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

Vol. 164 WASHINGTON, TUESDAY, MARCH 6, 2018 No. 39 House of Representatives The House met at 10 a.m. and was And guess what? The cynics were brought to him and he rejected them, called to order by the Speaker pro tem- right, and Congress has taken no ac- saying that he wanted to eliminate pore (Mr. HARPER). tion. There have been a few attempts, various types of legal immigration ave- f but the reality is that Congress has not nues used by people, especially people passed a bill, and the opportunities for of color and people from the developing DESIGNATION OF SPEAKER PRO us to pass a bill are dwindling. world. Without these massive cuts to TEMPORE How did we get here? How is it that legal immigration, the President just The SPEAKER pro tempore laid be- we always end up here when it comes wasn’t interested. fore the House the following commu- to immigration? And we offered him money for his nication from the Speaker: Well, it has been a failure of both silly, mindless, stupid, dimwitted, rac- WASHINGTON, DC, parties to act, to compromise, and to ist wall, but he rejected that, too. March 6, 2018. legislate. But let’s be honest, the Presi- In the end, this is not about Dream- I hereby appoint the Honorable GREGG dent doesn’t want these immigrants in ers, it is not about the wall, it is not HARPER to act as Speaker pro tempore on this country, and Republicans in Con- about border security. Do you know this day. gress only want to do what the Presi- what it is about? It is about a deeply PAUL D. RYAN, dent wants them to do because they held core belief of the President, and Speaker of the House of Representatives. fear his tweets and the effect it might many of his advisers, that there are f have on their voters in November. just too many people of color coming MORNING-HOUR DEBATE The President said he loved Dream- legally to the United States. There are ers. Remember? He wanted to preserve too many family members of immi- The SPEAKER pro tempore. Pursu- DACA and treat them ‘‘with heart.’’ He grants, unless those immigrants are ant to the order of the House of Janu- said he wanted to give a pathway to members of Trump’s own family. ary 8, 2018, the Chair will now recog- citizenship for Dreamers, and he told a It is clear that the President doesn’t nize Members from lists submitted by group of lawmakers on national tele- want immigrants who look like the di- the majority and minority leaders for vision that he would take the political verse and colorful fabric of the world. morning-hour debate. heat and sign whatever bipartisan ap- And he doesn’t want Dreamers who The Chair will alternate recognition proach they were able to come up with, were raised in the U.S. alongside of our between the parties. All time shall be but he was lying, again. own children, who reflect the diversity equally allocated between the parties, Just like his conversations with law- of America. and in no event shall debate continue makers on guns after the massacre in Now, to be fair, some of my Demo- beyond 11:50 a.m. Each Member, other Florida—also with the television cam- cratic colleagues are just as happy than the majority and minority leaders eras rolling—what the President says about the injunctions in the Federal and the minority whip, shall be limited in public, what he does behind closed courts that are keeping the Trump de- to 5 minutes. doors, what he tweets, and what he portation machine from fully engaging f thinks from moment to moment do not and going after Dreamers. Law- seem to be connected in any logical makers—both Democrats and Repub- SECURING THE FUTURE OF way. licans—don’t need much encourage- DREAMERS And when the cameras are turned off, ment sometimes to just kick the can The SPEAKER pro tempore. The the radical rightwing whispers their or- down the road. Chair recognizes the gentleman from ders in the President’s ear, and he falls But let’s not kid ourselves. Relying Illinois (Mr. GUTIE´ RREZ) for 5 minutes. right in line—whether it is with gun on the courts to save Dreamers is a Mr. GUTIE´ RREZ. Mr. Speaker, yes- manufacturers or the anti-immigration cop-out, and a lot of people are left out terday was the deadline for the U.S. nativists. if they do not already have DACA. And Congress to secure the futures of hun- And when you cannot trust the Presi- for the ones who can renew their sta- dreds of thousands of Dreamers. Our dent to have a stable opinion for more tus, we may be back here in a few days constituents, who grew up in the than 2, maybe 3, hours, it makes it or weeks trying to prevent the deporta- United States, have been here at least hard for Republicans to figure out what tion of Dreamers and lots of other im- 10 years, but do not have permanent will please him and make him happy migrants if the courts change course, legal immigration status and, there- from moment to moment. which they may. fore, are deportable, vulnerable, and Bipartisan proposals that could have So I will not let my colleagues in ei- exploitable. passed the House and the Senate were ther party rest.

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

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VerDate Sep 11 2014 23:57 Mar 06, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.000 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1376 CONGRESSIONAL RECORD — HOUSE March 6, 2018 For now, every person who has DACA his mission of speaking the truth about have to be milked every day year- should renew their DACA as quickly as the Putin regime and calling attention round to produce the finest quality possible for whatever time they have to the human rights abuses in Russia. milk, cheese, and butter. left. I say run, don’t walk, to renew. He has carried on the legacy and As I walked through my orchard, I I have been here long enough to know brought Boris’ message to the world. remembered the countless stories and that even when faced with an issue on And through Vladimir’s efforts, the insights by my fellow California farm- which 80 percent of the American peo- legacy has been memorialized right ers, ranchers, dairymen and -women ple agree—whether it is sensible gun here in Washington, D.C. shared with me over the past year, and control or preventing the deportation Last week, Mr. Speaker, I attended I think about my father, who farmed of children raised in America—it is the the unveiling of the naming of the all of his life, and my grandfather. 20 percent of the American people who plaza right in front of the Russian Em- In anticipation of the 2018 farm bill, Republicans are listening to, and play- bassy after Boris. Boris personified the I have held round tables and listening ing to, and tweeting to, and playing fight for human rights in Russia. sessions, attended agriculture town- nice-nice with the White House to ap- And now, in front of the Russian Em- halls, and met with our farmers and pease. bassy in Washington, D.C., 3 years after farm workers, who, every day, work so And the rest of us, what do we get? Boris was murdered, he is now memori- hard to put those food products on Nothing—on immigrants, on guns, on alized as a symbol—a symbol signifying America’s dinner table. climate change, on healthcare, or on that one person or one idea can be I have done this to hear firsthand the taxes—unless we, as voters, simply re- more powerful and more threatening to concerns and priorities of our local pro- shuffle the deck. a corrupt regime than even the biggest ducers, farm workers, and nutrition or- The SPEAKER pro tempore. Mem- army. ganizations regarding our Nation’s food bers are reminded to refrain from en- That plaza also serves as a symbol supply. I have also had numerous meetings gaging in personalities toward the for the future because one day Putin with key agriculture and trade offi- President. will be gone and Boris’ dream will be- cials, including Agriculture Secretary come a reality. When that day comes, f Perdue, who has been out to California the diplomats who come to the United BORIS NEMTSOV a number of times. States, representing a free and demo- And as we in Congress move together The SPEAKER pro tempore. The cratic Russia, will be able to look out Chair recognizes the gentlewoman from with farm bill negotiations, we must the windows of their embassy beaming maintain strong support for the cul- Florida (Ms. ROS-LEHTINEN) for 5 min- with pride at what Boris’ sacrifice tivation and production of fresh fruits utes. helped them realize. Ms. ROS-LEHTINEN. Mr. Speaker, and vegetables, which are the founda- And they will honor Boris’ legacy tion of a healthy diet. California pro- last week sadly marked the third anni- and everyone else who told the truth versary of the murder of the Russian duces over half of the Nation’s fruits about the regime of Putin and who and vegetables. It is truly amazing. human rights activist Boris Nemtsov. gave everything for a free and demo- On February 27, 2015, Boris was assas- Three hundred crops. cratic Russia, where human rights and We must also make sure that we do sinated while crossing a bridge near the rule of law are respected, not not abandon our Nation’s most vulner- the Kremlin in Moscow, shot in the feared. I hope that day is soon upon us, able through inhumane cuts to the nu- back in the most cowardly manner. Mr. Speaker. trition programs that provide a steady Boris’ murder was no doubt directed by f source of food to our Nation’s food sup- Putin, because Boris had actively orga- ply. We are talking about our safety nized rallies against the regime and PASSING A STRONG, BIPARTISAN FARM BILL net, we are talking about the SNAP even had the courage to report in de- program, and we are talking about tail on corruption in the Putin regime. The SPEAKER pro tempore. The Women, Infants, and Children. This has His death was a great loss for the peo- Chair recognizes the gentleman from been part of the glue on a bipartisan ple of Russia who are fighting for a free California (Mr. COSTA) for 5 minutes. basis that has kept Democrats and Re- and Democratic society. Mr. COSTA. Mr. Speaker, I rise today publicans together in the reauthoriza- I was lucky enough to have known to talk about the challenges that we tion of the farm bill. Boris and met with him several times face, not only in my constituency as it But we must have a safety net for over the years. I had the great privi- relates to California agriculture, but a those who are most unfortunate in our lege to work with him on getting the host of other issues as well. society. We should work to expand for- Sergei Magnitsky Rule of Law Ac- We are in the process of trying to re- eign markets for our products and to countability Act passed into law in authorize the farm bill, something we incentivize sound conservation prac- 2012. In fact, I met with Boris right do every 4 years. It used to be—and we tices and research. Research is very after the House passed that bill. hope it will continue this year—one of important to ensure the sustainability. That day, Boris told me something the more bipartisan efforts we are en- Sustainability is critical—and contin- that resonated with me, Mr. Speaker. gaged in. ued growth of American agriculture. He told me that Putin had made stop- I represent not only the heartland of We have the opportunity with the ping the Magnitsky Act his utmost pri- the San Joaquin Valley, but third-gen- farm bill to address the crippling agri- ority. eration farmer. culture labor crisis afflicting our Though that resonated with me, it Last week—as I do every weekend farms, and it must be addressed as we did not surprise me, because I was born when I go home—I was walking the look at a broken immigration system in communist Cuba, and I was forced to rows of the almond trees on my ranch that not only impacts our Dreamers— flee my homeland with my family to outside of Fresno, California. They are the DACA program—but a reliable sup- get away from the Castro regime. And beautiful. They are in full bloom this ply of farm labor. I know that Castro would have had the time of year. There is not a time, These are all among the issues that same reaction as Putin, because thugs though, in the year, in the San Joaquin we must address to ensure that our Na- fear the people who are brave enough Valley, where the incredible bounty of tion’s food supply is reliable, because, to challenge their authoritarian rule. the 300 crops that we grow are not on guess what, it is a national security That is why Putin feared Magnitsky; display because they are always out issue. People don’t look at it that way. that is why Putin feared Boris; and there. People go into the grocery store and that is why Putin fears my friend and The blossoms in the spring grow into they think: Well, what is the problem; close friend of Boris’ Vladimir Kara- the almonds, walnuts, and pistachios grocery stores have all the food in the Murza, who the Putin regime has tried until late summer. Tomatoes are har- world. They go to the restaurants, and to kill on two occasions, both by poi- vested in August and September, fol- they have all the food that you need. soning. lowed by cotton in October and Novem- But the food doesn’t go to the gro- Vladimir has bravely picked up the ber. The dairymen and dairy processors cery store or to those restaurants with- mantle from Boris, and he carries out work every day because those cows out it being grown by America’s men

VerDate Sep 11 2014 23:57 Mar 06, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.002 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1377 and women who labor—less than 3 per- converted into a small business hub. Give her the fruit of her hands, and let her cent of the Nation’s population—to And new businesses are popping up all works praise her in the gates. produce the finest, highest quality, over. It is an exciting time for the Mr. Speaker, many may ask why I greatest yield, most nutritious food Alton community, and they can’t wait would read such a Scripture this day anywhere in the world, every night on to show the Nation southern Illinois’ on the floor. Well, because 38 years ago, America’s dinner table. spirit of innovation. tomorrow, I married a beautiful young That is why we must come together— RECOGNIZING THE DETERMINATION OF ROWDY woman who has grown to become the Democrats and Republicans—to im- LOYD very woman described in this Scrip- prove our Nation’s food supply by pass- Mr. BOST. Mr. Speaker, I rise today ture. She is very beautiful and very ing a strong, bipartisan farm bill. to recognize the determination of a charming, but most of all, she is vir- FIFTH ANNIVERSARY OF VIOLENCE AGAINST young man from my hometown of tuous. WOMEN REAUTHORIZATION ACT Murphysboro, Illinois. With that, I want to wish her an Mr. COSTA. Mr. Speaker, I rise today Rowdy Loyd has cerebral palsy and a early happy anniversary. I love you, to commemorate the fifth anniversary nerve disorder, but that has not Tracy. of the Violence Against Women Reau- stopped him from trying out for the f Murphysboro Red Devils basketball thorization Act, otherwise known as IN DEFENSE OF DREAMERS AND team year after year. While he hasn’t VAWRA. THOSE WHO BROUGHT THEM HERE Protecting the Violence Against made the official roster, he serves as Women Act is one of our top priorities team manager. Going to every game all The SPEAKER pro tempore. The in the Victims’ Rights Caucus, a bipar- through his high school career, and Chair recognizes the gentleman from tisan House caucus that Congressman every practice, Rowdy had a constant Texas (Mr. AL GREEN) for 5 minutes. TED POE and I organized some 10 years presence with the team, coaches, and Mr. AL GREEN of Texas. Mr. Speak- ago. our community. er, it is an honor for me to rise today Last month, Rowdy finally got the in defense of Dreamers and those who b 1015 chance to see game time. Rowdy scored brought them here. I rise in defense of The law seeks to both prevent vio- 10 points on the night, including a them, Mr. Speaker, because, quite lence in our communities and provides buzzer-beating 3-point shot. In Rowdy’s frankly, there was a desire for persons services to survivors of violence, in own words: to come here. There was a desire for part, by encouraging collaboration I got a whole lot of school behind my back, them to come and to work, and to work among local law enforcement, tradi- and my family. I’ve got a lot of people that at wages that some considered subpar, tional personnel, and the private sector support me. So it was awesome to know that a desire for them to work under condi- organizations, NGOs. In my district, they all came to the game to watch me play. tions that were not the best. There was these organizations collaborate, and Rowdy, we are all proud of you. a desire for them to come, and they they have been vital in helping sur- WISHING A HAPPY ANNIVERSARY TO TRACY BOST came. vivors of violence. Mr. BOST. Mr. Speaker, I rise today, I rise in defense of them because, Mr. We must have numerous organiza- if I could, to take a moment. I would Speaker, we are complicit in this be- tions working tirelessly together to like to read a part of a particular prov- havior. We were complicit because we support the victims of crime. In my erb, Proverbs 31:10–31: knew they were coming, and we wanted them to come. district, they include the Marjaree An excellent wife, who can find? She is Mason Center, Central California Legal more precious than jewels. I rise in defense of them because I Services, Choice Women Empower- The heart of her husband trusts in her, and don’t believe that a country as great as ment, Centro La Familia, and Valley he will have no lack of gain. the United States of America can ask Crisis Center. This is critical to end vi- She does him good and not harm in all the young people to accept a pathway to olence not only in our valley, but in days of her life. citizenship but not give it to the people our Nation, and that is why we must She seeks wool and flax and works with who brought them here: their parents, willing hands. in most cases, but, in a good many come together to end this violence, to She is like merchant ships; she brings her ensure that the survivors have access food from afar. cases, other persons who cared for to services for essential recovery. She rises while it is yet night and provides them. We cannot stop, and we must end this food for her household and portions for her To ask these young people to sell out horrendous violence once and for all. maidens. their parents, to borrow a term that we That is why we must support the Vio- She considers a field and buys it, and from use, is more than a great nation should lence Against Women Act. the fruit of her hands she plants the vine- ask of young people; to say to them, yards. ‘‘You can stay, but your parents may f She dresses herself with strength and makes her arms strong. have to go,’’ what kind of country are CONGRATULATING THE CITY OF we if we demand this of young people ALTON, ILLINOIS She perceives that the merchandise is prof- itable, and her lamp does not go out at who came with people whom we wanted The SPEAKER pro tempore. The night. to come, who have done us no harm, Chair recognizes the gentleman from She puts her hands to the distaff and her who have worked hard in our kitchens, Illinois (Mr. BOST) for 5 minutes. hands to the spindle. who have worked hard cleaning our Mr. BOST. Mr. Speaker, I rise today She opens her hand to the poor and reaches homes, who have worked hard tending to congratulate the city of Alton, Illi- out her hands to the needy. She is not afraid of snow, for all her house- our fields, who worked hard bringing in nois. Alton was selected from hundreds hold is clothed with scarlet. the fruits of the labor that they of cities nationwide to be featured on She makes bed coverings for herself. Her brought to this country? the reality TV show ‘‘Small Business clothing is fine linen and purple. What kind of country says, ‘‘You are Revolution—Main Street.’’ The city Her husband is known in the gates when he going to go back,’’ after many years of will also receive a $500,000 investment sits among the elders of the land. being here, and send the young people for its small businesses. She makes linen garments and sells them. back to places of which they know very She delivers sash to the merchants. Alton has a rich history. It is home Strength and dignity are her clothing, and little? to historic buildings, and has a deep she laughs at time to come. Mr. Jose Escobar is a case in point. manufacturing heritage. It was the site She opens her mouth in wisdom, and the He was sent back to San Salvador. He of one of the Lincoln-Douglas debates, teaching of kindness is on her tongue. hadn’t been there in many, many a route on the Underground Railroad, She looks well to the ways of her house- years. He came here around 15 years of and home to blues musician Miles hold and does not eat the bread of idleness. age. Davis and history’s tallest man, 8-foot- Her children rise up and call her blessed. Mr. Speaker, now is the time for this Her husband also, and he praises her: Many 11-inch Robert Wadlow. women have done excellently, but you sur- country to take the affirmative action These days, Alton is undergoing a pass them all. to correct what will be an injustice if small business revolution, from a self- Charm is deceitful and beauty is vain, but we pursue the path that the President pour craft beer taproom to a post office a woman who fears the Lord is to be praised. would have us pursue. Now is the time

VerDate Sep 11 2014 23:57 Mar 06, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.004 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1378 CONGRESSIONAL RECORD — HOUSE March 6, 2018 for us to make sure that every person first methane digesters in Pennsyl- Germany, and then 3 weeks later by is receiving the kind of liberty and jus- vania. Now the farm generates revenue Communist Russia, Poland suffered an tice for all that we extol in the Pledge by selling power back to the grid and unimaginable loss of 20 percent of its of Allegiance. Now is the time for us to reduces electricity costs for the farm. population that perished during World make sure that all of these young peo- Schrack Farms is a model operation War II, the most of any nation in that ple are given the opportunity to suc- that is at the forefront of modern-day war. ceed on their merits or fail on their de- farming practices. Their operation ef- Of the 14 million civilians killed by merits in the country that they know fectively demonstrates that invest- Nazi Germany and Communist Russia, as home. ment in environmentally friendly prac- over 6 million were killed in Poland; 3 Mr. Speaker, we are a great country. tices can lower costs, provide new rev- million Jews and 3 million Christians, A great country does not do what the enue streams, and offer greater effi- as well as Roma and Sinti, the dis- President is proposing, and I will not ciencies on the farm. abled, homosexuals, and other inno- stand with the President on this. I They also educate local legislators cents. stand and defend the Dreamers and the and the general public about their op- Poland never surrendered. There people who brought them here: in most eration’s positive economic and envi- never was a collaborationist Polish cases, their parents. This is what a ronmental benefits. Jim Harbach said Government. Establishing a free gov- great nation ought to do. the farm’s practices and beliefs go well ernment in exile, Polish armies fought I know that there may be people who beyond the borders of farming. Family on every front in Europe, including differ, but when you are standing on members and farm staff are involved in alongside American soldiers at Nor- right, you don’t worry about those who associations and organizations that mandy. differ. This is the right thing for the promote dairy farming and its environ- Despite the Nazi and Soviet cam- United States of America to do. mental impacts. He has traveled across paign to wipe out Poland’s most edu- f the country speaking about the prac- cated and accomplished and, indeed, tices that they use right there in CONGRATULATING SCHRACK Poland’s history, Poland resisted at Loganton, Pennsylvania. FARMS ON ITS 2018 INNOVATIVE home with the largest underground re- Schrack Farms accepted the award DAIRY FARMER OF THE YEAR sistance movement in Europe. Poland earlier this year at Dairy Forum 2018 AWARD never surrendered, nor did it ever sur- in Palm Desert, California. Pennsylva- render to Nazi nor Communist, mur- The SPEAKER pro tempore. The nia’s Secretary of Agriculture Russell derous ideology. Chair recognizes the gentleman from Redding nominated the farm for the At Katyn, Communist Russia, with Pennsylvania (Mr. THOMPSON) for 5 award, and I was pleased to add sup- bullets to the back of their heads, minutes. porting comments to the nomination. Mr. THOMPSON of Pennsylvania. killed over 12,000 Polish leaders from Mr. Speaker, I am most proud of its military, civil society, their edu- Mr. Speaker, I rise today to congratu- Schrack Farms and the entire family late Schrack Farm Resources of cational community, and their reli- for being a leader in dairy farming not gious leadership. Loganton, Pennsylvania, for being only in the Commonwealth of Pennsyl- named the 2018 Innovative Dairy Farm- 1945 brought allied liberation to a vania, but nationwide. I whole- war-torn Europe, but not to Poland, er of the Year. heartedly congratulate Jim, Lisa, The national award celebrates U.S. which fell under the Soviet yoke, re- Kevin, and their families and employ- pressed, and blocked from its own iden- dairy producers that apply creativity, ees on this outstanding achievement. excellence, and forward thinking to tity, indeed, even denied a true rep- f achieve greater on-farm productivity resentation of its wartime history of and improved milk marketing. The COMMEMORATING 100TH ANNIVER- heroism, tragedy, and terror. award is presented annually by the SARY OF POLAND’S REEMER- But in 1989, after 43 years of increas- International Dairy Foods Association GENCE ing resistance to occupation inside Po- and Dairy Herd Management magazine. The SPEAKER pro tempore. The land, its fierce love of liberty spilled Mr. Speaker, Schrack Farm Re- Chair recognizes the gentlewoman from over into successful resistance and massive electoral victory won by sources has a rich history in Clinton Ohio (Ms. KAPTUR) for 5 minutes. County. Located in the heart of farm Ms. KAPTUR. Mr. Speaker, I am Solidarnosc, the labor movement that country, Schrack Farms is operated by pleased to join my colleague, Rep- yielded ultimate liberty for Poland. This was the first wave of major pop- Jim and Lisa Harbach and Kevin resentative JACKIE WALORSKI, as co- Schrack. Lisa and Kevin are siblings. chairs of the Polish Caucus. ular and anti-Communist opposition They run the farm with the help of This year, we commemorate the across the Soviet bloc that resulted in their children and grandchildren, who 100th anniversary of Poland’s reemer- the Berlin Wall’s collapse in 1989, the now represent the 11th-generation gence as a European nation in 1918. As wall that divided liberty from tyranny farmers of the land. Yes, that is right; grateful Polish Americans, we join to- and, ultimately, communism’s demise. Schrack Farm Resources has been in gether on a bipartisan basis to ac- Poland has accomplished much in the operation since 1773, 3 years before the knowledge this historic achievement of generation of freedom that followed. Declaration of Independence was even freedom’s advance. She has achieved a steady economic issued. They have 22 full-time employ- The reality is history has been brutal growth in each year since its return to ees and some part-time help as well. to Poland. In the late 1700s, Poland was freedom, the most robust of any nation The owners said it is teamwork that erased from the map of Europe for 123 in Europe. Yet, the millions of souls makes it possible for them to receive years by three adjacent predatory em- who perished in Poland across every this award. pires because it passed a constitution faith, confession, and ethnic origin, It is especially meaningful to see a inspired by ours, which included a sep- most remain unknown to history. Our Pennsylvania farm with such a long aration of powers. globe is still weighed down with the history of good stewardship being Poland became the first nation in Eu- collective sense of unresolved grief and named the leading innovator, nation- rope to abolish serfdom by the Polaniec the lack of historical truth that hu- wide, for dairy farming. Today, Manifesto on May 7, 1794. Then, in 1918, manity must address. Schrack Farms is managing an 1,100- following World War I, with the sup- For the millions who perished, this head dairy herd while advocating for port of President Woodrow Wilson, Po- anniversary year of Poland’s rebirth no-till farming and maintaining soil land was restored to the map of Europe should be an occasion to uplift that health and promoting awareness of the and resumed its torturous climb to historical truth to heal, not divide. As Chesapeake Bay watershed. freedom. we speak, vicious Russian aggression Its farming practices truly focus on aims to destabilize Europe and our pre- conservation. Schrack Farms also was b 1030 cious transatlantic and NATO alliance, an early adopter of renewable energy But then, in 1939, World War II began. essential to liberty. Free nations, in- technology and installed one of the As Poland was invaded, first by Nazi cluding Poland and her critics, should

VerDate Sep 11 2014 23:57 Mar 06, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.006 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1379 use this moment to recommit to lib- This year, this organization will con- Eternal God, we give You thanks for erty and rule of law, setting aside lan- tinue to expand its efforts, increasing giving us another day. guage and gestures that inflame divi- the number and range of speakers at The Prophet Isaiah, in the first chap- sions across Europe. their meetings, creating a mentoring ter, begins his message with these Now is a time for unity, not division. program where older kids can mentor words: ‘‘Hear, O heavens, and listen, O Now is a time for restraint, not antag- younger children about the effects of Earth, for the Lord speaks.’’ All the onism. Now is the time for reasoned type 1 diabetes. They will, in the com- heavens and all the Earth cannot grasp dialogue, not media taunts. And let me ing months, award several scholarships or contain Your Word, O Lord. Once commend the Polish-Israeli Reconcili- to local families so that kids can at- spoken and unleashed upon the world, ation Commission for its reasoned tend the American Diabetes Associa- Your Word catapults imaginings to progress and recent statement. tion’s Camp Freedom, a week-long their heights and penetrates every- Now is the time for diplomatic excel- overnight camp for kids with diabetes. thing to its depths. May our hearing lence and military readiness, not pro- Mr. Speaker, I want to thank Chris- turn to listening and our listening vocative gestures, legislative or other- tine, Alli, and Kim for all the work make us so attentive that it leads to wise. Now is the time for robust archi- they are doing to keep kids safe and new understanding and new ways of val restoration so the full truth of mil- help kids in our community and edu- acting. lions who perished can be known and cate our community about children Your Word provokes Isaiah to cry out recorded forever. Now is the time to facing this challenge. to the people: If only we were free strengthen freedom’s umbrella, not f enough to be raised up by its power or weaken it. strong enough to be embraced by its DEMOCRATS HAVE A BETTER May I extend all congratulations and full passion. Then we, like Isaiah, PLAN blessings to Poland on its 100th anni- would be able to hear in our broad- versary of reborn nationhood. The SPEAKER pro tempore. The casted news the voice of violence com- f Chair recognizes the gentleman from ing from our own children, and we New York (Mr. JEFFRIES) for 5 minutes. would lament as a nation searching for CELEBRATING THE ACCOMPLISH- Mr. JEFFRIES. Mr. Speaker, the MENTS OF KEVIN LEZYNSKI prophetic vision until we and our ways reckless, regressive, and reprehensible of acting change. The SPEAKER pro tempore. The Republican budget cuts funding for So- We pray for this vision now, and may Chair recognizes the gentleman from cial Security, cuts Medicare, cuts Med- all that is done this day in the people’s Pennsylvania (Mr. FITZPATRICK) for 5 icaid. The Republican budget cuts House be for Your greater honor and minutes. funding for Meals on Wheels, cuts fund- glory. Mr. FITZPATRICK. Mr. Speaker, re- ing for school violence prevention pro- Amen. cently, I was fortunate to meet an im- grams. It even cuts funding for the pressive young man, Kevin Lezynski, Special Olympics. f and celebrate with him as he earned Who does that? THE JOURNAL The Republican budget seeks to bal- the rank of Eagle Scout. The SPEAKER. The Chair has exam- Kevin, of Harleysville, Pennsylvania, ance itself on the backs of working ined the Journal of the last day’s pro- is a senior at Souderton Area High families, middle class folks, senior citi- ceedings and announces to the House School. He is involved in the commu- zens, the poor, the sick, the afflicted, his approval thereof. nity as a member of the Unified Spe- veterans, rural America, and the safety Pursuant to clause 1, rule I, the Jour- cial Olympics and the regular Special of our children. It is an abdication of nal stands approved. Olympics, where he competes in soccer, responsibility. It is a dereliction of swimming, bocce, baseball, and track duty. It is a stunning act of legislative f and field. He is the manager of the malpractice. The reckless Republican PLEDGE OF ALLEGIANCE school lacrosse team; he is involved in budget is a raw deal for the American this year’s musical; and he was voted people. The SPEAKER. Will the gentleman homecoming king. Democrats have a better deal focused from Florida (Mr. DEUTCH) come for- As an Eagle Scout in Troop 91, Kevin on better jobs, better wages, and a bet- ward and lead the House in the Pledge earned 36 merit badges and led a group ter future for the American people. of Allegiance. of 38 others in building a gazebo on the Democrats have a better deal focused Mr. DEUTCH led the Pledge of Alle- high school grounds in just 2 days. Stu- on higher pay, lower costs, and pro- giance as follows: dents and teachers now use the space viding the American people with the I pledge allegiance to the Flag of the to learn and socialize. tools to succeed in a 21st century econ- United States of America, and to the Repub- Kevin is a shining example of com- omy. Democrats have a better deal fo- lic for which it stands, one nation under God, indivisible, with liberty and justice for all. mitment to community service and cused on improving the quality of life what you can accomplish when you put of everyday Americans. f your mind toward a goal. f MOMENT OF SILENCE HONORING Congratulations, Kevin, on earning RECESS THOSE KILLED OR WOUNDED IN this well-deserved rank of Eagle Scout. SERVICE TO OUR COUNTRY RECOGNIZING CHRISTINE GUNSIOROWSKI, ALLI The SPEAKER pro tempore. Pursu- The SPEAKER. The Chair asks that CURRO, AND KIM MCCLEARY FOR FOUNDING ant to clause 12(a) of rule I, the Chair THE TYPE ONE PARENT PROJECT FOUNDATION declares the House in recess until noon the House now observe a moment of si- Mr. FITZPATRICK. Mr. Speaker, I today. lence in honor of those who have been rise today to recognize Christine Accordingly (at 10 o’clock and 38 killed or wounded in service to our Gunsiorowski, Alli Curro, and Kim minutes a.m.), the House stood in re- country and all those who serve and McCleary for their work in the commu- cess. their families. nity combating type 1 diabetes. f f After all three women had a child di- b 1200 ANNOUNCEMENT BY THE SPEAKER agnosed with diabetes in 2014, they began raising money to find a cure. In AFTER RECESS The SPEAKER. The Chair will enter- 2016, they took their efforts even fur- The recess having expired, the House tain up to 15 requests for 1-minute ther, starting the Type One Parent was called to order by the Speaker at speeches on each side of the aisle. Project Foundation focused on pro- noon. f viding support and guidance for fami- f lies in my district in Bucks and Mont- HONORING RICHARDSON POLICE gomery Counties, as well as raising PRAYER OFFICER DAVID SHERRARD general awareness about type 1 diabe- The Chaplain, the Reverend Patrick (Mr. SAM JOHNSON of Texas asked tes. J. Conroy, offered the following prayer: and was given permission to address

VerDate Sep 11 2014 23:57 Mar 06, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.008 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1380 CONGRESSIONAL RECORD — HOUSE March 6, 2018 the House for 1 minute and to revise Mr. GIANFORTE. Mr. Speaker, I rise and dedication of our north country and extend his remarks.) today to draw attention to Washington Olympians, who made history at the Mr. SAM JOHNSON of Texas. Mr. inactivity that has locked up hundreds 2018 Winter Games in Pyeongchang. Speaker, I rise today to honor the of thousands of acres of Montana pub- The United States women’s bobsled memory of Richardson Police Officer lic lands. team, trained in Lake Placid in my dis- David Sherrard. In the 1970s, Congress designated over trict, finished strong with an incredible Last month, Sherrard and other offi- 1 million acres of Montana as wilder- silver medal win. cers responded to a domestic disturb- ness study areas. The U.S. Forest Serv- We are also incredibly excited for ance, where Sherrard was shot and ice and BLM were charged with deter- Saranac Lake’s very own Chris later succumbed to his wound. mining whether to include them in the Mazdzer, who made Olympic history Mr. Speaker, David Sherrard served National Wilderness Preservation Sys- this year, taking home Team USA’s with the Richardson Police Depart- tem. first ever medal in men’s singles luge. ment for 13 years. He was known for his By the early 1980s, the Forest Service Chris trained tirelessly at the Olym- generosity and bravery, but above all, and BLM had made their recommenda- pic Training Center in Lake Placid, he was known for his faith in God, tions, but Congress did not act. Now, and I know he has inspired the next which he shared with others. nearly 40 years later, Congress still generation of New York-21 athletes Sherrard was the first Richardson po- hasn’t acted, and those study areas are from across our region. lice officer to die in the line of duty. still locked up. Mr. Speaker, the north country has His death is a great loss. His wife and Mr. Speaker, last week I introduced been buzzing with excitement since the daughters remain in my thoughts and the Unlocking Public Lands Act and Winter Games began, and seeing Chris prayers. the Protect Public Use of Public Lands on the podium was an incredible mo- Mr. Speaker, I ask my colleagues to Act. These bills will release nearly ment for us all. join me in honoring the service and 700,000 acres of lands found to be not Congratulations to Chris and to all sacrifice of David Sherrard, a true suitable for wilderness designation and our Olympians, who showed the world hometown hero. return them to Forest Service and just what the north country has to f BLM management. offer. County commissioners, State legisla- WILLIE O’REE SHOULD BE IN- f tors, and impacted communities sup- DUCTED INTO THE HOCKEY GREAT LAKES WEEK port this overdue action. HALL OF FAME Congress is about 40 years late in (Mr. KILDEE asked and was given (Mr. QUIGLEY asked and was given unlocking Montana’s public lands and permission to address the House for 1 permission to address the House for 1 increasing public access to them. It is minute.) minute and to revise and extend his re- time to finish the job. Mr. KILDEE. Mr. Speaker, this week marks.) f is Great Lakes Week. Mr. QUIGLEY. Mr. Speaker, 60 years As a Michigander, I am proud of the ago, Willie O’Ree broke the color bar- THE NATION WILL NOT FORGET fact that Republicans and Democrats rier in professional hockey, all while PARKLAND in Congress continue to work together overcoming racial slurs, doubt, and (Mr. DEUTCH asked and was given to highlight the importance of our blindness in his right eye. permission to address the House for 1 shared water resources and to protect Often referred to as the Jackie Rob- minute and to revise and extend his re- the Great Lakes. inson of hockey, Willie has been a marks.) The Great Lakes generate billions of trusted champion for diversity, a pro- Mr. DEUTCH. Mr. Speaker, it has dollars in economic activity and pro- ponent of inclusion, and an inspiration been just 20 days since the shooting at vide drinking water to 40 million peo- for so many young players both off and Marjory Stoneman Douglas High ple. We have to do everything we can on the ice. School in Parkland, Florida; but when to protect them from harm. Each February, we celebrate Black you spend those days going to funerals Unfortunately, President Trump re- History Month as well as Hockey is for and memorial services and vigils, and cently unveiled his proposed budget, Everyone Month, and no one embodies when you spend those days meeting which cuts funding to the Great Lakes both of those tributes as profoundly as with grieving parents who don’t know by 90 percent. An important restora- living legend Willie O’Ree. what life is without their loved one, tion initiative that has succeeded and He is as humble as he is inspiring, and when you spend those days de- has had bipartisan support, the Presi- often reminding fans that he only manding that this House take action, dent nearly eliminates. played in the NHL for 45 games, and it feels a lot longer. Protecting our Great Lakes has while that may be true, he changed the Life moves on, new headlines fight to never been a partisan issue. Democrats game forever. push our pain aside. and Republicans have come together There are few players worthier of One Parkland student, starting her before to restore funding cuts that being inducted into the Hockey Hall of first full week back at Marjory were proposed by President Trump. I Fame, and it is long overdue that Wil- Stoneman Douglas since the shooting, am confident that we will come to- lie’s name be added to that list. said this on Twitter: ‘‘There are no gether again. As the Hockey Hall of Fame con- media trucks in sight. Don’t forget This Great Lakes Week, as every tinues to accept and review nominee about Parkland.’’ week, I stand up for the Great Lakes submissions before the March 15 dead- Mr. Speaker, the fight is not over. and those who depend upon them. They line, I want to remind everyone of the Mr. Speaker, this Congress cannot and are a critical water resource that must countless ways Willie strengthened and will not just move on from this trag- be protected. supported this sport. edy. f I thank him for his continued efforts The Nation will not forget Parkland, RECOGNIZING ALBERTO to increase access for all people of all because this time, we join with the CARVALHO backgrounds to get out on the ice and Marjory Stoneman Douglas students in play the greatest game. declaring: ‘‘Never again.’’ (Ms. ROS-LEHTINEN asked and was f f given permission to address the House for 1 minute and to revise and extend UNLOCKING MONTANA’S PUBLIC RECOGNIZING OUR NORTH her remarks.) LANDS TO INCREASE PUBLIC AC- COUNTRY OLYMPIANS Ms. ROS-LEHTINEN. Mr. Speaker, I CESS (Ms. STEFANIK asked and was given rise today to recognize Alberto (Mr. GIANFORTE asked and was permission to address the House for 1 Carvalho, the superintendent of Miami- given permission to address the House minute.) Dade County Public Schools, the Na- for 1 minute and to revise and extend Ms. STEFANIK. Mr. Speaker, I rise tion’s fourth largest school system, his remarks.) today in recognition of the hard work with more than 500,000 students.

VerDate Sep 11 2014 23:57 Mar 06, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.011 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1381 For the past decade, Alberto has These lines of investigation clearly He was right. The enemy losses were worked tirelessly on behalf of students violate the scope of the special counsel, staggering. and educators throughout my congres- which is limited to: ‘‘. . . any links The Alamo volunteers gave General sional district. His efforts have pro- and/or coordination between the Rus- Sam Houston time to organize another pelled Miami-Dade public schools into sian Government and individuals asso- army. So, on April 21, Houston and his a position of national prominence, and ciated with the campaign . . .’’ troops vanquished and routed the it is now one of the Nation’s highest In the interest of justice, the inves- enemy and secured Texas independ- performing urban school systems. tigation must be limited. The Deputy ence. Recently, Mr. Carvalho was offered Attorney General should do so imme- Then Texas was a republic for 9 the opportunity of a lifetime to run the diately to ensure a fair process. years. largest school system in the country, A rogue investigation should not be Independence was successful because and that is chancellor of New York allowed to continue. the valiant, relentless Alamo defenders City schools, but he showed his dedica- f believed death was preferable to tyr- tion and commitment to south Flor- anny. Today we honor their sacrifice ida’s students and teachers when he de- b 1215 on the altar of liberty. cided to stay in Miami-Dade. As a FLORIDA HOUSE PASSES GUN And that is just the way it is. former Florida certified teacher, I am SAFETY BILL f so glad that he is staying to continue (Ms. NORTON asked and was given TRADE AND TARIFFS leading Miami-Dade County Public permission to address the House for 1 Schools. (Mr. LAHOOD asked and was given minute and to revise and extend her re- Mr. Speaker, on behalf of our grate- permission to address the House for 1 marks.) ful community and countless individ- minute and to revise and extend his re- Ms. NORTON. Mr. Speaker, MARCO uals who have been positively impacted marks.) RUBIO’s Florida State Senate got by Alberto Carvalho’s unwavering dedi- Mr. LAHOOD. Mr. Speaker, last week shocked enough by the Parkland shoot- cation, I want to say: Thank you, I was invited to the White House to ing to pass a token gun safety bill. The ‘‘friend,’’ ‘‘amigo.’’ Please stay. meet with President Trump and his ad- Florida House has yet to act. Whatever f visers to discuss trade and the renego- Florida does, RUBIO’s token gun bill in tiation of NAFTA. My district is the WE SHOULD NOT ROLL BACK Washington is belied by his pending eighth largest agriculture district in FLIGHT SAFETY LAWS bill to eliminate virtually all of the the country. For districts like mine, (Mr. HIGGINS of New York asked and District of Columbia’s gun safety laws. free trade is crucial to ensuring that was given permission to address the Worse, RUBIO has put his D.C. bill in there are new markets for our farmers House for 1 minute.) the Congress to raise his NRA rating and manufacturing to sell their prod- Mr. HIGGINS of New York. Mr. for the last two Congresses. It did raise ucts and goods. That is why I urged the Speaker, 9 years ago, Continental his NRA rating from B plus to A. President to maintain and strengthen Flight 3407 crashed in western New I have managed to save D.C.’s gun our existing trade agreements, includ- York, killing all aboard and one on the safety laws, but RUBIO’s shamefully ing NAFTA, not withdraw or create ground. token responses in the Senate to the new barriers to free trade. The National Transportation Safety Parkland tragedy will be seen as one The American economy is currently Board found that the cause of the crash more act of hypocrisy until he stops booming, thanks to once-in-a-lifetime was pilot error and poor training. meddling in the District of Columbia’s tax reform, with disposable income see- Prior to the enactment of flight safe- affairs and withdraws his D.C. gun bill. ing its highest jump since 2015. We ty laws, there were two levels of safety: The SPEAKER pro tempore (Mr. should be working to build upon this one more stringent for the commercial GIANFORTE). Members are reminded to success, not instituting protectionist carriers that we are all familiar with, refrain from engaging in personalities tariffs that could start a trade war. In and one considerably less stringent for toward Members of the Senate. the end, the cost of tariffs are passed the ones that we are less aware of. f on to consumers and act like a new There were two levels of safety. form of taxation, which could undo THE ALAMO—MARCH 6, 1836 Now there is only one because of the much of the gains we have seen since courageous work of the families of the (Mr. POE of Texas asked and was tax reform. survivors who came to Congress and given permission to address the House I urge the President and his team to helped Congress enact very strict safe- for 1 minute and to revise and extend reconsider the blanket tariffs discussed ty regulations. We have not had a com- his remarks.) last week, and instead focus on fight- mercial crash that ended up in fatali- Mr. POE of Texas. Mr. Speaker, in ing specific unfair trade practices that ties since that time. the early morning hours it was cold, put American businesses at a disadvan- It is important that we not roll back damp, and dark in the old, beat-up tage. these safety standards, as they are Spanish mission. f based on the National Transportation It was the Alamo. THE UNHRC MUST STOP Safety Board’s findings and the work of It was March 6, 1836. UNFAIRLY TARGETING ISRAEL this Congress. It was a battle for Texas independ- f ence. (Mr. WILSON of South Carolina The volunteers were from most of the asked and was given permission to ad- LIMIT SCOPE OF SPECIAL States and several foreign countries, dress the House for 1 minute and to re- COUNSEL including Mexico. vise and extend his remarks.) (Mr. SMITH of Texas asked and was The small band of 186 Texians and Mr. WILSON of South Carolina. Mr. given permission to address the House Tejanos, led by defiant Colonel William Speaker, Israel is America’s treasured for 1 minute and to revise and extend Barrett Travis, had already repelled ally in the Middle East, and we must his remarks.) two attempts by Dictator Santa Anna stand up for our friends when they are Mr. SMITH of Texas. Mr. Speaker, and his army of thousands to take the being treated unfairly. Recently, we the special counsel investigation has garrison. have seen the United Nations targeting pushed way beyond its authorized pur- But on this morning, after a fierce Israel with six anti-Israel resolutions pose. battle, the enemy overwhelmed the passed in the last year alone. This is Recent reports indicate that individ- volunteers and killed them all. Sur- hypocritical discrimination. uals have been questioned about Presi- vivors were murdered. That is why I introduced House Reso- dent Trump’s business activities prior However, Travis wrote in a letter on lution 728, which recognizes that the to his entering the 2016 campaign. The March 3 that ‘‘a victory by the enemy United Nations Human Rights Council private interests of Trump family will cost Santa Anna more than de- wastes U.S. taxpayers’ money by tar- members also are being probed. feat.’’ geting Israel and reiterates that they

VerDate Sep 11 2014 04:57 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.013 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1382 CONGRESSIONAL RECORD — HOUSE March 6, 2018 need to stop the shameful, prejudicial Mr. ARRINGTON. Mr. Speaker, I rise Mrs. ROBY. Mr. Speaker, I rise today behavior toward Israel. Even U.N. Sec- in support of the Comprehensive Regu- to share the news that I recently re- retary-General Ban Ki-moon has ex- latory Review Act. ceived that Alabama’s Second District pressed disappointment with the As a former regulator at the FDIC, I has the 13th largest population of mili- Human Rights Council singling out can tell you that the road to a really tary retirees in the Nation. Israel, given the multitude of other bad economy is paved with seemingly It goes without saying that this is human rights violations occurring good regulations. Regulations like the significant. At the end of last year, around the world. ones that came out of Dodd-Frank were there were more than 16,000 military I was grateful for the opportunity to intended to protect the consumer, but retirees living in Alabama’s Second have attended the AIPAC Policy Con- ended up creating more burden, more District. ference this weekend, where I partici- complexity, more cost, and fewer But, Mr. Speaker, while I am glad pated in a panel discussion on the choices. that these retired servicemembers threat to Israel from Gaza. There I By the way, it destroys relationship chose us, we are truly honored to have highlighted the broad security con- banking in rural America and districts them. As their neighbors, it is our job cerns Israel is facing, such as the I represent. The best way to protect to make sure that they feel at home, Hamas tunnels, and discussed ways in consumers and weed out the bad-acting welcome, and, most of all, appreciated. which the United States can assist to businesses is a healthy market with ro- Mr. Speaker, to the 16,000 retired address the threats of kidnapping and bust competition, transparency, and military personnel who call Alabama’s murder, such as the murder of Taylor more choices for the consumer. Second District home, I join our State Force. The last 8 years gave us an adminis- and community in thanking them for In conclusion, God bless our troops, trative state in place of the freest and their service to our country. We thank and we will never forget September the greatest economy in the world. We in- them for sacrificing on our behalf. Now 11th in the global war on terrorism. herited trillions of dollars in regu- let us care for them. That starts with Americans appreciate Prime Minister latory costs, millions of hours in paper- making sure that our veterans are re- Benjamin Netanyahu, a world states- work, and an economy that has grinded ceiving the care that they were prom- man, for his visit to Congress today. to a near halt. ised when they signed up to put their f Let’s continue to rein in the unneces- lives on the line for this Nation. sary regulations. Let’s get this econ- RECOGNIZING THE IMPORTANT If you are a veteran who needs any omy growing again, and let’s make ROLE OF SNAPa IN THE LIVES kind of casework assistance with the America great again. OF STUDENTS Department of Veterans Affairs, the f Social Security Administration, or (Mr. THOMPSON of Pennsylvania other Federal agency, please contact asked and was given permission to ad- HONORING CALIFORNIA FIREFIGHTERS my office now. Do not put this off. My dress the House for 1 minute and to re- staff and I work for you. We are grate- vise and extend his remarks.) (Mr. CARBAJAL asked and was given ful for you. As the Representative from Mr. THOMPSON of Pennsylvania. permission to address the House for 1 Alabama’s Second District, I am here Mr. Speaker, this afternoon I will meet minute and to revise and extend his re- to fight for you. with leaders from the School Nutrition marks.) Association of Pennsylvania, com- Mr. CARBAJAL. Mr. Speaker, last f monly known as SNAPa, which is a December, the Thomas fire raged COMPREHENSIVE REGULATORY statewide organization of school nutri- through Ventura and Santa Barbara REVIEW ACT tion professionals. Counties, eventually becoming the Mr. HENSARLING. Mr. Speaker, pur- SNAPa works to advance quality largest wildfire in California’s history. suant to House Resolution 747, I call up child nutrition programs through edu- Our heroic firefighters left their fami- the bill (H.R. 4607) to amend the Eco- cation and advocacy. Organized in 1955, lies behind during the holiday season nomic Growth and Regulatory Paper- SNAPa is an all-volunteer board of di- to fight tirelessly on the front lines, work Reduction Act of 1996 to ensure rectors elected by its membership, saving homes, businesses, and lives. that Federal financial regulators per- which currently stands at more than A few short weeks later, our first re- form a comprehensive review of regula- 2,300 individuals. As chairman of the sponders were called back into action tions to identify outdated or otherwise Agriculture Subcommittee on Nutri- when heavy rains brought debris flows unnecessary regulatory requirements tion and a senior member on the House that tragically claimed the lives of 23 imposed on covered persons, and for Committee on Education and the people in Montecito. As residents were other purposes, and ask for its imme- Workforce, I know the essential serv- evacuating, these brave firefighters ran diate consideration in the House. ices that SNAPa works to provide. Stu- towards the disaster without a second The Clerk read the title of the bill. dents throughout the Commonwealth thought, pulling people out of the mud The SPEAKER pro tempore (Mr. receive high-quality, low-cost meals and debris for days afterward. ARRINGTON). Pursuant to House Resolu- thanks to SNAPa. I would like to thank all our first re- tion 747, an amendment in the nature Mr. Speaker, it is important to re- sponders who so bravely answered the of a substitute consisting of the text of member that, for some students, the call of duty in these difficult condi- Rules Committee Print 115–61, modified only meal they may receive may be at tions. by the amendment printed in part B of school. This organization works to Mr. Speaker, with us here today are House Report 115–582, is adopted, and keep our children healthy and ensure firefighters from IAFF Local 2046, CAL the bill, as amended, is considered that they have healthy food options FIRE Local 2881, and the Ventura read. through the school meal programs. County Professional Firefighters Asso- The text of the bill, as amended, is as I look forward to speaking with Trav- ciation, and the California Professional follows: is Folmar, a food services director from Firefighters. H.R. 4607 State College. I sincerely thank SNAPa I thank them all for their unparal- Be it enacted by the Senate and House of Rep- for advancing the availability, quality, leled level of service to keep our loved resentatives of the United States of America in and acceptance of school nutrition pro- ones on the central coast safe. Congress assembled, grams as an essential part of education Thank you for your service. SECTION 1. SHORT TITLE. in Pennsylvania for more than 60 f This Act may be cited as the ‘‘Comprehensive years. Regulatory Review Act’’. A MESSAGE TO THE MILITARY RE- f SEC. 2. AMENDMENTS TO DEFINITIONS OF THE TIREES OF ALABAMA’S SECOND ECONOMIC GROWTH AND REGU- SUPPORTING THE COMPREHEN- DISTRICT LATORY PAPERWORK REDUCTION SIVE REGULATORY REVIEW ACT ACT. (Mrs. ROBY asked and was given per- Section 2001(c) of the Economic Growth and (Mr. ARRINGTON asked and was mission to address the House for 1 Regulatory Paperwork Reduction Act of 1996 (12 given permission to address the House minute and to revise and extend her re- U.S.C. 252 note) is amended by adding at the for 1 minute.) marks.) end the following new paragraphs:

VerDate Sep 11 2014 02:23 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4634 Sfmt 6333 E:\CR\FM\K06MR7.015 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1383 ‘‘(8) COVERED PERSON.—The term ‘covered The SPEAKER pro tempore. The bill overly burdensome, duplicative, or out- person’ has the meaning given such term in sec- shall be debatable for 1 hour equally di- dated, while maintaining our safety tion 1002 of the Consumer Financial Protection vided and controlled by the chair and and soundness standards. And, again, Act of 2010 (12 U.S.C. 5481). ranking minority member of the Com- Mr. Speaker, all this is is a review. It ‘‘(9) FEDERAL FINANCIAL REGULATOR.—The term ‘Federal financial regulator’ means the Of- mittee on Financial Services. ensures a review. fice of the Comptroller of the Currency, the Fed- The gentleman from Texas (Mr. HEN- Additionally, H.R. 4607 will require eral Deposit Insurance Corporation, the Board SARLING) and the gentlewoman from that these agencies meet every 7 years of Governors of the Federal Reserve System, the California (Ms. MAXINE WATERS) each for a comprehensive regulatory evalua- Bureau of Consumer Financial Protection, and will control 30 minutes. tion, as opposed to the current 10-year the National Credit Union Administration The Chair recognizes the gentleman standard. This is especially important. Board.’’. from Texas. I salute the gentleman from Georgia SEC. 3. ENSURING A COMPREHENSIVE REGU- GENERAL LEAVE for his leadership, because we have LATORY REVIEW. seen our financial sector of the econ- (a) IN GENERAL.—Subsection (a) of section Mr. HENSARLING. Mr. Speaker, I ask unanimous consent that all Mem- omy suffer under the weight, the load, 2222 of the Economic Growth and Regulatory the burden of regulation, particularly Paperwork Reduction Act of 1996 (12 U.S.C. bers may have 5 legislative days in because six of the seven heaviest regu- 3311(a)) is amended— which to revise and extend their re- latory years occurred under the last (1) by striking ‘‘10 years’’ and inserting ‘‘7 marks and to submit extraneous mate- administration; so we need a more years’’; rial on the bill under consideration. thorough review of these regulations. (2) by striking ‘‘each appropriate’’ and all The SPEAKER pro tempore. Is there that follows through ‘‘review’’ and inserting And requiring our Federal agencies to objection to the request of the gen- ‘‘the Federal financial regulators shall each simply review their actions in a trans- tleman from Texas? conduct a comprehensive review’’; parent manner on a more frequent (3) by striking ‘‘such appropriate Federal There was no objection. Mr. HENSARLING. Mr. Speaker, I basis, it is simple; it is fair; it is banking agency’’ and inserting ‘‘such Federal straightforward; it is wise. financial regulator, jointly or otherwise,’’; and yield myself such time as I may con- Mr. Speaker, a healthy financial sys- (4) by inserting ‘‘or covered persons’’ after sume. tem that provides equal opportunity to ‘‘insured depository institutions’’. Mr. Speaker, before proceeding to the all Americans to achieve financial (b) CONFORMING AMENDMENTS.—Such section bill before us in the House, not unlike independence can only exist if we have is amended— yourself, I am a proud Texan—in my (1) in subsections (b), (c), (d), and (e), by smart regulation. And the explosive striking ‘‘the appropriate Federal banking agen- case, a fifth-generation Texan. growth of regulation, following the en- cy’’ each place that term appears and inserting In listening very carefully to the gen- actment of Dodd-Frank, has made it ‘‘the appropriate Federal financial regulator’’; tleman from Texas, Judge POE, I do significantly harder for our community and wish to remind all my colleagues that banks and credit unions to serve their (2) in subsection (e)(1), by striking ‘‘the ap- it was this day in 1836 that brave men customers and members. propriate Federal banking agencies’’ and insert- in Texas took on the minions of tyr- ing ‘‘the appropriate Federal financial regu- And, in fact, the complexity and cost anny at the Alamo. And although they of this regulatory burden has forced lator’’. lost that battle, they inspired their na- SEC. 4. CONSIDERATIONS FOR COMPREHENSIVE many of them out of business or has REGULATORY REVIEW. tion at the time, Texas, that would forced them to cut back services to Section 2222 of the Economic Growth and Reg- later become part of our Nation. So, on their customers and members, and it is ulatory Paperwork Reduction Act of 1996 (12 this day that is special to all Texans, it one of the reasons why, on average, we U.S.C. 3311), as amended by section 3, is further should be special to all Americans. continue to lose one community bank amended— We remember the cradle of liberty. or credit union a day, or every other (1) in subsection (c), by striking ‘‘10 years’’ Remember the Alamo. God bless Texas. day, in America. This should not be and inserting ‘‘7 years’’; and (2) in subsection (d)— b 1230 happening. Ultimately, Mr. Speaker, it is not the (A) in paragraph (1), by striking ‘‘and’’ at the Mr. Speaker, otherwise, I rise also, end; banks and credit unions we are so con- today, in support of H.R. 4607, which is cerned about. It is their customers. It (B) in paragraph (2), by striking the period at a very important piece of legislation the end and inserting ‘‘; and’’; and is customers like Missouri mom, (C) by adding at the end the following new brought to us by a very hardworking Michele, who explained to us how frus- paragraph: member of the Financial Services Com- trating it has been for her 20-year-old ‘‘(3) tailor other regulations related to covered mittee, the gentleman from Georgia daughter, with a full-time job, to get a persons in a manner that limits the regulatory (Mr. LOUDERMILK). loan to buy her first car. And, again, compliance impact, cost, liability risk, and other It is a bill that helps address the bur- her daughter has a first-time job. And burdens, unless otherwise determined by the den of unnecessary, duplicative, and Council or the appropriate Federal financial as Michele explained to us: ‘‘It’s a outdated regulations that too often catch-22. You need credit to get credit, regulator.’’. have imposed cost on our community SEC. 5. REVIEWS CONDUCTED BY THE BUREAU. but no one will give you the credit to financial institutions that ultimately begin with. I would like to see our Section 2222 of the Economic Growth and Reg- make credit more expensive and less ulatory Paperwork Reduction Act of 1996 (12 young adults be able to build the credit U.S.C. 3311), as amended by section 4, is further available to our constituents. It passed they need so they can have a decent fu- amended by adding at the end the following out of our committee with a very ture.’’ new subsection: strong bipartisan vote of 38–17, and I Mr. Speaker, it is for people like ‘‘(f) REVIEWS CONDUCTED BY THE BUREAU.— congratulate him for his bill. Michele and her daughter that we need The Bureau of Consumer Financial Protection Specifically, Mr. Speaker, this bill this regulatory review. It is why we shall— requires that all of the prudential fi- need the bill from the gentleman from ‘‘(1) use any relevant information from an as- nancial regulators that now include Georgia. These are the people we are sessment conducted under section 1022(d) of the the CFPB and the NCUA, the National Consumer Financial Protection Act of 2010 (12 trying to help. U.S.C. 5512(d)) in conducting the review re- Credit Union Administration—it en- Like Anne in Wisconsin, who was quired under subsection (a); and sures that all of our financial regu- trying to get a loan to remodel her at- ‘‘(2) conduct such review in accordance with lators, not just some, but all, will par- tached garage when her son was born, the purposes and objectives described in sub- ticipate in the Economic Growth and and she said: ‘‘My husband and I have sections (a) and (b) of section 1021 of such Act Regulatory Paperwork Reduction Act, very high credit scores, and we have (12 U.S.C. 5511).’’. known as EGRPRA, a law that dates equity in our home, but because my SEC. 6. REDUCTION OF SURPLUS FUNDS OF FED- back to the Clinton era, and this en- husband has a seasonal job and finds ERAL RESERVE BANKS. sures that our agencies review all rules other employment in the winter, the (a) IN GENERAL.—Section 7(a)(3)(A) of the that are prescribed by themselves that many banks we contacted rejected our Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is amended by striking ‘‘$7,500,000,000’’ and insert- impact our insured financial institu- loan request. They base that on our an- ing ‘‘$7,495,714,285’’. tions. nual income only on the job he was (b) EFFECTIVE DATE.—Subsection (a) shall The purpose of this review, again, is currently in and said it was part of the take effect on May 1, 2018. to reduce regulation that is proven new regulation.’’

VerDate Sep 11 2014 02:23 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.002 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1384 CONGRESSIONAL RECORD — HOUSE March 6, 2018 Well, of course it is, Mr. Speaker. thoughtful recommendations to im- Consumer Bureau should be making That is why they need to be reviewed. prove rules. Many of these would pro- sure that its rules are appropriately It is people like Anne in Wisconsin we vide relief for community banks and protecting consumers and the interests need to help. credit unions but in a way that also of the public, not the big financial cor- Or Dan, a Navy veteran from Illinois, maintains safeguards for consumers porations. who actually had to close down—close and protects the interests of the public In addition, the Consumer Bureau is down the small auto finance company and the broader economy. already subject to unique account- he started with his wife 25 years ago, Unfortunately, H.R. 4607, this bill, ability and oversight measures that and he had to close it down because of would make three major mistakes in the other financial regulators are not. new Federal regulation. He explains: changing the current review process. These special checks and balances in- ‘‘Large companies can afford a separate First, this bill actually requires regu- clude the requirement that the Con- legal department to deal with these lators to change regulations so that sumer Bureau have small business re- issues and the myriad of new regula- they are less costly and burdensome for view panels as a part of its rulemaking tions. A small business like ours can- ‘‘covered persons.’’ process and the ability of the Financial not. We had to make a decision. It was Well, who are these covered persons? Stability Oversight Council, that is, just not worth the risk to continue op- Are they the millions of consumers FSOC, to repeal any of its final rules. erations in this antibusiness environ- who were harmed by Wells Fargo’s And the Consumer Bureau is already ment.’’ scheme to open fraudulent accounts required to review all of the significant So, Mr. Speaker, it is people like without their knowledge? Were they? rules within 5 years of the time they go Michele, it is people like Anne, it is No. into effect, but in a balanced—bal- people like Dan who deserve the oppor- Are they the many consumers who anced—manner. tunity to have credit for their homes, learned just a few days ago that The third problem with H.R. 4607 is their autos, their small businesses, and Citigroup violated the law by charging that it would make it harder for the so we must ensure that all of our Fed- them too much interest on their credit regulators to do their jobs. The bill eral regulators—all of our Federal fi- cards? No, no. would require a comprehensive review nancial regulators take a thorough Are these covered persons in this bill of all banking and consumer protection comprehensive review of their regu- the Latino or African-American fami- regulations once every 7 years instead latory burden so that we can continue lies who were discriminated against by of every decade. If regulators take to support the people who need credit. JPMorgan Chase, Bank of America, these reviews as seriously as their pre- H.R. 4607, again, has garnered strong and so many other banks steering them vious reviews, as I believe they would, bipartisan support. It is practical; it is into more costly mortgages when they then that would mean they would be common sense; and I urge all of my col- qualified for more affordable loans? No, tied up spending nearly half of each 7- leagues to adopt it. not at all. year cycle doing regulatory reviews in- Mr. Speaker, I reserve the balance of Are they—the ones who are being stead of supervising their regulated en- my time. protected—are they seniors or service- tities and enforcing the law. Ms. MAXINE WATERS of California. members who fall prey to payday lend- This bill would impose an unbalanced Mr. Speaker, I yield myself such time ers that trap them in a cycle of debt? review process on regulators that fa- as I may consume. No. vors industries’ wishes—favors indus- Mr. Speaker, I rise in opposition to Are they college graduates who are tries’ wishes over consumers and the H.R. 4607, the so-called Comprehensive harassed by debt collectors for their economy. The methodology in this bill Regulatory Review Act. So instead of student loan debt? No. promotes deregulation. That is what advancing legislation that improves Under this bill, Mr. Speaker, covered this is all about. This is a bill about de- our financial regulatory framework, persons are defined as ‘‘any person that regulation instead of creating a robust process to identify gaps or deficiencies the Republican majority is pushing yet engages in offering or providing a con- in oversight that harm consumers, un- another bill that is a giveaway to Wall sumer financial product or service; and dermine the safety and soundness of Street and predatory lenders. any affiliate of’’—such—‘‘person . . . if Let’s be clear. This bill is intended to such affiliate acts as a service provider our financial system, or jeopardize the dismantle rules considered inconven- to such person.’’ You know what that country’s financial stability. So I cannot support a bill that forces ient by the financial services industry. means? You know who these so-called the Consumer Bureau to weaken rules If this bill were enacted, financial serv- covered persons in this bill are who for Wall Street and payday lenders. I ices regulators would be forced to they are talking about? That means am talking about the Consumer Finan- spend more time and resources on Wells Fargo, JPMorgan Chase, cial Protection Bureau. I urge my col- backward-looking reviews and deregu- Citigroup, Bank of America, payday leagues to oppose H.R. 4607. lating the financial services industry lenders, mortgage brokers, debt collec- Mr. Speaker, I reserve the balance of rather than strengthening protections tors, and thousands of other financial my time. for consumers and the economy. companies. Allow me to explain. The Economic All of these companies would get b 1245 Growth and Regulatory Paperwork Re- easier rules that limit their costs and Mr. HENSARLING. Mr. Speaker, I duction Act, or EGRPRA, currently re- burdens without appropriately consid- yield 5 minutes to the gentleman from quires the Federal Reserve, the FDIC, ering the impact they are going to Georgia (Mr. LOUDERMILK), a very hard- and the OCC to conduct a review of the have on their customers. And this bill working member of the Financial Serv- regulations that they have issued in does nothing, absolutely nothing, to ices Committee and the author of H.R. order to identify outdated or otherwise strengthen protections for consumers 4607. unnecessary regulatory requirements where there might be deficiencies or Mr. LOUDERMILK. Mr. Speaker, I imposed on insured depository institu- gaps in our regulatory framework. want to thank my colleague from the tions. Second, unlike the other banking Republic of Texas, Chairman HEN- The banking regulators conduct this regulators, which are tasked with en- SARLING, for giving me this time to review every 10 years, but until now, suring the safety and soundness of the move away some of the hyperbole that this review has been a relatively bal- financial services sector, the Consumer you may hear today and speak about anced, careful assessment that the Bureau’s unique mission is the protec- the truth of what this really simple banking regulators have done twice in tion of consumers and of ensuring that and commonsense measure really does. the last two decades, and the regu- the consumer marketplace operates in Mr. Speaker, the Comprehensive Reg- lators have taken this process seri- a fair, transparent, and competitive ulatory Review Act is a bill that I in- ously. manner. troduced simply to reduce the burden The last review took about 3 years to Although it may make sense for the that outdated and unnecessary Federal complete. It involved field hearings banking agencies to periodically re- regulations place on our small banks and public engagement. The final re- view their prudential rules, with a and lending institutions across the view included many balanced and focus on their regulated entities, the landscape of America.

VerDate Sep 11 2014 02:23 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.019 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1385 I would like to start by thanking Dodd-Frank requires the CFPB to re- Regulatory Paperwork Reduction Act, some of my colleagues on both sides of view its regulations every 5 years after I see that their mission is to conduct a the aisle who have worked tirelessly to they are enacted, but this leaves out review of their regulations to identify make this a strong, bipartisan piece of rules which are considered nonsignifi- outdated or otherwise unnecessary reg- legislation. I appreciate the gentleman cant. It also excludes rules that were ulatory requirements imposed on in- from New Jersey (Mr. GOTTHEIMER) for adopted before the CFPB was created. sured depository institutions. negotiating reasonable changes to this Also, the CFBP’s regulatory reviews This deregulatory bill that we have bill and for being an original cospon- are under a single, 5-year look-back pe- before us goes a lot further. As I said, sor. I also appreciate Mr. DUFFY and riod. it is about deregulation, and it is about Ms. SINEMA and the others who have We must ensure that each regulatory reducing cost and liability risk. This reached across the aisle to cosponsor agency is comprehensively reviewing does not benefit our consumers at all. this important piece of legislation. its rules, and on a regular basis. Again, what we would do in the pas- To fully understand this bill, Mr. This bill is not duplicative because it sage of this bill is simply open up op- Speaker, we have to go back to 1996, requires CFPB to use its findings from portunities for the big banks and finan- when Congress gave the financial regu- its existing regulatory reviews in its cial institutions to get rid of the kind latory agencies a useful tool by passing EGRPRA reports so the CFPB does not of oversight, the kind of laws that we the Economic Growth and Regulatory waste time on rules it has already re- have worked so hard for because it is Paperwork Reduction Act, or, as you viewed. And, most importantly, Mr. inconvenient for them or it interferes have heard today, more commonly Speaker, this bill will require the agen- with their bottom line in some way. known as EGRPRA. This law directed cies to tailor rules that they find to be So I do not want our Members to be the Office of the Comptroller of the unnecessary based on the size and risk tricked or fooled to think, number one, Currency, the Federal Reserve, and the profile of the bank or the credit union. this is simply about further getting rid FDIC to review their regulations once Mr. Speaker, I would like to repeat of paperwork or that this is about sup- every 10 years to identify those regula- that last point because it is so impor- porting the small banks. This is about tions that may be outdated, unneces- tant. This bill does not require the new ways by which to deregulate so sary, or overly burdensome. After that, agencies to cut regulations with a that the big banks that are now found the regulators were to send a report to broad brush, as it has been presented so to be defrauding, found to be discrimi- Congress and eliminate any regulations far, nor does it cut regulations on the nating, found to be doing things like they determined were unnecessary. payday lending industry, as some have Wells Fargo has done, this is about de- This law has been somewhat useful, argued. It simply states the rules will regulation that will further enhance and it was a good idea back in 1996 be- be adjusted based on a company’s risk their ability to do the kinds of things cause, after all, who would be opposed if the regulators determine that to be that we claim to be so opposed to and to eliminating rules that even regu- appropriate. that harm our consumers. lators thought were unnecessary? But The bill ensures that if the financial The Consumer Financial Protection too often, EGRPRA has been viewed as regulators—the regulators—determine Bureau that they are now including by merely a check-the-box exercise by the that a regulation is important to con- way of H.R. 4607 should be looked at agencies and the financial sector. sumer protection for safety and sound- very carefully. Now that we have two EGRPRA re- ness, the agency will still have every First of all, my friends on the oppo- ports, a 2007 and a 2017, it is obvious right to leave that regulation com- site side of the aisle hate the Consumer that EGRPRA could have been more ef- pletely intact. Financial Protection Bureau. They fective and produced more useful rec- This bill is not just about elimi- want to get rid of it. They have tried, ommendations to policymakers. In ret- nating unnecessary regulations; it is time and time again, to undermine it rospect, we also realize we need more about good government and cleaning in so many ways. The President has direct action from the regulators to up unnecessary red tape that inevi- sent Mr. Mulvaney over there, who is clean up outdated and unnecessary tably hurts the consumer. supposed to be over at the Office of rules. That is why it is important for Mr. Speaker, the Treasury Secretary Management and Budget, to basically Congress to revisit EGRPRA, as this came to our committee for a hearing destroy it. bill does. last month, and I asked him about this Mr. Speaker, we cannot allow the My bill contains several reforms to very issue. He simply said: Members of Congress to be tricked or the EGRPRA review process that will Rules and regulations need to be con- fooled that somehow this is helpful breathe new life into this law, this tool stantly looked at as markets continually that they are bringing in the Consumer for the regulators, and make sure it is change. Financial Protection Bureau. What not simply a check-the-box exercise. He also said: they want to do is tie the hands of the This bill will require more frequent I’m not sure why the CFPB was exempted Consumer Financial Protection Bureau regulatory reviews by moving the re- from EGRPRA, so I agree with the change. and basically change their mission view cycle from once a decade to once Mr. Speaker, this bill passed out of from protection for consumers to de- every 7 years. It will expand EGRPRA committee with a strong bipartisan regulation for the biggest banks in to include all regulated financial insti- vote of more than two-thirds of the America. tutions instead of only depository-in- committee members, and I urge my Why do we have the Consumer Finan- sured institutions. It will codify the colleagues to join us in support of this cial Protection Bureau? That is the National Credit Union Administration bill. centerpiece of the Dodd-Frank reform into EGRPRA, since the agency par- Ms. MAXINE WATERS of California. legislation that we worked so hard on. ticipated in the latest review volun- Mr. Speaker, I yield myself such time Are we forgetting about what hap- tarily. as I may consume. pened in 2008? The bill will also add the controver- Mr. Speaker, I knew that my friends Are with forgetting about the reces- sial Consumer Finance Protection Bu- on the opposite side of the aisle would sion that was caused by the big banks reau, CFPB, to the EGRPRA review basically refer to small banks. who had been involved with all of these process. This provision is especially This is what is normally done when exotic products and ways by which important because, before Dodd-Frank, we see deregulatory efforts being made. they were enticing would-be home- consumer financial laws were imple- They talk about how they are trying to owners to try and get mortgages? mented by the three banking agencies; help small and community banks, and We can’t forget about all of that. We but when Dodd-Frank was enacted, the they fail to talk about the major finan- have to know that not only did we have CFPB was given the responsibility for cial institutions that I have talked a recession, we were headed for a de- enforcing consumer financial laws. about in my presentation that are the pression. Dodd-Frank reform has gone Since the CFPB is exempt from beneficiaries, also, of this deregulatory a long way toward eliminating some of EGRPRA, these laws and regulations effort that is being put forth. the bad practices that were in place are no longer being comprehensively When I take a look at the existing that got us into that situation in the reviewed. law now and the Economic Growth and first place.

VerDate Sep 11 2014 02:23 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.021 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1386 CONGRESSIONAL RECORD — HOUSE March 6, 2018 Now, little by little, my friends on chairman of the Financial Services that institutions can appropriately the opposite side of the aisle keep try- Subcommittee on Oversight and Inves- navigate the compliance landscape. ing to creep in with new ways that tigations. Mr. Speaker, by requiring regulators they can support these big banks and Mr. TIPTON. Mr. Speaker, I thank to more frequently review and tailor financial institutions and deregulate the chairman for this time to be able regulations, this bill will help put Main and let them get in the position again to speak to an important piece of legis- Street back on the path to prosperity where they are tricking our consumers, lation. and help to end the tale of two econo- where they are coming up with these In my home State of Colorado, we mies in Colorado and throughout the exotic products that caused our con- have a tale of two economies. The Nation. Making these adjustments will sumers to eventually get into fore- urban areas have realized economic re- help community banks and credit closure, and that would allow the big covery since 2008, while the more rural unions once again be able to meet the banks again, like Wells Fargo, to come communities have been slower to find needs of their neighbors and encourage up with all of these tricks that they sustained economic growth. Essential our businesses to be able to grow. use in order to enhance their bottom to these areas and their ability to be Mr. Speaker, I urge my colleagues to line. I think we are smarter than this, able to recover, a topic that I speak support this legislation. and I don’t think that we are going to frequently on, is access to credit. Ms. MAXINE WATERS of California. go for this legislation that is just an- As Treasury’s report to the President Mr. Speaker, I reserve the balance of other way to open the doors to deregu- in June of 2017 notes: Regulations on my time. Mr. HENSARLING. Mr. Speaker, I late. capital, liquidity, and leverage require- yield 3 minutes to the gentleman from Mr. Speaker, I reserve the balance of ments, as well as regulatory param- Minnesota (Mr. EMMER), who is yet an- my time. eters that guide loan underwriting, other hardworking member of the Mr. HENSARLING. Mr. Speaker, I have undermined the ability of finan- House Financial Services Committee. yield 2 minutes to the gentleman from cial institutions to deliver attractively Mr. EMMER. Mr. Speaker, the House Ohio (Mr. CHABOT), who is the chair- priced credit in sufficient quantity to Financial Services Committee has been man of the Small Business Committee. meet the needs of the economy. working hard for consumers, local Mr. CHABOT. Mr. Speaker, I rise in b 1300 banks, credit unions, and American en- support of H.R. 4607, the Comprehen- In other words, our community fi- trepreneurs during the 115th Congress. sive Regulatory Review Act. Today, we continue our work with H.R. I want to thank Chairman HEN- nancial institutions have lost access to 4607, the Comprehensive Regulatory SARLING and the entire Financial Serv- the tools that they need to be able to Review Act. ices Committee for their continued help their communities recover as they have struggled to comply with regula- Introduced by my colleague from critical work on financial regulations. Georgia, Representative BARRY As chairman of the House Small tions intended for the largest institu- LOUDERMILK, this bill brings account- tions. Mr. Speaker, it is our local com- Business Committee, I consistently ability and modernization to the cur- munities, our small businesses, our hear from Main Street businesses, rent regulatory review process for first-time home buyers, and our work- small businesses from all over the banks, credit unions, and financial in- ing families who suffer the con- country, that overregulation is pre- stitutions across the country. venting business expansion and job sequences from these regulations. Currently, the regulatory audit con- growth. Mr. Speaker, let me give you one ex- ducted by our Federal financial regu- Just last week, I chaired a hearing on ample of what unbridled regulation lators happens just once every decade, a recent report by the nonpartisan does and how it impacts families trying and the Consumer Financial Protection Government Accountability Office that to be able to live that American Bureau and the National Credit Union explored whether financial regulations Dream. Administration are not technically a were adversely impacting community I have an example of a credit union part of that review. banks and credit unions. One of the in my home State of Colorado that had It has been 21 years since we evalu- major takeaways from that report was to stop offering home equity lines of ated possible changes to this anti- that we need to improve the tools credit to its members because the cost quated and inefficient system. That is available to financial regulators to re- of keeping the forms in compliance why we need Representative duce those burdens. with Federal regulation exceeded the LOUDERMILK’s Comprehensive Regu- Because small businesses most often income generated by the program. In latory Review Act to ensure the regu- rely on conventional bank borrowing other words, regulation priced this lations we have in place are working to to finance their development, any addi- credit union out of a critical market do what they are supposed to do: pro- tional red tape that reduces access to and at a time when the rural environ- tect consumers. capital can be a monumental problem ment the credit union serves needed ac- This legislation is made even more for the Nation’s smallest firms. The cess to credit most. urgent given that unchecked and ineffi- bill that we have before us today, Fortunately, Mr. LOUDERMILK’s legis- cient regulations are working against which would reform the Economic lation being considered here today will the very consumers our regulatory re- Growth and Regulatory Paperwork Re- take important steps to require regu- gime was designed to help. Take, for duction Act of 1996, is a move in the lators to consider the institution’s size example, the fact that the United right direction. and risk profile as they evaluate the States lost nearly 12,000 of its federally Making sure all financial regulators necessity and effectiveness of regu- insured banks between 1984 and 2016, have a comprehensive process in place latory rulemaking under the self-re- making it harder for small business en- to review regulations will strengthen view mandated to them by the Eco- trepreneurs and families to access the our financial sector and make it more nomic Growth and Regulatory Paper- credit and capital they need to create possible for America’s small businesses work Reduction Act. Importantly, Mr. new opportunities and grow. to have access to the capital that they LOUDERMILK’s legislation will also ex- These banks struggled under the need to grow and expand and create pand the EGRPRA process to the Con- weight of new regulations, either to more jobs for more Americans. Mr. sumer Financial Protection Bureau disappear completely or to be swal- Speaker, I therefore urge my col- and the National Credit Union Admin- lowed up by the big banks that are able leagues to support the commonsense istration, encouraging the tailoring of to absorb the heavy cost of compliance. reforms that are in H.R. 4607, and I regulations across the regulatory spec- For those banks that are able to sur- urge them to support this legislation. trum. vive, significant tradeoffs are required. Ms. MAXINE WATERS of California. This legislation takes steps to en- In Rockford, Minnesota, for instance, Mr. Speaker, I reserve the balance of courage regulators to allow small insti- instead of adding another lender to my time. tutions adequate leeway to exercise their team, one small community bank Mr. HENSARLING. Mr. Speaker, I reasonably constructed consumer lend- needed to hire a full-time compliance yield 3 minutes to the gentleman from ing regimes to make sure consumers officer simply to keep up with the reg- Colorado (Mr. TIPTON), who is vice have the broadest array of choices and ulatory onslaught from Washington.

VerDate Sep 11 2014 02:23 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.022 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1387 That same bank is spending over and our economy. This bipartisan regu- Harmonization is the goal of this bill, $100,000 each year on compliance costs latory relief bill does just that. It up- and that should not be partisan or even instead of using that money in ways dates and expands regulators’ manda- controversial. We simply want less peo- that would benefit the local commu- tory review of financial institutions ple buried in paperwork and more peo- nity. while protecting consumers. It also re- ple starting businesses through their Minnesota’s credit unions have also quires the review be performed every 7 local financial institution. been hit hard by unchecked and out- years rather than every 10. This bill is supported by folks across dated regulation. One study found that The SPEAKER pro tempore. The the political spectrum, and I am ex- credit unions in my State of Minnesota time of the gentleman has expired. cited about the good it will do for our have incurred $102 million in costs di- Mr. HENSARLING. Mr. Speaker, I financial institutions back home and rectly related to the increased regula- yield the gentleman from New Jersey consumers in my district. tions created by the Dodd-Frank Act. an additional 30 seconds. I want to again thank Mr. Worse still, one in every four Min- Mr. GOTTHEIMER: It requires regu- LOUDERMILK for introducing this im- nesota credit union employees spends lators to consider tailoring regulations portant piece of legislation that will their time solely on regulatory compli- when appropriate. In short, the Com- ensure our financial system is func- ance. prehensive Regulatory Review Act will tioning efficiently for hardworking Mr. Speaker, we have a duty to stand cut bureaucratic red tape and help our Americans. up for these struggling financial insti- economy thrive without putting con- Ms. MAXINE WATERS of California. tutions and, more importantly, the sumers at risk. Mr. Speaker, I continue to reserve the consumers whose communities are There should be nothing partisan balance of my time. hurting without them. We can do that about helping entrepreneurs and busi- Mr. HENSARLING. Mr. Speaker, I today. nesses of all sizes grow, create jobs, yield 3 minutes to the gentleman from Representative LOUDERMILK’s legisla- and expand the economy. With this Missouri (Mr. LUETKEMEYER), who is a tion sailed through committee in Janu- measure, Democrats and Republicans real leader on our committee for com- ary receiving support from both sides join together to ensure outdated, un- monsense regulation and the chairman of the aisle because Republicans and necessary, and burdensome regulations of our Financial Services Sub- Democrats know that H.R. 4607 takes are eliminated or reformed to better fit committee on Financial Institutions necessary and important steps to ease the needs of individual financial insti- and Consumer Credit. the regulatory burdens which challenge tutions, which ultimately saves Ameri- Mr. LUETKEMEYER. Mr. Speaker, I community financial institutions in cans money, helps consumers and fami- thank Chairman HENSARLING for all his each and every congressional district. lies grow—and businesses, too—and it great work and leadership on our Fi- I appreciate the hard work of the protects, always, American consumers. nancial Services Committee and also bill’s sponsor and the chairman of the Ms. MAXINE WATERS of California. thank the gentleman from Georgia committee to bring this legislation to I continue to reserve the balance of my (Mr. LOUDERMILK) for crafting a com- the floor today, and I urge my col- time, Mr. Speaker. monsense, bipartisan bill that requires leagues to vote ‘‘yes’’ on the Com- Mr. HENSARLING. Mr. Speaker, I the Federal financial regulators and prehensive Regulatory Review Act. yield 3 minutes to the gentleman from the Consumer Financial Protection Bu- Ms. MAXINE WATERS of California. North Carolina (Mr. BUDD). reau to conduct a comprehensive re- Mr. Speaker, I continue to reserve the Mr. BUDD. Mr. Speaker, I thank my view of all the regulations promulgated balance of my time. friend from Georgia for leading on this with the intent of identifying those Mr. HENSARLING. Mr. Speaker, I issue. that are outdated or duplicative. yield 1 minute to the gentleman from I rise today in strong support of his Across the Nation, financial compa- New Jersey (Mr. GOTTHEIMER), who is a bipartisan bill, the Comprehensive nies continue to suffer as a result of Democratic member of the Financial Regulatory Review Act. the burdensome regulations. What my Services Committee. It strikes me as common sense that friends on the other side of the aisle Mr. GOTTHEIMER. Mr. Speaker, I Federal regulators should review their don’t always recognize is the impact first want to thank Congressman regulations and rules on a consistent that has on the ability of those compa- LOUDERMILK for working together on basis. They should also seek comment nies to serve their customers. the Comprehensive Regulatory Review from the people whom these rules actu- Take cybersecurity as an example. Act. Congressman LOUDERMILK has ally affect. Mr. LOUDERMILK’s bill helps Financial firms of all sizes are forced been a true partner who has been tire- accomplish this goal by requiring the to adhere to an overlapping regulatory less in pursuing smart regulatory re- CFPB and National Credit Union Ad- regime that is focused on fighting yes- form policies and in finding solutions ministration do so every 7 years. terday’s war. for the people he serves. We both want Mr. Speaker, since the implementa- I spoke with a major bank just last to get something done for the people tion of Dodd-Frank, community banks week that has cybersecurity examina- we represent. and credit unions have had a more dif- tions from the Federal Reserve, the I also want to thank Congresswoman ficult time serving their customers. Comptroller of the Currency, the FDIC, SINEMA for her help and support in The red tape and additional burden the Treasury Department, and multiple leading this legislation. brought on by Dodd-Frank has in- State banking agencies; and that I urge my colleagues on both sides of creased costs for the consumer and re- doesn’t include the foreign entities the aisle to support the bipartisan duced their choices in the market for that regulate the international busi- Comprehensive Regulatory Review Act. financial products. nesses of this bank. Each agency has a America’s economic engine has been One agency in particular that is slightly different exam process and re- under pressure for some time now from guilty for this additional burden is the quires slightly different information. unnecessarily burdensome and out- CFPB, which has finalized over 60 rules This type of regime doesn’t protect dated regulations building up on the since their creation. Many of their companies from cybersecurity threats. books of our regulators. It costs us in rules are duplicative and unnecessary. The lack of coordination means this in- economic growth. And while there are I think, at the very least, they should stitution spends more time reacting to clear times where smart guardrails are review and study how their regulations the regulators than it does protecting necessary, there are others when it ac- are affecting real folks in the real its customers. tually holds back smart growth for our world. Or look at the antiquated regime sur- country and for our families. I hear from financial institutions rounding examination and enforcement We need a smarter, more efficient back home how the CFPB has done of the Bank Secrecy Act and anti- government. It is time to relieve these nothing but harm their community money laundering laws. What was unnecessary burdens and spur business bank or their credit union. They are originally intended to be a reasonable job growth and access to credit in New being overwhelmed by the volume and process that fostered collaboration be- Jersey’s Fifth District and across the complexity of regulations, and that is tween financial institutions and law country while protecting consumers just not okay. enforcement to root out bad actors and

VerDate Sep 11 2014 02:23 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.024 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1388 CONGRESSIONAL RECORD — HOUSE March 6, 2018 illicit financing has become so onerous regulators to loosen their rules to ben- making process to repropose a rule, to that banks are choosing to drop cus- efit bad actors on Wall Street. The bill get public comment. So, again, in and tomers or close entire books of busi- doesn’t even allow regulators to con- of itself, it changes no rules. I almost nesses just to avoid compliance bur- sider how to improve safeguards to bet- want to ask my friend on the other side dens. Processes like these do very little ter protect consumers. of the aisle: What is she scared of? to help consumers or the integrity of It is absurd that we are here today What is so wrong with simply looking the financial system. discussing yet another bill that leads at the rules that have been promul- Every time I speak to a bank or cred- to massive deregulation and seeks to gated to see if they are actually work- it union in Missouri, I ask what one tip the scales in favor of the financial ing? Are they helping our constituents? rule or regulation they find to be the industry. The interests of the public Are they making economic opportunity most burdensome or they would like to are what we should be focused on. more available for all? see changed. The answer is always the This bill is yet another piece of the What is so odd is, the original same: It isn’t just one. It is the weight harmful and reckless Republican agen- EGRPRA legislation that dates back to of all the rules combined that is re- da. Only a few months ago, Repub- the Clinton era was overwhelmingly stricting credit and the availability of licans jammed their tax scam legisla- supported on both sides of the aisle. financial services in our communities. tion through this Chamber. They added So what the gentleman from Georgia We have to make a change, Mr. $1.8 trillion to the Federal debt in is doing in H.R. 4607 is simply saying Speaker. Mr. LOUDERMILK’s legislation order to line the pockets of Wall Street all financial regulators, including the would institute a more thoughtful ap- and other megacorporations with bil- National Credit Union Administration proach to regulations that will not lions in tax cuts, leaving families on and the Consumer Financial Protection only offer regulatory relief, but also Main Street and generations of their Bureau, which really didn’t even exist foster a more responsible and stable fi- children just to pick up the tab. Demo- in the Clinton era, ought to do the nancial marketplace. crats rejected that terrible piece of leg- same thing. They are saying, instead of As the gentleman from Georgia has islation and should now reject H.R. 4607 doing it every 10 years, let’s do it every said in the past, this bill isn’t just as well. 7 years. Just take a look and report. about regulatory relief; it is about Americans for Financial Reform, a That is all it is. good government. This should not be a coalition of more than 200 consumer It is a self-reporting requirement, partisan exercise. I hope every Member civil rights, investor, retiree, commu- which I think, Mr. Speaker, is why this of this body stands for responsible gov- nity, labor, faith-based, and business has already been supported overwhelm- ernment and joins me in supporting groups said that H.R. 4607, ‘‘contains ingly on a bipartisan basis in the House H.R. 4607 today. no consideration of the public benefits Financial Services Committee. Mr. HENSARLING. Mr. Speaker, I that are the justification for creating So with all of the various scare tac- have no further speakers, and I am pre- the regulations in the first place, and tics and horror stories that we have pared to close. which regulators should be seeking to heard from the other side of the aisle Ms. MAXINE WATERS of California. preserve. Any mandate to tailor regu- on a mere reporting requirement, Mr. Speaker, I yield myself the balance lations must include consideration of again, I ask, Mr. Speaker: What are of my time. public benefits, rather than being a they scared of? Mr. Speaker, before I proceed with one-sided directive to reduce business What we are ultimately trying to do my closing, I would just like to make a costs.’’ I agree. here is make sure that the regulatory few comments about some of the infor- For Members who are concerned with burden is not such that it harms the mation that was shared with us by maintaining strong protections, I very people I spoke about earlier in my Members on the opposite side of the would highlight that Trump’s OMB Di- opening comments: that it doesn’t hurt aisle. I want to remind them that these rector, Mick Mulvaney, has been ille- Dan, a Navy veteran from Illinois who, poor little banks that you are talking gally installed as Acting Director of because of the regulatory burden, was about, which include all of the big the Consumer Financial Protection Bu- forced to shut down his small business; banks in America, made record profits reau and is working every day to dial that it doesn’t hurt Anne in Wisconsin, in 2016—more than $170 billion—and back the important work of the Con- who is just trying to get a loan to re- they are going to make billions more sumer Bureau from within. model her garage; that it doesn’t hurt from that tax bill, that tax scam give- Congress should not be giving Mr. Michele and her daughter in Missouri. away to Wall Street. Lending is up 75 Mulvaney, or anyone the President Her daughter was just simply seeking a percent since 2010. eventually appoints and is confirmed car loan to buy her first car. So when my friends on the opposite to serve as the next Director of the These are the people whom we are side of the aisle continue to talk about Consumer Bureau, a green light to gut trying to help. how the banks are suffering, I don’t consumer protections and reduce the And by the way, all banks—small, know who they are talking about. As a Consumer Bureau’s ability to hold bad medium, and large—are lending to matter of fact, the real bipartisanship actors accountable. businesses and to consumers, and we of this committee is about community Mr. Speaker, I urge my colleagues to want them to do that in a robust but banks, and Democrats have led and will oppose H.R. 4607, and I yield back the responsible way. continue to lead on every way and ev- balance of my time. So, from time to time, let’s look at erything that we can do for community Mr. HENSARLING. Mr. Speaker, I the regulations and ensure that they banks. yield myself the balance of my time. are still helping us achieve equal finan- Mr. Speaker, I listened very carefully cial opportunity for all so that our con- b 1315 to my friend on the other side of the stituents can achieve their share of the Mr. Speaker, I notice that when my aisle. Again, her comments were very American Dream, that they can friends on the opposite side of the aisle heavy on thematics, very heavy on ex- achieve financial independence. come in with deregulation, they frame traneous material. Unfortunately, it This received strong, bipartisan sup- it in such a way that you would think was a little light on the facts of H.R. port, Madam Speaker, in the House Fi- that it is all about community banks, 4607. nancial Services Committee. It ought when, in fact, they always attach any- The text of the bill is 31⁄2 pages long; to receive strong, bipartisan support on thing they do for community banks to so it doesn’t take very long to read. the House floor. the biggest banks in America. But I remind all of my colleagues that Madam Speaker, I urge all Members So, Mr. Speaker, H.R. 4607 dem- this is common sense. In and of itself, to vote for and adopt H.R. 4607, and I onstrates just how much my colleagues this bill changes no rules. All it does is yield back the balance of my time. on the other side of the aisle value the tell our regulators that every 7 years, The SPEAKER pro tempore (Mrs. interests of Wall Street over families why don’t you look at what you have ROBY). All time for debate has expired. and consumers on Main Street. done and publish a report. Pursuant to House Resolution 747, This bill would direct the banking, If you want to change any rule, you the previous question is ordered on the credit union, and consumer protection have to go through the formal rule- bill, as amended.

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.026 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1389 The SPEAKER pro tempore. The Who in the administration gets rich- cluded in this originally and putting it question is on the engrossment and er when our coasts are opened up to oil under the purview of this bill so that third reading of the bill. drilling, when tariffs are levied on there can be a review of the rules and The bill was ordered to be engrossed steel, or when predatory lenders are al- regulations. and read a third time, and was read the lowed to prey on college students? Is there lack of transparency on the third time. President Trump has rejected the other side? MOTION TO RECOMMIT norm that all modern-day Presidents Do we no longer want to be con- Ms. CLARK of Massachusetts. have followed. His refusal to release his cerned about what is going on? Madam Speaker, I have a motion to re- tax returns or to remove himself from Do we no longer want to know that commit at the desk. his family business necessitates codi- the rules and regulations are appro- The SPEAKER pro tempore. Is the fying the norms and practices of pre- priately adjudicated here by these gentlewoman opposed to the bill? vious Presidents into law in this disclo- agencies? I think that is the wrong way to go. Ms. CLARK of Massachusetts. sure. I think that we need to have more Madam Speaker, I am opposed. Congress must do its job and provide transparency. Reducing from 10 years The SPEAKER pro tempore. The a necessary check on a President who down to 7 gives us an opportunity to Clerk will report the motion to recom- has shown contempt for his basic duty have a more constant review of these mit. to put Americans first. All of these The Clerk read as follows: policies affect American families. They things to make sure that the bureau- cratic folks in the executive branch of Ms. CLARK of Massachusetts moves to re- affect the taxes we pay, the air we commit the bill H.R. 4607 to the Committee breathe, and whether our kids can af- the government don’t run away with on Financial Services with instructions to ford to go to college. what should be, in my view, the au- report the same back to the House forthwith We deserve to know if these decisions thority of the Congress. with the following amendment: are being made to enrich a President b 1330 Page 3, line 21, strike ‘‘otherwise deter- and if they are being made at the tax- mined’’ and insert ‘‘such action is at the re- Madam Speaker, I think that the mo- quest of and for the personal gain of the payers’ expense. This simple act of dis- tion to recommit is way out of line President, his or her immediate family mem- closure will allow the American people here, and I don’t think we need to bers, or senior Executive Branch officials to judge for themselves who this ad- waste any more time on it. who are required to file annual financial dis- ministration is really looking out for. Madam Speaker, I ask folks to de- closure forms, or is otherwise determined in- Madam Speaker, I yield back the bal- cline the amendment, and I yield back appropriate’’. ance of my time. the balance of my time. Mr. LEUTKEMEYER. Madam Speak- Mr. LUETKEMEYER. Madam Speak- The SPEAKER pro tempore. Without er, I reserve a point of order on the mo- er, I withdraw my reservation of a objection, the previous question is or- tion to recommit. point of order. dered on the motion to recommit. The SPEAKER pro tempore. A point The SPEAKER pro tempore. The res- There was no objection. of order is reserved. ervation of the point of order is with- The SPEAKER pro tempore. The Pursuant to the rule, the gentle- drawn. question is on the motion to recommit. woman from Massachusetts is recog- Mr. LUETKEMEYER. Madam Speak- The question was taken; and the nized for 5 minutes in support of her er, I claim the time in opposition. Speaker pro tempore announced that motion. The SPEAKER pro tempore. The gen- the noes appeared to have it. Ms. CLARK of Massachusetts. tleman from Missouri is recognized for Ms. CLARK of Massachusetts. Madam Speaker, this is the final 5 minutes. Madam Speaker, on that I demand the amendment to the bill, which will not Mr. LUETKEMEYER. Madam Speak- yeas and nays. kill the bill or send it back to com- er, I appreciate the opportunity to dis- The yeas and nays were ordered. mittee. If adopted, the bill will imme- cuss this matter today. The SPEAKER pro tempore. Pursu- diately proceed to final passage, as It is kind of interesting that we have ant to clause 8 of rule XX, further pro- amended. before us an amendment that basically ceedings on this question will be post- My amendment is a commonsense is something that deals with a finan- poned. measure that protects the American cial services bill, something that deals f people from corruption and conflicts of with a financial services issue, yet we ANNOUNCEMENT BY THE SPEAKER interest. had the EPA and a whole bunch of PRO TEMPORE My amendment simply states that other agencies brought into the discus- The SPEAKER pro tempore. Pursu- before taking any action to eliminate sion here, which has nothing to do with ant to clause 8 of rule XX, the Chair or change a regulation, regulators what we are trying to talk about here will postpone further proceedings must disclose any communications today. today on motions to suspend the rules from the White House or the Presi- The amendment talks about the on which a recorded vote or the yeas dent’s family advocating for the action President or his immediate family and nays are ordered, or votes objected and whether the President, his family, members. How is it possible that, un- less those family members have the au- to under clause 6 of rule XX. or any senior administration officials The House will resume proceedings thority to make the request, they even would benefit financially from such ac- on postponed questions at a later time. tion. should be considered? The American people need to have This is sort of pulling things out of f confidence that their government is the air here that make no sense to me. PORTFOLIO LENDING AND working in the best interest of the peo- This is a very simple bill that we have MORTGAGE ACCESS ACT ple and not to enrich a President and where all we are looking at trying to Mr. BARR. Madam Speaker, I move his family and wealthy friends. do is take the EGRPRA law that says to suspend the rules and pass the bill Every day, the news is filled with that, every 10 years, all the rules and (H.R. 2226) to amend the Truth in Lend- stories that raise this very question. regulations are reviewed. ing Act to provide a safe harbor from Does the Trump family benefit when All we are doing is putting two agen- certain requirements related to quali- the EPA loosens environmental safe- cies back into this group of agencies fied mortgages for residential mort- guards on construction projects? that are under review, one that was not gage loans held on an originating de- Does Jared Kushner’s deeply indebted even in existence at the time of the pository institution’s portfolio, and for family business receive favorable treat- bill’s passage back in the nineties, the other purposes, as amended. ment when he advocates for certain CFPB; and the other one that needs to The Clerk read the title of the bill. policies? be included is the National Credit The text of the bill is as follows: Do the President’s sons get special Union. All we are doing is taking that H.R. 2226 permits from foreign governments 10-year review down to 7. Be it enacted by the Senate and House of Rep- when the President changes policies to- Why is this controversial? We are resentatives of the United States of America in wards those countries? taking an agency that was not even in- Congress assembled,

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.029 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1390 CONGRESSIONAL RECORD — HOUSE March 6, 2018 SECTION 1. SHORT TITLE. made under the loan to be applied solely to the mortgage business altogether be- This Act may be cited as the ‘‘Portfolio accrued interest and not to the principal of cause of the difficulties associated with Lending and Mortgage Access Act’’. the loan; and the QM rule as currently constructed. SEC. 2. MINIMUM STANDARDS FOR RESIDENTIAL ‘‘(v) the term ‘negative amortization term’ MORTGAGE LOANS. Indeed, a third of the National Asso- means a term of a residential mortgage loan ciation of Realtors survey respondents Section 129C(b) of the Truth in Lending under which the payment of periodic pay- Act (15 U.S.C. 1639c(b)) is amended by adding ments will result in an increase in the prin- reported being unable to close mort- at the end the following: cipal of the loan.’’ gages due to a requirement of the ‘‘(4) SAFE HARBOR.— The SPEAKER pro tempore. Pursu- qualified mortgage rule. Residential ‘‘(A) IN GENERAL.—A residential mortgage ant to the rule, the gentleman from mortgages were the product or service loan shall be deemed a qualified mortgage most often identified by surveyed loan for purposes of this subsection if the Kentucky (Mr. BARR) and the gen- loan— tleman from Michigan (Mr. KILDEE) banks as a candidate for discontinu- ‘‘(i) is originated by, and continuously re- each will control 20 minutes. ation as a result of Dodd-Frank. A re- tained in the portfolio of, a covered institu- The Chair recognizes the gentleman cent study by the John F. Kennedy tion; from Kentucky. School of Government at Harvard Uni- ‘‘(ii) is in compliance with the limitations GENERAL LEAVE versity documents the falling share of with respect to prepayment penalties de- Mr. BARR. Madam Speaker, I ask bank participation in mortgage origi- scribed in subsections (c)(1) and (c)(3); unanimous consent that all Members nations. ‘‘(iii) is in compliance with the require- Everyone agrees, especially after the ments related to points and fees under para- may have 5 legislative days in which to graph (2)(A)(vii); revise and extend their remarks and in- 2008 financial crisis, that a borrower ‘‘(iv) does not have negative amortization clude extraneous material on this bill. should be required to show a demon- terms or interest-only terms; and The SPEAKER pro tempore. Is there strable ability to repay. The only ques- ‘‘(v) is a loan for which the covered institu- objection to the request of the gen- tion is: Who is in the best position to tion considers, documents, and verifies the tleman from Kentucky? make that determination—a commu- debt, income, and financial resources of the There was no objection. nity banker with a professional and, consumer in accordance with subparagraph Mr. BARR. Madam Speaker, I yield perhaps, even a personal relationship (C). myself such time as I may consume. ‘‘(B) EXCEPTION FOR CERTAIN TRANSFERS.— with the borrower who has full view of Subparagraph (A) shall not apply to a resi- Madam Speaker, H.R. 2226, the Port- that borrower’s character, credit- dential mortgage loan if the legal title to folio Lending and Mortgage Access worthiness, financial situation, and such residential mortgage loan is sold, as- Act, represents a very simple solution who is willing to assume 100 percent of signed, or otherwise transferred to another to a significant policy challenge facing the downside risk of default; or is it an person unless the legal title to such residen- our economy: how to expand access to unaccountable, unelected bureaucrat in tial mortgage loan is sold, assigned, or oth- mortgage credit without replicating Washington, D.C., who literally knows erwise transferred— the accumulation of excess risk in the ‘‘(i) to another person by reason of the absolutely nothing about that bor- bankruptcy or failure of the covered institu- mortgage-backed securities market rower? tion that originated such loan; like we witnessed in the run-up to the By bearing 100 percent of the risk, fi- ‘‘(ii) to an insured depository institution 2008 financial crisis. nancial institutions have every incen- or insured credit union that has less than My legislation achieves both goals by tive to make sure that a borrower can $10,000,000,000 in total consolidated assets on extending the qualified mortgage legal afford to repay a loan. Banks and cred- the date of such sale, assignment, or trans- safe harbor to small creditors, banks, it unions would have more than just fer, if the loan is retained in portfolio by and credit unions with total consoli- skin in the game. Under this legisla- such insured depository institution or in- dated assets of $10 billion or less, that sured credit union; tion, their interests would align per- ‘‘(iii) pursuant to a merger of the covered originate and hold residential mort- fectly with that of a borrower. institution that originated such loan with gage loans in portfolio, rather than As one witness in front of our com- another person or the acquisition of a the selling or securitizing them, allowing mittee testified: ‘‘A financial institu- covered institution that originated such loan those lenders to satisfy Dodd-Frank’s tion that retains a loan’s credit and in- by another person or of another person by a ability-to-repay rule. terest-rate risk has a keen interest in covered institution, if the loan is retained in Such a policy would actually engaging in thorough, sound under- portfolio by the person to whom the loan is incentivize private sector risk reten- writing to determine the borrower’s sold, assigned, or otherwise transferred; or tion—a goal of the Dodd-Frank Act ability to repay. Allowing a financial ‘‘(iv) to a wholly owned subsidiary of the covered institution that originated such loan itself—and mark a return to relation- institution to make a customer-spe- if the loan is considered to be an asset of ship lending in which a bank or credit cific lending decision on a loan it in- such covered institution for regulatory ac- union can tailor products to a con- tends to hold in its portfolio can be a counting purposes. sumer’s needs and credit risk, without more effective way of protecting con- ‘‘(C) CONSIDERATION AND DOCUMENTATION running afoul of one-size-fits-all gov- sumers than regulatory attempts to REQUIREMENTS.—The consideration and docu- ernment requirements. Under CFPB micromanage mortgage terms with in- mentation requirements described in sub- regulations, only government-defined flexible standards.’’ paragraph (A)(v) shall— qualified mortgages enjoy a presump- No less than Barney Frank, former ‘‘(i) not be construed to require compliance with, or documentation in accordance with, tion that a lender has satisfied the chairman of the committee, endorsed appendix Q to part 1026 of title 12, Code of Dodd-Frank law’s ability-to-repay re- this concept in a hearing before this Federal Regulations, or any successor regu- quirements. committee, saying he ‘‘would like the lation; and Small banks and credit unions have main safeguard against bad loans to be ‘‘(ii) be construed to permit multiple meth- been disproportionately impacted by risk retention, because that leaves the ods of documentation. these rules, given their reliance upon decision in the hands of whoever is ‘‘(D) DEFINITIONS.—In this paragraph— residential mortgage lending and making the loan,’’ the CFPB also, ‘‘(i) the term ‘covered institution’ means greater involvement in small dollar or itself, acknowledged this key point in an insured depository institution or an in- balloon loans that run afoul of current sured credit union that, together with its af- its own rulemaking, where it recog- filiates, has less than $10,000,000,000 in total QM regulations. It is no surprise that nized that portfolio lenders ‘‘have consolidated assets on the date on the origi- Harvard researchers have found that, strong incentives to carefully consider nation of a residential mortgage loan; since Dodd-Frank’s passage, commu- whether a consumer will be able to ‘‘(ii) the term ‘insured credit union’ has nity banks have lost market share at a repay a portfolio loan at least in part the meaning given the term in section 101 of rate double that experienced between because the small creditor retains the the Federal Credit Union Act (12 U.S.C. 1752); 2006 and 2010, a period including the en- risk of default.’’ ‘‘(iii) the term ‘insured depository institu- tirety of the financial crisis. It is also This legislation also presents a viable tion’ has the meaning given the term in sec- not a surprise that many small com- alternative to the ‘‘originate to dis- tion 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); munity financial institutions have tes- tribute’’ mortgage lending model that ‘‘(iv) the term ‘interest-only term’ means a tified in front of the House Financial contributed to the subprime mortgage term of a residential mortgage loan that al- Services Committee and to many of my meltdown and bubble in residential lows one or more of the periodic payments colleagues that they have simply left real estate and taxpayer bailouts. The

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.004 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1391 result is expanded access to mortgage have talked about this issue for quite H.R. 2226, as amended in the com- credit without additional risk to the fi- some time, and I am really pleased to mittee, provides this targeted and, I nancial system or to the taxpayer. see it move forward. think, reasonable relief. In fact, this is particularly important Madam Speaker, I urge my col- As Representative BARR and I have for young families and first-time home leagues to support H.R. 2226, the Port- indicated, there are additional refine- buyers, who tend to have difficulty folio Lending and Mortgage Access ments to the bill that I would have meeting the ability-to-repay require- Act, which would allow certain mort- still liked to have seen adopted, such ments due to circumstances, such as gages that are originated and retained as additional guardrails on the types of significant student loan debt, but who in portfolio by a bank with less than products offered. I am glad, however, are otherwise creditworthy. $10 billion in total assets to be consid- and as Mr. BARR indicated, the leader- I have been working on this legisla- ered as qualified mortgages. ship of the committee, the majority, tion for 5 years now, and I am happy to In the lead-up to the financial crisis, agreed to crucial language offered by announce that, this year, we had a bi- there were a number of mortgage lend- Mr. CAPUANO to improve the bill. partisan breakthrough. That is be- ers that did not do their due diligence As amended, lenders are required to cause, at the committee markup, I of- in underwriting mortgages. We saw a continually hold these loans in port- fered an amendment that limited the number of exotic products being of- folio, and not only consider and docu- scope of this bill to financial institu- fered to individuals and families pre- ment, but verify a borrower’s income tions with less than $10 billion in as- mised on a continually rising housing information. sets. And my distinguished colleague, market. Congress should not be in the busi- Representative CAPUANO, offered a These included ‘‘no doc’’ loans where ness of allowing lenders to underwrite technical amendment that enhanced the lender did not document or verify a and offer mortgage loans that bor- the legislation by clarifying a few key borrower’s income. There were real rowers have no ability to repay. provisions. I am pleased to report that, consequences for those sorts of loans. I am supportive of this bill for that because of those two amendments, the Many of these borrowers never really reason, but also because I believe it Portfolio Lending and Mortgage Access had any hope of paying back those will help in areas of the country that Act passed with unanimous support in loans. As those mortgages went into have weaker housing markets. This has the committee and is now on the floor default, the foreclosures helped lead to really been the reason that I have been today for consideration. a financial crisis that devastated the interested in the issue of portfolio lending. I want to thank Chairman HEN- U.S. economy, and millions of families As many know, I represent Flint, SARLING, Ranking Member WATERS, were stripped from their single source Michigan, which not unlike a number Representative CAPUANO, the Kentucky of wealth: the equity in their home. of communities across the country Bankers Association, the Kentucky In the wake of that crisis, Congress have very weak and very low cost mar- Credit Union League, the American passed the Dodd-Frank Act and re- kets. You can purchase a single family Bankers Association, the Independent quired lenders to assess a consumer’s home in Flint for $25,000—not $250,000— Community Bankers of America, the ability to repay their mortgage loans. $25,000. Credit Union National Association, the We also provided statutory penalties Under the QM rules, financial insti- National Association of Federal Credit for mortgage lenders that did not fol- tutions sometimes, justifiably, strug- Unions, the National Association of low these new underwriting standards. gle to make these small mortgages, re- Home Builders, and the United States Congress also directed the Consumer sulting in even more stagnant mar- Chamber of Commerce for their hard Financial Protection Bureau to enact kets—it is a vicious cycle—and weak- work on this important legislation. regulations to create a safe harbor for ening these markets permanently. If If passed by the House, it is my hope creditors, where it would be presumed we can’t get people financed into mort- that the Portfolio Lending and Mort- that the creditor evaluated the bor- gages, these communities and the mar- gage Access Act moves quickly rower’s ability to repay. ket will never recover. through the Senate. Eleven of our In 2013, under the direction of former Democratic colleagues in the upper Director Cordray, the Consumer Finan- b 1345 Chamber support this exact language, cial Protection Bureau released its This bill will encourage community which is in Chairman CRAPO’s commu- ability-to-repay and qualified mort- banks and credit unions to make those nity financial institution relief bill. gage rule. This rule defined how lend- smaller mortgages, to help weaker Together, Republicans and Democrats ers could take advantage of that safe markets. can deliver on the regulatory relief harbor. It is for that reason and many others, that many of us in this body have Qualified mortgages, commonly re- but particularly for that reason, that I promised to our constituents that will ferred to as QM loans, are a special cat- encourage my colleagues to support enable more of them to buy the home egory of loans that have strong under- this legislation. It is a big step in the of their dreams. writing standards and certain non- right direction for weak markets. I Madam Speaker, I invite all of my predatory loan features that help make hope my colleagues will join me in sup- colleagues to vote for this important them more likely that borrowers will porting it. pro-homeownership legislation that be able to afford their mortgages. Madam Speaker, I reserve the bal- perfectly aligns lender and borrower in- So if a lender originates a QM loan, it ance of my time. terests to the benefit of America. means that the lender met certain re- Mr. BARR. Madam Speaker, I yield Madam Speaker, I reserve the bal- quirements, and it is assumed that the myself as much time as I may con- ance of my time. lender followed the ability-to-repay sume. Mr. KILDEE. Madam Speaker, I yield rule as drafted by the Consumer Finan- Madam Speaker, I want to thank my myself such time as I may consume. cial Protection Bureau. This also al- friend, the gentleman from Michigan Madam Speaker, I thank my col- lows the lender to be shielded from cer- (Mr. KILDEE), for his constructive com- league for his persistence in offering tain types of liability associated with ments, his support. And the gentleman this legislation. As he said, in com- originating bad loans. is absolutely correct. He engaged with mittee, we had a successful markup I and my colleagues were pleased me and my colleagues who were co- where we were able to unanimously that the Consumer Financial Protec- sponsoring this legislation in a very support this legislation. It is important tion Bureau tailored the rule to ensure constructive manner. He made valuable legislation. that lenders who serve rural and under- contributions, along with Mr. CAPUANO We don’t agree on everything. One served communities have flexibility in and the ranking member. Several other doesn’t have to go very far. Back in serving their customers. members on the other side of the aisle, committee, right now, where we have a While that was a very good first step, Mr. PERLMUTTER, for example, offered rather contentious markup on a budget Congress has pushed to expand this tai- his thoughtful comments as well. I ap- using estimates, as I said in that meet- loring to include even more commu- preciate the support, the bipartisan ing: When we do agree, we should come nity banks and credit unions, con- support, working through a com- together. Representative BARR and I sistent with safe and sound operations. promise to get this legislation to where

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.033 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1392 CONGRESSIONAL RECORD — HOUSE March 6, 2018 it is today, so I thank the gentleman Congresses now, and I feel that we are think we could find areas of disagree- for that. finally in a place where we can get ment. But when it comes to the spe- Madam Speaker, I yield 2 minutes to some commonsense changes to the cifics of this legislation, I think it the gentleman from Minnesota (Mr. CFPB’s qualified mortgage rules that strikes a good balance. The balance, for EMMER), who is also a sponsor of this provide relief to community banks and me, being the notion that we can deem legislation and a distinguished member credit unions. these mortgages held by smaller insti- of the Committee on Financial Serv- I was very pleased to see this legisla- tutions, as long as they are held in ices. tion get a unanimous vote in the Com- portfolio, as meeting the QM require- Mr. EMMER. Madam Speaker, when mittee on Financial Services earlier ments. the House passed the Financial this year. I am also very happy to see In exchange for that, what we get is, CHOICE Act to repeal Dodd-Frank last that the Senate Committee on Bank- in weak markets, we get a chance for year, we did so because we believe in ing, Housing, and Urban Affairs is tak- folks who essentially have been locked Main Street, we believe in the con- ing note of this issue and has advanced out of home ownership to be able to get sumer, the American consumer. similar legislation. a small mortgage literally on a $25,000, Dodd-Frank promised to protect con- The Dodd-Frank Act required the $30,000, or $40,000 home and begin to sumers from the big banks on Wall Consumer Financial Protection Bureau build equity that will return value to Street. In reality, Dodd-Frank has pun- to come up with a series of new rules that family and to that community for ished small banks and credit unions regarding mortgage lending. One of a long, long time. and, ultimately, the American con- these rules was the so-called qualified For that reason, I support this legis- sumer. mortgage rule, which provides a safe lation and I urge my colleagues to join The loss of community financial in- harbor to loans if they meet certain me in voting ‘‘yes’’ on it. stitutions tells the story. In my State criteria prescribed by the Bureau. This Madam Speaker, I yield back the bal- of Minnesota, we had 513 community effectively means that the market ance of my time. banks in 2000. Today, we have about Mr. BARR. Madam Speaker, I yield treats any loans that are not qualified 309, and continue to experience a myself the balance of my time. mortgages as being much riskier. In closing, let me just reiterate that drought in de novo charters. The Bureau’s rule is especially chal- Credit unions have, unfortunately, this legislation solves two problems. It lenging for community banks and cred- faced similar challenges. This means solves the problem of responsible ex- it unions. These lenders do not tend to there are fewer places for Americans to pansion of access to mortgage credit, be as automated as larger financial in- turn when they are seeking a loan for access to that American Dream of stitutions. They also tend to put more their first home or perhaps to get a home ownership; and, at the same time into underwriting mortgages to small business off the ground. time, preventing the mistakes that led One specific provision in Dodd-Frank reflect the unique circumstances of the to the 2008 financial crisis, the origi- requires lenders to deny loans to indi- customers in their communities. nate to distribute model where origina- However, the CFPB’s qualified mort- viduals who do not meet government- tors of mortgages had no skin in the gage rule took away much of this flexi- prescribed standards. This, according game and they allowed those mort- bility from these lenders by doing to Washington, makes loans safer, gages to be poorly underwritten or not things like instituting a 43 percent since, of course, government knows underwritten at all, with no docu- debt-to-income ratio. This might be a best. But in reality, these mortgages mentation, and then securitized and good indicator of repayment risk for a have not been made safer. They have sold into the secondary market, really lot of mortgages, but a one-size-fits-all been made unavailable. As a result, the without any eye towards the consumer is almost never a good approach. likelihood of getting approved for a and the borrower’s ability to repay. The CFPB’s rule also did not ac- loan and becoming a homeowner has Everybody in this institution, as evi- knowledge the fact that small lenders plummeted. denced by the bipartisan work here, we do not tend to sell these loans into the Representative BARR’s legislation, all recognize that a borrower should the Portfolio Lending and Mortgage secondary market. They keep 100 per- demonstrate an ability to repay that Access Act, takes steps to empower cent of the risk on their portfolio. This loan, but the crux of this legislation, at lenders in Minnesota and across the means these lenders have a very strong the core of this legislation is a recogni- country and to better serve the needs incentive to issue loans that they be- tion that a local community banker, a of their customers by extending impor- lieve will be repaid. local credit union, a lender with a per- tant protections to institutions and en- If loans held on portfolio can be sonal relationship with a borrower is in suring access to credit for American treated as qualified mortgages, then the best position to determine whether borrowers. these banks and credit unions will have or not that borrower, that prospective At the end of the day, the most effec- a stronger incentive to manage any homeowner, can repay that loan. tive way to ensure an individual has risk associated with these mortgages. When there is risk retention, when the ability to repay does not always The Portfolio Lending and Mortgage that lender is charged with the respon- need to be government-prescribed. Access Act would treat loans held on sibility of maintaining that loan in I appreciate my colleague from Ken- portfolio by community banks and portfolio, the lender is much more tucky’s hard work to protect and rein- credit unions as qualified mortgages if incentivized to properly underwrite vigorate our community financial in- they meet some other criteria, such as that loan and make sure that that cus- stitutions, and I urge my colleagues to not having a negative amortization or tomer, that borrower, that future support H.R. 2226, the Portfolio Lend- interest-only features. homeowner, has a demonstrable ability ing and Mortgage Access Act, as it This change to the CFPB’s qualified to repay. I think it is a much better comes before the House for a vote. mortgage rule will go a long way to- substitute to a one-size-fits-all credit Mr. KILDEE. Madam Speaker, I re- wards simplifying how our community box from, frankly, bureaucrats in serve the balance of my time. financial institutions can help families Washington, D.C., who have no eye to- Mr. BARR. Madam Speaker, I yield 3 achieve the dream of home ownership. wards the creditworthiness of that par- minutes to the gentleman from Illinois I have been hearing about this legis- ticular borrower. (Mr. HULTGREN), who is also, I believe, lation from community banks and We have worked with our friends on a sponsor of the legislation. credit unions in Illinois, and I am con- the other side of the aisle to make this Mr. HULTGREN. Madam Speaker, I fident it will help my constituents. a bipartisan piece of legislation lim- thank Chairman BARR for yielding. Madam Speaker, I want to encourage iting the size of the institutions that Madam Speaker, I rise today to all of my colleagues to support this im- can access this regulatory relief. But, speak in support of H.R. 2226, the Port- portant legislation. clearly, when community financial in- folio Lending and Mortgage Access Mr. KILDEE. Madam Speaker, I yield stitutions, bankers from around the Act, and I am proud to be an original myself the balance of my time to close. country, every part of the country, are cosponsor of this legislation. Madam Speaker, just to reiterate, we saying that they see the QM rule as not This is something that Chairman don’t agree on everything. Even some ‘‘qualified mortgages,’’ but as ‘‘quit- BARR has worked on for at least two of the debate in this conversation, I ting mortgages;’’ and when we see an

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.035 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1393 unnecessary constraint of mortgage allow for a reduced reporting requirement While new technologies are helping credit; and when the National Associa- for a covered depository institution when the bring banking services to anyone with tion of Realtors are reporting that institution makes the first and third report an internet connection, many people they are unable to close mortgages due of condition for a year, as required under still prefer the personal one-on-one paragraph (3). banking style that they grew up with to this onerous qualified mortgage ‘‘(B) DEFINITION.—In this paragraph, the rule, clearly the pendulum has swung term ‘covered depository institution’ means and the personal interaction often that too far. an insured depository institution that— helps the banks themselves understand So, yes, we needed some reforms in ‘‘(i) has less than $5,000,000,000 in total con- the exact needs of their customers. the aftermath of the financial crisis. solidated assets; and b 1400 This QM rule went too far. This is a re- ‘‘(ii) satisfies such other criteria as the ap- calibration of that. And this is impor- propriate Federal banking agencies deter- The Dodd-Frank law was almost 2,300 tant regulatory relief for our commu- mine appropriate.’’. pages and required dozens of agencies nity financial institutions that will The SPEAKER pro tempore. Pursu- to create new regulations or revise ex- isting ones. As a result, these agencies inure to the benefit of the American ant to the rule, the gentleman from issued hundreds of regulations and, ac- home-buying public, and it will do so in Kentucky (Mr. BARR) and the gen- cording to the Mercatus Center, the a responsible way, providing a viable tleman from Michigan (Mr. KILDEE) law placed about 28,000 new restrictions alternative to the originate to dis- each will control 20 minutes. on the banking industry, effectively tribute practices that really led to the The Chair recognizes the gentleman doubling the number of regulatory re- financial crisis. from Kentucky. strictions in title 12 of the Code of Fed- Madam Speaker, let me just make Mr. BARR. Madam Speaker, I yield myself such time as I may consume, eral Regulation to more than 52,000. one final observation, and that is to Although not part of the Dodd-Frank give credit to the administration. The and I rise today in support of H.R. 4725, the Community Bank Reporting Relief rush of regulations, a growing number Department of the Treasury, in their of banks have cited the Federal Finan- findings and recommendations in their Act. Community banks were hit hard by cial Institutions Examination Coun- report on banks and credit unions, they cil’s, or FFIEC, Consolidated Reports recognized that this was a problem in the Great Recession and the ensuing regulations. Numerous bankers have of Condition and Income—or call re- the mortgage lending space and they ports, as they are commonly called—as made a recommendation also to in- told me they are spending more and more money and resources and time on too burdensome. crease the portfolio lending safe harbor Each quarter, all national banks, compliance costs and less money and to institutions with $10 billion in as- State member banks, insured State resources on actually providing serv- sets or lower; and that, as they argued, nonmember banks, and savings associa- ices to customers. This is particularly will accommodate loans made and re- tions are required to file these call re- alarming because these small banks tained by small depository institu- ports. The reports contain approxi- are so critical to their communities. tions, provide that needed regulatory mately 50 pages of financial data on From sponsoring the local T-ball team, relief to our community financial in- each bank, including their assets, li- to lending money to a farmer for the stitutions, and also expand access to abilities, capital accounts, expenses, mortgage credit in a responsible way. next year’s crop, to helping the single and income. However, these reports are Madam Speaker, I thank my col- mom purchase a used car so she can get very burdensome for community banks leagues for their support. At this time to work, these banks are involved at with limited resources and offer little I have no further requests for time, and every level of our communities all value to the regulators relative to the I yield back the balance of my time. across America, but because of over- last quarter’s report. The SPEAKER pro tempore. The regulation, these banks are rapidly Thankfully, H.R. 4725, the Commu- question is on the motion offered by closing and consolidating. nity Bank Reporting Relief Act, is the gentleman from Kentucky (Mr. Unfortunately, the headline for fighting back against the bureaucratic BARR) that the House suspend the rules banks in the Commonwealth of Ken- nightmare of complying with these and pass the bill, H.R. 2226, as amend- tucky is no different. Since the enact- 52,000 restrictions by allowing banks ed. ment of the Dodd-Frank financial con- with less than $5 billion in consolidated The question was taken; and (two- trol law, we have seen a 20 percent drop assets to file their call reports every 6 thirds being in the affirmative) the in the number of banks in our State months as opposed to every 3 months. rules were suspended and the bill, as and there has been a dearth of charters The impact of this regulatory change amended, was passed. for new banks. In fact, since 2010, there will be a huge development for banks A motion to reconsider was laid on have been only a few de novo charters across the country. Now they will the table. for banks nationwide. spend less time on call reports and f Now, some people say that consolida- more time on actually helping cus- tion and mergers have been a long- tomers. This means more capital will COMMUNITY BANK REPORTING term trend for the last 30 years and, be flowing into our local economies, RELIEF ACT therefore, not related to the recent up- spurring job growth and economic de- Mr. BARR. Madam Speaker, I move tick in regulations unrelated to Dodd- velopment, while making a real dif- to suspend the rules and pass the bill Frank, but they are clearly not seeing ference in the lives of Americans try- (H.R. 4725) to amend the Federal De- the bigger picture, because even after ing to access affordable capital to buy posit Insurance Act to require short mergers, many branches in rural and a new home or car or start a business. form call reports for certain depository other underserved communities are I want to thank my good friend from institutions. closing, leaving many Kentuckians to Illinois, Congressman RANDY The Clerk read the title of the bill. drive a town or two over just to get to HULTGREN, for his leadership and for The text of the bill is as follows: the nearest bank. introducing this important legislation. H.R. 4725 It is not just about a long-term trend Due to his leadership, this great com- Be it enacted by the Senate and House of Rep- of consolidation. There have been lit- munity bank bill is being considered as resentatives of the United States of America in erally no new charters, whereas before a suspension on the floor today. That Congress assembled, the Dodd-Frank law was enacted, there means that there is a great chance that SECTION 1. SHORT TITLE. were many, many new charters every this bill will build on its unanimous This Act may be cited as the ‘‘Community year; and since the Dodd-Frank law support earned during the House Fi- Bank Reporting Relief Act’’. was enacted, no new charters. So the nancial Services Committee markup SEC. 2. SHORT FORM CALL REPORTS. consolidation trend has gotten a lot and will be a bipartisan provision in Section 7(a) of the Federal Deposit Insur- worse since this avalanche of red tape the Senate Banking chairman’s Eco- ance Act (12 U.S.C. 1817(a)) is amended by adding at the end the following: coming out of Washington, D.C., and nomic Growth, Regulatory Relief, and ‘‘(12) SHORT FORM REPORTING.— that is having a very negative impact Consumer Protection Act, which is ex- ‘‘(A) IN GENERAL.—The appropriate Federal on rural and underserved American pected to pass out of the Senate very banking agencies shall issue regulations that communities. soon.

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.036 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1394 CONGRESSIONAL RECORD — HOUSE March 6, 2018 In addition to Congressman sor of the legislation and the vice warrants the sharp growth in our quar- HULTGREN, I want to thank Chairman chairman of the Subcommittee on Cap- terly reporting obligation.’’ HENSARLING and Ranking Member ital Markets, Securities, and Invest- The length of the call report has sim- WATERS for their hard work on this ments. ply gotten out of hand. Washington critical legislation, and I urge my col- Mr. HULTGREN. Mr. Speaker, I rise needs to get out of the way so that leagues to vote for H.R. 4725, the Com- today to speak in support of the Com- community banks can focus on meet- munity Bank Reporting Relief Act. munity Bank Reporting Relief Act. ing the needs of their communities. I reserve the balance of my time. I would like to begin by thanking The role of smaller financial institu- Mr. KILDEE. Mr. Speaker, I yield Leader MCCARTHY and Chairman HEN- tions is especially important in more myself such time as I may consume. SARLING for their support in getting rural areas, such as in my district, Mr. Speaker, I rise to support H.R. this legislation to the floor. I also want where larger banks tend to not have as 4725, the Community Bank Reporting to thank and express my appreciation many branches. Relief Act, which would reduce report- to my colleagues, ANDY BARR and The Community Bank Reporting Re- ing requirements through first and TERRI SEWELL, for serving as original lief Act would require Federal banking third quarter call reports for deposi- cosponsors on this legislation. regulators to permit for a short-form tory institutions with less than $5 bil- I would also like to point out that call report every other quarter for lion in total consolidated assets. this identical language has been in- banks with less than $5 billion in assets This bill provides targeted regulatory cluded in the bipartisan regulatory re- and that satisfy other criteria deter- relief to many of our smaller financial lief bill that the Senate is expected to mined by bank regulators. institutions, as has been the desire of take up maybe sometime this week. Federal banking regulators have not both Democrats and Republicans on By way of background, the Federal demonstrated there are statistically the committee and in this Congress for Financial Institutions Examinations significant variations in this data some time. Council requires banks and savings as- quarter to quarter, and we heard testi- Under the Obama administration, the sociations to file a quarterly Consoli- mony consistent with this from Tioga Federal banking agencies began taking dated Report of Condition and Income, State Bank in the House Financial a series of steps to reduce and stream- also known as the call report. Banking Services Committee. This means the line various bank reporting require- regulators use data in the call report banking regulators are simply col- ments. Many of these requirements had to monitor the safety, soundness, per- lecting too much information too fre- existed for decades, including the quar- formance, and risk profile of each in- quently. The Federal banking regu- terly Consolidated Reports of Condi- stitution and to assess the overall con- lators would be required to take input tion and Income for a Bank, which is dition of the banking system. from our neighborhood banks under commonly referred to as a call report. I think we can all agree that our Fed- consideration when making these These efforts by regulators have in- eral banking regulators should have changes. This cannot be simply check- cluded creating a simpler call report regular updates on the overall perform- the-box exercises, but real reform is for most community banks with less ance and health of financial institu- necessary. However, nothing in this legislation than $1 billion. Regulators have al- tions. For example, this is important if would prevent regulators from having ready been exploring raising the Federal banking regulators are going access to the information that they threshold to a comparable level that is to be prudent stewards of Federal de- need to adequately understand the proposed by this legislation. The regu- posit insurance. However, this does not health of the banking system. Regu- lators also allow for some data to be mean that the Federal banking regu- lators will still receive the most impor- reported semiannually, as this bill lators need regular reports about every tant information every quarter. would allow, or annually rather than single data point on every single finan- The Independent Community Bank- quarterly. cial institution. ers of America has suggested this short I am pleased that H.R. 4725 would Unfortunately, the reporting burden form call report include three sched- give the regulators discretion to decide has grown significantly over the years, ules: schedules RI, an income state- what information should be included in which means banks have to spend more ment; schedule RIA, changes in bank a reduced call report. It is also key time with compliance issues rather equity capital; and Schedule RC, the that the bill would require a full call than working with families and busi- balance sheet. report every other quarter for banks nesses to meet their financial needs. Furthermore, in the event there is under $5 billion, including at the end of When I introduced similar legislation any reason for concern about the the year, to make sure that regulators last Congress, one community banker health of the bank, regulators would and the public have sufficient informa- in Illinois, Greg Ohlendorf, with First maintain their authority to make ad tion on the health of financial institu- Community Bank and Trust, shared hoc information requests. tions. with me: ‘‘The quarterly call report This legislation is supported by the Furthermore, this bill would permit has increased to some 80 pages sup- American Bankers Association, the regulators to limit the regulatory re- ported by almost 700 pages of instruc- Independent Community Bankers of lief, as appropriate. This would, for ex- tions, and it represents a growing bur- America, and the neighborhood banks ample, exclude banks with foreign of- den on community banks.’’ in all of our districts who are looking fices or ones that are affiliated with According to a survey that the Inde- for commonsense regulatory relief. much larger banks, as they do today. pendent Community Bankers of Amer- I urge my colleagues to vote in sup- This bill would appropriately main- ica conducted of its members in 2014, port of this legislation. We must cut tain robust oversight of our Nation’s over 60 percent of the annual cost to regulation for community banks. largest banks while providing targeted prepare the call report goes to per- Mr. KILDEE. Mr. Speaker, I reserve relief for smaller institutions. sonnel salaries. This survey shows that the balance of my time. As I said, we don’t agree on every- this is not a highly automated process Mr. BARR. Mr. Speaker, I yield my- thing. Many of us on this side believe for those institutions and that often- self such time as I may consume. that the robust protections built into times senior executives such as the Let me once again thank the gen- Dodd-Frank have strengthened the fi- chief financial officer are responsible tleman from Illinois for his tireless ad- nancial system but that there are ways for this regulatory burden. vocacy on behalf of our community fi- that we can improve and refine those We also heard testimony in the Fi- nancial institutions and providing restrictions in order to support par- nancial Institutions and Consumer some commonsense, basic relief to ticularly smaller institutions. This is a Credit Subcommittee hearing from those institutions so that, instead of step in that direction, and I urge my Robert Fisher, president and CEO of dealing with paperwork, they could ac- colleagues to support H.R. 4725. Tioga State Bank, on behalf of the tually better serve their customers and I reserve the balance of my time. ICBA, who stated: ‘‘When I first started grow our local economies. Mr. BARR. Mr. Speaker, I am pleased in banking in the mid-1980s, the report GENERAL LEAVE to yield 6 minutes to the gentleman was 18 pages long. No change in our Mr. BARR. Mr. Speaker, I ask unani- from Illinois (Mr. HULTGREN), the spon- basic business model since that time mous consent that all Members may

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.039 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1395 have 5 legislative days in which to re- States Secret Service, the Director of the law or regulation determined to be appro- vise and extend their remarks and in- Federal Bureau of Investigation, the Admin- priate to ensure that the United States pur- clude extraneous material on this bill. istrator of the Drug Enforcement Adminis- sues coordinated and effective efforts within The SPEAKER pro tempore (Mr. tration, the Commissioner of Customs and the jurisdiction of the United States, includ- Border Protection, the Director of the Office ing efforts or actions that are being taken or WALDEN). Is there objection to the re- of National Drug Control Policy, and the can be taken by financial institutions, ef- quest of the gentleman from Ken- Federal functional regulators, develop a na- forts in cooperation with international part- tucky? tional strategy to combat the financial net- ners of the United States, and efforts that There was no objection. works of transnational organized criminals. build partnerships and global capacity to Mr. BARR. Mr. Speaker, I reserve the (b) TRANSMITTAL TO CONGRESS.— combat transnational organized crime. balance of my time. (1) IN GENERAL.—Not later than one year SEC. 4. DEFINITIONS. Mr. KILDEE. Mr. Speaker, I will just after the enactment of this Act, the Presi- In this Act: close by reiterating what I said earlier. dent shall submit to the appropriate Con- (1) APPROPRIATE CONGRESSIONAL COMMIT- From time to time, it is clear that we gressional committees and make available to TEES.—The term ‘‘appropriate congressional the relevant government agencies as defined committees’’ means— can come together on solutions to in subsection (a), a comprehensive national (A) the Committee on Financial Services, problems that we come across in any strategy in accordance with subsection (a). the Committee on Foreign Affairs, the Com- regulation, in any aspect of the Federal (2) UPDATES.—After the initial submission mittee on Armed Services, the Committee on Government. Even in areas where we of the national strategy under paragraph (1), the Judiciary, the Committee on Homeland might find broad disagreement on the the President shall, not less often than every Security, and the Permanent Select Com- importance of many of the protections 2 years, update the national strategy and mittee on Intelligence of the House of Rep- that were put in place after the finan- submit the updated strategy to the appro- resentatives; and cial crisis, across the aisle, we can priate Congressional committees. (B) the Committee on Banking, Housing, (c) SEPARATE PRESENTATION OF CLASSIFIED and Urban Affairs, the Committee on For- often find common ground around par- MATERIAL.—Any part of the national strat- eign Relations, the Committee on Armed ticular solutions; and, when we do egy that involves information that is prop- Services, the Committee on the Judiciary, that, we should act. erly classified under criteria established by the Committee on Homeland Security and I think that is why so many of us the President shall be submitted to Congress Governmental Affairs, and the Select Com- were pleased to see this legislation separately in a classified annex and, if re- mittee on Intelligence of the Senate. come forward to give us a chance to quested by the chairman or ranking member (2) FEDERAL FUNCTIONAL REGULATOR.—The demonstrate that this is a step in the of one of the appropriate Congressional com- term ‘‘Federal functional regulator’’ has the right direction, particularly supporting mittees, as a briefing at an appropriate level meaning given that term in section 509 of the of security. Gramm-Leach-Bliley Act (15 U.S.C. 6809). some of our smaller institutions. I sup- (3) TRANSNATIONAL ORGANIZED CRIME.—The port this legislation and urge my col- SEC. 3. CONTENTS OF NATIONAL STRATEGY. The national strategy described in section term ‘‘transnational organized crime’’ refers leagues to do the same. 2 shall contain the following: to those self-perpetuating associations of in- I yield back the balance of my time. (1) THREATS.—An identification and assess- dividuals who operate transnationally for Mr. BARR. Mr. Speaker, I have no ment of the most significant current the purpose of obtaining power, influence, further requests for time, and I yield transnational organized crime threats posed monetary or commercial gains, wholly or in back the balance of my time. to the national security of the United States part by illegal means, while— The SPEAKER pro tempore. The or to the U.S. and international financial (A) protecting their activities through a question is on the motion offered by system, including drug and human traf- pattern of corruption or violence; or (B) while protecting their illegal activities the gentleman from Kentucky (Mr. ficking organizations, cyber criminals, kleptocrats, and other relevant state and through a transnational organizational BARR) that the House suspend the rules non-state entities, including those threats structure and the exploitation of and pass the bill, H.R. 4725. identified in the President’s ‘‘Strategy to transnational commerce or communication The question was taken; and (two- Combat Transnational Organized Crime’’ mechanisms. thirds being in the affirmative) the (published July 2011). The SPEAKER pro tempore. Pursu- rules were suspended and the bill was (2) ILLICIT FINANCE.—(A) An identification ant to the rule, the gentleman from passed. of individuals, entities, and networks (in- Kentucky (Mr. BARR) and the gen- cluding terrorist organizations, if any) that A motion to reconsider was laid on tleman from Michigan (Mr. KILDEE) the table. provide financial support or financial facili- tation to transnational organized crime each will control 20 minutes. f groups, and an assessment of the scope and The Chair recognizes the gentleman NATIONAL STRATEGY FOR COM- role of those providing financial support to from Kentucky. BATING THE FINANCING OF transnational organized crime groups. GENERAL LEAVE TRANSNATIONAL CRIMINAL OR- (B) An assessment of methods by which Mr. BARR. Mr. Speaker, I ask unani- transnational organized crime groups laun- GANIZATIONS ACT mous consent that all Members may der illicit proceeds, including money laun- have 5 legislative days in which to re- Mr. BARR. Mr. Speaker, I move to dering using real estate and other tangible vise and extend their remarks and in- suspend the rules and pass the bill goods such as art and antiquities, trade- based money laundering, bulk cash smug- clude extraneous material on this bill. (H.R. 4768) to require the President to The SPEAKER pro tempore. Is there develop a national strategy to combat gling, exploitation of shell companies, and misuse of digital currencies and other cyber objection to the request of the gen- the financial networks of transnational technologies, as well as an assessment of the tleman from Kentucky? organized criminals, and for other pur- risk to the financial system of the United There was no objection. poses, as amended. States of such methods. Mr. BARR. Mr. Speaker, I yield my- The Clerk read the title of the bill. (3) GOALS, OBJECTIVES, PRIORITIES, AND AC- self such time as I may consume. The text of the bill is as follows: TIONS.—(A) A comprehensive, research-based, Mr. Speaker, I rise today in support H.R. 4768 discussion of short-term and long-term of H.R. 4768, the National Strategy for goals, objectives, priorities, and actions, list- Be it enacted by the Senate and House of Rep- Combating the Financing of ed for each department and agency described resentatives of the United States of America in Transnational Criminal Organizations under section 2(a), for combating the financ- Congress assembled, ing of transnational organized crime groups Act. SECTION 1. SHORT TITLE. and their facilitators. I want to, at the outset, applaud and This Act may be cited as the ‘‘National (B) A description of how the strategy is in- thank my colleague Mr. KUSTOFF from Strategy for Combating the Financing of tegrated into, and supports, the national se- Tennessee for his leadership on this im- Transnational Criminal Organizations Act’’. curity strategy, drug control strategy, and portant legislation and for bringing SEC. 2. NATIONAL STRATEGY. counterterrorism strategy of the United this solution to the Congress and this (a) IN GENERAL.—The President, acting States. solution to the American people. through the Secretary of the Treasury, shall, (4) REVIEWS AND PROPOSED CHANGES.—A re- As Members of Congress, our number in consultation with the Attorney General, view of current efforts to combat the financ- one responsibility is the national secu- the Secretary of State, the Secretary of ing or financial facilitation of transnational Homeland Security, the Director of National organized crime, including efforts to detect, rity and the well-being of the American Intelligence, the Secretary of Defense, the deter, disrupt, and prosecute transnational people. Unfortunately, transnational Director of the Financial Crimes Enforce- organized crime groups and their supporters, criminal organizations threaten the ment Network, the Director of the United and, if appropriate, proposed changes to any safety of Americans, and we must do

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.040 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1396 CONGRESSIONAL RECORD — HOUSE March 6, 2018 everything in our power to stop them. unanimous support in January, and it ganizations, whose primary objective is Transnational criminal organizations, is my hope that it passes with unani- economic gain. or TCOs as they are called for short, mous support today on the House floor. In a number of ways, this legislation are engaged in illegal business ventures Mr. Speaker, in addition to Congress- before us will ensure that the Treas- around the world such as money laun- man KUSTOFF, I thank Chairman HEN- ury, as well as the intelligence and dering, cybercrime, and the trafficking SARLING and Ranking Member WATERS broader U.S. national security appa- of drugs, weapons, endangered species, for their hard work on this issue. To- ratus, remains focused on some of the and even human beings. gether we can, in a bipartisan way, em- emerging threats posed by While TCOs may not be motivated by power our government to better fight transnational organized crime groups; a particular radical, political, or reli- transnational criminal organizations, including, kleptocrats, human traf- gions ideology, they are motivated by making the American people safer and fickers, drug traffickers, and money, and they will stop at nothing our economy stronger. cybercriminals. to get it. According to a 2011 report Mr. Speaker, I urge my colleagues to Additionally, the legislation explic- published by the Obama administra- vote for H.R. 4768, the National Strat- itly requires the administration to ex- tion, entitled, ‘‘Strategy to Combat egy for Combating the Financing of amine how such groups exploit the use Transnational Organized Crime,’’ TCOs Transnational Criminal Organizations of shell companies, misuse digital cur- have dramatically ramped up their Act. rencies and other cyber technologies. size, scope, and influence, and are even Mr. Speaker, I reserve the balance of I am also pleased that, with the con- teaming up with terrorist organiza- my time. currence of the chairman and the gen- tions and corrupt foreign officials to Mr. KILDEE. Mr. Speaker, I yield tleman from Tennessee (Mr. KUSTOFF), expand their networks and conceal myself such time as I may consume. the committee agreed to adopt an their illicit financial assets. Mr. Speaker, if ever there is a time amendment offered by Ranking Mem- These TCOs cost the Western Hemi- for Democrats and Republicans to ber WATERS that sharpens the bill’s sphere about 3.5 percent of gross do- come together in a bipartisan fashion, focus on the methods by which mestic product annually, and they gen- it would be around this issue, around transnational organized crime groups erate for themselves around $870 bil- an issue to combat the financing of launder illicit funds using real estate lion, which is roughly the value of the transnational criminal organizations. and other tangible goods, such as art world’s largest company, Apple. That is what H.R. 4768 would do. Spe- and antiquities. These significant vul- President Trump, on February 9, 2017, cifically, it would require the Sec- nerabilities have been identified as issued Executive Order 13773 on ‘‘En- retary of the Treasury to lead the ef- major threats to our national security forcing Federal Law with Respect to fort, in consultation with other key and the integrity of our financial sys- Transnational Criminal Organizations agencies and departments, and update tem by a broad range of bipartisan ex- and Preventing International Traf- the strategy to fight these organiza- perts, including the Financial Crimes ficking.’’ tions at least every 2 years. Enforcement Network and the Finan- Additionally, the legislation requires cial Action Task Force. b 1415 the administration to assess the key For example, just last year, FinCEN It states that TCOs in the form of threats, financial support networks, noted in a public advisory that: ‘‘Real transnational drug cartels have a and methods used by criminal groups estate transactions and the real estate stronghold in America and threaten to launder the proceeds of illicit activi- market have certain characteristics the safety of the American people. ties. In passing this legislation, we will that make them vulnerable to abuse by From former President Obama to cur- not only build upon but also cement illicit actors. . . . For these reasons rent President Trump, TCOs are recog- the importance of the interagency ap- and others, drug traffickers, corrupt of- nized as a major risk to national secu- proach taken by the prior administra- ficials, and other criminals can and rity. That is why I am very pleased to tion in combating the impact of global have used real estate to conceal the ex- see that my good friend from Ten- criminal enterprises. istence and origins of their illicit nessee, Congressman DAVID KUSTOFF, Indeed, in 2010, the Obama adminis- funds.’’ has introduced H.R. 4768, the National tration conducted a comprehensive as- The entities and individuals that Strategy for Combating the Financing sessment of organized crime, the first have sought to exploit real estate to of Transnational Criminal Organiza- such review that had taken place since conceal illicit funds includes Iranian tions Act. the mid-1990s. The assessment came to banks subject to U.S. sanctions, Rus- This legislation requires the Presi- the alarming conclusion that the sian oligarchs and Russian-organized dent, the Treasury Secretary, financial threat of global criminal networks had crime rings, as well as Venezuelan offi- regulators, and other appropriate offi- become more complex, volatile, and de- cials found to be engaged in narcotics cials to create a national strategy to stabilizing and that such groups were trafficking. combat TCOs and their illicit use of fi- proliferating, striking new and power- The fact that these vulnerabilities nancial networks. Specifically, the leg- ful alliances, and engaging in a grow- are not merely theoretical and have islation requires them to identify and ing range of illicit activities such as we been used by a wide range of criminal assess the largest TCO threats to the have never seen before. groups should disturb all of us. We also United States. It also mandates that To combat this growing threat and know that money laundering through the strategy include the identification lessen its impact both domestically the global art and antiquities market of the people or groups that facilitate and on our foreign partners, the Obama is another key method for washing il- access to financial networks for the administration, in 2011, issued a com- licit funds, and that is undoubtedly TCOs through laundering assets, such prehensive interagency strategy that being exploited by well-organized as, real estate, art and antiquities, identified 56 priority actions across transnational criminal groups. Indeed, smuggling bulk cash, exploitation of five strategic objectives. One of these we know that the looting and traf- shell companies, and the use of covert key objectives included breaking the ficking in cultural heritage is a source cryptocurrencies and other cyber tech- economic power of transnational crimi- of revenue that has funded ISIS’ hei- nologies. nal networks and protecting strategic nous activities, and we know that the The legislation also requires the markets and the U.S. financial system opaque characteristics of the high-end strategy to include long-term and from penetration and abuse by art market and its lack of basic anti- short-term goals, an explanation of transnational organized crime. This money-laundering requirements make how goals will be integrated into exist- strategic objective, in particular, reso- it a target for illicit funds. ing national security apparatuses, and, nates with me, as I have always be- So I am pleased that the members of if needed, suggest legislative and regu- lieved strongly that following the this committee were able to agree that latory changes to better fight against money and using our economic lever- real estate and art market vulnerabili- TCOs. age is the best way to counter illicit ties should be given due consideration This legislation passed the House activity. This is especially true in when it comes to transnational orga- Committee on Financial Services with countering transnational criminal or- nized crime. Again, this is one of those

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.042 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1397 subjects around which bipartisanship The United Nations Office on Drugs that cuts off funding and other re- should be assumed. and Crime estimates that these cartel sources for transnational criminal or- Mr. Speaker, I urge all Members to and transnational criminal organiza- ganizations and to routinely report to join in this bipartisan effort and to tions generate nearly $870 billion a Congress and the American people on support this legislation. year. This money is used to directly the strategy’s progress. Mr. Speaker, I reserve the balance of threaten the security and the pros- Our bill is a commonsense solution my time. perity of the United States of America that protects Arizona families, commu- Mr. BARR. Mr. Speaker, I yield 5 and other countries in the Western nities, and businesses from the threats minutes to the gentleman from Ten- Hemisphere. Our legislation is a crit- of transnational organized crime. nessee (Mr. KUSTOFF), a member of the ical step in disrupting this illicit fi- By focusing on the money, we take a House Financial Services Committee nance and putting an end to the need- meaningful step in combating and a former United States Attorney less crimes committed by cartels. cybercrime, money laundering, drug from the Western District of Ten- As we have seen, these organizations trafficking, and human trafficking, as nessee, who has brought considerable have evolved in a continued effort to well as other issues that transnational prosecutorial experience in drafting evade law enforcement. Therefore, in criminals bring to our communities. and authoring this legislation. an effort to stay one step ahead of I thank Chairman HENSARLING and Mr. KUSTOFF of Tennessee. Mr. these bad actors, we have also got to Ranking Member WATERS for sup- Speaker, I thank the chairman for evolve. These transnational organiza- porting this important legislation, and yielding. tions have developed interstate net- I will continue working with my col- Mr. Speaker, I rise today in support leagues across the aisle to keep Ari- of my bill, the National Strategy for works to and from the border in which drugs come up from Central America zona families safe. Combating the Financing of Mr. BARR. Mr. Speaker, I yield 2 and the cash returns back to the coun- Transnational Criminal Organizations minutes to the gentleman from Penn- try of origin. We simply cannot stand Act. sylvania (Mr. ROTHFUS), the vice chair- idly by as these activities continue. We On February 9 of 2017, last year, man of the Financial Services Sub- must keep money out of the hands of President Trump issued an executive committee on Financial Institutions those who intend to cause harm to our order directing the Federal Govern- and Consumer Credit. Nation. ment to combat international drug Mr. ROTHFUS. Mr. Speaker, I thank I think this legislation does exactly trafficking. Now, before I go any fur- Chairman BARR for yielding me time. ther, I want to take note that this ex- that. I greatly appreciate the hard Mr. Speaker, I rise today to express ecutive order was issued in the third work done by my colleagues from the my support for the National Strategy week of the Trump administration. Financial Services Committee on this for Combating the Financing of This early action gives us an idea of very important legislation. I urge all Transnational Criminal Organizations how seriously we must take this issue. my colleagues to support its passage. Act. I want to thank my colleague Rep- Mr. KILDEE. Mr. Speaker, I yield 3 The executive order recognizes that il- resentative KUSTOFF for his work on legal drugs are pouring into our coun- minutes to the gentlewoman from Ari- this important issue. try and they are threatening American zona (Ms. SINEMA), a cosponsor of this The Subcommittee on Terrorism and safety, primarily at the hands of car- legislation and a distinguished member Illicit Finance has been examining tels and other transnational criminal of the Financial Services Committee. global criminal organizations and the organizations. Ms. SINEMA. Mr. Speaker, I rise in threat they pose to the United States These criminal organizations are re- support of H.R. 4768, the National financial system. sponsible, in large part, for the rising Strategy for Combating the Financing These sophisticated and dangerous opioid epidemic sweeping across our of Transnational Criminal Organiza- organizations, like drug cartels, in- Nation. Take my district of west Ten- tions Act. creasingly pose a direct threat to the nessee, where we continue to see a rise Mr. Speaker, according to the Drug safety and security of all Americans. in the deaths caused by opioid Enforcement Administration’s Phoenix They have fueled the opioid crisis that overdoses. From heroin to fentanyl, division, the Sinaloa cartel is the big- continues to kill tens of thousands of and the more potent synthetic opioid gest, most violent, and nastiest organi- Americans each year, including the known as carfentanil, we must con- zation threatening Arizonans, even big- spread of human trafficking, among a tinue to use every available resource to ger than MS–13. It is a dangerous and host of other illicit activities. prevent the further destruction of our highly sophisticated organization. I want to remind my colleagues that communities. We have got to say Sinaloa smuggles heroin and meth- entire communities are still plagued by enough is enough. amphetamine across the border into this crisis, including hard-hit commu- The important legislation that we Arizona and, with it, a pattern of nities in western Pennsylvania. are discussing today will create a plan crime, intimidation, and addiction that Beyond the opioid crisis, though, I to track illicit money channels and cut rips at the very fabric of our commu- want to highlight an exceptionally them off at the source. Specifically, it nities. dangerous situation in which the directs the United States Treasury De- Arizonans know we need to be tough, United States finds itself. partment to develop a national strat- smart, and aggressive to confront Some of the cartels are now working egy aimed at disrupting these financial Sinaloa and other cartels. Our bill directly with organizations like crimes. The Treasury Department will cracks down on the drug cartels and Hezbollah, a terrorist organization, as work hand in hand with the Depart- other international crime syndicates reflected in a recent Politico article. ment of Defense, the Department of that threaten Arizona families and our Fortunately, the new administration is Homeland Security, the Department of quality of life by hitting them where it taking a tougher stance now with the Justice, the State Department, and the hurts: their bank accounts. announcement of a newly created Office of the Director of National Intel- Drug cartels like Sinaloa obtain Hezbollah Financing and Narcoter- ligence to produce a yearly report out- wealth and power through money laun- rorism Team. lining a strategy and detailing ways dering; cybercrime; and human, drugs, Mr. Speaker, it is about time Amer- that the United States Government and weapons smuggling. To stop the ica fought back against this growing can continue to prevent these financial drug cartels and protect Arizona fami- international threat, and this bill will crimes. lies, we need a comprehensive approach help ensure the government has a For far too long, these criminal orga- to cut off the money that fuels their strategy to stay in this fight. Lives de- nizations have used illicit business ven- operations. pend on it. tures to further finance their activi- Mr. Speaker, I urge my colleagues to b 1430 ties, which range from money laun- support this bill. dering and cybercrime to the traf- That is why Congressman KUSTOFF Mr. KILDEE. Mr. Speaker, I reserve ficking of drugs, human trafficking, from Tennessee and I introduced H.R. the balance of my time. weapons trafficking, and trafficking in 4768. This bill requires the administra- Mr. BARR. Mr. Speaker, I yield 3 endangered species. tion to develop and execute a strategy minutes to the gentleman from North

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.044 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1398 CONGRESSIONAL RECORD — HOUSE March 6, 2018 Carolina (Mr. BUDD), a member of the transnational criminal organizations, combatting our nation’s drug problem. Simi- Financial Services Committee. and I hope that we will use those tools larly, the Office of Community Oriented Po- Mr. BUDD. Mr. Speaker, I rise today to counter the threat posed by licing Services has served as the cornerstone for our nation’s crime-fighting efforts for in strong support of Mr. KUSTOFF’s bill, Hezbollah. more than two decades. With the growing the National Strategy for Combating Hezbollah is not a political party. It threat posed by transnational criminal orga- the Financing of Transnational Crimi- is not a quaint reflection of history. It nizations, it is important that we adopt a nal Organizations Act. is a web of terrorists and criminals, comprehensive national approach. Mr. Speaker, I want to thank my and that web extends here to our hemi- President Donald J. Trump took the first friend for his leadership on this impor- sphere. step by issuing Executive Order #13773, the tant issue, even if it does have a really, Enforcing Federal Law with Respect to In fact, in 2009, there was an arrest Transnational Criminal Organizations and really long name. made in Philadelphia, where Hezbollah Preventing International Trafficking a year I have seen firsthand how these operatives were looking to move 1,200 ago. The Threat Mitigation Working Group transnational drug cartels can disrupt machine guns into Syria. was set up to bring Federal agencies to- civil society. In my own district, the More recent arrests have been made gether a common goal of investigating, pros- opioid epidemic has destroyed innocent in Latin America, where countries like ecuting and dismantling transnational people’s lives, including kids, while gangs. Argentina, Peru, and Paraguay are This bill would codify part of this Execu- transnational criminal organizations, dealing with an enhanced Hezbollah tive Order by developing a national strategy or TCOs, profit on people’s misery and presence. for combatting transnational criminal orga- their death. This important legislation will help nizations. We need to attack their ability to TCOs have brought heroin to our us build a plan to leverage our allies, profit from unlawful activity-whether it is streets and, along with it, increased to leverage the Organization of Amer- money laundering, bulk cash smuggling, crime, placing additional burdens on ican States and other assets so that we shell companies or digital currencies. Simply law enforcement in local communities. put, until we can stop the flow of criminal recognize the threat that Hezbollah profits to these organized, unlawful enter- We are in crisis mode, and targeted and other terrorist organizations pose prises, they will continue to survive no mat- steps need to be taken to address this and so that we meet that threat head- ter how many individuals we arrest and pros- epidemic at all phases. We have to on. ecute. crack down on the pusher on the street. Mr. KILDEE. Mr. Speaker, obviously, On behalf of the more than 335,000 members We have to crack down on the drug car- as I said, we need a national strategy of the Fraternal Order of Police, we believe tels. We have to crack down on the this bill will make our country safe from to combat the financing of these transnational criminal organizations. drug companies that have made a prof- transnational criminal organizations. If I can provide any additional information, it from overprescription and filling This legislation requires that such a please do not hesitate to contact me or my suspect orders. strategy be put together. It is an issue Senior Advisor, Jim Pasco, in my Wash- Most of all, we have to crack down on that crosses virtually every partisan or ington office. the intricate faceless and unbelievably ideological line. It is an example of leg- Sincerely, complex international criminal organi- islation that we all can embrace and CHUCK CANTERBURY, National President. zations that allow the profits from should support. these activities into our economy. Mr. Speaker, I encourage my col- Mr. BARR. Mr. Speaker, as a Member of Congress representing a State that We must eradicate the international leagues to do so, and I yield back the has been ravaged by heroin and opioid illicit financing networks that are the balance of my time. addiction, I can’t think of a more im- linchpin of any criminal organization’s Mr. BARR. Mr. Speaker, I yield my- portant thing for this Congress to do operations. But we don’t have a unified self the balance of my time. than to develop a national strategy for national plan. I, once again, thank my colleagues combating these transnational gangs Luckily, this committee has an op- for supporting this legislation. In par- that are preying on our communities. portunity to make a difference by com- ticular, I thank the gentleman from ing up with a national strategy and Once again, I commend Mr. KUSTOFF Tennessee (Mr. KUSTOFF) for his leader- for his leadership in this area and in plan to attack transnational criminal ship on this issue. organizations’ finances. this effort and in this fight. I applaud I would note, also, in addition to all my colleagues for supporting the legis- Mr. KUSTOFF’s bill would direct the of the many sound and persuasive argu- Secretary of the Treasury to provide lation on both sides of the aisle. ments that have been offered for why Mr. Speaker, I yield back the balance that plan, a vital first step towards ad- we need this legislation, this National of my time. dressing the threat posed by the grow- Strategy for Combating the Financing The SPEAKER pro tempore (Mr. ing sophistication of illicit financing of Transnational Criminal Organiza- PALMER). The question is on the mo- networks. tions Act, the National Fraternal tion offered by the gentleman from Passing this bill is a significant step Order of Police has endorsed this legis- Kentucky (Mr. BARR) that the House toward an effective, sustained national lation, and I include in the RECORD suspend the rules and pass the bill, strategy to attack the funding that their letter. H.R. 4768, as amended. makes these TCOs possible. NATIONAL FRATERNAL The question was taken; and (two- Therefore, it is critical that we con- ORDER OF POLICE, thirds being in the affirmative) the tinue to maximize cooperation among Washington, DC, February 15, 2018. rules were suspended and the bill, as Federal departments to keep our poli- Hon. PAUL D. RYAN, amended, was passed. cies ahead of these transnational Speaker of the House, House of Representatives, A motion to reconsider was laid on criminals. Washington, DC. the table. Mr. Speaker, I urge adoption of Mr. Hon. KEVIN O. MCCARTHY, f KUSTOFF’s timely and important piece Majority Leader, House of Representatives, of legislation. Washington, DC. REPACK AIRWAVES YIELDING Hon. NANCY P. PELOSI, Mr. KILDEE. Mr. Speaker, I reserve BETTER ACCESS FOR USERS OF Minority Leader, House of Representatives, MODERN SERVICES ACT OF 2018 the balance of my time. Washington, DC. Mr. BARR. Mr. Speaker, I yield 2 Hon. STENY H. HOYER, Mr. WALDEN. Mr. Speaker, I move minutes to the gentleman from Florida Minority Whip, House of Representatives, to suspend the rules and pass the bill (Mr. GAETZ). Washington, DC. (H.R. 4986) to amend the Communica- Mr. GAETZ. Mr. Speaker, I thank the DEAR MR. SPEAKER AND REPRESENTATIVES tions Act of 1934 to reauthorize appro- gentleman for yielding me time. I also MCCARTHY, PELOSI, AND HOYER: I am writing priations for the Federal Communica- thank the gentleman from Tennessee on behalf of the members of the Fraternal tions Commission, to provide for cer- for introducing this responsible legisla- Order of Police to advise you of our support for H.R. 4768, the ‘‘National Strategy for tain procedural changes to the rules of tion. Combatting the Financing of Transnational the Commission to maximize opportu- Mr. Speaker, I look forward to cir- Criminal Organizations Act.’’ nities for public participation and effi- cumstances where this administration The Office of National Drug Control Policy cient decisionmaking, and for other will have additional tools to deal with was established to set out our strategy in purposes, as amended.

VerDate Sep 11 2014 04:57 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.045 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1399 The Clerk read the title of the bill. Sec. 707. Reallocation incentives. and collect application fees at such rates as The text of the bill is as follows: Sec. 708. Bidirectional sharing study. the Commission shall establish in a schedule Sec. 709. Unlicensed services in guard bands. of application fees to recover the costs of the H.R. 4986 Sec. 710. Amendments to the Spectrum Pipe- Commission to process applications. Be it enacted by the Senate and House of Rep- line Act of 2015. ‘‘(b) ADJUSTMENT OF SCHEDULE.— resentatives of the United States of America in Sec. 711. GAO assessment of unlicensed spec- ‘‘(1) IN GENERAL.—In every even-numbered Congress assembled, trum and Wi-Fi use in low-in- year, the Commission shall review the sched- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. come neighborhoods. ule of application fees established under this (a) SHORT TITLE.—This Act may be cited as Sec. 712. Rulemaking related to partitioning section and, except as provided in paragraph the ‘‘Repack Airwaves Yielding Better Ac- or disaggregating licenses. (2), set a new amount for each fee in the cess for Users of Modern Services Act of Sec. 713. Unlicensed spectrum policy. schedule that is equal to the amount of the 2018’’ or the ‘‘RAY BAUM’S Act of 2018’’. Sec. 714. National plan for unlicensed spec- fee on the date when the fee was established (b) TABLE OF CONTENTS.—The table of con- trum. or the date when the fee was last amended tents for this Act is as follows: Sec. 715. Spectrum challenge prize. under subsection (c), whichever is later— Sec. 716. Wireless telecommunications tax ‘‘(A) increased or decreased by the percent- Sec. 1. Short title; table of contents. and fee collection fairness. age change in the Consumer Price Index dur- Sec. 2. Commission defined. Sec. 717. Rules of construction. TITLE I—FCC REAUTHORIZATION Sec. 718. Relationship to Middle Class Tax ing the period beginning on such date and Relief and Job Creation Act of ending on the date of the review; and Sec. 101. Authorization of appropriations. ‘‘(B) rounded to the nearest $5 increment. Sec. 102. Application and regulatory fees. 2012. Sec. 719. No additional funds authorized. ‘‘(2) THRESHOLD FOR ADJUSTMENT.—The Sec. 103. Effective date. Commission may not adjust a fee under para- SEC. 2. COMMISSION DEFINED. TITLE II—APPLICATION OF graph (1) if— In this Act, the term ‘‘Commission’’ means ANTIDEFICIENCY ACT ‘‘(A) in the case of a fee the current the Federal Communications Commission. Sec. 201. Application of Antideficiency Act amount of which is less than $200, the adjust- to Universal Service Program. TITLE I—FCC REAUTHORIZATION ment would result in a change in the current TITLE III—SECURING ACCESS TO SEC. 101. AUTHORIZATION OF APPROPRIATIONS. amount of less than $10; or NETWORKS IN DISASTERS (a) IN GENERAL.—Section 6 of the Commu- ‘‘(B) in the case of a fee the current nications Act of 1934 (47 U.S.C. 156) is amend- amount of which is $200 or more, the adjust- Sec. 301. Study on network resiliency. ed to read as follows: ment would result in a change in the current Sec. 302. Access to essential service pro- amount of less than 5 percent. viders during federally declared ‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ‘‘(3) CURRENT AMOUNT DEFINED.—In para- emergencies. ‘‘(a) AUTHORIZATION.—There are authorized graph (2), the term ‘current amount’ means, Sec. 303. Definitions. to be appropriated to the Commission to carry out the functions of the Commission with respect to a fee, the amount of the fee TITLE IV—FCC CONSOLIDATED $333,118,000 for fiscal year 2019 and $339,610,000 on the date when the fee was established, the REPORTING for fiscal year 2020. date when the fee was last adjusted under Sec. 401. Communications marketplace re- ‘‘(b) OFFSETTING COLLECTIONS.—The sum paragraph (1), or the date when the fee was port. appropriated in any fiscal year to carry out last amended under subsection (c), whichever Sec. 402. Consolidation of redundant reports; the activities described in subsection (a), to is latest. conforming amendments. the extent and in the amounts provided for ‘‘(c) AMENDMENTS TO SCHEDULE.—In addi- Sec. 403. Effect on authority. in Appropriations Acts, shall be derived from tion to the adjustments required by sub- Sec. 404. Other reports. fees authorized by section 9.’’. section (b), the Commission shall by rule TITLE V—ADDITIONAL PROVISIONS (b) DEPOSITS OF BIDDERS TO BE DEPOSITED amend the schedule of application fees estab- lished under this section if the Commission Sec. 501. Independent Inspector General for IN TREASURY.—Section 309(j)(8)(C) of the determines that the schedule requires FCC. Communications Act of 1934 (47 U.S.C. Sec. 502. Authority of Chief Information Of- 309(j)(8)(C)) is amended— amendment— ficer. (1) in the first sentence, by striking ‘‘an in- ‘‘(1) so that such fees reflect increases or Sec. 503. Spoofing prevention. terest bearing account’’ and all that follows decreases in the costs of processing applica- Sec. 504. Report on promoting broadband and inserting ‘‘the Treasury.’’; tions at the Commission; or Internet access service for vet- (2) in clause (i)— ‘‘(2) so that such schedule reflects the con- erans. (A) by striking ‘‘paid to the Treasury’’ and solidation or addition of new categories of Sec. 505. Methodology for collection of mo- inserting ‘‘deposited in the general fund of applications. bile service coverage data. the Treasury (where such deposits shall be ‘‘(d) EXCEPTIONS.— Sec. 506. Accuracy of dispatchable location used for the sole purpose of deficit reduc- ‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLI- for 9-1-1 calls. tion)’’; and CABLE.—The application fees established Sec. 507. NTIA study on interagency process (B) by striking the semicolon and inserting under this section shall not be applicable following cybersecurity inci- ‘‘; and’’; to— dents. (3) in clause (ii), by striking ‘‘; and’’ and ‘‘(A) a governmental entity; Sec. 508. Tribal digital access. inserting ‘‘, and payments representing the ‘‘(B) a nonprofit entity licensed in the Sec. 509. Terms of office and vacancies. return of such deposits shall not be subject Local Government, Police, Fire, Highway Sec. 510. Submission of copy of certain docu- to administrative offset under section 3716(c) Maintenance, Forestry-Conservation, Public ments to Congress. of title 31, United States Code.’’; and Safety, or Special Emergency Radio radio Sec. 511. Joint board recommendation. (4) by striking clause (iii). services; or Sec. 512. Disclaimer for press releases re- (c) ELIMINATION OF DUPLICATIVE AUTHOR- ‘‘(C) a noncommercial radio station or non- garding notices of apparent li- IZATION OF APPROPRIATIONS.— commercial television station. ability. (1) IN GENERAL.—Section 710 of the Tele- ‘‘(2) COST OF COLLECTION.—If, in the judg- Sec. 513. Reports related to spectrum auc- communications Act of 1996 (Public Law 104– ment of the Commission, the cost of col- tions. 104) is repealed. lecting an application fee established under (2) CONFORMING AMENDMENT.—The table of this section would exceed the amount col- TITLE VI—VIEWER PROTECTION contents in section 2 of such Act is amended lected, the Commission may by rule elimi- Sec. 601. Reserve source for payment of TV by striking the item relating to section 710. nate such fee. broadcaster relocation costs. (d) TRANSFER OF FUNDS.—On the effective ‘‘(e) DEPOSIT OF COLLECTIONS.—Moneys re- Sec. 602. Payment of relocation costs of tele- date described in section 103, any amounts in ceived from application fees established vision translator stations and the account providing appropriations to under this section shall be deposited in the low power television stations. carry out the functions of the Commission general fund of the Treasury.’’. Sec. 603. Payment of relocation costs of FM that were collected in excess of the amounts (b) REGULATORY FEES.—Section 9 of the broadcast stations. provided for in Appropriations Acts in any Communications Act of 1934 (47 U.S.C. 159) is Sec. 604. Consumer education payment. fiscal year prior to such date shall be trans- amended to read as follows: Sec. 605. Implementation and enforcement. ferred to the general fund of the Treasury of ‘‘SEC. 9. REGULATORY FEES. Sec. 606. Rule of construction. the United States for the sole purpose of def- ‘‘(a) GENERAL AUTHORITY.—The Commis- TITLE VII—MOBILE NOW icit reduction. sion shall assess and collect regulatory fees Sec. 701. Short title. SEC. 102. APPLICATION AND REGULATORY FEES. to recover the costs of carrying out the ac- Sec. 702. Definitions. (a) APPLICATION FEES.—Section 8 of the tivities described in section 6(a) only to the Sec. 703. Identifying 255 megahertz. Communications Act of 1934 (47 U.S.C. 158) is extent, and in the total amounts, provided Sec. 704. Millimeter wave spectrum. amended to read as follows: for in Appropriations Acts. Sec. 705. 3 gigahertz spectrum. ‘‘SEC. 8. APPLICATION FEES. ‘‘(b) ESTABLISHMENT OF SCHEDULE.—The Sec. 706. Broadband infrastructure deploy- ‘‘(a) GENERAL AUTHORITY; ESTABLISHMENT Commission shall assess and collect regu- ment. OF SCHEDULE.—The Commission shall assess latory fees at such rates as the Commission

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shall establish in a schedule of regulatory ‘‘(2) of any amendment under section 8(c) ‘‘(f) ACCOUNTING SYSTEM.—The Commission fees that will result in the collection, in each or 9(d) not later than 90 days before the ef- shall develop accounting systems necessary fiscal year, of an amount that can reason- fective date of such amendment. to make the amendments authorized by sec- ably be expected to equal the amounts de- ‘‘(c) ENFORCEMENT.— tions 8(c) and 9(d).’’. scribed in subsection (a) with respect to such ‘‘(1) PENALTIES FOR LATE PAYMENT.—The (d) TRANSITIONAL RULES.— fiscal year. Commission shall by rule prescribe an addi- (1) APPLICATION FEES.—An application fee ‘‘(c) ADJUSTMENT OF SCHEDULE.— tional penalty for late payment of fees under established under section 8 of the Commu- ‘‘(1) IN GENERAL.—For each fiscal year, the section 8 or 9. Such additional penalty shall nications Act of 1934, as such section is in ef- Commission shall by rule adjust the schedule be 25 percent of the amount of the fee that fect on the day before the effective date de- of regulatory fees established under this sec- was not paid in a timely manner. scribed in section 103 of this Act, shall re- tion to— ‘‘(2) INTEREST ON UNPAID FEES AND PEN- main in effect under section 8 of the Commu- ‘‘(A) reflect unexpected increases or de- ALTIES.—The Commission shall charge inter- nications Act of 1934, as amended by sub- creases in the number of units subject to the est, at a rate determined under section 3717 section (a) of this section, until such time as payment of such fees; and of title 31, United States Code, on a fee under the Commission adjusts or amends such fee ‘‘(B) result in the collection of the amount section 8 or 9 or an additional penalty under under subsection (b) or (c) of such section 8, required by subsection (b). this subsection that is not paid in a timely as so amended. ‘‘(2) ROUNDING.—In making adjustments manner. Such section 3717 shall not other- (2) REGULATORY FEES.—A regulatory fee es- under this subsection, the Commission may wise apply with respect to such a fee or pen- tablished under section 9 of the Communica- round fees to the nearest $5 increment. alty. tions Act of 1934, as such section is in effect ‘‘(d) AMENDMENTS TO SCHEDULE.—In addi- ‘‘(3) DISMISSAL OF APPLICATIONS OR FIL- on the day before the effective date described tion to the adjustments required by sub- INGS.—The Commission may dismiss any ap- in section 103 of this Act, shall remain in ef- section (c), the Commission shall by rule plication or other filing for failure to pay in fect under section 9 of the Communications amend the schedule of regulatory fees estab- a timely manner any fee under section 8 or Act of 1934, as amended by subsection (b) of lished under this section if the Commission 9 or any interest or additional penalty under this section, until such time as the Commis- determines that the schedule requires this subsection. sion adjusts or amends such fee under sub- amendment so that such fees reflect the full- ‘‘(4) REVOCATIONS.— section (c) or (d) of such section 9, as so time equivalent number of employees within ‘‘(A) IN GENERAL.—In addition to or in lieu amended. the bureaus and offices of the Commission, of the penalties and dismissals authorized by (e) RULEMAKING TO AMEND SCHEDULE OF adjusted to take into account factors that this subsection, the Commission may revoke REGULATORY FEES.— are reasonably related to the benefits pro- any instrument of authorization held by any (1) IN GENERAL.—Not later than 1 year after vided to the payor of the fee by the Commis- licensee that has not paid in a timely man- the effective date described in section 103, sion’s activities. In making an amendment ner a regulatory fee assessed under section 9 the Commission shall complete a rulemaking under this subsection, the Commission may or any related interest or penalty. proceeding under subsection (d) of section 9 not change the total amount of regulatory ‘‘(B) NOTICE.—Revocation action may be of the Communications Act of 1934, as fees required by subsection (b) to be col- taken by the Commission under this para- amended by subsection (b) of this section. lected in a fiscal year. graph after notice of the Commission’s in- (2) REPORT TO CONGRESS.—If the Commis- ‘‘(e) EXCEPTIONS.— tent to take such action is sent to the li- sion has not completed the rulemaking pro- ‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLI- censee by registered mail, return receipt re- ceeding required by paragraph (1) by the date CABLE.—The regulatory fees established quested, at the licensee’s last known address. that is 6 months after the effective date de- under this section shall not be applicable The notice shall provide the licensee at least scribed in section 103, the Commission shall to— 30 days to either pay the fee, interest, and submit to Congress a report on the progress ‘‘(A) a governmental entity or nonprofit any penalty or show cause why the fee, in- of such rulemaking proceeding. entity; terest, or penalty does not apply to the li- SEC. 103. EFFECTIVE DATE. ‘‘(B) an amateur radio operator licensee censee or should otherwise be waived or pay- This title and the amendments made by under part 97 of the Commission’s rules (47 ment deferred. this title shall take effect on October 1, 2018. C.F.R. part 97); or ‘‘(C) HEARING.— TITLE II—APPLICATION OF ‘‘(C) a noncommercial radio station or non- ‘‘(i) GENERALLY NOT REQUIRED.—A hearing ANTIDEFICIENCY ACT commercial television station. is not required under this paragraph unless SEC. 201. APPLICATION OF ANTIDEFICIENCY ACT ‘‘(2) COST OF COLLECTION.—If, in the judg- the licensee’s response presents a substantial TO UNIVERSAL SERVICE PROGRAM. ment of the Commission, the cost of col- and material question of fact. Section 302 of Public Law 108–494 (118 Stat. lecting a regulatory fee established under ‘‘(ii) EVIDENCE AND BURDENS.—In any case this section from a party would exceed the where a hearing is conducted under this 3998) is amended by striking ‘‘December 31, amount collected from such party, the Com- paragraph, the hearing shall be based on 2018’’ each place it appears and inserting mission may exempt such party from paying written evidence only, and the burden of pro- ‘‘December 31, 2019’’. such fee. ceeding with the introduction of evidence TITLE III—SECURING ACCESS TO ‘‘(f) DEPOSIT OF COLLECTIONS.— and the burden of proof shall be on the li- NETWORKS IN DISASTERS ‘‘(1) IN GENERAL.—Amounts received from censee. SEC. 301. STUDY ON NETWORK RESILIENCY. fees authorized by this section shall be de- ‘‘(iii) COSTS.—Unless the licensee substan- Not later than 36 months after the date of posited as an offsetting collection in, and tially prevails in the hearing, the Commis- enactment of this Act, the Commission shall credited to, the account through which funds sion may assess the licensee for the costs of submit to Congress, and make publically are made available to carry out the activi- such hearing. available on the Commission’s website, a ties described in section 6(a). ‘‘(D) OPPORTUNITY TO PAY PRIOR TO REVOCA- study on the public safety benefits and tech- ‘‘(2) DEPOSIT OF EXCESS COLLECTIONS.—Any TION.—Any Commission order adopted under nical feasibility and cost of— regulatory fees collected in excess of the this paragraph shall determine the amount (1) making telecommunications service total amount of fees provided for in Appro- due, if any, and provide the licensee with at provider-owned WiFi access points, and other priations Acts for a fiscal year shall be de- least 30 days to pay that amount or have its communications technologies operating on posited in the general fund of the Treasury authorization revoked. unlicensed spectrum, available to the gen- of the United States for the sole purpose of ‘‘(E) FINALITY.—No order of revocation eral public for access to 9–1–1 services, with- deficit reduction.’’. under this paragraph shall become final until out requiring any login credentials, during (c) PROVISIONS APPLICABLE TO APPLICATION the licensee has exhausted its right to judi- times of emergency when mobile service is AND REGULATORY FEES.—Title I of the Com- cial review of such order under section unavailable; munications Act of 1934 (47 U.S.C. 151 et seq.) 402(b)(5). (2) the provision by non-telecommuni- is amended by inserting after section 9 the ‘‘(d) WAIVER, REDUCTION, AND cations service provider-owned WiFi access following: DEFERMENT.—The Commission may waive, points of public access to 9–1–1 services dur- ‘‘SEC. 9A. PROVISIONS APPLICABLE TO APPLICA- reduce, or defer payment of a fee under sec- ing times of emergency when mobile service TION AND REGULATORY FEES. tion 8 or 9 or an interest charge or penalty is unavailable; and ‘‘(a) JUDICIAL REVIEW PROHIBITED.—Any ad- under this section in any specific instance (3) other alternative means of providing justment or amendment to a schedule of fees for good cause shown, where such action the public with access to 9–1–1 services dur- under subsection (b) or (c) of section 8 or would promote the public interest. ing times of emergency when mobile service subsection (c) or (d) of section 9 is not sub- ‘‘(e) PAYMENT RULES.—The Commission is unavailable. ject to judicial review. shall by rule permit payment— SEC. 302. ACCESS TO ESSENTIAL SERVICE PRO- ‘‘(b) NOTICE TO CONGRESS.—The Commis- ‘‘(1) in the case of fees under section 8 or 9 VIDERS DURING FEDERALLY DE- sion shall transmit to Congress notifica- in large amounts, by installments; and CLARED EMERGENCIES. tion— ‘‘(2) in the case of fees under section 8 or 9 Section 427(a) of the Robert T. Stafford ‘‘(1) of any adjustment under section 8(b) in small amounts, in advance for a number of Disaster Relief and Emergency Assistance or 9(c) immediately upon the adoption of years not to exceed the term of the license Act (42 U.S.C. 5189e(a)) is amended— such adjustment; and held by the payor. (1) in paragraph (1)—

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(A) in subparagraph (A), by striking ‘‘tele- scribed pursuant to paragraph (4) in the pre- (1) IN GENERAL.—Section 4 of the Commu- communications service’’ and inserting vious report submitted under this section. nications Act of 1934 (47 U.S.C. 154) is amend- ‘‘wireline or mobile telephone service, Inter- ‘‘(c) EXTENSION.—If the President des- ed— net access service, radio or television broad- ignates a Commissioner as Chairman of the (A) by striking subsection (k); and casting, cable service, or direct broadcast Commission during the last quarter of an (B) by redesignating subsections (l) satellite service’’; even-numbered year, the portion of the re- through (o) as subsections (k) through (n), (B) in subparagraph (E), by striking the port required by subsection (b)(4) may be respectively. semicolon and inserting ‘‘; or’’; and published on the website of the Commission (2) CONFORMING AMENDMENT.—Section (C) by redesignating subparagraphs (A) and submitted to the Committee on Energy 309(j)(8)(B) of the Communications Act of through (E) as clauses (i) through (v), respec- and Commerce of the House of Representa- 1934 (47 U.S.C. 309(j)(8)(B)) is amended by tively; and tives and the Committee on Commerce, striking the last sentence. (2) by striking ‘‘(1) provides’’ and inserting Science, and Transportation of the Senate as (i) ADDITIONAL OUTDATED REPORTS.—The ‘‘(1)(A) provides’’. an addendum during the first quarter of the Communications Act of 1934 is further SEC. 303. DEFINITIONS. following odd-numbered year. amended— As used in this title— ‘‘(d) SPECIAL REQUIREMENTS.— (1) in section 4— (1) the term ‘‘mobile service’’ means com- ‘‘(1) ASSESSING COMPETITION.—In assessing (A) in subsection (b)(2)(B)(ii), by striking mercial mobile service (as defined in section the state of competition under subsection ‘‘and shall furnish notice of such action’’ and 332 of the Communications Act of 1934 (47 (b)(1), the Commission shall consider all all that follows through ‘‘subject of the U.S.C. 332)) or commercial mobile data serv- forms of competition, including the effect of waiver’’; and ice (as defined in section 6001 of the Middle intermodal competition, facilities-based (B) in subsection (g), by striking paragraph Class Tax Relief and Job Creation Act of 2012 competition, and competition from new and (2); (47 U.S.C. 1401)); emergent communications services, includ- (2) in section 215— (2) the term ‘‘WiFi access point’’ means ing the provision of content and communica- (A) by striking subsection (b); and wireless Internet access using the standard tions using the Internet. (B) by redesignating subsection (c) as sub- designated as 802.11 or any variant thereof; ‘‘(2) ASSESSING DEPLOYMENT.—In assessing section (b); and the state of deployment under subsection (3) in section 227(e), by striking paragraph (3) the term ‘‘times of emergency’’ means (b)(2), the Commission shall compile a list of (4); either an emergency as defined in section 102 geographical areas that are not served by (4) in section 309(j)— of the Robert T. Stafford Disaster Relief and any provider of advanced telecommuni- (A) by striking paragraph (12); and Emergency Assistance Act (42 U.S.C. 5122), or cations capability. (B) in paragraph (15)(C), by striking clause an emergency as declared by the governor of ‘‘(3) CONSIDERING SMALL BUSINESSES.—In (iv); a State or territory of the United States. assessing the state of competition under sub- (5) in section 331(b), by striking the last TITLE IV—FCC CONSOLIDATED section (b)(1) and regulatory barriers under sentence; REPORTING subsection (b)(3), the Commission shall con- (6) in section 336(e), by amending para- sider market entry barriers for entre- SEC. 401. COMMUNICATIONS MARKETPLACE RE- graph (4) to read as follows: preneurs and other small businesses in the PORT. ‘‘(4) REPORT.—The Commission shall annu- Title I of the Communications Act of 1934 communications marketplace in accordance ally advise the Congress on the amounts col- (47 U.S.C. 151 et seq.) is amended by adding with the national policy under section lected pursuant to the program required by at the end the following: 257(b).’’. this subsection.’’; ‘‘SEC. 13. COMMUNICATIONS MARKETPLACE RE- SEC. 402. CONSOLIDATION OF REDUNDANT RE- (7) in section 339(c), by striking paragraph PORT. PORTS; CONFORMING AMEND- (1); MENTS. ‘‘(a) IN GENERAL.—In the last quarter of (8) in section 396— every even-numbered year, the Commission (a) ORBIT ACT REPORT.—Section 646 of the Communications Satellite Act of 1962 (47 (A) by striking subsection (i); shall publish on its website and submit to (B) in subsection (k)— the Committee on Energy and Commerce of U.S.C. 765e; 114 Stat. 57) is repealed. (b) SATELLITE COMPETITION REPORT.—Sec- (i) in paragraph (1), by striking subpara- the House of Representatives and the Com- tion 4 of Public Law 109–34 (47 U.S.C. 703) is graph (F); and mittee on Commerce, Science, and Transpor- (ii) in paragraph (3)(B)(iii), by striking sub- tation of the Senate a report on the state of repealed. (c) INTERNATIONAL BROADBAND DATA RE- clause (V); the communications marketplace. PORT.—Section 103(b)(1) of the Broadband (C) in subsection (l)(1)(B), by striking ‘‘(b) CONTENTS.—Each report required by ‘‘shall be included’’ and all that follows subsection (a) shall— Data Improvement Act (47 U.S.C. 1303(b)(1)) through ‘‘The audit report’’; and ‘‘(1) assess the state of competition in the is amended by striking ‘‘the assessment and (D) by striking subsection (m); communications marketplace, including report’’ and all that follows through ‘‘Fed- (9) in section 398(b)(4), by striking the third competition to deliver voice, video, audio, eral Communications Commission’’ and in- sentence; and data services among providers of tele- serting ‘‘its report under section 13 of the (10) in section 624A(b)(1)— communications, providers of commercial Communications Act of 1934, the Federal (A) by striking ‘‘REPORT; REGULATIONS’’ mobile service (as defined in section 332), Communications Commission’’. (d) STATUS OF COMPETITION IN THE MARKET and inserting ‘‘REGULATIONS’’; multichannel video programming distribu- FOR THE DELIVERY OF VIDEO PROGRAMMING tors (as defined in section 602), broadcast sta- (B) by striking ‘‘Within 1 year after’’ and REPORT.—Section 628 of the Communications tions, providers of satellite communications, all that follows through ‘‘on means of assur- Act of 1934 (47 U.S.C. 548) is amended— Internet service providers, and other pro- ing’’ and inserting ‘‘The Commission shall (1) by striking subsection (g); viders of communications services; issue such regulations as are necessary to as- (2) by redesignating subsection (j) as sub- ‘‘(2) assess the state of deployment of com- sure’’; and section (g); and munications capabilities, including advanced (C) by striking ‘‘Within 180 days after’’ and (3) by transferring subsection (g) (as redes- telecommunications capability (as defined in all that follows through ‘‘to assure such ignated) so that it appears after subsection section 706 of the Telecommunications Act of compatibility.’’; and (f). 1996 (47 U.S.C. 1302)), regardless of the tech- (11) in section 713, by striking subsection (e) REPORT ON CABLE INDUSTRY PRICES.— nology used for such deployment; (a). Section 623(k) of the Communications Act of SEC. 403. EFFECT ON AUTHORITY. ‘‘(3) assess whether laws, regulations, regu- 1934 (47 U.S.C. 543(k)) is amended— latory practices (whether those of the Fed- Nothing in this title or the amendments (1) in paragraph (1), by striking ‘‘annually made by this title shall be construed to ex- eral Government, States, political subdivi- publish’’ and inserting ‘‘publish with its re- sions of States, Indian tribes or tribal orga- pand or contract the authority of the Com- port under section 13’’; and mission. nizations (as such terms are defined in sec- (2) in the heading of paragraph (2), by tion 4 of the Indian Self-Determination and SEC. 404. OTHER REPORTS. striking ‘‘ANNUAL’’. Education Assistance Act (25 U.S.C. 5304)), or Nothing in this title or the amendments (f) TRIENNIAL REPORT IDENTIFYING AND made by this title shall be construed to pro- foreign governments), or demonstrated mar- ELIMINATING MARKET ENTRY BARRIERS FOR hibit or otherwise prevent the Commission ketplace practices pose a barrier to competi- ENTREPRENEURS AND OTHER SMALL BUSI- from producing any additional reports other- tive entry into the communications market- NESSES.—Section 257 of the Communications wise within the authority of the Commis- place or to the competitive expansion of ex- Act of 1934 (47 U.S.C. 257) is amended by sion. isting providers of communications services; striking subsection (c). ‘‘(4) describe the agenda of the Commission (g) STATE OF COMPETITIVE MARKET CONDI- TITLE V—ADDITIONAL PROVISIONS for the next 2-year period for addressing the TIONS WITH RESPECT TO COMMERCIAL MOBILE SEC. 501. INDEPENDENT INSPECTOR GENERAL challenges and opportunities in the commu- RADIO SERVICES.—Section 332(c)(1)(C) of the FOR FCC. nications marketplace that were identified Communications Act of 1934 (47 U.S.C. (a) AMENDMENTS.—The Inspector General through the assessments under paragraphs 332(c)(1)(C)) is amended by striking the first Act of 1978 (5 U.S.C. App.) is amended— (1) through (3); and and second sentences. (1) in section 8G(a)(2), by striking ‘‘the ‘‘(5) describe the actions that the Commis- (h) PREVIOUSLY ELIMINATED ANNUAL RE- Federal Communications Commission,’’; and sion has taken in pursuit of the agenda de- PORT.— (2) in section 12—

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(A) in paragraph (1), by inserting ‘‘, the ‘‘(ii) includes a short message service (3) UPDATES.—The Commission shall en- Federal Communications Commission,’’ after (commonly referred to as ‘SMS’) message sure that the consumer education materials ‘‘the Chairman of the Nuclear Regulatory and a multimedia message service (com- required under paragraph (1) are updated on Commission’’; and monly referred to as ‘MMS’) message; and a regular basis. (B) in paragraph (2), by inserting ‘‘the Fed- ‘‘(iii) does not include— (4) WEBSITE.—The Commission shall in- eral Communications Commission,’’ after ‘‘(I) a real-time, two-way voice or video clude the consumer education materials de- ‘‘the Environmental Protection Agency,’’. communication; or veloped under paragraph (1) on its website. (b) TRANSITION RULE.—An individual serv- ‘‘(II) a message sent over an IP-enabled (c) GAO REPORT ON COMBATING THE FRAUD- ing as Inspector General of the Commission messaging service to another user of the ULENT PROVISION OF MISLEADING OR INAC- on the date of the enactment of this Act pur- same messaging service, except a message CURATE CALLER IDENTIFICATION INFORMA- suant to an appointment made under section described in clause (ii). TION.— 8G of the Inspector General Act of 1978 (5 ‘‘(D) TEXT MESSAGING SERVICE.—The term (1) IN GENERAL.—The Comptroller General U.S.C. App.)— ‘text messaging service’ means a service that of the United States shall conduct a study of (1) may continue so serving until the Presi- enables the transmission or receipt of a text the actions the Commission and the Federal dent makes an appointment under section message, including a service provided as part Trade Commission have taken to combat the 3(a) of such Act with respect to the Commis- of or in connection with a voice service. fraudulent provision of misleading or inac- sion consistent with the amendments made ‘‘(E) VOICE SERVICE.—The term ‘voice serv- curate caller identification information, and by subsection (a); and ice’— the additional measures that could be taken (2) shall, while serving under paragraph (1), ‘‘(i) means any service that is inter- to combat such activity. remain subject to the provisions of section connected with the public switched tele- (2) REQUIRED CONSIDERATIONS.—In con- 8G of such Act which, immediately before phone network and that furnishes voice com- ducting the study under paragraph (1), the the date of the enactment of this Act, ap- munications to an end user using resources Comptroller General shall examine— plied with respect to the Inspector General from the North American Numbering Plan or (A) trends in the types of scams that rely of the Commission and suffer no reduction in any successor to the North American Num- on misleading or inaccurate caller identifica- pay. bering Plan adopted by the Commission tion information; SEC. 502. AUTHORITY OF CHIEF INFORMATION under section 251(e)(1); and (B) previous and current enforcement ac- OFFICER. ‘‘(ii) includes transmissions from a tele- tions by the Commission and the Federal (a) IN GENERAL.—The Commission shall en- phone facsimile machine, computer, or other Trade Commission to combat the practices sure that the Chief Information Officer of device to a telephone facsimile machine.’’. prohibited by section 227(e)(1) of the Commu- the Commission has a significant role in— (3) TECHNICAL AMENDMENT.—Section 227(e) nications Act of 1934 (47 U.S.C. 227(e)(1)); (1) the decision-making process for annual of the Communications Act of 1934 (47 U.S.C. (C) current efforts by industry groups and and multi-year planning, programming, 227(e)) is amended in the heading by insert- other entities to develop technical standards budgeting, and execution decisions, related ing ‘‘MISLEADING OR’’ before ‘‘INACCURATE’’. to deter or prevent the fraudulent provision reporting requirements, and reports related (4) REGULATIONS.— of misleading or inaccurate caller identifica- to information technology; (A) IN GENERAL.—Section 227(e)(3)(A) of the tion information, and how such standards (2) the management, governance, and over- Communications Act of 1934 (47 U.S.C. may help combat the current and future pro- sight processes related to information tech- 227(e)(3)(A)) is amended by striking ‘‘Not vision of misleading or inaccurate caller nology; and later than 6 months after the date of enact- identification information; and (3) the hiring of personnel with informa- ment of the Truth in Caller ID Act of 2009, (D) whether there are additional actions tion technology responsibilities. the Commission’’ and inserting ‘‘The Com- the Commission, the Federal Trade Commis- (b) CIO APPROVAL.—The Chief Information mission’’. Officer of the Commission, in consultation sion, and Congress should take to combat with the Chief Financial Officer of the Com- (B) DEADLINE.—The Commission shall pre- the fraudulent provision of misleading or in- mission and budget officials, shall specify scribe regulations to implement the amend- accurate caller identification information. and approve the allocation of amounts ap- ments made by this subsection not later (3) REPORT.—Not later than 18 months propriated to the Commission for informa- than 18 months after the date of enactment after the date of enactment of this Act, the tion technology, consistent with the provi- of this Act. Comptroller General shall submit to the sions of appropriations Acts, budget guide- (5) EFFECTIVE DATE.—The amendments Committee on Energy and Commerce of the lines, and recommendations from the Direc- made by this subsection shall take effect on House of Representatives and the Committee tor of the Office of Management and Budget. the date that is 6 months after the date on on Commerce, Science, and Transportation SEC. 503. SPOOFING PREVENTION. which the Commission prescribes regulations of the Senate a report on the findings of the (a) EXPANDING AND CLARIFYING PROHIBITION under paragraph (4). study under paragraph (1), including any rec- ON MISLEADING OR INACCURATE CALLER IDEN- (b) CONSUMER EDUCATION MATERIALS ON ommendations regarding combating the TIFICATION INFORMATION.— HOW TO AVOID SCAMS THAT RELY UPON MIS- fraudulent provision of misleading or inac- (1) COMMUNICATIONS FROM OUTSIDE THE LEADING OR INACCURATE CALLER IDENTIFICA- curate caller identification information. UNITED STATES.—Section 227(e)(1) of the Com- TION INFORMATION.— (d) RULE OF CONSTRUCTION.—Nothing in munications Act of 1934 (47 U.S.C. 227(e)(1)) is (1) DEVELOPMENT OF MATERIALS.—Not later this section, or the amendments made by amended by striking ‘‘in connection with than 1 year after the date of enactment of this section, shall be construed to modify, any telecommunications service or IP-en- this Act, the Commission, in coordination limit, or otherwise affect any rule or order abled voice service’’ and inserting ‘‘or any with the Federal Trade Commission, shall adopted by the Commission in connection person outside the United States if the re- develop consumer education materials that with— cipient is within the United States, in con- provide information about— (1) the Telephone Consumer Protection Act nection with any voice service or text mes- (A) ways for consumers to identify scams of 1991 (Public Law 102–243; 105 Stat. 2394) or saging service’’. and other fraudulent activity that rely upon the amendments made by that Act; or (2) COVERAGE OF TEXT MESSAGES AND VOICE the use of misleading or inaccurate caller (2) the CAN–SPAM Act of 2003 (15 U.S.C. SERVICES.—Section 227(e)(8) of the Commu- identification information; and 7701 et seq.). nications Act of 1934 (47 U.S.C. 227(e)(8)) is (B) existing technologies, if any, that a SEC. 504. REPORT ON PROMOTING BROADBAND amended— consumer can use to protect against such INTERNET ACCESS SERVICE FOR (A) in subparagraph (A), by striking ‘‘tele- scams and other fraudulent activity. VETERANS. communications service or IP-enabled voice (2) CONTENTS.—In developing the consumer (a) VETERAN DEFINED.—In this section, the service’’ and inserting ‘‘voice service or a education materials under paragraph (1), the term ‘‘veteran’’ has the meaning given the text message sent using a text messaging Commission shall— term in section 101 of title 38, United States service’’; (A) identify existing technologies, if any, Code. (B) in the first sentence of subparagraph that can help consumers guard themselves (b) REPORT REQUIRED.—Not later than 1 (B), by striking ‘‘telecommunications service against scams and other fraudulent activity year after the date of the enactment of this or IP-enabled voice service’’ and inserting that rely upon the use of misleading or inac- Act, the Commission shall submit to Con- ‘‘voice service or a text message sent using a curate caller identification information, in- gress a report on promoting broadband Inter- text messaging service’’; and cluding— net access service for veterans, in particular (C) by striking subparagraph (C) and in- (i) descriptions of how a consumer can use low-income veterans and veterans residing in serting the following: the technologies to protect against such rural areas. In such report, the Commission ‘‘(C) TEXT MESSAGE.—The term ‘text mes- scams and other fraudulent activity; and shall— sage’— (ii) details on how consumers can access (1) examine such access and how to pro- ‘‘(i) means a message consisting of text, and use the technologies; and mote such access; and images, sounds, or other information that is (B) provide other information that may (2) provide findings and recommendations transmitted to or from a device that is iden- help consumers identify and avoid scams and for Congress with respect to such access and tified as the receiving or transmitting device other fraudulent activity that rely upon the how to promote such access. by means of a 10-digit telephone number or use of misleading or inaccurate caller identi- (c) PUBLIC NOTICE AND OPPORTUNITY TO N11 service code; fication information. COMMENT.—In preparing the report required

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.007 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1403 by subsection (b), the Commission shall pro- dress of the calling party, and additional in- ‘‘(3) No vacancy in the Commission shall vide the public with notice and an oppor- formation such as room number, floor num- impair the right of the remaining commis- tunity to comment on broadband Internet ber, or similar information necessary to ade- sioners to exercise all the powers of the Com- access service for veterans, in particular quately identify the location of the calling mission.’’. low-income veterans and veterans residing in party. SEC. 510. SUBMISSION OF COPY OF CERTAIN rural areas, and how to promote such access. SEC. 507. NTIA STUDY ON INTERAGENCY PROC- DOCUMENTS TO CONGRESS. SEC. 505. METHODOLOGY FOR COLLECTION OF ESS FOLLOWING CYBERSECURITY Section 4 of the Communications Act of MOBILE SERVICE COVERAGE DATA. INCIDENTS. 1934, as amended by section 402(h), is further (a) DEFINITIONS.—In this section— (a) IN GENERAL.—The Assistant Secretary amended by adding at the end the following: (1) the term ‘‘commercial mobile data serv- of Commerce for Communications and Infor- ‘‘(o) BUDGET ESTIMATES AND REQUESTS; ice’’ has the meaning given the term in sec- mation shall complete a study on how the LEGISLATIVE RECOMMENDATIONS, TESTIMONY, tion 6001 of the Middle Class Tax Relief and National Telecommunications and Informa- AND COMMENTS ON LEGISLATION; SEMIANNUAL Job Creation Act of 2012 (47 U.S.C. 1401); tion Administration can best coordinate the REPORTS.— (2) the term ‘‘commercial mobile service’’ interagency process following cybersecurity ‘‘(1) BUDGET ESTIMATES AND REQUESTS.—If has the meaning given the term in section incidents. the Commission submits any budget esti- 332(d) of the Communications Act of 1934 (47 (b) REPORT TO CONGRESS.—Not later than mate or request to the President or the Of- U.S.C. 332(d)); 18 months after the date of the enactment of fice of Management and Budget, the Com- (3) the term ‘‘coverage data’’ means, if this Act, the Assistant Secretary shall sub- mission shall concurrently transmit a copy mit to the Committee on Energy and Com- commercial mobile service or commercial of that estimate or request to Congress. merce of the House of Representatives and mobile data service is available, general in- ‘‘(2) LEGISLATIVE RECOMMENDATIONS, TESTI- the Committee on Commerce, Science, and formation about the service, which may in- MONY, AND COMMENTS ON LEGISLATION.— Transportation of the Senate a report detail- clude available speed tiers, radio frequency ‘‘(A) IN GENERAL.—If the Commission sub- ing the findings and recommendations of the signal levels, and network and performance mits any legislative recommendations, testi- study conducted under subsection (a). characteristics; and mony, or comments on legislation to the (4) the term ‘‘Universal Service program’’ SEC. 508. TRIBAL DIGITAL ACCESS. President or the Office of Management and (a) TRIBAL BROADBAND DATA REPORT.— means the universal service support mecha- Budget, the Commission shall concurrently (1) IN GENERAL.—Not later than 1 year after nisms established under section 254 of the transmit a copy thereof to Congress. the date of the enactment of this Act, the Communications Act of 1934 (47 U.S.C. 254) ‘‘(B) PROHIBITION.—No officer or agency of Commission shall submit to the Committee and the regulations issued under that sec- the United States may require the Commis- on Energy and Commerce of the House of tion. sion to submit legislative recommendations, Representatives and the Committee on Com- (b) METHODOLOGY ESTABLISHED.—Not later testimony, or comments on legislation to merce, Science, and Transportation of the than 180 days after the conclusion of the Mo- any officer or agency of the United States Senate a report evaluating broadband cov- bility Fund Phase II Auction, the Commis- for approval, comments, or review prior to erage in Indian country (as defined in section sion shall promulgate regulations to estab- the submission of the recommendations, tes- 1151 of title 18, United States Code) and on lish a methodology that shall apply to the timony, or comments to Congress. land held by a Native Corporation pursuant collection of coverage data by the Commis- ‘‘(3) OFFICE OF INSPECTOR GENERAL SEMI- to the Alaska Native Claims Settlement Act. sion for the purposes of— ANNUAL REPORTS.— (2) REQUIRED ASSESSMENTS.—The report re- (1) the Universal Service program; or ‘‘(A) IN GENERAL.—Notwithstanding section quired by paragraph (1) shall include the fol- (2) any other similar program. 5(b) of the Inspector General Act of 1978 (5 EQUIREMENTS.—The methodology es- lowing: (c) R U.S.C. App.), the Inspector General of the tablished under subsection (b) shall— (A) An assessment of areas of Indian coun- Commission shall concurrently submit each (1) contain standard definitions for dif- try (as so defined) and land held by a Native semiannual report required under such sec- ferent available technologies such as 2G, 3G, Corporation pursuant to the Alaska Native tion 5(b) to the Commission and to the ap- 4G, and 4G LTE; Claims Settlement Act that have adequate propriate committees or subcommittees of (2) enhance the consistency and robustness broadband coverage. Congress. of how the data are collected by different (B) An assessment of unserved areas of In- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in parties; dian country (as so defined) and land held by subparagraph (A) shall be construed to mod- (3) improve the validity and reliability of a Native Corporation pursuant to the Alaska ify the requirement for the Commission to coverage data; and Native Claims Settlement Act. submit to the appropriate committees or (4) increase the efficiency of coverage data (b) TRIBAL BROADBAND PROCEEDING.—Not subcommittees of Congress each such semi- collection. later than 30 months after the date of the en- actment of this Act, the Commission shall annual report together with a report by the SEC. 506. ACCURACY OF DISPATCHABLE LOCA- Commission under such section 5(b).’’. TION FOR 9-1-1 CALLS. complete a proceeding to address the (a) PROCEEDING REQUIRED.—Not later than unserved areas identified in the report under SEC. 511. JOINT BOARD RECOMMENDATION. 18 months after the date of the enactment of subsection (a). The Commission may not modify, amend, this Act, the Commission shall conclude a SEC. 509. TERMS OF OFFICE AND VACANCIES. or change its rules or regulations for uni- proceeding to consider adopting rules to en- Section 4(c) of the Communications Act of versal service support payments to imple- sure that the dispatchable location is con- 1934 (47 U.S.C. 154(c)) is amended to read as ment the February 27, 2004, recommenda- veyed with a 9-1-1 call, regardless of the follows: tions of the Federal-State Joint Board on technological platform used and including ‘‘(c)(1) A commissioner— Universal Service regarding single connec- with calls from multi-line telephone systems ‘‘(A) shall be appointed for a term of 5 tion or primary line restrictions on universal (as defined in section 6502 of the Middle Class years; service support payments. Tax Relief and Job Creation Act of 2012 (47 ‘‘(B) except as provided in subparagraph SEC. 512. DISCLAIMER FOR PRESS RELEASES RE- U.S.C. 1471)). (C), may continue to serve after the expira- GARDING NOTICES OF APPARENT LI- (b) RELATIONSHIP TO OTHER PROCEEDINGS.— tion of the fixed term of office of the com- ABILITY. In conducting the proceeding required by missioner until a successor is appointed and The Commission shall include in any press subsection (a), the Commission may consider has been confirmed and taken the oath of of- release regarding the issuance of a notice of information and conclusions from other fice; and apparent liability under section 503(b)(4) of Commission proceedings regarding the accu- ‘‘(C) may not continue to serve after the the Communications Act of 1934 (47 U.S.C. racy of the dispatchable location for a 9-1-1 expiration of the session of Congress that be- 503(b)(4)) a disclaimer informing consumers call, but nothing in this section shall be con- gins after the expiration of the fixed term of that— strued to require the Commission to recon- office of the commissioner. (1) the issuance of a notice of apparent li- sider any information or conclusion from a ‘‘(2) Any person chosen to fill a vacancy in ability should be treated only as allegations; proceeding regarding the accuracy of the the Commission— and dispatchable location for a 9-1-1 call in which ‘‘(A) shall be appointed for the unexpired (2) the amount of any forfeiture penalty the Commission has adopted rules or issued term of the commissioner that the person proposed in a notice of apparent liability an order before the date of the enactment of succeeds; represents the maximum penalty that the this Act. ‘‘(B) except as provided in subparagraph Commission may impose for the violations (c) DEFINITIONS.—In this section: (C), may continue to serve after the expira- alleged in the notice of apparent liability. (1) 9-1-1 CALL.—The term ‘‘9-1-1 call’’ means tion of the fixed term of office of the com- SEC. 513. REPORTS RELATED TO SPECTRUM AUC- a voice call that is placed, or a message that missioner that the person succeeds until a TIONS. is sent by other means of communication, to successor is appointed and has been con- (a) ESTIMATE OF UPCOMING AUCTIONS.—Sec- a public safety answering point (as defined in firmed and taken the oath of office; and tion 309(j) of the Communications Act of 1934 section 222 of the Communications Act of ‘‘(C) may not continue to serve after the (47 U.S.C. 309(j)) is amended by adding at the 1934 (47 U.S.C. 222)) for the purpose of re- expiration of the session of Congress that be- end the following: questing emergency services. gins after the expiration of the fixed term of ‘‘(18) ESTIMATE OF UPCOMING AUCTIONS.— (2) DISPATCHABLE LOCATION.—The term office of the commissioner that the person ‘‘(A) Not later than September 30, 2018, and ‘‘dispatchable location’’ means the street ad- succeeds. annually thereafter, the Commission shall

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.007 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1404 CONGRESSIONAL RECORD — HOUSE March 6, 2018 make publicly available an estimate of what (b)(4)(A)(ii) of such section 6403 have been lator station or low power television station systems of competitive bidding authorized made before July 3, 2022, the Commission on or after January 1, 2017, in order for such under this subsection may be initiated dur- shall submit to the Secretary of the Treas- station to relocate its television service ing the upcoming 12-month period. ury a certification that all such reimburse- from one channel to another channel or oth- ‘‘(B) The estimate under subparagraph (A) ments have been made. erwise modify its facility as a result of the shall, to the extent possible, identify the (d) ADMINISTRATIVE COSTS.—The amount of reorganization of broadcast television spec- bands of frequencies the Commission expects auction proceeds that the salaries and ex- trum under subsection (b) of section 6403 of to be included in each such system of com- penses account of the Commission is re- the Middle Class Tax Relief and Job Creation petitive bidding.’’. quired to retain under section 309(j)(8)(B) of Act of 2012 (47 U.S.C. 1452). (b) AUCTION EXPENDITURE JUSTIFICATION the Communications Act of 1934 (47 U.S.C. (3) UNUSED FUNDS RESCINDED AND DEPOS- REPORT.—Not later than April 1, 2019, and 309(j)(8)(B)), including from the proceeds of ITED INTO THE GENERAL FUND OF THE TREAS- annually thereafter, the Commission shall the forward auction under section 6403 of the URY.— provide to the appropriate committees of Middle Class Tax Relief and Job Creation (A) RESCISSION AND DEPOSIT.—If any unob- Congress a report containing a detailed jus- Act of 2012 (47 U.S.C. 1452), shall be sufficient ligated amounts remain in the Translator tification for the use of proceeds retained by to cover the administrative costs incurred by and Low Power Station Relocation Fund the Commission under section 309(j)(8)(B) of the Commission in making any reimburse- after the date described in subparagraph (B), the Communications Act of 1934 (47 U.S.C. ments out of the Broadcast Repack Fund. such amounts shall be rescinded and depos- 309(j)(8)(B)) for the costs of developing and SEC. 602. PAYMENT OF RELOCATION COSTS OF ited into the general fund of the Treasury, implementing the program required by sec- TELEVISION TRANSLATOR STATIONS where such amounts shall be dedicated for tion 309(j) of that Act. AND LOW POWER TELEVISION STA- the sole purpose of deficit reduction. (c) DEFINITION.—For purposes of this sec- TIONS. (B) DATE DESCRIBED.—The date described in (a) PAYMENT REQUIRED.— tion, the term ‘‘appropriate committees of this subparagraph is the earlier of— (1) IN GENERAL.—From amounts made Congress’’ means— (i) the date of a certification by the Com- (1) the Committee on Commerce, Science, available under subsection (b)(2), the Com- mission under subparagraph (C) that all re- and Transportation of the Senate; mission shall reimburse costs reasonably in- imbursements pursuant to subsection (a)(1) (2) the Committee on Appropriations of the curred by a television translator station or have been made; or Senate; low power television station on or after Jan- (ii) July 3, 2023. (3) the Committee on Energy and Com- uary 1, 2017, in order for such station to relo- (C) CERTIFICATION.—If all reimbursements merce of the House of Representatives; and cate its television service from one channel pursuant to subsection (a)(1) have been made (4) the Committee on Appropriations of the to another channel or otherwise modify its before July 3, 2023, the Commission shall House of Representatives. facility as a result of the reorganization of submit to the Secretary of the Treasury a broadcast television spectrum under sub- TITLE VI—VIEWER PROTECTION certification that all such reimbursements section (b) of section 6403 of the Middle Class SEC. 601. RESERVE SOURCE FOR PAYMENT OF TV have been made. Tax Relief and Job Creation Act of 2012 (47 BROADCASTER RELOCATION COSTS. (c) ADMINISTRATIVE COSTS.—The amount of (a) ESTABLISHMENT OF FUND.—There is es- U.S.C. 1452). Only stations that are eligible auction proceeds that the salaries and ex- tablished in the Treasury of the United to file and do file an application in the Com- penses account of the Commission is re- States a fund to be known as the Broadcast mission’s Special Displacement Window are quired to retain under section 309(j)(8)(B) of Repack Fund. eligible to seek reimbursement under this the Communications Act of 1934 (47 U.S.C. (b) AVAILABILITY OF FUNDS.— paragraph. 309(j)(8)(B)), including from the proceeds of (1) IN GENERAL.—If the Commission makes (2) LIMITATION.—The Commission may not the forward auction under section 6403 of the the certification described in paragraph (2), make reimbursements under paragraph (1) Middle Class Tax Relief and Job Creation amounts in the Broadcast Repack Fund shall for lost revenues. Act of 2012 (47 U.S.C. 1452), shall be sufficient be available to the Commission to make re- (3) DUPLICATIVE PAYMENTS PROHIBITED.—In to cover the administrative costs incurred by imbursements pursuant to subsection the case of a low power television station the Commission in making any reimburse- (b)(4)(A)(i) or (b)(4)(A)(ii) of section 6403 of that has been accorded primary status as a ments out of the Translator and Low Power the Middle Class Tax Relief and Job Creation Class A television licensee under section Station Relocation Fund. Act of 2012 (47 U.S.C. 1452). 73.6001(a) of title 47, Code of Federal Regula- (d) DEFINITIONS.—In this section: (2) CERTIFICATION.—The certification de- tions— (1) LOW POWER TELEVISION STATION.—The scribed in this paragraph is a certification (A) if the licensee of such station has re- term ‘‘low power television station’’ means a from the Commission to the Secretary of the ceived reimbursement with respect to such low power TV station (as defined in section Treasury that the funds available in the TV station under subsection (b)(4)(A)(i) of such 74.701 of title 47, Code of Federal Regula- Broadcaster Relocation Fund established section 6403 (including from amounts made tions) that was licensed and transmitting for under subsection (d) of such section are like- available under section 601 of this title), or at least 9 of the 12 months prior to April 13, ly to be insufficient to reimburse reasonably from any other source, such station may not 2017. For purposes of the preceding sentence, incurred costs described in subsection receive reimbursement under paragraph (1); the operation of analog and digital com- (b)(4)(A)(i) or (b)(4)(A)(ii) of such section. and panion facilities may be combined. (3) AVAILABILITY FOR PAYMENTS AFTER (B) if such station has received reimburse- (2) TELEVISION TRANSLATOR STATION.—The APRIL 13, 2020.—Notwithstanding subsection ment under paragraph (1), the licensee of term ‘‘television translator station’’ means a (b)(4)(D) of such section, the Commission such station may not receive reimbursement television broadcast translator station (as may make payments pursuant to subsection with respect to such station under sub- defined in section 74.701 of title 47, Code of (b)(4)(A)(i) or (b)(4)(A)(ii) of such section section (b)(4)(A)(i) of such section 6403. Federal Regulations) that was licensed and from the Broadcast Repack Fund after April (4) ADDITIONAL LIMITATION.—The Commis- transmitting for at least 9 of the 12 months 13, 2020, if, before making any such payments sion may not make reimbursement under prior to April 13, 2017. For purposes of the after such date, the Commission submits to paragraph (1) for costs incurred to resolve preceding sentence, the operation of analog Congress a certification that such payments mutually exclusive applications, including and digital companion facilities may be com- are necessary to reimburse reasonably in- costs incurred in any auction of available bined. curred costs described in such subsection. channels. SEC. 603. PAYMENT OF RELOCATION COSTS OF (c) UNUSED FUNDS RESCINDED AND DEPOS- (b) FUNDING.— FM BROADCAST STATIONS. ITED INTO THE GENERAL FUND OF THE TREAS- (1) ESTABLISHMENT OF FUND.—There is es- (a) PAYMENT REQUIRED.— URY.— tablished in the Treasury of the United (1) IN GENERAL.—From amounts made (1) RESCISSION AND DEPOSIT.—If any unobli- States a fund to be known as the Translator available under subsection (b)(2), the Com- gated amounts remain in the Broadcast Re- and Low Power Station Relocation Fund. mission shall reimburse costs reasonably in- pack Fund after the date described in para- (2) AVAILABILITY OF FUNDS.— curred by an FM broadcast station for facili- graph (2), such amounts shall be rescinded (A) IN GENERAL.—Amounts in the Trans- ties necessary for such station to reasonably and deposited into the general fund of the lator and Low Power Station Relocation minimize disruption of service as a result of Treasury, where such amounts shall be dedi- Fund shall be available to the Commission to the reorganization of broadcast television cated for the sole purpose of deficit reduc- make payments required by subsection spectrum under subsection (b) of section 6403 tion. (a)(1). of the Middle Class Tax Relief and Job Cre- (2) DATE DESCRIBED.—The date described in (B) AVAILABILITY AFTER APRIL 13, 2020.— ation Act of 2012 (47 U.S.C. 1452). this paragraph is the earlier of— Amounts in the Translator and Low Power (2) LIMITATION.—The Commission may not (A) the date of a certification by the Com- Station Relocation Fund shall not be avail- make reimbursements under paragraph (1) mission under paragraph (3) that all reim- able to the Commission to make payments for lost revenues. bursements pursuant to subsections required by subsection (a)(1) after April 13, (3) DUPLICATIVE PAYMENTS PROHIBITED.—If (b)(4)(A)(i) and (b)(4)(A)(ii) of such section 2020, unless, before making any such pay- an FM broadcast station has received a pay- 6403 have been made; or ments after such date, the Commission sub- ment for interim facilities from the licensee (B) July 3, 2022. mits to Congress a certification that such of a television broadcast station that was re- (3) CERTIFICATION.—If all reimbursements payments are necessary to reimburse costs imbursed for such payment under subsection pursuant to subsections (b)(4)(A)(i) and reasonably incurred by a television trans- (b)(4)(A)(i) of such section 6403 (including

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.007 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1405 from amounts made available under section of the Middle Class Tax Relief and Job Cre- bent Federal entities in designated geo- 601 of this title), or from any other source, ation Act of 2012 (47 U.S.C. 1452). graphic areas indefinitely or for such length such FM broadcast station may not receive (c) ADMINISTRATIVE COSTS.—The amount of of time stipulated in transition plans ap- any reimbursements under paragraph (1). auction proceeds that the salaries and ex- proved by the Technical Panel under section (b) FUNDING.— penses account of the Commission is re- 113(h) of the National Telecommunications (1) ESTABLISHMENT OF FUND.—There is es- quired to retain under section 309(j)(8)(B) of and Information Administration Organiza- tablished in the Treasury of the United the Communications Act of 1934 (47 U.S.C. tion Act (47 U.S.C. 923(h)) for those incum- States a fund to be known as the FM Broad- 309(j)(8)(B)), including from the proceeds of bent entities to be relocated to alternate cast Station Relocation Fund. the forward auction under section 6403 of the spectrum; and (2) AVAILABILITY OF FUNDS.— Middle Class Tax Relief and Job Creation (C) 55 megahertz below the frequency of (A) IN GENERAL.—Amounts in the FM Act of 2012 (47 U.S.C. 1452), shall be sufficient 8000 megahertz shall be identified for use on Broadcast Station Relocation Fund shall be to cover the administrative costs incurred by either a licensed or unlicensed basis, or a available to the Commission to make pay- the Commission in making any payments combination of licensed and unlicensed. ments required by subsection (a)(1). out of the Broadcast Station Relocation Con- (3) NON-ELIGIBLE SPECTRUM.—For purposes (B) AVAILABILITY AFTER APRIL 13, 2020.— sumer Education Fund. of satisfying the requirement under para- Amounts in the FM Broadcast Station Relo- SEC. 605. IMPLEMENTATION AND ENFORCEMENT. graph (1), the following spectrum shall not cation Fund shall not be available to the The Commission shall implement and en- be counted: Commission to make payments required by force this title as if this title is a part of the (A) The frequencies between 1695 and 1710 subsection (a)(1) after April 13, 2020, unless, Communications Act of 1934 (47 U.S.C. 151 et megahertz. before making any such payments after such seq.). A violation of this title, or a regula- (B) The frequencies between 1755 and 1780 date, the Commission submits to Congress a tion promulgated under this title, shall be megahertz. certification that such payments are nec- considered to be a violation of the Commu- (C) The frequencies between 2155 and 2180 essary to reimburse costs reasonably in- nications Act of 1934, or a regulation promul- megahertz. curred by an FM broadcast station for facili- gated under such Act, respectively. (D) The frequencies between 3550 and 3700 ties necessary for such station to reasonably SEC. 606. RULE OF CONSTRUCTION. megahertz. minimize disruption of service as a result of Nothing in this title shall alter the final (E) Spectrum that the Commission deter- the reorganization of broadcast television transition phase completion date established mines had more than de minimis mobile or spectrum under subsection (b) of section 6403 by the Commission for full power and Class fixed wireless broadband operations within of the Middle Class Tax Relief and Job Cre- A television stations. the band on the day before the date of enact- ation Act of 2012 (47 U.S.C. 1452). ment of this Act. TITLE VII—MOBILE NOW (3) UNUSED FUNDS RESCINDED AND DEPOS- (4) TREATMENT OF CERTAIN OTHER SPEC- ITED INTO THE GENERAL FUND OF THE TREAS- SEC. 701. SHORT TITLE. TRUM.—Spectrum identified pursuant to this URY.— This title may be cited as the ‘‘Making Op- section may include eligible spectrum, if (A) RESCISSION AND DEPOSIT.—If any unob- portunities for Broadband Investment and any, identified after the date of enactment of ligated amounts remain in the FM Broadcast Limiting Excessive and Needless Obstacles this Act pursuant to title X of the Bipartisan Station Relocation Fund after the date de- to Wireless Act’’ or the ‘‘MOBILE NOW Budget Act of 2015 (Public Law 114–74). scribed in subparagraph (B), such amounts Act’’. (5) SPECTRUM MADE AVAILABLE ON AND shall be rescinded and deposited into the SEC. 702. DEFINITIONS. AFTER FEBRUARY 11, 2016.—Any spectrum general fund of the Treasury, where such In this title: that has been made available for licensed or amounts shall be dedicated for the sole pur- (1) APPROPRIATE COMMITTEES OF CON- unlicensed use on and after February 11, 2016, pose of deficit reduction. GRESS.—The term ‘‘appropriate committees and that otherwise satisfies the require- (B) DATE DESCRIBED.—The date described in of Congress’’ means— ments of this section may be counted to- this subparagraph is the earlier of— (A) the Committee on Commerce, Science, wards the requirements of this subsection. (i) the date of a certification by the Com- and Transportation of the Senate; (6) RELOCATION PRIORITIZED OVER SHAR- mission under subparagraph (C) that all re- (B) the Committee on Energy and Com- ING.—This section shall be carried out in ac- imbursements pursuant to subsection (a)(1) merce of the House of Representatives; and cordance with section 113(j) of the National have been made; or (C) each committee of the Senate or of the Telecommunications and Information Ad- (ii) July 3, 2022. House of Representatives with jurisdiction ministration Organization Act (47 U.S.C. (C) CERTIFICATION.—If all reimbursements over a Federal entity affected by the applica- 923(j)). pursuant to subsection (a)(1) have been made ble section in which the term appears. (7) CONSIDERATIONS.—In identifying spec- before July 3, 2022, the Commission shall (2) COMMISSION.—The term ‘‘Commission’’ trum for use under this section, the Sec- submit to the Secretary of the Treasury a means the Federal Communications Com- retary, working through the NTIA, and Com- certification that all such reimbursements mission. mission shall consider— have been made. (3) FEDERAL ENTITY.—The term ‘‘Federal (A) the need to preserve critical existing (c) ADMINISTRATIVE COSTS.—The amount of entity’’ has the meaning given the term in and planned Federal Government capabili- auction proceeds that the salaries and ex- section 113(l) of the National Telecommuni- ties; penses account of the Commission is re- cations and Information Administration Or- (B) the impact on existing State, local, and quired to retain under section 309(j)(8)(B) of ganization Act (47 U.S.C. 923(l)). tribal government capabilities; the Communications Act of 1934 (47 U.S.C. (4) NTIA.—The term ‘‘NTIA’’ means the (C) the international implications; 309(j)(8)(B)), including from the proceeds of National Telecommunications and Informa- (D) the need for appropriate enforcement the forward auction under section 6403 of the tion Administration of the Department of mechanisms and authorities; and Middle Class Tax Relief and Job Creation Commerce. (E) the importance of the deployment of Act of 2012 (47 U.S.C. 1452), shall be sufficient (5) OMB.—The term ‘‘OMB’’ means the Of- wireless broadband services in rural areas of to cover the administrative costs incurred by fice of Management and Budget. the United States. the Commission in making any reimburse- (6) SECRETARY.—The term ‘‘Secretary’’ (b) RULES OF CONSTRUCTION.—Nothing in ments out of the FM Broadcast Station Relo- means the Secretary of Commerce. this section shall be construed— cation Fund. SEC. 703. IDENTIFYING 255 MEGAHERTZ. (1) to impair or otherwise affect the func- (d) FM BROADCAST STATION DEFINED.—In (a) REQUIREMENTS.— tions of the Director of OMB relating to this section, the term ‘‘FM broadcast sta- (1) IN GENERAL.—Not later than December budgetary, administrative, or legislative tion’’ has the meaning given such term in 31, 2022, the Secretary, working through the proposals; section 73.310 of title 47, Code of Federal Reg- NTIA, and the Commission shall identify a (2) to require the disclosure of classified in- ulations, and, for an FM translator, has the total of at least 255 megahertz of Federal and formation, law enforcement sensitive infor- meaning given the term ‘‘FM translator’’ in non-Federal spectrum for mobile and fixed mation, or other information that must be section 74.1201 of such title. wireless broadband use. protected in the interest of national secu- SEC. 604. CONSUMER EDUCATION PAYMENT. (2) UNLICENSED AND LICENSED USE.—Of the rity; or (a) ESTABLISHMENT OF FUND.—There is es- spectrum identified under paragraph (1), not (3) to affect any requirement under section tablished in the Treasury of the United less than— 156 of the National Telecommunications and States a fund to be known as the Broadcast (A) 100 megahertz below the frequency of Information Administration Organization Station Relocation Consumer Education 8000 megahertz shall be identified for use on Act (47 U.S.C. 921 note), as added by section Fund. an unlicensed basis; 1062(a) of the National Defense Authorization (b) AVAILABILITY OF FUNDS.—Amounts in (B) 100 megahertz below the frequency of Act for Fiscal Year 2000, or any other rel- the Broadcast Station Relocation Consumer 6000 megahertz shall be identified for use on evant statutory requirement applicable to Education Fund shall be available to the an exclusive, licensed basis for commercial the reallocation of Federal spectrum. Commission to make payments solely for the mobile use, pursuant to the Commission’s SEC. 704. MILLIMETER WAVE SPECTRUM. purposes of consumer education relating to authority to implement such licensing in a (a) FCC PROCEEDING.—Not later than 2 the reorganization of broadcast television flexible manner, and subject to potential years after the date of enactment of this spectrum under subsection (b) of section 6403 continued use of such spectrum by incum- Act, the Commission shall publish a notice

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REALLOCATION INCENTIVES. ‘‘appropriate State agency’’ means a State quency band between 42000 and 42500 mega- (a) IN GENERAL.—Not later than 24 months hertz. governmental agency that is recognized by after the date of enactment of this Act, the (b) CONSIDERATIONS.—In conducting a rule- the executive branch of the State as having Assistant Secretary of Commerce for Com- making under subsection (a), the Commis- the experience necessary to evaluate and munications and Information, in consulta- sion shall— carry out projects relating to the proper and tion with the Commission, the Director of (1) consider how the band described in sub- effective installation and operation of OMB, and the head of each affected Federal section (a) may be used to provide commer- broadband infrastructure. agency (or a designee thereof), after notice cial wireless broadband service, including (2) BROADBAND INFRASTRUCTURE.—The term and an opportunity for public comment, whether— ‘‘broadband infrastructure’’ means any bur- shall submit to the appropriate committees (A) such spectrum may be best used for li- ied, underground, or aerial facility, and any of Congress a report that includes legislative censed or unlicensed services, or some com- wireless or wireline connection, that enables or regulatory recommendations to bination thereof; and users to send and receive voice, video, data, incentivize a Federal entity to relinquish, or (B) to permit additional licensed oper- graphics, or any combination thereof. share with Federal or non-Federal users, ations in such band on a shared basis; and (3) BROADBAND INFRASTRUCTURE ENTITY.— Federal spectrum for the purpose of allowing (2) include technical characteristics under The term ‘‘broadband infrastructure entity’’ commercial wireless broadband services to which the band described in subsection (a) means any entity that— operate on that Federal spectrum. may be employed for mobile or fixed terres- (A) installs, owns, or operates broadband (b) POST-AUCTION PAYMENTS.— trial wireless operations, including any ap- infrastructure; and (1) REPORT.—In preparing the report under propriate coexistence requirements. (B) provides broadband services in a man- subsection (a), the Assistant Secretary of (c) SPECTRUM MADE AVAILABLE ON AND ner consistent with the public interest, con- Commerce for Communications and Informa- AFTER FEBRUARY 11, 2016.—Any spectrum venience, and necessity, as determined by tion shall— that has been made available for licensed or the State. (A) consider whether permitting eligible unlicensed use on or after February 11, 2016, (4) STATE.—The term ‘‘State’’ means— Federal entities that are implementing a and that otherwise satisfies the require- (A) a State; transition plan submitted under section ments of section 703 may be counted towards (B) the District of Columbia; and 113(h) of the National Telecommunications the requirements of section 703(a). (C) the Commonwealth of Puerto Rico. and Information Administration Organiza- SEC. 705. 3 GIGAHERTZ SPECTRUM. (b) BROADBAND INFRASTRUCTURE DEPLOY- tion Act (47 U.S.C. 923(h)) to accept pay- MENT.—To facilitate the installation of (a) BETWEEN 3100 MEGAHERTZ AND 3550 ments could result in access to the eligible broadband infrastructure, the Secretary of MEGAHERTZ.—Not later than 24 months after frequencies that are being reallocated for ex- the date of enactment of this Act, and in Transportation shall promulgate regulations clusive non-Federal use or shared use sooner consultation with the Commission and the to ensure that each State that receives funds than would otherwise occur without such head of each affected Federal agency (or a under chapter 1 of title 23, United States payments; and designee thereof), the Secretary, working Code, meets the following requirements: (B) include the findings under subpara- through the NTIA, shall submit to the Com- (1) BROADBAND CONSULTATION.—The State graph (A), including the analysis under para- mission and the appropriate committees of department of transportation, in consulta- graph (2) and any recommendations for legis- Congress a report evaluating the feasibility tion with appropriate State agencies, shall— lation, in the report. of allowing commercial wireless services, li- (A) identify a broadband utility coordi- (2) ANALYSIS.—In considering payments censed or unlicensed, to share use of the fre- nator, that may have additional responsibil- under paragraph (1)(A), the Assistant Sec- quencies between 3100 megahertz and 3550 ities, whether in the State department of retary of Commerce for Communications and megahertz. transportation or in another State agency, Information shall conduct an analysis of (b) BETWEEN 3700 MEGAHERTZ AND 4200 that is responsible for facilitating the whether and how such payments would af- MEGAHERTZ.—Not later than 18 months after broadband infrastructure right-of-way ef- the date of enactment of this Act, after no- forts within the State; fect— tice and an opportunity for public comment, (B) establish a process for the registration (A) bidding in auctions conducted under and in consultation with the Secretary, of broadband infrastructure entities that section 309(j) of the Communications Act of working through the NTIA, and the head of seek to be included in those broadband infra- 1934 (47 U.S.C. 309(j)) of such eligible fre- each affected Federal agency (or a designee structure right-of-way facilitation efforts quencies; and thereof), the Commission shall submit to the within the State; (B) receipts collected from the auctions de- Secretary and the appropriate committees of (C) establish a process to electronically no- scribed in subparagraph (A). Congress a report evaluating the feasibility tify broadband infrastructure entities identi- (3) DEFINITIONS.—In this subsection: of allowing commercial wireless services, li- fied under subparagraph (B) of the State (A) PAYMENT.—The term ‘‘payment’’ censed or unlicensed, to use or share use of transportation improvement program on an means a payment in cash or in-kind by any the frequencies between 3700 megahertz and annual basis and provide additional notifica- auction winner, or any person affiliated with 4200 megahertz. tions as necessary to achieve the goals of an auction winner, of eligible frequencies (c) REQUIREMENTS.—A report under sub- this section; and during the period after eligible frequencies section (a) or (b) shall include the following: (D) coordinate initiatives carried out under have been reallocated by competitive bidding (1) An assessment of the operations of Fed- this section with other statewide tele- under section 309(j) of the Communications eral entities that operate Federal Govern- communication and broadband plans and Act of 1934 (47 U.S.C. 309(j)) but prior to the ment stations authorized to use the fre- State and local transportation and land use completion of relocation or sharing transi- quencies described in that subsection. plans, including strategies to minimize re- tion of such eligible frequencies per transi- (2) An assessment of the possible impacts peated excavations that involve the installa- tion plans approved by the Technical Panel. of such sharing on Federal and non-Federal tion of broadband infrastructure in a right- (B) ELIGIBLE FREQUENCIES.—The term ‘‘eli- users already operating on the frequencies of-way. gible frequencies’’ has the meaning given the term in section 113(g)(2) of the National described in that subsection. (2) PRIORITY.—If a State chooses to provide (3) The criteria that may be necessary to for the installation of broadband infrastruc- Telecommunications and Information Ad- ensure shared licensed or unlicensed services ture in the right-of-way of an applicable Fed- ministration Organization Act (47 U.S.C. would not cause harmful interference to Fed- eral-aid highway project under this sub- 923(g)(2)). eral or non-Federal users already operating section, the State department of transpor- SEC. 708. BIDIRECTIONAL SHARING STUDY. in the frequencies described in that sub- tation shall carry out any appropriate meas- (a) IN GENERAL.—Not later than 18 months section. ures to ensure that any existing broadband after the date of enactment of this Act, in- (4) If such sharing is feasible, an identifica- infrastructure entities are not disadvan- cluding an opportunity for public comment, tion of which of the frequencies described in taged, as compared to other broadband infra- the Commission, in collaboration with the that subsection are most suitable for sharing structure entities, with respect to the pro- NTIA, shall— with commercial wireless services through gram under this subsection. (1) conduct a bidirectional sharing study to the assignment of new licenses by competi- (c) EFFECT OF SECTION.—This section ap- determine the best means of providing Fed- tive bidding, for sharing with unlicensed op- plies only to activities for which Federal ob- eral entities flexible access to non-Federal erations, or through a combination of licens- ligations or expenditures are initially ap- spectrum on a shared basis across a range of ing and unlicensed operations. proved on or after the date regulations under short-, mid-, and long-range timeframes, in- (d) COMMISSION ACTION.—The Commission, subsection (b) become effective. Nothing in cluding for intermittent purposes like emer- in consultation with the NTIA, shall seek this section establishes a mandate or re- gency use; and public comment on the reports required quirement that a State install or allow the (2) submit to Congress a report on the under subsections (a) and (b), including re- installation of broadband infrastructure in a study under paragraph (1), including any rec- garding the bands identified in such report highway right-of-way. Nothing in this sec- ommendations for legislation or proposed as feasible pursuant to subsection (c)(4). tion authorizes the Secretary of Transpor- regulations.

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(b) CONSIDERATIONS.—In conducting the Energy and Commerce of the House of Rep- by the Commission for any spectrum sold or study under subsection (a), the Commission resentatives a report that— leased under this section, the right to the shall— (1) summarizes the findings of the study spectrum shall be forfeited to the Commis- (1) consider the regulatory certainty that conducted under subsection (a); and sion unless the Commission finds that there commercial spectrum users and Federal enti- (2) makes recommendations with respect is good cause for the failure of the party. ties need to make longer-term investment to potential incentives, policies, and require- (4) REQUIREMENT.—The Commission may decisions for shared access to be viable; and ments that could help achieve the goals de- offer a licensee incentives or reduced per- (2) evaluate any barriers to voluntary com- scribed in subparagraphs (C) and (D) of sub- formance requirements under this section mercial arrangements in which non-Federal section (a)(2). only if the Commission finds that doing so users could provide access to Federal enti- SEC. 712. RULEMAKING RELATED TO PARTI- would likely result in increased availability ties. TIONING OR DISAGGREGATING LI- of advanced telecommunications services in CENSES. SEC. 709. UNLICENSED SERVICES IN GUARD a rural area. BANDS. (a) DEFINITIONS.—In this section: (1) COVERED SMALL CARRIER.—The term SEC. 713. UNLICENSED SPECTRUM POLICY. (a) IN GENERAL.—After public notice and ‘‘covered small carrier’’ means a carrier (as comment, and in consultation with the As- (a) STATEMENT OF POLICY.—It is the policy defined in section 3 of the Communications sistant Secretary of Commerce for Commu- of the United States— Act of 1934 (47 U.S.C. 153)) that— nications and Information and the head of (1) to maximize the benefit to the people of (A) has not more than 1,500 employees (as each affected Federal agency (or a designee the United States of the spectrum resources determined under section 121.106 of title 13, thereof), with respect to frequencies allo- of the United States; Code of Federal Regulations, or any suc- (2) to advance innovation and investment cated for Federal use, the Commission shall cessor thereto); and adopt rules that permit unlicensed services in wireless broadband services; and (B) offers services using the facilities of (3) to promote spectrum policy that makes where feasible to use any frequencies that the carrier. are designated as guard bands to protect fre- available on an unlicensed basis radio fre- (2) RURAL AREA.—The term ‘‘rural area’’ quency bands to address consumer demand quencies allocated after the date of enact- means any area other than— ment of this Act by competitive bidding for unlicensed wireless broadband oper- (A) a city, town, or incorporated area that ations. under section 309(j) of the Communications has a population of more than 20,000 inhab- (b) COMMISSION RESPONSIBILITIES.—The Act of 1934 (47 U.S.C. 309(j)), including spec- itants; or Commission shall ensure that the efforts of trum that acts as a duplex gap between (B) an urbanized area contiguous and adja- the Commission related to spectrum alloca- transmit and receive frequencies. cent to a city or town that has a population tion and assignment made available on an (b) LIMITATION.—The Commission may not of more than 50,000 inhabitants. unlicensed basis radio frequency bands to ad- permit any use of a guard band under this (b) RULEMAKING.— section that would cause harmful inter- (1) IN GENERAL.—Not later than 1 year after dress demand for unlicensed wireless ference to a licensed service or a Federal the date of enactment of this Act, the Com- broadband operations if doing so is, after service. mission shall initiate a rulemaking pro- taking into account the future needs of (c) RULE OF CONSTRUCTION.—Nothing in ceeding to assess whether to establish a pro- homeland security, national security, and this section shall be construed as limiting gram, or modify existing programs, under other spectrum users— the Commission or the Assistant Secretary which a licensee that receives a license for (1) reasonable; and of Commerce for Communications and Infor- the exclusive use of spectrum in a specific (2) in the public interest. mation from otherwise making spectrum geographic area under section 301 of the (c) RULE OF CONSTRUCTION.—Nothing in available for licensed or unlicensed use in Communications Act of 1934 (47 U.S.C. 301) this section confers any additional rights on any frequency band in addition to guard may partition or disaggregate the license by unlicensed users or users licensed by rule bands, including under section 703, con- sale or long-term lease— under part 96 of title 47, Code of Federal Reg- sistent with their statutory jurisdictions. (A) in order to— ulations, to protection from harmful inter- SEC. 710. AMENDMENTS TO THE SPECTRUM PIPE- (i) provide services consistent with the li- ference. LINE ACT OF 2015. cense; and SEC. 714. NATIONAL PLAN FOR UNLICENSED Section 1008 of the Spectrum Pipeline Act (ii) make unused spectrum available to— SPECTRUM. of 2015 (Public Law 114–74; 129 Stat. 584) is (I) an unaffiliated covered small carrier; or (a) DEFINITIONS.—In this section: amended in the matter preceding paragraph (II) an unaffiliated carrier to serve a rural (1) SPECTRUM RELOCATION FUND.—The term (1) by inserting ‘‘, after notice and an oppor- area; and ‘‘Spectrum Relocation Fund’’ means the tunity for public comment,’’ after ‘‘the Com- (B) if the Commission finds that such a Fund established under section 118 of the Na- mission’’. program would promote— tional Telecommunications and Information (i) the availability of advanced tele- SEC. 711. GAO ASSESSMENT OF UNLICENSED Administration Organization Act (47 U.S.C. SPECTRUM AND WI-FI USE IN LOW- communications services in rural areas; or 928). INCOME NEIGHBORHOODS. (ii) spectrum availability for covered small (2) UNLICENSED OR LICENSED BY RULE OPER- (a) STUDY.— carriers. ATIONS.—The term ‘‘unlicensed or licensed by (1) IN GENERAL.—The Comptroller General (2) CONSIDERATIONS.—In conducting the rule operations’’ means the use of spectrum of the United States shall conduct a study to rulemaking proceeding under paragraph (1), on a non-exclusive basis under— evaluate the availability of broadband Inter- the Commission shall consider, with respect (A) part 15 of title 47, Code of Federal Reg- net access using unlicensed spectrum and to the program proposed to be established ulations; or wireless networks in low-income neighbor- under that paragraph— (B) licensing by rule under part 96 of title hoods. (A) whether reduced performance require- 47, Code of Federal Regulations. (2) REQUIREMENTS.—In conducting the ments with respect to spectrum obtained study under paragraph (1), the Comptroller through the program would facilitate deploy- (b) NATIONAL PLAN.—Not later than 18 General shall consider and evaluate— ment of advanced telecommunications serv- months after the date of enactment of this (A) the availability of wireless Internet hot ices in the areas covered by the program; Act, the Commission, in consultation with spots and access to unlicensed spectrum in (B) what conditions may be needed on the NTIA, shall develop a national plan for low-income neighborhoods, particularly for transfers of spectrum under the program to making additional radio frequency bands elementary and secondary school-aged chil- allow covered small carriers that obtain available for unlicensed or licensed by rule dren in such neighborhoods; spectrum under the program to build out the operations. (B) any barriers preventing or limiting the spectrum in a reasonable period of time; (c) REQUIREMENTS.—The plan developed deployment and use of wireless networks in (C) what incentives may be appropriate to under this section shall— low-income neighborhoods; encourage licensees to lease or sell spec- (1) identify an approach that ensures that (C) how to overcome any barriers described trum, including— consumers have access to additional spec- in subparagraph (B), including through in- (i) extending the term of a license granted trum to conduct unlicensed or licensed by centives, policies, or requirements that under section 301 of the Communications Act rule operations in a range of radio fre- would increase the availability of unlicensed of 1934 (47 U.S.C. 301); or quencies to meet consumer demand; spectrum and related technologies in low-in- (ii) modifying performance requirements of (2) recommend specific actions by the Com- come neighborhoods; and the license relating to the leased or sold mission and the NTIA to permit unlicensed (D) how to encourage home broadband spectrum; and or licensed by rule operations in additional adoption by households with elementary and (D) the administrative feasibility of— radio frequency ranges that the Commission secondary school-age children that are in (i) the incentives described in subpara- finds— low-income neighborhoods. graph (C); and (A) are consistent with the statement of (b) REPORT.—Not later than 1 year after (ii) other incentives considered by the policy under section 713(a); the date of enactment of this Act, the Comp- Commission that further the goals of this (B) will— troller General shall submit to the Com- section. (i) expand opportunities for unlicensed or mittee on Commerce, Science, and Transpor- (3) FORFEITURE OF SPECTRUM.—If a party licensed by rule operations in a spectrum tation of the Senate and the Committee on fails to meet any build out requirements set band; or

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.007 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1408 CONGRESSIONAL RECORD — HOUSE March 6, 2018 (ii) otherwise improve spectrum utilization cant advancement over the current state of district court of the United States for equi- and intensity of use of bands where unli- the art. table relief in accordance with paragraph (2) censed or licensed by rule operations are al- (2) AUTHORITY OF SECRETARY.—In carrying of this subsection. ready permitted; out paragraph (1), the Secretary may— (2) JURISDICTION OF DISTRICT COURTS.—Not- (C) will not cause harmful interference to (A) enter into a grant, contract, coopera- withstanding section 1341 of title 28, United Federal or non-Federal users of such bands; tive agreement, or other agreement with a States Code, or the constitution or laws of and private sector for-profit or nonprofit entity any State, the district courts of the United (D) will not significantly impact homeland to administer the prize competitions; States shall have jurisdiction, without re- security or national security communica- (B) invite the Defense Advanced Research gard to the amount in controversy or citi- tions systems; and Projects Agency, the Commission, the Na- zenship of the parties, to grant such manda- (3) examine additional ways, with respect tional Aeronautics and Space Administra- tory or prohibitive injunctive relief, interim to existing and planned databases or spec- tion, the National Science Foundation, or equitable relief, and declaratory judgments trum access systems designed to promote any other Federal agency to provide advice as may be necessary to prevent, restrain, or spectrum sharing and access to spectrum for and assistance in the design or administra- terminate any acts in violation of subsection unlicensed or licensed by rule operations— tion of the prize competitions; and (c). (A) to improve accuracy and efficacy; (C) award not more than $5,000,000, in the SEC. 717. RULES OF CONSTRUCTION. (B) to reduce burdens on consumers, manu- aggregate, to the winner or winners of the (a) RANGES OF FREQUENCIES.—Each range facturers, and service providers; and prize competitions. of frequencies described in this title shall be (C) to protect sensitive Government infor- (d) CRITERIA.—Not later than 180 days after construed to be inclusive of the upper and mation. the date on which funds for prize competi- lower frequencies in the range. (d) SPECTRUM RELOCATION FUND.—To be in- tions are made available pursuant to this (b) ASSESSMENT OF ELECTROMAGNETIC SPEC- cluded as an appendix as part of the plan de- section, the Commission shall publish a tech- TRUM REALLOCATION.—Nothing in this title veloped under this section, the NTIA, in con- nical paper on spectrum efficiency providing shall be construed to affect any requirement sultation with the Director of the Office of criteria that may be used for the design of under section 156 of the National Tele- Management and Budget, shall share with the prize competitions. communications and Information Adminis- the Commission recommendations about (e) AUTHORIZATION OF APPROPRIATIONS.— tration Organization Act (47 U.S.C. 921 note), how to reform the Spectrum Relocation There are authorized to be appropriated such as added by section 1062(a) of the National Fund— sums as may be necessary to carry out this Defense Authorization Act for Fiscal Year (1) to address costs incurred by Federal en- section. 2000. SEC. 716. WIRELESS TELECOMMUNICATIONS TAX tities related to sharing radio frequency SEC. 718. RELATIONSHIP TO MIDDLE CLASS TAX AND FEE COLLECTION FAIRNESS. bands with radio technologies conducting RELIEF AND JOB CREATION ACT OF unlicensed or licensed by rule operations; (a) SHORT TITLE.—This section may be 2012. and cited as the ‘‘Wireless Telecommunications Nothing in this title shall be construed to Tax and Fee Collection Fairness Act’’. (2) to ensure the Spectrum Relocation limit, restrict, or circumvent in any way the (b) DEFINITIONS.—In this section: Fund has sufficient funds to cover— implementation of the nationwide public (1) FINANCIAL TRANSACTION.—The term ‘‘fi- (A) the costs described in paragraph (1); safety broadband network defined in section nancial transaction’’ means a transaction in and 6001 of title VI of the Middle Class Tax Relief which the purchaser or user of a wireless (B) other expenditures allowed of the Spec- and Job Creation Act of 2012 (47 U.S.C. 1401) telecommunications service upon whom a trum Relocation Fund under section 118 of or any rules implementing that network tax, fee, or surcharge is imposed gives cash, the National Telecommunications and Infor- under title VI of that Act (47 U.S.C. 1401 et credit, or any other exchange of monetary mation Administration Organization Act (47 seq.). value or consideration to the person who is U.S.C. 928). SEC. 719. NO ADDITIONAL FUNDS AUTHORIZED. required to collect or remit the tax, fee, or (e) REPORT REQUIRED.— No additional funds are authorized to be surcharge. (1) IN GENERAL.—Not later than 18 months appropriated to carry out this title, or the (2) LOCAL JURISDICTION.—The term ‘‘local after the date of enactment of this Act, the amendment made by this title. This title, jurisdiction’’ means a political subdivision of Commission shall submit to the appropriate and the amendment made by this title, shall a State. committees of Congress a report that de- be carried out using amounts otherwise au- (3) STATE.—The term ‘‘State’’ means any of scribes the plan developed under this section, thorized. the several States, the District of Columbia, including any recommendations for legisla- and any territory or possession of the United The SPEAKER pro tempore. Pursu- tive change. States. ant to the rule, the gentleman from Or- (2) PUBLICATION ON COMMISSION WEBSITE.— (4) STATE OR LOCAL JURISDICTION.—The Not later than the date on which the Com- egon (Mr. WALDEN) and the gentleman term ‘‘State or local jurisdiction’’ includes mission submits the report under paragraph from New Jersey (Mr. PALLONE) each any governmental entity or person acting on (1), the Commission shall make the report will control 20 minutes. behalf of a State or local jurisdiction that publicly available on the website of the Com- The Chair recognizes the gentleman has the authority to assess, impose, levy, or mission. from Oregon. collect taxes or fees. (f) RULE OF CONSTRUCTION.—Nothing in this (5) WIRELESS TELECOMMUNICATIONS SERV- GENERAL LEAVE section confers any additional rights on unli- ICE.—The term ‘‘wireless telecommuni- Mr. WALDEN. Mr. Speaker, I ask censed users or users licensed by rule under cations service’’ means a commercial mobile unanimous consent that all Members part 96 of title 47, Code of Federal Regula- radio service, as defined in section 20.3 of tions, to protection from harmful inter- may have 5 legislative days within title 47, Code of Federal Regulations, or any ference. which to revise and extend their re- successor thereto. marks and include extraneous material SEC. 715. SPECTRUM CHALLENGE PRIZE. (c) FINANCIAL TRANSACTION REQUIRE- (a) SHORT TITLE.—This section may be MENT.— on the bill. cited as the ‘‘Spectrum Challenge Prize (1) IN GENERAL.—A State, or a local juris- The SPEAKER pro tempore. Is there Act’’. diction of a State, may not require a person objection to the request of the gen- (b) DEFINITION OF PRIZE COMPETITION.—In who is neither a resident of such State or tleman from Oregon? this section, the term ‘‘prize competition’’ local jurisdiction nor an entity having its There was no objection. means a prize competition conducted by the principal place of business in such State or Mr. WALDEN. Mr. Speaker, I yield Secretary under subsection (c)(1). local jurisdiction to collect from, or remit myself such time as I may consume. (c) SPECTRUM CHALLENGE PRIZE.— on behalf of, any other person a State or Mr. Speaker, I am pleased today that (1) IN GENERAL.—The Secretary, in con- local tax, fee, or surcharge imposed on a pur- the House of Representatives is taking sultation with the Assistant Secretary of chaser or user with respect to the purchase up an important bill from the House Commerce for Communications and Informa- or use of any wireless telecommunications tion and the Under Secretary of Commerce service within the State unless the collec- Energy and Commerce Committee. It is for Standards and Technology, shall, subject tion or remittance is in connection with a fi- titled the Repack Airwaves Yielding to the availability of funds for prize competi- nancial transaction. Better Access for Users of Modern tions under this section— (2) RULE OF CONSTRUCTION.—Nothing in this Services Act of 2018, or RAY BAUM’S (A) conduct prize competitions to dramati- subsection shall be construed to affect the Act. cally accelerate the development and com- right of a State or local jurisdiction to re- I thank our subcommittee chairman, mercialization of technology that improves quire the collection of any tax, fee, or sur- MARSHA BLACKBURN, for her hard work spectrum efficiency and is capable of cost-ef- charge in connection with a financial trans- in introducing and moving this legisla- fective deployment; and action. (B) define a measurable set of performance (d) ENFORCEMENT.— tion forward. goals for participants in the prize competi- (1) PRIVATE RIGHT OF ACTION.—Any person Before I get into the policy side, I tions to demonstrate their solutions on a aggrieved by a violation of subsection (c) want to touch on the meaning behind level playing field while making a signifi- may bring a civil action in an appropriate this bill’s title.

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.007 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1409 H.R. 4986 is a nod to our dear friend, tional claim over the subject matters con- waive any jurisdiction over the subject mat- and mine of 30 years, the former staff tained in the bill or similar legislation that ter contained in this or similar legislation. director of our Energy and Commerce fall within the Committee’s Rule X jurisdic- Further, I request your support for the ap- Committee, who recently lost his bat- tion. Further, this is conditional on our un- pointment of conferees from the Committee derstanding that mutually agreed upon on Oversight and Government Reform during tle with cancer. changes to the legislation will be incor- any House-Senate conference convened on It is a testament of not just Ray’s porated into the bill prior to floor consider- this or related legislation. dedication to telecom policy—as you ation. Lastly, should a conference on the bill Finally, I would ask that a copy of our ex- know, he served as public utility com- be necessary, I request your support for the change of letters on this matter be included missioner, he chaired the Joint Board appointment of conferees from the Com- in the bill report filed by the Committee on with the FCC on communications mittee on Transportation and Infrastructure Energy & Commerce, as well as in the Con- issues, and was such a policy brain for during any House-Senate conference con- gressional Record during floor consideration, our committee—but also his ability to vened on this or related legislation. to memorialize our understanding. I would ask that a copy of this letter and Sincerely, work across the aisle and with all lev- your response acknowledging our jurisdic- TREY GOWDY. els of government officials. He got good tional interest as well as the mutually things done for America. agreed upon changes to be incorporated into HOUSE OF REPRESENTATIVES, Years ago, when I became chairman the bill be included in the Congressional COMMITTEE ON ENERGY AND COMMERCE, of what was then called the Sub- Record during consideration of the measure Washington, DC, March 6, 2018. committee on Telecommunications and on the House floor, to memorialize our un- Hon. TREY GOWDY, the Internet, Ray, at my invitation, fi- derstanding. Chairman, Committee on Oversight and Govern- I look forward to working with the Com- ment Reform, Washington, DC. nally agreed to come back to Wash- mittee on Energy and Commerce as the bill DEAR CHAIRMAN GOWDY: Thank you for ington and work on the committee. moves through the legislative process. He had served as a State representa- your letter concerning H.R. 4986, RAY Sincerely, BAUM’S Act of 2018, and I appreciate your tive and as majority leader of the Or- BILL SHUSTER, willingness to forego further consideration egon House. He had been chairman of Chairman. by the Committee on Oversight and Govern- the public utility commission in Or- ment Reform. HOUSE OF REPRESENTATIVES, egon and brought a lot to our process I agree that by foregoing consideration of COMMITTEE ON ENERGY AND COMMERCE, H.R. 4986 at this time, the Committee on as senior policy adviser. Washington, DC, March 6, 2018. Oversight and Government Reform does not In the years that followed, these Hon. BILL SHUSTER, waive any jurisdiction over the subject mat- issues remained both a priority and a Chairman, Committee on Transportation and ter contained in this or similar legislation. passion for Ray, and I believe and I Infrastructure, Washington, DC. Further, I will support the appointment of hope our bipartisan work today reflects DEAR CHAIRMAN SHUSTER: Thank you for conferees from the Committee on Oversight admirably the kind of commitment he your letter concerning H.R. 4986, RAY BAUM’S Act of 2018, which includes matters and Government Reform during any House- wanted all of us to share in making Senate conference convened on this or re- good public policy. that fall within the Rule X jurisdiction of the Committee on Transportation and Infra- lated legislation. By the way, that is Ray right there, structure. Finally, a copy of our exchange of letters for those who didn’t know. I appreciate your Committee’s willingness on this matter will be included in the bill re- The RAY BAUM’S Act reauthorizes to forego action on H.R. 4986 so that this leg- port filed by the Committee on Energy and the Federal Communications Commis- islation may be brought before the House of Commerce, as well as in the Congressional sion. It includes efficiency and trans- Representatives in an expeditious manner. Record during floor consideration, to memo- I agree that foregoing consideration of the rialize our understanding. parency reforms for the FCC, and it Sincerely, spurs the development of next genera- bill does not prejudice the Committee with respect to the appointment of conferees or to GREG WALDEN, tion 5G technologies. any future jurisdictional claim over the sub- Chairman. It is good for consumers, and it is ject matters contained in the bill or similar Mr. PALLONE. Mr. Speaker, I yield good for our Nation’s critical tele- legislation that fall within the Committee’s myself such time as I may consume. communications services. Rule X jurisdiction. Further, I agree that Mr. Speaker, I also rise in support of Importantly, the bill before us today mutually agreed upon changes to the legisla- H.R. 4986, the RAY BAUM’S Act. This is the product of a bipartisan and bi- tion will be incorporated into the bill prior bill is the product of extensive bipar- cameral agreement, House and Senate, to floor consideration. Lastly, should a con- tisan collaboration. After exhaustive Republicans and Democrats, including ference on the bill be necessary, I will sup- port the appropriate appointment of con- negotiations, we were able to reach a my friend from New Jersey (Mr. PAL- ferees from the Committee on Transpor- deal that includes bills introduced by LONE), Senate Commerce Committee tation and Infrastructure during any House- Democrats and Republicans in both the chairman Mr. THUNE, and the ranking Senate conference convened on this or re- House and in the Senate. That does not member in the Senate, BILL NELSON. lated legislation. happen often, and I would like to thank Mr. Speaker, we bring you a good I will include a copy of your letter and this my colleagues for working with me so product today of sound policy named response in the Congressional Record during closely. for a wonderful individual, and I re- consideration of the measure on the House floor. serve the balance of my time. This bill is a real tribute to its name- Sincerely, sake, Ray Baum. Ray had a passion for COMMITTEE ON TRANSPORTATION AND GREG WALDEN, telecommunications policy and a spe- INFRASTRUCTURE, HOUSE OF REP- Chairman. RESENTATIVES, cial place in his heart for broadcasting. Washington, DC, March 6, 2018. HOUSE OF REPRESENTATIVES, COM- Ray was also an eternal optimist. He Hon. GREG WALDEN, MITTEE ON OVERSIGHT AND GOV- never faltered in his belief that we Chairman, Committee on Energy and Commerce, ERNMENT REFORM, could find a way to work together to Washington, DC. Washington, DC, March 6, 2018. find a solution, and he was right. DEAR CHAIRMAN WALDEN: I write con- Hon. GREG WALDEN, We were able to incorporate pro- cerning H.R. 4986, RAY BAUM’S Act of 2018. Chairman, Committee on Energy & Commerce, posals from Members on both sides of This legislation includes matters that fall House of Representatives. the aisle, just the way Ray would have within the Rule X jurisdiction of the Com- DEAR MR. CHAIRMAN: I am writing con- mittee on Transportation and Infrastruc- cerning the jurisdictional interest of the liked it, and we were able to produce ture. Committee on Oversight and Government this legislation that will reauthorize I recognize and appreciate your desire to Reform in H.R. 4986, the ‘‘RAY BAUM’S Act the FCC for the first time in 28 years. bring this legislation before the House of of 2018.’’ As a result of your having consulted Mr. Speaker, I would like to briefly Representatives in an expeditious manner, with me concerning the provisions of the bill mention some aspects of this bill that and accordingly, the Committee on Trans- that fall within our Rule X jurisdiction, I I am most proud of. First, we were able portation and Infrastructure will forego ac- agree to forego further consideration by the to include the SANDy Act, which is tion on the bill. However, this is conditional Committee on Oversight and Government on our mutual understanding that foregoing Reform. named to honor those affected by consideration of the bill does not prejudice The Committee takes this action with our Superstorm Sandy, a storm that ripped the Committee with respect to the appoint- mutual understanding that by foregoing con- through the Northeast, including my ment of conferees or to any future jurisdic- sideration of H.R. 4986 at this time we do not district, over 5 years ago. During that

VerDate Sep 11 2014 04:57 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.049 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1410 CONGRESSIONAL RECORD — HOUSE March 6, 2018 superstorm, we saw firsthand how im- For these reasons and many more, I sylvania (Mr. MICHAEL F. DOYLE), who portant communications were for sur- urge my colleagues to support the bi- is the ranking member of the Commu- vival. From television and radio broad- partisan and bicameral agreement em- nications and Technology Sub- casters to wireless providers and cable bodied by the RAY BAUM’S Act. committee. networks, each played its own role in I would like to also thank the Demo- Mr. MICHAEL F. DOYLE of Pennsyl- making sure people knew how to find cratic committee staff—David Gold- vania. Mr. Speaker, I thank the gen- help, look for loved ones, and stay out man, Gerald Leverich, and Dan Mil- tleman for yielding. of harm’s way. ler—for all of their hard work in get- Mr. Speaker, I would like to take a moment to speak in memorial to the b 1445 ting this bill to the floor today. Mr. Speaker, I reserve the balance of late Ray Baum. He was a dedicated I used the lessons we learned from my time. husband and father, the staff director Sandy in writing this legislation. When Mr. WALDEN. Mr. Speaker, I yield 3 for the majority on the Energy and this bill is signed into law, our net- minutes to the gentlewoman from Ten- Commerce Committee, and a trusted works will be stronger, more resilient, nessee (Mrs. BLACKBURN), the chair of adviser and friend to Chairman WAL- and more capable to serve in an emer- the subcommittee, who has been an in- DEN. We were all saddened by his pass- gency. credible leader on our communications ing, and I would like to express our This FCC reauthorization bill also in- issues on the Energy and Commerce condolences to his friends and family. cludes the Viewer Protection Act. I in- Committee for some time. The legislation before us today is the troduced the Viewer Protection Act to Mrs. BLACKBURN. Mr. Speaker, I product of bipartisan and bicameral make sure no viewer loses signal as a thank the chairman for the recogni- compromise. While it is not perfect, it result of the FCC’s incentive auction. tion, and I thank him for his efforts on represents a good faith effort by Rank- Access to local information has become this. ing Member PALLONE, Chairman WAL- even more important as the number of Mr. Speaker, it really is a pleasure to DEN, Senator NELSON, and Senator natural disasters has increased over come here today to talk about the RAY THUNE. the past few years. BAUM’S Act. We have, for so long, This compromise incorporates a Not only does this bill help ensure talked about the need to push this number of Democratic priorities, in- consumers’ broadcast stations don’t go through to completion, and Ray served cluding Ranking Member PALLONE’s dark, as part of this bipartisan, bi- as our staff director and really helped Viewer Protection Act and SANDy Act, cameral deal, we have agreed to pro- the committee and our subcommittee and Congresswoman ESHOO’s RE- vide $50 million in funding to help edu- push this forward to the point that we SPONSE Act and ‘‘Dig Once’’ bill, and cate consumers about the transition. could say: Yes, we have the FCC reau- a number of provisions from other This funding is critical to make sure thorization done. members of our committee on cyberse- curity, Tribal broadband, broadband that people have access to information As Mr. PALLONE said, it has been 28 about how to get their televisions to years since this agency has been reau- access for veterans, and others. Like Ranking Member PALLONE, I am work. thorized. It is certainly an honor to say also happy to see bipartisan language My colleagues will discuss other im- we have done this in Ray’s name, and included in the bill which makes the portant aspects of this deal. But before we have done it in a bipartisan way. FCC inspector general an independent they do, I would like to point out two There are so many things that are in- important provisions that we included entity. cluded in this bill, and one of the provi- This sends a strong bipartisan and bi- as part of the reauthorization. First, sions that is in here is Chairman WAL- cameral message to Chairman Pai that we included a provision that makes the DEN’s FCC reform. Many times you will he cannot end the FCC inspector gen- FCC’s inspector general independent of hear us talk about needing to bring eral’s investigation into collusion be- the Commission’s chairman. The IG is sunlight to these agencies, bringing tween his office and Sinclair Broadcast currently conducting a number of crit- order, and the ability for constituents Group simply by firing the current in- ical investigations, including one into and citizens to know what is hap- spector general. These allegations also whether the chairman of the agency pening. We have that included in this require congressional oversight and in- has been improperly favoring Sinclair bill. vestigation. Broadcast Group. But under current We also have provisions that our I am also happy to see that we have law, these investigations are being con- whip, STEVE SCALISE—the Consolidated an agreement to provide the remainder ducted under a cloud—the very chair- Reporting Act—has included in this of the funds necessary to transition man who is under investigation can ob- bill. We have provisions from Ms. broadcasters as part of the FCC’s in- struct the review by firing the inspec- ESHOO and from Representative ENGEL. centive auction—keeping a promise tor general or his or her staff at any These are all bipartisan provisions that that we made to them that they would time. So by passing this bill, we are en- you will see included in this legisla- be held harmless. suring that these important investiga- tion. Mr. JOHNSON has a provision that The agreement also includes funds tions can conclude without any inter- is included that will change the way for consumer education about the tran- ference. the inspector general works in this sition. It is critical that the public be Finally, I do not normally support agency so that he truly is an inspector educated about the upcoming tele- unnecessarily cutting the budget of our general who is independent. vision repack and understand the what, agencies. But in this case, I would like So we have worked together in a bi- when, and where of how it will work. to thank my colleagues for agreeing to partisan way to do our repack which Mr. Speaker, I look forward to con- limit this cut to the length of this ad- deals with our broadcasters and our tinuing to work on this legislation ministration. The current leadership of spectrum to handle MobileNOW, which with my colleagues as it moves for- the FCC, in my opinion, has proven has been a priority of the Senate. They ward. that it cannot be trusted to serve the could not get it finished. We have fin- Mr. WALDEN. Mr. Speaker, I yield 1 public interest. Most notably, the ished that process, and then also the minute to the gentleman from New agency has ignored its statutory duty FCC reauthorization. Jersey (Mr. LANCE), who is a talented and the call of the American people by So I express my gratitude to the member of our committee. destroying our net neutrality protec- committee members, both Democrats Mr. LANCE. Mr. Speaker, I rise in tions. Net neutrality safeguards our and Republicans, and the staff mem- very strong support of the RAY American values by empowering small bers from both sides of the dais to say BAUM’S Act, which reauthorizes the businesses, creating new jobs, and en- thank you for the work that is done to Federal Communications Commission suring free speech online. bring this bipartisan effort together to for the first time in 28 years. By limiting the resources that we reauthorize this agency to deal with How appropriate that this critical provide for the next 3 years, this reau- our spectrum repack and to address the legislation is named for Ray Baum, thorization will limit this Commis- MobileNOW concerns. who dedicated his tremendous public sion’s power, in my opinion, to do more Mr. PALLONE. Mr. Speaker, I yield 2 service to these issues, and whom we harm. minutes to the gentleman from Penn- all admired.

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.050 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1411 I commend the leadership. The En- Mr. WALDEN. Mr. Speaker, I yield 1 having internet access makes what is ergy and Commerce Committee puts minute to the gentleman from Illinois already an incredibly tough transition more bipartisan bills on the President’s (Mr. KINZINGER), who is a great mem- process even harder. This is particu- desk than any other committee here on ber of our committee. larly likely to be the case for low-in- Capitol Hill. This is important legisla- Mr. KINZINGER. Mr. Speaker, I come veterans and veterans living in tion strengthening the FCC, protecting thank the gentleman for yielding. rural areas. consumers, and, most important of all, Mr. Speaker, I rise to support the Although we lack specific data on the expanding the information channels RAY BAUM’S Act. It is fitting that number of veterans with broadband our lives and the economy need. this bill be named for him, a shining internet access, we know that Ameri- I am pleased that this legislation in- example of public service and a great cans who live in rural areas are less cludes the Anti-Spoofing Act, a bill I friend. My heart goes out to his wife likely to be connected. This is also the have worked on with Congresswoman and all his family and loved ones. case for Americans who live at or MENG and Chairman Emeritus BARTON Mr. Speaker, this legislation reau- below the Federal poverty level. for several years. Spoofing is an insid- thorizes the FCC for the first time in 28 We must find ways to ensure that ious practice used by scammers to call years. I am proud of the inclusion of veterans, especially the more than 1.4 consumers using a faked phone num- two of my bipartisan bills. million veterans living below the Fed- ber, often pretending to be a bank or First is the Rural Spectrum Accessi- eral poverty level and the 5.3 million government agency. Millions of Ameri- bility Act, which Mr. LOEBSACK and I residing in rural areas, are not left be- cans continue to be defrauded by con introduced. It expands access to cov- hind. artists and scammers who perpetrate erage in rural communities by allowing This is why my provision directs the this despicable crime. This disgraceful licensed, unused spectrum to be sub-al- Federal Communications Commission practice must end, and it will be ended located to carriers serving rural popu- to examine the current state of in large part due to this legislation. I lations. broadband access for veterans and what am pleased this FCC reauthorization The second is the Improving can be done to increase access, with a enacts consumer protections like those Broadband Access for Veterans Act, focus on low-income veterans and vet- in the Anti-Spoofing Act. which Mr. MCNERNEY and I introduced. erans residing in rural areas. Mr. Speaker, I urge a ‘‘yes’’ vote. It requires the FCC to thoroughly ex- The findings and recommendations Mr. PALLONE. Mr. Speaker, I yield 2 amine veterans’ access to broadband from this report will be important for minutes to the gentlewoman from Cali- and provide recommendations to in- paving the way to get more veterans fornia (Ms. MATSUI). crease access, especially for rural and connected. I urge my colleagues to vote Ms. MATSUI. Mr. Speaker, I am low-income veterans. for this bill. pleased that today we are reauthor- Again, this legislation is one more Mr. WALDEN. Mr. Speaker, I yield 1 izing the Federal Communications example to show the majority of the minute to the gentleman from Florida Commission through the RAY BAUM’S work done in Congress is bipartisan (Mr. BILIRAKIS) to speak on this impor- Act, which, among other things, en- and sometimes even bicameral. tant legislation. sures our local broadcasters have the Mr. Speaker, I thank the chairman Mr. BILIRAKIS. Mr. Speaker, named resources they need and will deliver ad- and everybody for working together to in memory of a hardworking and hon- ditional spectrum into the commercial get this done, and I urge my colleagues orable man, the RAY BAUM’S Act re- marketplace. Spectrum is the invisible to support the RAY BAUM’S Act. authorizes the Federal Communica- infrastructure that supports our wire- Mr. PALLONE. Mr. Speaker, I yield 2 tions Commission for the first time in less economy. minutes to the gentleman from Cali- 28 years. As the way we do business continues fornia (Mr. MCNERNEY). This bill is the result of a wholly bi- to depend on connectivity and mobil- Mr. MCNERNEY. Mr. Speaker, I partisan process that includes impor- ity, spectrum will be a part of every- thank my ranking member and the tant provisions that will benefit all our thing from remote health monitoring chairman for yielding. I thank my col- constituents. to precision agriculture, to public safe- leagues on the other side of the aisle b 1500 ty communications and connected de- for their bipartisan efforts here. This includes further prohibitions on vices. I rise in support of H.R. 4986, the spoofing calls, reports on promoting That is why I am pleased that this RAY BAUM’S Act. In the first place, internet access for low-income vet- package includes several of my prior- this bill will help ensure that the in- erans, and improving 911 caller infor- ities, including my Spectrum Auction centive auction repack can move for- mation. Deposits Act, which I coauthored with ward in a timely fashion and that The bill also provides additional Congressman GUTHRIE. This legislation Americans can have access to their funding for the repack process and fos- will enable the FCC to continue to con- local broadcasting stations during this ters technology growth by authorizing duct auctions that will unlock the period of time. studies on spectrum available for fu- spectrum necessary to deploy next gen- On the other hand, I am very proud ture auctions. eration broadband networks. Without that this bill includes a bipartisan pro- I applaud the work of the sub- this fix, auctions to deliver more spec- vision that Congressman KINZINGER committee on getting this done. This trum into the commercial marketplace and I worked on. bill will truly benefit innovation and may be put on hold indefinitely. This provision will move us forward our constituents, and I support its pas- This package also includes my legis- in closing the digital divide for our Na- sage. lation to create a Federal spectrum tion’s veterans. Access to broadband Mr. PALLONE. Mr. Speaker, I yield 2 challenge prize, which would accelerate internet service is critical for the more minutes to the gentleman from Iowa the development and commercializa- than 20 million veterans across our (Mr. LOEBSACK). tion of innovative technologies to country, with the highest population of Mr. LOEBSACK. Mr. Speaker, I make spectrum use more efficient. veterans residing in California. thank the chair and ranking member It could also facilitate the applica- Having a broadband internet connec- for working to bring this bill to the tion of existing technologies, such as tion helps veterans apply for jobs more floor today. blockchain, to develop spectrum shar- easily, obtain necessary vocational Mr. Speaker, I am pleased to see the ing mechanisms that will allow pro- training, communicate with family and RAY BAUM’S Act moving forward. viders to access spectrum on a real- friends, keep up with current events, This bill really is a good example of time basis. access healthcare services, and get im- compromise. No one got everything This bipartisan legislation will pro- portant information about their bene- that they wanted, but we worked to- mote the expansion of current and next fits and military records. gether to find common ground. I think generation broadband networks across Without broadband internet access, it represents what we need to be doing America. It is an important step for- it is difficult to fully participate in to- more of in Washington and in this body ward, and I am proud to support its day’s society. Veterans face many chal- and what people and I want to see hap- passage. lenges when they return home, and not pen more often, namely, that Members

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.052 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1412 CONGRESSIONAL RECORD — HOUSE March 6, 2018 of Congress come together in a bipar- shortfall in funding available to relo- and increasingly wireless world. I urge tisan manner to reach a commonsense cate broadcasters who are displaced my colleagues to support H.R. 4986. agreement. from the most recent spectrum auc- Mr. PALLONE. Mr. Speaker, I yield 2 But today I come to the floor to talk tion. It is important that we provide minutes to the gentleman from Oregon about a piece of legislation, the Rural the funding necessary to successfully (Mr. BLUMENAUER). Wireless Access Act, which I was relocate these broadcasters and ensure Mr. BLUMENAUER. Mr. Speaker, I pleased to help introduce and incor- an efficient and timely transition. appreciate the gentleman’s courtesy in porate into the larger FCC Reauthor- I urge my colleagues to support this permitting me to speak on this. ization Act. important legislation to reauthorize This bill, I think, is an example of I want to thank, in particular, my the FCC. the politics and legislation that Ray friend Mr. COSTELLO for working with Mr. PALLONE. Mr. Speaker, I yield 2 Baum would be particularly proud of, me on this bipartisan bill. I also want minutes to the gentleman from Cali- characterizing his work as a policy- to thank Mrs. BLACKBURN, chair of the fornia (Mr. RUIZ). maker and a policy adviser. Communications and Technology Sub- Mr. RUIZ. Mr. Speaker, I want to I had a chance to work with Ray in committee, for helping to move this thank Chairman WALDEN, Ranking his other hats: chairing the Public forward. Member PALLONE, and the committee Utilities Commission, as a distin- This bill, which I introduced last for their hard work on this bipartisan guished legislator and majority leader, year, would require the FCC to estab- bill. and, of course, his role here in Con- lish standards for collecting wireless This legislation includes my bill, gress. coverage data. Everyone at some point H.R. 5007, the Tribal Broadband De- I appreciate the product we have be- has been driving through places in ployment Act, which will direct the fore us today. I have enjoyed listening rural America that don’t get wireless FCC to improve broadband access on to people reaffirm areas that they are coverage. Unfortunately, the maps that Tribal lands within 30 months. proud of, making a difference for peo- For the communities in my congres- the FCC uses to fix coverage gaps are ple. sional district, California’s 36th Dis- often inadequate. I appreciate, in particular, the au- trict, and throughout our Nation, this Currently, the standards that define thorization of new spending to help will be a game changer. Throughout how wireless coverage is determined broadcasters’ expenses relating to spec- the Coachella Valley, the San Jacinto are not sufficient, meaning the cov- trum reallocation. This is very impor- Mountain communities, and the Pass erage maps can be incomplete or inac- tant, especially for public broadcasting regions of California, rural, under- curate. Without accurate coverage stations. developed Tribal lands are spread out But I want to raise one item of con- maps, resources needed to improve among non-Tribal communities, both cern, and I hope the chairman and wireless access will not be directed to of which are often lacking broadband ranking member would work with us to the areas that need the most help, in- internet and both of which will benefit. look at the bill’s study of spectrum for cluding rural areas. My bill will bring real resources and commercial uses dealing with the mid- I am pleased that the Energy and opportunities to these areas, improving band, or C-band, to consider public Commerce Committee agreed to in- connectivity and helping to close the broadcasting. clude this legislation, the Rural Wire- digital divide in these historically un- I fear that if we are thrust into com- less Access Act, as part of the larger derserved communities. With expand- petitive bidding with public broad- package so that we can improve wire- ing access to the internet, families, casting, they are likely to not be able less voice and mobile internet services students, workers, and businesses will to compete effectively. But it will af- and ensure the resources go to the be able to harness the power of their fect millions of people across the coun- areas that need it the most. ideas and information to achieve their try. In order to fix the problem, we have dreams and grow our local economies. I applaud the committee’s bipartisan- to get the data right. I am hopeful that I want to thank Chairman BLACK- ship and work with the Senate, but I the passage of the FCC Reauthoriza- BURN for honoring her commitment to tion Act will help folks in rural areas work with me on this issue. hope that future consideration of the get the wireless coverage they need. I urge the House to pass this impor- impact of C-band reallocation on public Mr. WALDEN. Mr. Speaker, I yield 1 tant bipartisan bill. broadcasting would be something that minute to the gentleman from Ohio Mr. WALDEN. Mr. Speaker, I yield 1 the committee could look at to make (Mr. JOHNSON), who has been a real minute to the gentleman from Penn- sure that we are protecting those vital leader on telecommunications issues. sylvania (Mr. COSTELLO), a very impor- interests. Mr. JOHNSON of Ohio. Mr. Speaker, tant member of our committee. Mr. WALDEN. Mr. Speaker, I would I, too, want to add my strongest, deep- Mr. COSTELLO of Pennsylvania. Mr. concur with my friend’s comments. I est sympathies and condolences to Ray Speaker, I rise in support of H.R. 4986, am happy to work on these issues in- Baum’s family on his passing. RAY BAUM’S Act of 2018, named after volving spectrum. I know there are Mr. Speaker, I rise today in support the late Ray Baum, who dedicated his multiple uses around, and we want to of H.R. 4986, the RAY BAUM’S Act, to life to public service. make sure that those using these fre- reauthorize the FCC for the first time Mr. Speaker, this bill includes impor- quencies are not disadvantaged. I look in 28 years. This important legislation tant provisions to modernize our tele- forward to working with the gentleman also provides transparency and effi- communications agencies and to craft on that. ciency reforms, including language policies that will fuel next generation Mr. Speaker, I yield 2 minutes to the from my bill, H.R. 2636, to create an services like gigabit service and 5G gentleman from Louisiana (Mr. SCA- independent inspector general for the networks. We are going to increase ac- LISE), a distinguished member of the FCC. cess to information and services for Energy and Commerce Committee. He Currently, the IG is not only ap- millions of Americans with this bill, also happens to have a pretty impor- pointed by the chairman, but also re- Mr. Speaker. tant title around here as the whip of ports to and is under general super- 5G networks mean doctors can more the House. He has been very involved vision of the Chairman of the Commis- effectively treat patients that live in telecommunications policies since sion. This legislation would require the hours away from the closest hospital, he first came on the Energy and Com- President, with the advice and consent automated vehicles can offer mobility merce Committee. of the Senate, to appoint the inspector to our Nation’s most vulnerable, small Mr. SCALISE. Mr. Speaker, I thank general. It is simply good governance or rural businesses can compete beyond the chairman for yielding and for his and a matter of transparency and ac- their local markets, and it means that leadership working together in a very countability to have an independent first responders can more quickly re- bipartisan way to bring forward RAY IG. open critical lines of communications BAUM’S Act. Not only is this piece of Importantly, this legislation also in the aftermath of a natural disaster. legislation important to reauthorize creates and authorizes a broadcast re- By passing this bill, we can fully re- the FCC and the important work that pack fund to address the anticipated alize the benefits of an interconnected they do, but it also is a fitting tribute

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.054 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1413 to Ray Baum himself and, in so many How often do we hear about things The SPEAKER pro tempore. The ways, to all of the work that our great that are on the books, laws that are on time of the gentleman has expired. staffs do to allow this Capitol to work the books that are so outdated and so Mr. WALDEN. Mr. Speaker, I yield properly and to allow Congress to work unnecessary? This is one of the reports an additional 30 seconds to the gen- for the American people. that we are outdating in this bill. tleman from Michigan. It doesn’t just take Members of Con- Right now, there is still, on the Mr. WALBERG. Additionally, it re- gress, but an incredibly dedicated and books, a requirement that the FCC re- quires the FCC to report to Congress talented staff, and each of us are port on the annual competition within on its efforts to promote broadband blessed to have wonderful staffs—I am the telegraph industry. Mr. Speaker, internet access for veterans, especially surely no exception—who allow us to that is right. low-income and rural veterans. do our jobs so well. The fact that we Since Samuel Morse invented the I would love to have broadband to my are using this legislation to pay tribute telegraph back in the 1830s, that might home, as well. to Ray Baum and all of the staff of the have been important in the 1800s, even This bill is critical for consumers and Capitol, I think, is equally important in the early 1900s; but the fact that our Nation’s telecommunications infra- that we do just this. today, in 2018, there is still a require- structure, and I urge its passage today. Mr. Speaker, President Trump chal- ment that the FCC issue a report on Mr. PALLONE. Mr. Speaker, in clos- lenged Congress to make the Federal competition within the telegraph in- ing, I just want to say, again, that this Government more accountable to the dustry is a glaring example of why it is bill is a bipartisan bill. There has been American people and to eliminate red so important for us to update our laws a lot of work done on both sides of the tape that hurts job creation and eco- and eliminate outdated laws. aisle. I appreciate the fact that we are nomic growth. The RAY BAUM’S Act We are getting rid of this ridiculous able to accomplish this and also in- does just that. requirement and a number of other un- clude a lot of initiatives from Members First of all, we meet those two goals necessary and ridiculous requirements on both sides of the aisle. And, again, by doing a number of things. The legis- like that so that we can free the FCC as a tribute to Ray Baum and all that lation will reauthorize the Federal up to do the important work they need he did for us over the many years, I am Communications Commission for the to do. proud to say that we enthusiastically first time in 28 years. 1515 support the bill and urge its passage. The FCC does important work for our b So, again, I commend the chairman Mr. Speaker, I yield back the balance country, especially in the tele- of my time. communications arena. I am proud to for the work that he has done in a very bipartisan way to bring forth the RAY Mr. WALDEN. Mr. Speaker, I yield continue to serve on the Communica- myself such time as I may consume. tions and Technology Subcommittee, BAUM’S Act, and I urge all of my col- leagues to support this legislation. Mr. Speaker, I want to thank my which is one of the great examples of friend from New Jersey for his good United States dominance—America is Mr. PALLONE. Mr. Speaker, I have no additional speakers, and I reserve work on this legislation and his kind the dominant force in technology—and words in memory of our mutual friend, it is important that we have fair rules the balance of my time. Mr. WALDEN. Mr. Speaker, I yield 1 Ray Baum. of the game. The FCC is that arbiter. I think it would be appropriate, as The fact that they haven’t been reau- minute to the gentleman from Michi- well, to thank the staff who put so thorized for 28 years, I think, it is long gan (Mr. WALBERG), who has been a much work into this, including Robin past due that we get this done. We also very important member of our com- Colwell, Tim Kurth, Sean Farrell, make critical reforms that will mod- mittee and active on these issues, and Lauren McCarty, Evan Viau, and Elena ernize the agencies with tools that it he had a provision in this legislation as Hernandez on the Republican side, and needs to meet the demands of con- well. David Goldman, Gerald Leverich, and sumers for the 21st century. Mr. WALBERG. Mr. Speaker, I thank This legislation creates an important the chairman for yielding. Dan Miller on the minority side. We backstop for our local radio and TV Mr. Speaker, I would first like to thank all of them for working both broadcasters who have been completing start off by remembering Ray Baum, here and on the Senate side. the final stage of the incentive auction. whom this legislation is named after, Mr. Speaker, I just want to quickly This keeps America on track to be the very appropriately, and I thank the go through the provisions again, be- global leader on 5G communications by chairman for sharing him with us. As cause this really is important. implementing new spectrum policy. was correctly stated by the whip, we For more than a quarter of a century, This is something our committee has appreciate the staff that does so much the FCC has not been reauthorized. We led on. The country needs more spec- work for us. Leaders like Ray Baum do that here, thanks to Chairwoman trum. We have been able to find cre- are special. He will be missed, but we BLACKBURN’s legislation. ative ways to free up more spectrum so will carry on in his memory and in the Second, we take care of our broad- that billions of dollars of private sector quality of service that he supplied. casters, both public and private, and investment can be used to build out The RAY BAUM’S Act does some- their translators, including FM trans- these great networks in 3G, 4G, and, thing that hasn’t been done in over 28 lators as well as public broadcasting. now, 5G so that we can continue to ad- years: it reauthorized the Federal Com- Mr. PALLONE has been a long cham- vance technology. munications Commission. It is amazing pion of the repack effort and, of course, The SPEAKER pro tempore. The to think that we have a commission as his SANDy legislation. time of the gentleman has expired. important as that and it hasn’t been You heard from Mr. SCALISE on the Mr. WALDEN. Mr. Speaker, I yield authorized—or reauthorized, or reau- legislation to consolidate redundant the gentleman from Louisiana an addi- thorized. It is time to do it and bring it and outdated FCC reports: get rid of tional 1 minute. up to this century, as well, and beyond. the ones we don’t need, streamline the Mr. SCALISE. Mr. Speaker, I would This bipartisan bill is good, forward- rest, and bring efficiency. like to also thank Chairwoman BLACK- thinking policy that modernizes the Mr. JOHNSON’s legislation to estab- BURN for including the FCC Consoli- FCC to ensure it is more transparent, lish an independent inspector general dated Reporting Act that I worked so efficient, and able to tackle the issues at the FCC, this is just good govern- closely on with Senator HELLER for of the 21st century. It maintains the ment we can all embrace. years to try to get this legislation credibility of spectrum auctions and Congresswoman MIMI WALTERS’ legis- passed. This is included as part of this the promise the FCC made to Michigan lation gives the chief information offi- legislation. This will provide relief to broadcasters. cer of the FCC the authority to play a so many job creators and to the FCC by It paves the way for new spectrum significant role in planning, budgeting, consolidating and eliminating so many auctions that will allow for the United and programming. outdated reporting requirements. States to maintain its leadership in de- Congresswoman GRACE MENG’s bill to What do I mean by eliminating out- veloping and deploying technologies prohibit spoofing calls or texts origi- dated reporting requirements, Mr. such as 5G and, ultimately, win the nating outside the U.S., plus an 18- Speaker? race to 5G. month shot clock, is put on the FCC to

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.055 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1414 CONGRESSIONAL RECORD — HOUSE March 6, 2018 conduct rulemaking in this matter. I been pushing for a ‘Dig Once’ policy, a com- The Clerk read the title of the bill. think we are all kind of getting tired of monsense proposal to ensure broadband con- The text of the bill is as follows: those spoofs we get on our phones. It duit is included in the buildout of roads and H.R. 1132 looks like they are coming from our highways when they’re being built and where Be it enacted by the Senate and House of Rep- hometowns, and it turns out they are there’s a demonstrated need for broadband resentatives of the United States of America in not. We are going to try to get to the access, rather than tearing up roads later. Dig Congress assembled, bottom of this and have the FCC work Once will enable states to make it easier for SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Political Ap- to do that. broadband providers to enter new and under- pointee Burrowing Prevention Act’’. Congressman GUTHRIE and Congress- served markets by laying the broadband con- SEC. 2. LIMITATION ON EMPLOYMENT OF POLIT- woman MATSUI’s bill to include a spec- duit during construction. ICAL APPOINTEES IN CAREER CIVIL trum auction deposit fix, this will ac- H.R. 4986 also includes the RESPONSE SERVICE POSITIONS. tually allow future actions to go for- Act that ensures that multi-line telephones (a) IN GENERAL.—Subchapter I of chapter ward legally. They couldn’t do that commonly found in office buildings and hotels 31 of title 5, United States Code, is amended by adding at the end the following: under existing law because of an inter- are equipped with location accuracy tech- pretation, and so we fixed that. That nologies. This is essential for responders to lo- ‘‘§ 3115. Employment of political appointees was very, very important. cate a 911 caller in a large building as quickly ‘‘(a) APPOINTMENT APPROVAL REQUIRED.— ‘‘(1) IN GENERAL.—The head of an agency Congressmen MCNERNEY and as possible because lives are literally on the may not appoint any individual described in KINZINGER’s legislation to require the line and every second counts. This provision paragraph (5) to a career position within the FCC to report to Congress on pro- will help save lives. agency without receiving prior written ap- moting internet excess for veterans, we I’m disappointed that the FCC Collaboration proval from the Associate Director of Merit all know how important that is, espe- Act was excluded from the final version of Systems Accountability and Compliance, cially those low-income veterans in our H.R. 4986. This is another bipartisan, com- consistent with the requirements of this sub- rural communities. monsense proposal that I have consistently in- section. Congressman LOEBSACK’s legislation troduced since 2009. It passed out of the ‘‘(2) REQUEST.—The head of an agency shall to improve mapping methodology for submit a request to the Associate Director Communications and Technology sub- to approve the appointment of any indi- mobile coverage, we need to know committee, the full Energy and Commerce vidual described in paragraph (5) to a career where we have service in America and committee, and previously passed the full position. Any such request shall include cer- where we don’t and have numbers we House, all with bipartisan support. All of the tification by the head of the agency to the can trust. former Democratic and Republican FCC mem- Associate Director that the appointment is Representative RUIZ’s legislation is bers have supported this policy one hundred necessary for the agency to meet its mission. very, very important, dealing with percent. It’s unfortunate that despite such ‘‘(3) REVIEW AND DETERMINATION.—The As- broadband in Tribal areas and carrying broad support, this provision was stripped sociate Director shall review any request re- out rulemaking to address unserved ceived pursuant to paragraph (2) and deny from the final bill despite our work in Com- any such request unless the Associate Direc- Tribal areas. We have lots of Tribal mittee. tor determines that the appointment process areas in our country that lack service. I also want to express my concerns about with respect to the request was fair, open, ANNA ESHOO’s legislation to provide some parts of the bill which consolidate the and free from political influence. If the Asso- further improvements on 911 caller in- FCC’s reporting on issues like price hikes, ciate Director makes that determination, formation that builds on Kari’s Law competition, and program diversity, and the the Associate Director may approve the re- that we have already approved, that is scaling back of provisions on critical unli- quest. really, really important. censed spectrum. I worry that we’ll regret ‘‘(4) NOTIFICATION TO CONGRESS.—With re- spect to any request approved under para- And, again, ELIOT ENGEL’s legislation weakening these public interest policies. requires the National Telecommuni- graph (3), the Associate Director shall, not Nonetheless, I support H.R. 4986 as a set of less than five days before the date the Asso- cations and Information Administra- largely positive developments for consumers, ciate Director provides approval to the head tion, the NTIA, to study and consider policymakers, and many other stakeholders in of the requesting agency, provide to the how the agency can best coordinate the the communications marketplace. I want to Committee on Oversight and Government interagency process following cyberse- thank Chairman Walden for his hard work on Reform of the House of Representatives and curity incidents. this, and urge my colleagues to vote YES on the Committee on Homeland Security and It just goes on and on, including Sen- H.R. 4986, the RAY BAUM’S Act of 2018. Governmental Affairs of the Senate the ator THUNE’s MOBILE NOW Act that The SPEAKER pro tempore. The agency certification under paragraph (2) and will help us move forward on 5G. the agency head’s rationale for that certifi- question is on the motion offered by cation. So, as you can see, this is comprehen- the gentleman from Oregon (Mr. WAL- ‘‘(5) COVERED INDIVIDUALS.—An individual sive, thoughtful, well-written legisla- DEN) that the House suspend the rules described in this paragraph is— tion on telecommunications, moves our and pass the bill, H.R. 4986, as amend- ‘‘(A) a political appointee; country forward, reauthorizes the FCC, ed. ‘‘(B) a former political appointee who held and is a fitting tribute to my friend The question was taken; and (two- any political position during the five-year and our policy leader, Mr. Ray Baum thirds being in the affirmative) the period before the date of the request de- from Oregon. rules were suspended and the bill, as scribed in paragraph (2); or Mr. Speaker, I encourage my col- amended, was passed. ‘‘(C) at the discretion of the Director of the leagues to support this legislation, and Office of Personnel Management, a former The title of the bill was amended so political appointee who held any political I yield back the balance of my time. as to read: ‘‘A bill to amend the Com- position before the five-year period described Ms. ESHOO. Mr. Speaker, I rise today in munications Act of 1934 to reauthorize in subparagraph (B). support of H.R. 4986, the RAY BAUM’S Act, appropriations for the Federal Commu- ‘‘(b) RESTRICTION ON APPOINTMENT.— the first FCC reauthorization in 28 years, nications Commission, and for other ‘‘(1) IN GENERAL.—Notwithstanding any named for our dear friend, the late Ray Baum. purposes.’’. other law, rule, or regulation, during the 2- This bill is the product of many long hours A motion to reconsider was laid on year period following the date a political ap- of hard work to achieve a bipartisan, bi- pointee leaves or departs from a political po- the table. sition, such appointee may not be appointed cameral compromise. While no bill is perfect, f to any career position in the civil service. this legislation contains many solid policy ad- ‘‘(2) EXCEPTION.—Paragraph (1) shall not vancements for digital communications in the POLITICAL APPOINTEE BURROWING PREVENTION ACT apply to a political appointee who has not 21st century. personally and substantially participated in I’m especially glad to see two bills I’ve Mr. BLUM. Mr. Speaker, I move to any particular matter while employed in a championed for many years included in this suspend the rules and pass the bill political position. package, ‘Dig Once’ which I first introduced in (H.R. 1132) to amend title 5, United ‘‘(c) APPLICATION.—Nothing in this section States Code, to provide for a 2-year shall be construed to restrict the appoint- 2009, and the RESPONSE Act, which I first ment of an individual who is— introduced in 2010. Broadband is essential for prohibition on employment in a career ‘‘(1) entitled to reinstatement under sec- every community in our country to function civil service position for any former tion 3593(b); or today, just as the physical roads and bridges political appointee, and for other pur- ‘‘(2) eligible for reinstatement under sec- we travel on are. For nearly a decade, I’ve poses, as amended. tion 3593(a).

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.057 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1415 ‘‘(d) DEFINITIONS.—In this section— States Code, as added by subsection (a), con- In closing, this bill protects the in- ‘‘(1) the term ‘agency’ has the meaning sistent with section 2641.201 of title 5, Code tegrity of the merit-based system so given the term ‘Executive agency’ in section of Federal Regulations. career politicians stay free of politics. 105; The SPEAKER pro tempore. Pursu- The American people deserve nothing ‘‘(2) the term ‘Associate Director’ means ant to the rule, the gentleman from the Associate Director of Merit Systems Ac- less. Iowa (Mr. BLUM) and the gentleman countability and Compliance at the Office of Mr. Speaker, I urge my colleagues to Personnel Management; from Virginia (Mr. CONNOLLY) each will support the bill, and I reserve the bal- ‘‘(3) the term ‘political appointee’ means control 20 minutes. ance of my time. an individual serving in an appointment of The Chair recognizes the gentleman Mr. CONNOLLY. Mr. Speaker, I yield any duration to a political position; from Iowa. myself such time as I may consume. ‘‘(4) the term ‘political position’ means— GENERAL LEAVE Mr. Speaker, the bill before us is H.R. ‘‘(A) a position with respect to which ap- Mr. BLUM. Mr. Speaker, I ask unani- 1132, the Political Appointee Burrowing pointment is made— mous consent that all Members may Prevention Act, as amended. ‘‘(i) by the President; or have 5 legislative days in which to re- I want to thank my friends on the ‘‘(ii) by the President, by and with the ad- vise and extend their remarks and in- vice and consent of the Senate; majority for working with us to im- ‘‘(B) a position which has been excepted clude extraneous material on the bill prove this bill since its consideration from the competitive service by reason of its under consideration. by the committee. Because of the im- confidential, policy-determining, policy- The SPEAKER pro tempore. Is there provements we have been able to make, making, or policy-advocating character; objection to the request of the gen- I support moving this bill forward in ‘‘(C) a position described under sections tleman from Iowa? the legislative process; however, I con- 5312 through 5316 (relating to the Executive There was no objection. tinue to believe that some further Schedule); and Mr. BLUM. Mr. Speaker, I yield my- changes may be needed. ‘‘(D) a general position in the Senior Exec- self such time as I may consume. utive Service during such time as it is filled Mr. Speaker, I rise today in support The bill would make it very difficult by— of H.R. 1132, the Political Appointee to hire former political appointees into ‘‘(i) a noncareer appointee, as defined in Burrowing Prevention Act, introduced career positions in the Federal Govern- paragraph (7) of section 3132(a); or by the gentleman from Colorado, Rep- ment. It would prohibit hiring a former ‘‘(ii) a limited term appointee or limited political appointee into a career posi- resentative BUCK. emergency appointee, as defined in para- tion for 2 years after that individual graphs (5) and (6) of section 3132(a), who is This important bill will protect the integrity of the civil service and ensure held a political position. serving under a political appointment. It would also add significant hurdles ‘‘(5) the term ‘career position’ means— the American people are served by a ‘‘(A) a position in the competitive service competent, nonpolitical career work- for agencies seeking to hire an appli- filled by career or career-conditional ap- force. cant to a career position who separated pointment; Under current law, each administra- from a political appointment in the ‘‘(B) a position in the excepted service tion appoints a political staff to help last 5 years. The agency would be re- filled by an appointment of equivalent ten- advance the administration’s political quired to certify to the Office of Per- ure as a position described in subparagraph sonnel Management that the appoint- (A); goals. These political employees leave at the end of the administration to ment is ‘‘necessary to the agency’s ‘‘(C) a career reserved position, as defined ability to meet its mission.’’ in paragraph (8) of section 3132(a), in the make way for the next administra- Senior Executive Service; or tion’s appointees. There are several controls already in ‘‘(D) a general position in the Senior Exec- In contrast, the career civil service is place to ensure that the process used to utive Service when filled by a career ap- designed to carry over from adminis- hire former political appointees into pointee, as defined in section 3132(a)(4); tration to administration. These em- career positions is fair, open, and based ‘‘(6) the term ‘participated’ means an ac- ployees should be hired based on their on merit. For example, the Office of tion taken as an officer or employee through qualifications and promoted based on Personnel Management must ensure, decision, approval, disapproval, rec- their performance. Despite the signifi- right now, that the appointment proc- ommendation, the rendering of advice, inves- ess was free from political influence tigation, or other such action; and cant differences between the two types ‘‘(7) the term ‘particular matter’ includes of positions, however, political ap- and report the results of its reviews to any investigation, application, request for a pointees are currently allowed to con- Congress. ruling or determination, rulemaking, con- vert to career positions. This practice A February 2017 report found that tract, controversy, claim, charge, accusa- is known as ‘‘burrowing.’’ OPM reviewed just 16 requests by agen- tion, arrest, or judicial or other pro- As the Government Accountability cies to hire former political appointees ceeding.’’. Office explained: ‘‘Circumstances sur- from October 1, 2016, through January (b) CLERICAL AMENDMENT.—The table of rounding conversions can raise ques- 20, 2017, and did not find any reason to sections of chapter 31 of title 5, United tions as to whether the individuals se- deny any of those requests. States Code, is amended by adding after the We all want the best people in the item relating to section 3114 the following: lected experienced favoritism or en- joyed an unfair advantage in the selec- Federal service, and there should be no ‘‘3115. Employment of political appointees.’’. undue favoritism in the hiring process. (c) APPLICATION.— tion process.’’ (1) APPOINTMENT REQUESTS.—Section GAO went on to say: ‘‘Any appear- In comments on this bill, OPM sug- 3115(a) of title 5, United States Code, as ance of this could compromise the gested that certain provisions may added by subsection (a), shall apply to any merit system’s integrity.’’ conflict with the merit system prin- appointment or request for appointment de- H.R. 1132, the Political Appointee ciples that have formed the basis of the scribed in such section submitted to the As- Burrowing Prevention Act, will enact Federal civil service for over a century. sociate Director of Merit Systems Account- in law the requirement for OPM to re- That issue should be clarified before ability and Compliance after the date of en- view political conversions. this bill becomes enacted into law. actment of this Act. The bill also raises the bar for polit- Nonetheless, we support the spirit (2) LIMITATION ON APPOINTMENTS.—Section 3115(b) of title 5, United States Code, as ical conversions, requiring an agency with which the bill is offered us today, added by subsection (a), shall apply to any certify the conversion is necessary to and we have no objections to the legis- individual who leaves or departs from a po- meet its mission. To ensure Congress lation in front of us. litical position (as that term is defined in can continue to monitor for abuse, the Mr. Speaker, I reserve the balance of section 3115(c)(2) of such title, as added by certification must be provided to Con- my time. such subsection) after the date of enactment gress before it is approved. Mr. BLUM. Mr. Speaker, I yield 5 of this Act. Finally, the bill prohibits political minutes to the gentleman from Colo- (d) REGULATIONS REQUIRED.—The Director conversions within 2 years of leaving a rado (Mr. BUCK), the sponsor of the bill of the Office of Personnel Management shall political appointment. This ensures and my esteemed colleague. issue regulations necessary to carry out this Act. Such regulations shall include guidance sufficient time has passed between Mr. BUCK. Mr. Speaker, I thank the on the definition of the term ‘‘personally and when political appointees finish their gentleman from Iowa for the time substantially participated in a particular appointment and when they may be- today to talk about this important leg- matter’’ in section 3115(b)(2) of title 5, United come a career employee. islation.

VerDate Sep 11 2014 02:26 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.011 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1416 CONGRESSIONAL RECORD — HOUSE March 6, 2018 Mr. Speaker, I want to speak on be- Mr. CONNOLLY. Mr. Speaker, I yield (5) estimates on the cost for such options half of the Political Appointee Bur- myself the balance of my time. as part of— rowing Prevention Act. This important Mr. Speaker, I do support the bill in (A) all Top Secret investigations; or legislation addresses a problem affect- the spirit in which this bill is offered. (B) all Secret and Top Secret investiga- tions. ing our Federal workforce. I think we want to make sure we pre- Our Federal civil service hiring proc- serve the integrity of the civil service The SPEAKER pro tempore. Pursu- ess is supposed to be a competitive, system that we have worked so hard to ant to the rule, the gentleman from merit-based system where the best and build in this country, where we build in Iowa (Mr. BLUM) and the gentleman brightest individuals are considered integrity and we avoid nepotism and from Virginia (Mr. CONNOLLY) each will based on their qualifications and abil- favoritism and political connections control 20 minutes. ity to do their job, not because of their over merit. The Chair recognizes the gentleman political connections. However, we One caveat, though, as I mentioned: from Iowa. have seen a concerning trend where ex- once in a while, there may be a polit- GENERAL LEAVE cepted service employees, specifically ical appointee who is the best thing Mr. BLUM. Mr. Speaker, I ask unani- political appointees, are converted into since sliced bread, who brings a level of mous consent that all Members may high-paying, lifelong civil service posi- expertise that we need, and we don’t have 5 legislative days in which to re- tions, bypassing the normal competi- want to make it harder to look at vise and extend their remarks and in- tive hiring process. those credentials on their merits. I clude extraneous material on the bill This process, also known as ‘‘bur- know that is not the intention of the under consideration. rowing,’’ defeats the purpose of having bill, but it may be one of the unin- The SPEAKER pro tempore. Is there a nonpartisan, merit-based civil serv- tended consequences, and that is what objection to the request of the gen- ice. In fact, the Government Account- we want to just make sure we are not tleman from Iowa? ability Office reports that the Obama doing as we move forward, but with There was no objection. administration converted 78 political that, I support the bill. Mr. BLUM. Mr. Speaker, I yield my- appointments into career positions, Mr. Speaker, I yield back the balance self such time as I may consume. while the Bush administration allowed of my time. Mr. Speaker, I rise today in support 135 political appointees to burrow into Mr. BLUM. Mr. Speaker, I urge adop- of H.R. 3737, the Social Media Use in career positions. tion of the bill, and I yield back the Clearance Investigations Act of 2017, This trend raises significant concerns balance of my time. introduced by the gentleman from that individuals who were not chosen The SPEAKER pro tempore. The Florida, Representative DESANTIS. based solely on their merits may, at question is on the motion offered by According to the Pew Research Cen- best, not be the most qualified can- the gentleman from Iowa (Mr. BLUM) ter, 7 in 10 Americans use social media didate for the job, or, at worst, may that the House suspend the rules and today. A significant portion of those not be willing to properly execute the pass the bill, H.R. 1132, as amended. Americans’ personal and professional law under a new administration. The question was taken; and (two- interactions occur online. It is just thirds being in the affirmative) the common sense that the government b 1530 rules were suspended and the bill, as should check the social media of indi- Political appointees are supposed to amended, was passed. viduals who apply for security clear- serve their appointing President’s A motion to reconsider was laid on ances, but it doesn’t. agenda for a temporary period of time. the table. H.R. 3737 will move the government Part of their duty to the Nation is to f toward implementing checks of social know when it is time to step down media for individuals we trust with our SOCIAL MEDIA USE IN CLEARANCE from their position of power. country’s most sensitive information. Congress must act to ensure this INVESTIGATIONS ACT OF 2017 The bill requires a study of the use of principle is upheld and to protect the Mr. BLUM. Mr. Speaker, I move to social media in security clearance in- independence of our merit-based civil suspend the rules and pass the bill vestigations to inform government- service. That is why I, along with my (H.R. 3737) to provide for a study on the wide implementation of social media friend and colleague, Representative use of social media in security clear- checks. The study will provide com- TED LIEU, have offered an equitable so- ance investigations. prehensive information on existing lution to ensure this problem is The Clerk read the title of the bill. pilot programs, lessons learned, and stopped in its tracks. The text of the bill is as follows: costs. Our bill, the Political Appointee Bur- H.R. 3737 We must begin the process of rowing Prevention Act, places a 2-year Be it enacted by the Senate and House of Rep- strengthening the system now, and ban on political appointees being hired resentatives of the United States of America in that starts with determining best prac- for any job in the civil service after Congress assembled, tices for moving forward. they depart a political position. SECTION 1. SHORT TITLE. H.R. 3737 will help ensure that gov- Additionally, the bill ensures that This Act may be cited as the ‘‘Social Media ernment checks social media before after the 2-year ban is completed, the Use in Clearance Investigations Act of 2017’’. issuing security clearances. head of the agency seeking to employ SEC. 2. STUDY ON USE OF SOCIAL MEDIA IN SE- CURITY CLEARANCE INVESTIGA- Mr. Speaker, I urge my colleagues to the individual must submit a written TIONS. support this bill, and I reserve the bal- request to OPM detailing why hiring a Not later than 6 months after the date of ance of my time. former appointee is necessary to the enactment of this Act, the Director of the Mr. CONNOLLY. Mr. Speaker, I yield agency’s mission. Office of Management and Budget shall sub- myself such time as I may consume. Furthermore, OPM is instructed to mit to Congress a report on the examination Mr. Speaker, I think this bill is long deny the application unless the agency of social media activity during security overdue and recognizes the internet head can prove why it is necessary to clearance investigations, including— world in which we live and operate. (1) the current use of publicly available so- hire this individual instead of an appli- cial media in security clearance background This bill would require the Director cant from the merit-based hiring pool. investigations; of the Office of Personnel Management This commonsense bill ensures that (2) any legal impediments to examining to issue a report to Congress on the use our Federal workforce is filled with ca- publicly available social media activity, and of social media checks in background reer civil servants who are the most whether those impediments are statutory or investigations for security clearances. qualified, not the most politically con- regulatory in nature; In recent years, a number of agencies nected. (3) the results of any pilot programs to in- have begun pilot programs to help de- Mr. Speaker, I urge my colleagues to corporate social media checks in such inves- velop the best methods of incor- tigations, including the effectiveness and support this commonsense legislation cost of such programs; porating social media into those back- that ensures our Federal workforce is (4) options for widespread implementation ground checks. For example, the Army being selected by merit, not by polit- of the examination of social media activity initiated a pilot program that found ical patronage. during such investigations; and that while checking social media is a

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.061 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1417 valuable tool, it can be costly and may door to them in an apartment 10 years (D) in subclause (II), as so redesignated, by raise some legal issues. ago. striking the period at the end and inserting This bill would require that OPM I think that this bill is overdue. the following: ‘‘, including— conduct a comprehensive study on Mr. Speaker, I thank my colleague ‘‘(aa) the means by which employees may seek review of any allegation of reprisal, in- from Massachusetts (Mr. LYNCH) for co- those issues and report back to the cluding the roles of the Office of the Inspec- Congress. This one-time report would sponsoring it for me, and I am proud to tor General, the Office of Special Counsel, describe the current uses of social be here today as the sponsor. I think the Merit Systems Protection Board, and media postings for investigative pur- this should have bipartisan support. I any other relevant entities; and poses and any legal concerns or impedi- think it will give us some good answers ‘‘(bb) general information about the time- ments that may arise. In addition, the and we can move forward and mod- liness of such cases, the availability of any report would summarize the results of ernize this process. alternative dispute mechanisms, and ave- Mr. CONNOLLY. Mr. Speaker, I yield nues for potential relief.;’’; and any pilot programs on the use of social (E) by adding at the end the following: media conducted to date and provide myself the balance of my time. Mr. Speaker, in closing, we think ‘‘(ii) assist the Inspector General in pro- cost estimates for implementing their moting the timely and appropriate handling widespread use in background inves- this is a commonsense bill. I agree with and consideration of protected disclosures tigative processes. the sentiments just expressed by our and allegations of reprisal, to the extent The report would greatly assist Con- friend from Florida that, in today’s day practicable, by the Inspector General; and gress, I believe, in determining whether and age, we can’t not take cognizance ‘‘(iii) assist the Inspector General in facili- further legislative action is needed of social media, and it can be a useful tating communication and coordination with the Special Counsel, the Council of the In- when it comes to the Federal Govern- tool in evaluating someone’s security clearance application. spectors General on Integrity and Efficiency, ment’s use of social media in back- the agency, Congress, and any other relevant ground investigations. We also understand it could be a tool that is used to invade people’s privacy, entity regarding the timely and appropriate This bill was approved without oppo- handling and consideration of protected dis- sition by our committee, the Com- and we want to avoid that. That is why closures, allegations of reprisal, and general mittee on Oversight and Government what this bill does is call for a report matters regarding the implementation and Reform, last year, and I certainly com- looking at all of the legal ramifica- administration of whistleblower protection mend it to our colleagues today. tions and the practicality of utilizing laws, rules, and regulations.’’; Mr. Speaker, I want to thank Mr. this tool to get to a better outcome in (2) in paragraph (2), by striking ‘‘Ombuds- man’’ and inserting ‘‘Coordinator’’; DESANTIS and Mr. LYNCH for their lead- the process of security clearances. Mr. Speaker, I support the bill and (3) by redesignating paragraph (3) as para- ership on what I think is a common- graph (4); and sense measure that will actually im- commend it to our colleagues. Mr. Speaker, I yield back the balance (4) by inserting after paragraph (2) the fol- prove the process. lowing: Mr. Speaker, I urge every Member to of my time. ‘‘(3) The Whistleblower Protection Coordi- Mr. BLUM. Mr. Speaker, I urge adop- support the bill, and I reserve the bal- nator shall have direct access to the Inspec- tion of the bill, and I yield back the ance of my time. tor General as needed to accomplish the re- Mr. BLUM. Mr. Speaker, I yield 5 balance of my time. quirements of this subsection.’’. The SPEAKER pro tempore. The (b) RESPONSIBILITIES OF CIGIE.—Section minutes to the gentleman from Florida question is on the motion offered by 11(c) of the Inspector General Act of 1978 (5 (Mr. DESANTIS), the sponsor of this bill. U.S.C. App.) is amended by adding at the end the gentleman from Iowa (Mr. BLUM) Mr. DESANTIS. Mr. Speaker, in the the following: that the House suspend the rules and private sector, if an employer is going ‘‘(5) ADDITIONAL RESPONSIBILITIES RELATING pass the bill, H.R. 3737. to hire somebody, a lot of times they TO WHISTLEBLOWER PROTECTION.—The Council The question was taken; and (two- shall— will do a Google search, they will thirds being in the affirmative) the check social media postings to try to ‘‘(A) facilitate the work of the Whistle- rules were suspended and the bill was blower Protection Coordinators designated learn a little bit more about this pro- passed. under section 3(d)(C); and spective employee. A motion to reconsider was laid on ‘‘(B) in consultation with the Office of Spe- It may be hard to believe, but the the table. cial Counsel and Whistleblower Protection Federal Government often fails to con- Coordinators from the member offices of the duct a simple internet search on indi- f Inspector General, develop best practices for viduals before they are trusted with a WHISTLEBLOWER PROTECTION coordination and communication in pro- security clearance. EXTENSION ACT OF 2017 moting the timely and appropriate handling Publicly available social media is one and consideration of protected disclosures, Mr. BLUM. Mr. Speaker, I move to allegations of reprisal, and general matters of the best ways to understand an indi- suspend the rules and pass the bill regarding the implementation and adminis- vidual’s interests and intentions, but (H.R. 4043) to amend the Inspector Gen- tration of whistleblower protection laws, in our investigatory process still focuses eral Act of 1978 to reauthorize the accordance with Federal law.’’. on interviewing the applicant’s family, whistleblower protection program, and (c) REPORTING.—Section 5 of the Inspector friends, and neighbors. For over a dec- for other purposes, as amended. General Act of 1978 (5 U.S.C. App.) is amend- ade, various agencies, including the Of- The Clerk read the title of the bill. ed— fice of Personnel Management, have The text of the bill is as follows: (1) in subsection (a), by amending para- graph (20) to read as follows: conducted studies and pilot programs H.R. 4043 ‘‘(20)(A) a detailed description of any in- to assess the effectiveness of social Be it enacted by the Senate and House of Rep- stance of whistleblower retaliation, includ- media checks in security clearance in- resentatives of the United States of America in ing information about the official found to vestigations. Congress has not been Congress assembled, have engaged in retaliation; and provided those results. SECTION 1. SHORT TITLE. ‘‘(B) what, if any, consequences the estab- What this bill will do is it will re- This Act may be cited as the ‘‘Whistle- lishment actually imposed to hold the offi- quire these agencies to identify best blower Protection Extension Act of 2017’’. cial described in subparagraph (A) account- practices so that we can use this going SEC. 2. REAUTHORIZATION. able;’’; and (a) IN GENERAL.—Section 3(d) of the Inspec- (2) in subsection (b)— forward to make sure that the people tor General Act of 1978 (5 U.S.C. App.) is (A) in paragraph (3)(D), by striking ‘‘and’’ who are employed by this government, amended— at the end; armed with a security clearance, who (1) in paragraph (1)(C)— (B) by redesignating paragraph (4) as para- have access to sensitive information (A) by redesignating clauses (i) and (ii) as graph (5); and that puts the security of the country at subclauses (I) and (II), respectively, and ad- (C) by inserting after paragraph (3) the fol- risk, that these are people whom we justing the margins accordingly; lowing: want to have there and they are not (B) by striking ‘‘Ombudsman who shall ‘‘(4) whether the establishment entered folks who have ulterior designs. educate agency employees—’’ and inserting into a settlement agreement with the offi- the following: ‘‘Coordinator who shall— A lot of times it is going to be much cial described in subsection (a)(20)(A), which ‘‘(i) educate agency employees—’’; shall be reported regardless of any confiden- more informative to look at their pub- (C) in subclause (I), as so redesignated, by tiality agreement relating to the settlement licly available writings than to talk to striking ‘‘on retaliation’’ and inserting agreement; and’’. somebody who may have lived next ‘‘against retaliation’’; (d) REPEAL OF SUNSET.—

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.064 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1418 CONGRESSIONAL RECORD — HOUSE March 6, 2018 (1) IN GENERAL.—Subsection (c) of section Representative BLUM and Committee ‘‘§ 1355. Prohibition on use of funds for por- 117 of the Whistleblower Protection En- on Oversight and Government Reform traits hancement Act of 2012 (Public Law 112–199; Ranking Member ELIJAH CUMMINGS in- ‘‘(a) No funds appropriated or otherwise 126 Stat. 1475) is repealed. troduced this bill to extend the pilot made available to the Federal Government (2) RETROACTIVE EFFECTIVE DATE.—The program that requires every inspector may be used to pay for the painting of a por- amendment made by paragraph (1) shall take trait of an officer or employee of the Federal effect on November 26, 2017. general’s office to have a liaison dedi- Government, including the President, the The SPEAKER pro tempore. Pursu- cated to assisting whistleblowers. Vice President, a Member of Congress, the ant to the rule, the gentleman from Under this legislation, the whistle- head of an executive agency, or the head of blower protection coordinator would an office of the legislative branch. Iowa (Mr. BLUM) and the gentleman help educate agency employees about ‘‘(b) In this section— from Virginia (Mr. CONNOLLY) each will ‘‘(1) the term ‘executive agency’ has the control 20 minutes. whistleblower protection laws. This bill would help employees who want to meaning given the term in section 133 of The Chair recognizes the gentleman title 41; and from Iowa. blow the whistle know their rights, and ‘‘(2) the term ‘Member of Congress’ in- it would put agency management on GENERAL LEAVE cludes a Delegate or Resident Commissioner Mr. BLUM. Mr. Speaker, I ask unani- notice that it is against the law to re- to Congress.’’. mous consent that all Members may taliate against whistleblowers. (b) CLERICAL AMENDMENT.—The table of This bill would require whistleblower sections for subchapter III of chapter 13 of have 5 legislative days in which to re- protection coordinators to provide title 31, United States Code, is amended by vise and extend their remarks and in- whistleblowers who have suffered retal- adding after the item relating to section 1354 clude extraneous material on the bill iation information about options avail- the following new item: under consideration. able to them to have their allegations ‘‘1355. Prohibition on use of funds for por- The SPEAKER pro tempore. Is there traits.’’. evaluated. objection to the request of the gen- The SPEAKER pro tempore. Pursu- tleman from Iowa? b 1545 ant to the rule, the gentleman from There was no objection. No matter how strong we make our Iowa (Mr. BLUM) and the gentleman Mr. BLUM. Mr. Speaker, I yield my- whistleblower protection laws, they from Virginia (Mr. CONNOLLY) each will self such time as I may consume. will not help if whistleblowers do not control 20 minutes. Mr. Speaker, I rise today in support know how to exercise their rights The Chair recognizes the gentleman of H.R. 4043, the Whistleblower Protec- under those laws. from Iowa. tion Extension Act, a bill I introduced I urge my colleagues to pass this bi- GENERAL LEAVE with Ranking Member ELIJAH CUM- partisan measure to strengthen whis- Mr. BLUM. Mr. Speaker, I ask unani- MINGS. tleblower protections. I urge passage of mous consent that all Members have 5 The Whistleblower Protection Exten- this commonsense bill, this good gov- legislative days in which to revise and sion Act reauthorizes the whistle- ernment bill coming out of our com- extend their remarks and to include ex- blower ombudsman program. mittee. I thank my friend from Iowa traneous material on the bill under Whistleblowers are the front line of for collaborating with the gentleman consideration, including an exchange defense against waste, fraud, and abuse from Maryland (Mr. CUMMINGS) on this of letters on the House companion bill, in the Federal Government, but too commonsense piece of legislation, and I H.R. 1701, between the Committee on many Federal employees are unaware urge its adoption. Oversight and Government Reform and of the laws that protect them and the Mr. Speaker, I yield back the balance the Committee on House Administra- options available for dealing with re- of my time. tion. taliation and other actions intended to Mr. BLUM. Mr. Speaker, I urge adop- The SPEAKER pro tempore. Is there silence them. tion of the bill, and I yield back the objection to the request of the gen- To address this problem, Congress balance of my time. tleman from Iowa? created the ombudsman program in The SPEAKER pro tempore. The There was no objection. 2012. The program directs agency in- question is on the motion offered by Mr. BLUM. Mr. Speaker, I yield my- spectors general to designate an om- the gentleman from Iowa (Mr. BLUM) self such time as I may consume. budsman for whistleblower protections that the House suspend the rules and Mr. Speaker, I rise today in support at the agency. They provide informa- pass the bill, H.R. 4043, as amended. of S. 188, the Eliminating Government- tion to employees on whistleblower The question was taken; and (two- Funded Oil-Painting Act, a bill intro- protections and remedies in the event thirds being in the affirmative) the duced by Senator BILL CASSIDY. In of retaliation. rules were suspended and the bill, as years past, the Federal Government This program was originally a com- amended, was passed. spent hundreds of thousands of dollars ponent of the 2012 Whistleblower Pro- A motion to reconsider was laid on on portraits of government officials. tection Enhancement Act and was set the table. Taxpayer funds should be invested in to expire after 5 years. Over the past 5 f programs that benefit taxpayers and years, the ombudsman program has re- our country, not oil paintings of Cabi- ceived high marks from the inspector ELIMINATING GOVERNMENT- net members to boost their egos. general community. This benefits the FUNDED OIL-PAINTING ACT That is why today we consider S. 188, country as a whole and makes the Fed- Mr. BLUM. Mr. Speaker, I move to the Eliminating Government-Funded eral Government more efficient. For suspend the rules and pass the bill (S. Oil-Painting Act, otherwise known as that reason, it is imperative that we 188) to prohibit the use of Federal funds the ‘‘EGO Act.’’ The EGO Act makes pass H.R. 4043 and make the ombuds- for the costs of painting portraits of of- clear, once and for all, that govern- man program permanent. ficers and employees of the Federal ment agencies cannot spend taxpayer Mr. Speaker, I urge my colleagues to Government, as amended. dollars on oil paintings. support this bill, and I reserve the bal- The Clerk read the title of the bill. Mr. Speaker, I urge my colleagues to ance of my time. The text of the bill is as follows: support this commonsense, bipartisan Mr. CONNOLLY. Mr. Speaker, I yield S. 188 legislation. myself such time as I may consume. Be it enacted by the Senate and House of Rep- Mr. Speaker, I reserve the balance of Mr. Speaker, the need for this bill resentatives of the United States of America in my time. comes into recent focus just today with Congress assembled, HOUSE OF REPRESENTATIVES, COM- reports, maybe unconfirmed, that one SECTION 1. SHORT TITLE. MITTEE ON OVERSIGHT AND GOV- of the Trump Cabinet members is en- This Act may be cited as the ‘‘Eliminating ERNMENT REFORM, gaged in a witch hunt against a whis- Government-funded Oil-painting Act’’ or the Washington, DC, December 6, 2017. ‘‘EGO Act’’. tleblower. We need this kind of protec- Hon. GREGG HARPER, SEC. 2. PROHIBITION ON USE OF FUNDS FOR Chairman, Committee on House Administration, tion. PORTRAITS. House of Representatives, Washington, DC. Mr. Speaker, I rise in strong support (a) IN GENERAL.—Subchapter III of chapter DEAR MR. CHAIRMAN: On September 13, of H.R. 4043, the Whistleblower Protec- 13 of title 31, United States Code, is amended 2017, the Committee on Oversight and Gov- tion Extension Act. by adding at the end the following: ernment Reform ordered reported H.R. 1701,

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.014 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1419 the ‘‘Eliminating Government-funded Oil- I guess it was an attempt to achieve to pass S. 188, sending it to the President’s painting Act’’ with an amendment, by voice immortality, but it really is an act of desk. vote. The bill was referred primarily to the ego that is a little embarrassing, even The SPEAKER pro tempore. The Committee on Oversight and Government Reform, with an additional referral to the for Washington, D.C. question is on the motion offered by Committee on House Administration. This is an important bill, a common- the gentleman from Iowa (Mr. BLUM) I ask that you allow the Committee on sense bill, that brings us all back to that the House suspend the rules and House Administration to be discharged from Earth; that none of us is expendable pass the bill, S. 188, as amended. further consideration of the bill so that it and that, frankly, we make our con- The question was taken; and (two- may be scheduled by the Majority Leader. tribution and we move on. thirds being in the affirmative) the This discharge in no way affects your juris- This bill strikes at the uncontrolled rules were suspended and the bill, as diction over the subject matter of the bill, egos and, I hope, sends a message to and it will not serve as precedent for future amended, was passed. referrals. In addition, should a conference on those narcissists among us that they The title of the bill was amended so the bill be necessary, I would support your can stay that way if they wish, but the as to read: ‘‘An Act to amend title 31, request to have the Committee on House Ad- taxpayer is not going to pay for their United States Code, to prohibit the use ministration represented on the conference oil painting. of Federal funds for the costs of paint- committee. Finally, I would be pleased to in- I thank my friend from Iowa for ing portraits of officers and employees clude this letter and any response in the bill bringing up the bill. I support the bill, of the Federal Government, and for report filed by the Committee on Oversight and urge its passage. and Government Reform, as well as in the other purposes.’’. Congressional Record during floor consider- Mr. Speaker, I reserve the balance of A motion to reconsider was laid on ation, to memorialize our understanding. my time. the table. Thank you for your consideration of my Mr. BLUM. Mr. Speaker, I would like request. to make the gentleman from Virginia f Sincerely, aware that I have no further speakers ANNOUNCEMENT BY THE SPEAKER TREY GOWDY. and I am prepared to close. I enjoy my PRO TEMPORE colleague from Virginia’s rather dry HOUSE OF REPRESENTATIVES, sense of wit and humor. The SPEAKER pro tempore. Pursu- COMMITTEE ON HOUSE ADMINISTRATION, Mr. Speaker, I reserve the balance of ant to clause 8 of rule XX, proceedings Washington, DC, December 6, 2017. will resume on questions previously Hon. TREY GOWDY, my time. Chairman, Committee on Oversight and Govern- Mr. CONNOLLY. Mr. Speaker, I postponed. ment Reform, Washington, DC. thank my friend from Iowa, with whom Votes will be taken in the following DEAR MR. CHAIRMAN: Thank you for your I share a dry sense of humor. I will re- order: letter regarding H.R. 1701. As you know, the mind him, being Irish, that The motion to recommit on H.R. bill was received in the House of Representa- leprechauns are always on the shoul- 4607; and tives on March 23, 2017, and referred pri- Passage of H.R. 4607, if ordered. marily to the Committee on Oversight and der, especially this time of year. Government Reform and in addition to the Mr. Speaker, I like this bill. I think The first electronic vote will be con- Committee on the Committee on House Ad- most taxpayers are going to like this ducted as a 15-minute vote. The second ministration. The bill seeks to restrict funds bill. I think it is high time we acted on electronic vote will be conducted as a appropriated or otherwise made available to this kind of improvement and injected 5-minute vote. the Federal Government from being used to a sense of humility and humanity into f pay for the painting of a portrait of an offi- our enterprise here in the United cer or employee of the Federal Government, including the President, the Vice President, States Capitol. I urge passage of this COMPREHENSIVE REGULATORY a Member of Congress, the head of an execu- bill. REVIEW ACT tive agency, or the head of an office of the Mr. Speaker, I yield back the balance The SPEAKER pro tempore. The un- legislative branch. On September 13, 2017, of my time. finished business is the vote on the mo- your Committee ordered H.R. 1701 to be re- Mr. BLUM. Mr. Speaker, I urge adop- ported with an amendment by voice vote. tion to recommit on the bill (H.R. 4607) tion of the bill, and I yield back the to amend the Economic Growth and I realize that discharging the Committee balance of my time. on House Administration from further con- Regulatory Paperwork Reduction Act sideration of H.R. 1701 will serve in the best Mr. CARTWRIGHT. Mr. Speaker, I rise of 1996 to ensure that Federal financial interest of the House of Representatives and today in support of S. 188, the Eliminating regulators perform a comprehensive re- agree to do so. It is the understanding of the Government-funded Oil-painting Act, an acro- view of regulations to identify out- Committee on House Administration that nym for the EGO Act. dated or otherwise unnecessary regu- forgoing action on H.R. 1701 will not preju- S. 188 is the Senate companion to H.R. dice the Committee with respect to appoint- latory requirements imposed on cov- 1401, legislation that I introduced along with ered persons, and for other purposes, ment of conferees or any future jurisdic- Representatives JIM BRIDENSTINE, CHERI tional claim. I request that your letter and offered by the gentlewoman from Mas- BUSTOS, WALTER JONES, LEONARD LANCE, this response be included in the bill report sachusetts (Ms. CLARK), on which the DAVID MCKINLEY, PETE OLSON, and TOM RICE. filed by your Committee, as well as in the yeas and nays were ordered. My friend and former House colleague, Sen- Congressional Record. The Clerk will redesignate the mo- ator BILL CASSIDY, is the lead sponsor of S. Sincerely, tion. 188 which passed the Senate unanimously on GREGG HARPER, The Clerk redesignated the motion. Chairman. September 18, 2017. The SPEAKER pro tempore. The The EGO Act would prohibit Federal funds Mr. CONNOLLY. Mr. Speaker, I yield question is on the motion to recommit. from being used to pay for the costs of paint- myself such time as I may consume. The vote was taken by electronic de- This is a sad day in the swamp, to ing portraits of officers and employees of the vice, and there were—yeas 182, nays eliminate oil paintings of men and Federal Government. Federal agencies have 228, not voting 20, as follows: women who consider themselves very spent hundreds of thousands of dollars on important, to make sure that taxpayer portraits that are displayed within agency [Roll No. 94] funds are never used for such a thing; buildings, often in secure locations that are not YEAS—182 sad day for the swamp in Washington. open to the public. Although this money is Adams Brady (PA) Clark (MA) One can come to the Capitol and look only a fraction of a percentage of the federal Aguilar Brown (MD) Clarke (NY) Barraga´ n Brownley (CA) Clay at oil paintings that bestride every cor- budget, it represents a failure to exercise fiscal Bass Bustos Clyburn ridor and wall, in hearing rooms here restraint. Every dollar the government spends Beatty Butterfield Cohen in the Capitol, and not know most of on vanity projects for federal officials is a dol- Bera Capuano Connolly Beyer Carbajal Cooper these people. We haven’t got a clue who lar that is not spent improving the lives of ev- Bishop (GA) Ca´ rdenas Correa most of them are. We recognize John eryday Americans. Blum Carson (IN) Costa Adams, but when we go to committee Congress has the responsibility to ensure Blumenauer Cartwright Courtney hearing rooms, one or two chairmen that taxpayer dollars are being used efficiently Blunt Rochester Castor (FL) Crist Bonamici Castro (TX) Crowley past, we often don’t know who they and effectively. For these reasons, I am proud Boyle, Brendan Chu, Judy Cuellar are. to sponsor the EGO Act, and urge the House F. Cicilline Davis (CA)

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.016 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1420 CONGRESSIONAL RECORD — HOUSE March 6, 2018 Davis, Danny Kind Quigley Meadows Rohrabacher Tenney Davidson Kelly (MS) Roby DeGette Krishnamoorthi Raskin Meehan Rokita Thompson (PA) Davis, Rodney Kelly (PA) Roe (TN) Delaney Kuster (NH) Rice (NY) Messer Rooney, Francis Thornberry Delaney Kilmer Rogers (AL) DeLauro Langevin Richmond Mitchell Rooney, Thomas Tipton Denham Kind Rogers (KY) DelBene Larsen (WA) Rosen Moolenaar J. Trott Dent King (IA) Rohrabacher Demings Larson (CT) Roybal-Allard Mooney (WV) Ros-Lehtinen Turner DeSantis King (NY) Rokita DeSaulnier Lawrence Ruiz Mullin Roskam Upton DesJarlais Kinzinger Rooney, Francis Deutch Lawson (FL) Ruppersberger Newhouse Ross Valadao Diaz-Balart Knight Rooney, Thomas Noem Rothfus Dingell Lee Rush Wagner Donovan Kuster (NH) J. Doggett Levin Norman Rouzer Duffy Kustoff (TN) Ros-Lehtinen Ryan (OH) Walberg Doyle, Michael Lewis (GA) Nunes Royce (CA) Duncan (SC) Labrador Rosen Sa´ nchez Walden F. Lipinski Palazzo Russell Duncan (TN) LaHood Roskam Sarbanes Walker Ellison Loebsack Palmer Rutherford Dunn LaMalfa Ross Walorski Engel Lofgren Schakowsky Paulsen Sanford Emmer Lamborn Rothfus Walters, Mimi Eshoo Lowenthal Schiff Perry Schweikert Estes (KS) Lance Rouzer Weber (TX) Espaillat Lowey Schneider Peterson Scott, Austin Esty (CT) Latta Royce (CA) Esty (CT) Lujan Grisham, Schrader Pittenger Sensenbrenner Webster (FL) Farenthold Lewis (MN) Ruppersberger Evans M. Scott (VA) Poe (TX) Sessions Wenstrup Faso LoBiondo Russell Foster Luja´ n, Ben Ray Scott, David Poliquin Shimkus Westerman Ferguson Loebsack Rutherford Frankel (FL) Lynch Serrano Posey Shuster Williams Fitzpatrick Long Sanford Fudge Maloney, Sewell (AL) Ratcliffe Simpson Wilson (SC) Fleischmann Loudermilk Schneider Gabbard Carolyn B. Sherman Reed Smith (MO) Wittman Flores Love Schrader Gallego Maloney, Sean Sinema Reichert Smith (NE) Womack Fortenberry Lucas Schweikert Garamendi Matsui Sires Renacci Smith (NJ) Woodall Foxx Luetkemeyer Scott, Austin Gomez McCollum Slaughter Rice (SC) Smith (TX) Yoder Frelinghuysen Lujan Grisham, Scott, David Gonzalez (TX) McEachin Smith (WA) Roby Smucker Yoho Gaetz M. Sensenbrenner Gottheimer McGovern Soto Roe (TN) Stefanik Young (AK) Gallagher MacArthur Sessions Green, Al McNerney Speier Rogers (AL) Stewart Young (IA) Garrett Maloney, Sean Sewell (AL) Grijalva Meeks Suozzi Rogers (KY) Taylor Zeldin Gianforte Marino Shimkus Gutie´rrez Meng Gibbs Marshall Shuster Swalwell (CA) NOT VOTING—20 Hanabusa Moore Takano Gonzalez (TX) Massie Simpson Hastings Moulton Thompson (CA) Burgess Jackson Lee Polis Goodlatte Mast Sinema Heck Murphy (FL) Thompson (MS) Cleaver Johnson, E. B. Scalise Gosar McCarthy Smith (MO) Higgins (NY) Nadler Gottheimer McCaul Smith (NE) Titus Cramer Lieu, Ted Shea-Porter Himes Napolitano Gowdy McClintock Smith (NJ) Tonko Cummings Marchant Stivers Hoyer Neal DeFazio Nolan Granger McHenry Smith (TX) Torres Veasey Huffman Norcross Gohmert Olson Graves (GA) McKinley Smucker Tsongas Walz Jayapal O’Halleran Green, Gene Pearce Graves (LA) McMorris Stefanik Jeffries O’Rourke Vargas Graves (MO) Rodgers Stewart Johnson (GA) Pallone Vela Griffith McSally Suozzi Jones Panetta Vela´ zquez b 1617 Grothman Meadows Taylor Kaptur Pascrell Visclosky Guthrie Meehan Tenney Keating Payne Wasserman Messrs. BRADY of Texas, YOHO, Handel Messer Thompson (PA) Kelly (IL) Pelosi Schultz RENACCI, BRIDENSTINE, COLLINS Harper Mitchell Thornberry Kennedy Perlmutter Waters, Maxine of New York, Ms. HERRERA Harris Moolenaar Tipton Khanna Peters Watson Coleman BEUTLER, Mr. GROTHMAN, Mrs. Hartzler Mooney (WV) Trott Kihuen Pingree Welch Heck Moulton Turner Kildee Pocan Wilson (FL) MCMORRIS RODGERS, and Mr. Hensarling Mullin Upton Kilmer Price (NC) Yarmuth MULLIN changed their vote from Herrera Beutler Murphy (FL) Valadao ‘‘yea’’ to ‘‘nay.’’ Hice, Jody B. Newhouse Vela NAYS—228 Higgins (LA) Noem Wagner Ms. KELLY of Illinois and Mr. NOR- Hill Norman Walberg Abraham Davidson Hollingsworth CROSS changed their vote from ‘‘nay’’ Himes Nunes Walden Aderholt Davis, Rodney Hudson Holding O’Halleran Walker Allen Denham Huizenga to ‘‘yea.’’ So the motion to recommit was re- Hollingsworth Palazzo Walorski Amash Dent Hultgren Hudson Palmer Walters, Mimi Amodei DeSantis Hunter jected. Huizenga Paulsen Weber (TX) Arrington DesJarlais Hurd The result of the vote was announced Hultgren Perlmutter Webster (FL) Babin Diaz-Balart Issa as above recorded. Hunter Perry Wenstrup Bacon Donovan Jenkins (KS) Hurd Peters Westerman Banks (IN) Duffy Jenkins (WV) The SPEAKER pro tempore. The Issa Peterson Williams Barletta Duncan (SC) Johnson (LA) question is on the passage of the bill. Jenkins (KS) Pittenger Wilson (SC) Barr Duncan (TN) Johnson (OH) Jenkins (WV) Poliquin Wittman Barton Dunn Johnson, Sam The question was taken; and the Speaker pro tempore announced that Johnson (LA) Posey Womack Bergman Emmer Jordan Johnson (OH) Ratcliffe Woodall Biggs Estes (KS) Joyce (OH) the ayes appeared to have it. Johnson, Sam Reed Yoder Bilirakis Farenthold Katko Ms. MAXINE WATERS of California. Jones Reichert Yoho Bishop (MI) Faso Kelly (MS) Mr. Speaker, on that I demand the yeas Jordan Renacci Young (AK) Bishop (UT) Ferguson Kelly (PA) Joyce (OH) Rice (NY) Young (IA) Black Fitzpatrick King (IA) and nays. Katko Rice (SC) Zeldin Blackburn Fleischmann King (NY) The yeas and nays were ordered. Bost Flores Kinzinger NAYS—143 Brady (TX) Fortenberry Knight The SPEAKER pro tempore. This is a Brat Foxx Kustoff (TN) 5-minute vote. Adams Courtney Green, Al Bridenstine Frelinghuysen Labrador The vote was taken by electronic de- Barraga´ n Crist Grijalva Brooks (AL) Gaetz LaHood vice, and there were—yeas 264, nays Bass Crowley Gutie´rrez Brooks (IN) Gallagher LaMalfa Beatty Davis (CA) Hanabusa Buchanan Garrett Lamborn 143, not voting 23, as follows: Beyer Davis, Danny Hastings Buck Gianforte Lance [Roll No. 95] Blumenauer DeGette Higgins (NY) Bucshon Gibbs Latta Bonamici DeLauro Hoyer Budd Goodlatte Lewis (MN) YEAS—264 Boyle, Brendan DelBene Huffman Byrne Gosar LoBiondo Abraham Bishop (UT) Carter (TX) F. Demings Jayapal Calvert Gowdy Long Aderholt Blackburn Chabot Brady (PA) DeSaulnier Jeffries Carter (GA) Granger Loudermilk Aguilar Blum Cheney Brown (MD) Deutch Johnson (GA) Carter (TX) Graves (GA) Love Allen Blunt Rochester Coffman Brownley (CA) Dingell Kaptur Chabot Graves (LA) Lucas Amash Bost Cole Butterfield Doggett Keating Cheney Graves (MO) Luetkemeyer Amodei Brady (TX) Collins (GA) Capuano Doyle, Michael Kelly (IL) Coffman Griffith MacArthur Arrington Brat Collins (NY) Ca´ rdenas F. Kennedy Cole Grothman Marino Babin Bridenstine Comer Carson (IN) Ellison Khanna Collins (GA) Guthrie Marshall Bacon Brooks (AL) Comstock Cartwright Engel Kihuen Collins (NY) Handel Massie Banks (IN) Brooks (IN) Conaway Castor (FL) Eshoo Kildee Comer Harper Mast Barletta Buchanan Cook Castro (TX) Espaillat Krishnamoorthi Comstock Harris McCarthy Barr Buck Cooper Chu, Judy Evans Langevin Conaway Hartzler McCaul Barton Bucshon Correa Cicilline Foster Larsen (WA) Cook Hensarling McClintock Bera Budd Costa Clark (MA) Frankel (FL) Larson (CT) Costello (PA) Herrera Beutler McHenry Bergman Bustos Costello (PA) Clarke (NY) Fudge Lawrence Crawford Hice, Jody B. McKinley Biggs Byrne Crawford Clay Gabbard Lawson (FL) Culberson Higgins (LA) McMorris Bilirakis Calvert Cuellar Clyburn Gallego Lee Curbelo (FL) Hill Rodgers Bishop (GA) Carbajal Culberson Cohen Garamendi Levin Curtis Holding McSally Bishop (MI) Carter (GA) Curtis Connolly Gomez Lewis (GA)

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.018 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1421 Lipinski Panetta Slaughter ELECTING MEMBERS TO A CER- is a silent killer because the disease Lofgren Pascrell Smith (WA) Lowenthal Payne Soto TAIN STANDING COMMITTEE OF often has no signs or symptoms. Each Lowey Pelosi Speier THE HOUSE OF REPRESENTA- year, more than 50,000 Americans die Luja´ n, Ben Ray Pingree Swalwell (CA) TIVES from colorectal cancer even though it Lynch Pocan Takano is mostly preventable and treatable if Maloney, Price (NC) Thompson (CA) Mr. CROWLEY. Mr. Speaker, by di- Carolyn B. Quigley Thompson (MS) rection of the Democratic Caucus, I caught early. Matsui Raskin Titus offer a privileged resolution and ask Six years ago today, my father, the McCollum Richmond Tonko for its immediate consideration. late Congressman Donald Payne, died McEachin Roybal-Allard Torres from colorectal cancer. Colorectal can- McGovern Ruiz Tsongas The Clerk read the resolution, as fol- McNerney Rush Vargas lows: cer screening just wasn’t something Meeks Ryan (OH) Vela´ zquez people of his generation did. H. RES. 764 Meng Sa´ nchez Visclosky Mr. Speaker, my father might have Moore Sarbanes Wasserman Resolved, That the following named Mem- lived had he gotten tested for Nadler Schakowsky Schultz bers be and are hereby elected to the fol- Napolitano Schiff Waters, Maxine lowing standing committee of the House of colorectal cancer. That is why each Neal Scott (VA) Watson Coleman Representatives: year I sponsor a resolution to recognize Norcross Serrano Welch March as National Colorectal Cancer O’Rourke Sherman Wilson (FL) (1) COMMITTEE ON OVERSIGHT AND GOVERN- Pallone Sires Yarmuth MENT REFORM.—Mr. Gomez (to rank imme- Awareness Month, a time to educate diately after Mr. Raskin), Mr. Welch, Mr. the public about the disease and the NOT VOTING—23 Cartwright, Mr. DeSaulnier, Ms. Plaskett, need for screening. Black Green, Gene Poe (TX) and Mr. Sarbanes. By educating people, increasing re- Burgess Jackson Lee Polis Cleaver Johnson, E. B. Scalise The resolution was agreed to. search funding, and making Medicare Cramer Lieu, Ted Shea-Porter A motion to reconsider was laid on coverage better for seniors, we can save Cummings Marchant Stivers the table. tens of thousands of lives each year. Curbelo (FL) Nolan Veasey I would rather not have to make this DeFazio Olson Walz f Gohmert Pearce 1-minute speech every year, to have my b 1630 father still be a Member of Congress ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE from the 10th Congressional District. The SPEAKER pro tempore (during HONORING MARVIN KAHN, the vote). There are 2 minutes remain- FLORIDA CITRUS GROWER f ing. (Mr. THOMAS J. ROONEY of Florida MILITARY SAVE ACT asked and was given permission to ad- (Mr. PAULSEN asked and was given b 1625 dress the House for 1 minute.) permission to address the House for 1 Mr. THOMAS J. ROONEY of Florida. minute and to revise and extend his re- So the bill was passed. Mr. Speaker, when you drive through The result of the vote was announced marks.) Florida’s heartland in Highlands Coun- Mr. PAULSEN. Mr. Speaker, I rise as above recorded. ty, you will probably see signs that say A motion to reconsider was laid on today to speak in support of the Mili- ‘‘Kahn Groves,’’ and then you will drive tary SAVE Act. the table. through miles of citrus groves. Stated for: Last year, the Department of Defense Marvin Kahn has been a passionate reported there were an estimated 20,300 Mr. CURBELO of Florida. Mr. Speaker, I advocate for citrus over the last five military members who indicated they was unavoidably detained. Had I been decades, leading his management com- had experienced a sexual assault the present, I would have voted ‘‘yea’’ on rollcall pany from managing 400 acres to over year prior. Many of these military sex- No. 95. 5,500 acres at its peak. ual trauma survivors expressed con- PERSONAL EXPLANATION Mr. Kahn is one of the State’s most cerns that services available within the Mr. SCALISE. Mr. Speaker, I was unavoid- innovative growers, caretakers, and VA healthcare system did not meet ably detained. Had I been present, I would marketers. He served on the Florida their post-trauma needs. have voted ‘‘nay’’ on rollcall No. 94 and ‘‘yea’’ Citrus Commission for 8 years and This bill will now require the Depart- on rollcall No. 95. worked on the long-range planning ment of Veterans Affairs to establish a committee for several years after that. 3-year pilot program to allow these f His devotion to Florida citrus and agri- survivors treatment related to their in- culture was real, and he did everything juries from the provider of their RESIGNATION AS MEMBER OF he could to share his passion with oth- choice. Then the VA will compare the COMMITTEE ON OVERSIGHT AND ers, especially with young people. care received from outside providers GOVERNMENT REFORM Each year, the Florida Citrus Hall of with the VA so that they can find ways Fame honors the most distinguished to provide better care for MST sur- The SPEAKER pro tempore laid be- leaders who have made significant con- fore the House the following resigna- vivors. tributions to the Florida citrus indus- Mr. Speaker, anyone who is sexually tion as a member of the Committee on try, and there is no one more deserving Oversight and Government Reform: assaulted should be able to receive the of a spot on that hall of fame than Mr. care that they need, and that stands CONGRESS OF THE UNITED STATES, Marvin Kahn. When it comes to serving true for the men and women protecting HOUSE OF REPRESENTATIVES, Florida’s agriculture industry, his pas- Washington, DC, March 6, 2018. our Nation. Members of the military sion for Florida’s citrus is unparal- Hon. PAUL D. RYAN, should be confident in the quality of Speaker, House of Representatives, leled. care they receive from the VA, and this Washington, DC. Florida is a better place because of new bill, when it becomes law, would DEAR SPEAKER RYAN: I, Val Butler Mr. Kahn, and it has been an honor to help the VA to improve the services Demings, am submitting my resignation serve him in the House of Representa- that they offer. from the Committee on Oversight and Gov- tives. ernment Reform in compliance with the f f Rules of the Democratic Caucus. It has been INFRASTRUCTURE a privilege and honor to have served on this COLORECTAL CANCER AWARENESS The SPEAKER pro tempore (Mr. Committee. MONTH If you have any further questions, please JOHNSON of Louisiana). Under the do not hesitate to contact me. (Mr. PAYNE asked and was given Speaker’s announced policy of January Sincerely, permission to address the House for 1 3, 2017, the gentleman from California VAL BUTLER DEMINGS, minute and to revise and extend his re- (Mr. GARAMENDI) is recognized for 60 Member of Congress. marks.) minutes as the designee of the minor- The SPEAKER pro tempore. Without Mr. PAYNE. Mr. Speaker, colorectal ity leader. objection, the resignation is accepted. cancer is the second leading cause of Mr. GARAMENDI. Mr. Speaker, I see There was no objection. death for men and women combined. It my colleagues from the great South

VerDate Sep 11 2014 04:57 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.020 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1422 CONGRESSIONAL RECORD — HOUSE March 6, 2018 are here, and they should be listening 2018 fiscal year—that is now—are down pay is based on the stock price. What a very carefully as we discuss infrastruc- by a couple of hundred billion dollars. marvelous way to use the tax cut: end ture. I might like to draw the atten- So what is going to happen? When research on the most expensive illness tion of the House to this, if I might, a the tax bill was moving along, all of in America, Alzheimer’s and dementia, fellow that we know etched in marble the deficit hawks—and there used to and instead use that money to buy at the FDR Memorial: ‘‘The test of our be, I don’t know, a couple hundred of back stock so that you can increase progress is not whether we add more to them over here on my Republican col- your pay as the corporate president. the abundance of those who have leagues’ side—left town in December. Now, there is a good, American, cap- much’’—keep in mind the tax bill that There was not one word about the new italistic idea. That is where we are. passed here and was signed by the $1.5 trillion addition to the deficit. But So today we had a hearing on infra- President in January. ‘‘The test of our like most migratory birds, they are structure in the Transportation and In- progress is not whether we add more to going to come back when the weather frastructure Committee, a great oppor- the abundance of those who have much; warms up in Washington, and they are tunity to understand the President’s it is whether we provide enough for going to go after the deficit with a infrastructure plan. Wow. It is big and those who have too little.’’ vengeance. I will bet they are not going it is beautiful, he says, and it is going These are words to legislate by, to propose that we go back and clean to provide a gazillion jobs. wouldn’t you say? up the tax mess that was created. We took a look at it, and we said: So I ask my colleagues to please keep My guess is what they are going to do Where is the beef? Where is the money? this in mind and not leave right in the is go after programs. I think we know $200 billion over a 10-year period, $20 middle of a good discussion. If we are what programs they are, because the billion a year, said to be new money. to pay attention to what is important Speaker of this esteemed House has And then you look at the President’s here, keep in mind those who have lit- very clearly laid out in previous budg- budget proposal and you tee it up with tle. ets that he wrote when he was head of the infrastructure proposal, and you It turns out that the great tax cut the Budget Committee that he is going say: Wait a minute. What kind of shell was probably best described by the to go after Social Security, Medicare, game are you playing here? Your budg- President. Shortly after he signed the and Medicaid—the programs of the so- et removes over $200 billion from infra- bill, he went down to his Mar-a-Lago cial safety net. structure, and you come over here on club and told his friends who had gath- I had a phone call just a few mo- your infrastructure plan and you say ered there, all of whom were the great ments ago from a constituent in my you have $200 billion of new money. beneficiaries of that tax cut: I have district, saying: No, you don’t. You really don’t have made you so much more wealthy. You have got to understand that more and $200 billion of new money. You have Indeed, that is exactly what the tax more of your constituents are getting elder- $200 billion of repurposed money in pro- ly. They are getting Alzheimer’s, and they grams that actually devolve the Na- cut did. It made the wealthy in Amer- need care. Their husband or their wife needs ica even more wealthy to the tune of respite care. What about the programs for tion’s infrastructure back to the States several hundred billion dollars. The that? and the counties so that we will have a American corporations saw their tax I had the answer. It doesn’t look disconnect between an interstate in rate fall from 35 to 20 percent, and the good, because we know what the one State and an interstate in another top income earners in America saw Speaker said he wanted when he was State that connect at the State lines, their tax rate go down by 21⁄2 percent. chairman of the Budget Committee, and one is repaired and the other is It was marvelous if you have a great and unless he is having an epiphany, he not. deal of money, because 80 percent-plus is likely to want it again. In fact, I be- b 1645 of the $1.5 trillion—perhaps more—of lieve he already said they are looking So infrastructure and transportation the benefits went to the top 10 percent: at cutting Medicare and Medicaid. is a national network. But in this case, American corporations and the super- So what does that mean for the what happens is that the States are wealthy. working men and women who are tak- Is there such a thing as trickle-down said to be given the responsibility and ing care of their parents? It means the Federal Government will simply economics? Is there really a prob- there are tough times ahead. It means ability that the superwealthy are going pick and choose among those programs that the proposed discussion about the that the administration happens to to buy more cars and build new reduction in Medicaid is homes—palatial palaces—in America like. $1,400,000,000,000 over the next decade. I represent a rural area. Sure, it is with all of the new money that they re- It means that $500 billion will be cut nice to have an extra $50 billion for ceived? The answer is probably not in from Medicare. rural infrastructure. That would be America but probably on some island So, if you are a senior, you should great. somewhere where they can use the new worry. If you are among the working But what is the definition of rural? tax breaks for foreign investment that men and women of America whose fa- It is 55,000 people. are in this tax bill. ther or mother is now a senior, you How much territory? Is it an entire Oh, they were going to close the loop- should worry. State? holes for corporations and individuals The most expensive illness now and Well, there is no State that is rural, who wanted to go offshore. No, it didn’t in the future is Alzheimer’s. So what of then. happen. Instead, new offshore tax ad- Alzheimer’s research? It is going to get In a county? In a multitude of coun- vantages are created for American cor- reduced. ties? In a metropolitan statistical porations. Oh, and that corporate tax cut for area? Were inversions eliminated? No. Cor- Pfizer? Do you remember how happy We don’t know. porate inversions are not eliminated. they were to have the extra $12 billion? But I will tell you that I do have a They are, in fact, continued and in- Are they going to spend it on Alz- rural area. I have got two cities, Yuba creased. heimer’s research? No, they are not. City and Marysville together, with How did this come to pass? It prob- They stopped their Alzheimer’s re- 100,000 people. Rural is 10 miles down ably came to pass because there was search. Instead, guess what they are the road. not one substantive hearing in the going to do with the money that they So where is the line around this rural Ways and Means Committee and in the were investing in Alzheimer’s research. area? Senate Finance Committee on the They are going to use it, together with I am concerned, particularly because most important tax bill that has their tax cut money, to buy back their the Federal Government will maintain passed out of Congress in the last 25 stock which has the marvelous result control of that money. It doesn’t go years. of increasing the value of their stock out by formula, at least as we now look So now we live with this. Now we live because there are fewer shares out at the language. with the situation where the Treasury there. So it is a grand, a glorious, a wonder- Department announced a couple of It is brilliant for the managers and ful, spectacular infrastructure plan. In- weeks ago that the tax revenues for the for the corporate officers because their cidentally, there is a small problem for

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.080 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1423 cities and counties. Presently, if the Think about what could have been back their stock and to increase the Federal Government is involved in a done if that tax bill had actually had stock price so that the corporate offi- levee project to prevent floods, an hearings in which the Democrats could cers can have a higher paycheck. interstate highway or one of the feder- have put forth proposals that we have Oh, did I forget to mention how gen- ally designated highways, or an air- introduced in bills—proposals to repa- erous they were in bonuses? port, they will usually come up with triate the offshore earnings of corpora- We are talking about one-time bo- somewhere between 70 and 80 percent of tions with a lower tax and then use nuses here. We are not talking about the money. That is all well. that money for infrastructure. We increasing the paycheck over time. We Well, let’s see. It is 70 to 80 percent would have real dollars for an infra- are talking about one-time bonuses. Federal and another 20 to 30 percent structure program to the tune of I do like my San Francisco-based local money. In the President’s pro- maybe $50 billion to $100 billion over a Wells Fargo, that so generously said: posal, that flips. The State and the period of time. ‘‘We are going to increase the pay for local government come up with 70 to 80 But, no. No hearings, no amendments the minimum wage workers.’’ percent and the Federal Government from Democrats. No, not at all. Good for you. You are obeying the comes up with 20 to 30 percent. The We could have used that tax bill to State laws that require minimum wage role of the Federal Government is di- create infrastructure banks so that increases. Good for you, obeying the minished. It becomes the minor part- there would be a financing mechanism law. Take credit, if you will, but it is ner, and the State or local community for those small communities around not out of the generosity. becomes the major partner. the Nation that needed to build a road, Where is the money for all this? It is gone. I had a meeting today with Hamilton needed to build a levee, needed to build What if we had a chance in that tax City, a community of about 1,600 peo- broadband infrastructure for their bill to talk about a program the Demo- ple right on the Sacramento River with community. crats have been putting forth for the a levee that is maybe good for a 10-year But no, that didn’t happen either. Not one hearing. Not one Democratic last year? high water, but not for any extended It is A Better Deal for America, a tax amount of flood beyond what normally amendment to that tax bill. Therefore, we go into the great infrastructure pro- policy that actually provides benefits occurs. They have been trying for 30 to the working men and women of years to raise the money locally to gram where we really need to do some things. America and the families that are on match the 80 percent by the Federal What do we need to do? the edge of poverty. It actually pro- Government. They did it. Some of you may have noticed just vides an infrastructure program that Are they going to be able, going into 12, 13 months ago the man-made cre- has real money—money that can be the future, to complete that flood ation of the biggest waterfall in the used to build the foundation for eco- project if this program goes into effect world, Oroville Dam, and the break- nomic growth, money that can be used and they have got to come up with 80 down of the spillway. And 200,000 of my for employing people in high-paying percent of the money? constituents had to evacuate within construction jobs. It won’t happen. hours because that spillway, the emer- By the way, it is not at all clear—in I would dare say, all across this Na- gency spillway next to it, was being fact, there are those of us who think tion, with the possible exception of overtopped by the river and eroded at this may actually be in the present in- Houston, Texas, no community is going the base and a 30-foot wall of water al- frastructure plan—all of the talk about to be able to come up with 70 to 80 per- most descended upon those 200,000 peo- Buy American, Build America. It ap- cent of the money for a flood control ple. The number of deaths would be un- pears that language in that infrastruc- project. known, but it would have been in the ture plan would do away with the Buy This is a role that has traditionally thousands because they couldn’t get American provisions in highway infra- been the Army Corps of Engineers and out of town fast enough. structure. the Federal Government. But, no. In Thankfully, the rain stopped and the We can’t let that happen. A Better their infrastructure proposal, this ad- reservoir receded. Had it not, had it Deal for America would be tax policy. ministration flips it over so that now continued and the water continued to It would be a program that would pro- the great burden lies with the local spill over the emergency spillway here, vide the education and training for the government. it would have been an unmitigated dis- men and women who we need in our ‘‘Oh, that is fine,’’ you say. Well, I aster. manufacturing sector. think not. All across this Nation, small Why did this fail? Every 6 months, I do a manufac- communities, rural communities, and This failed for lack of repair, for lack turing advisory organization meeting even urban communities do not have of maintenance. It is just one example of manufacturers. Every time over the the resources. of the thousands of dams in America last 8 years we have met, they have So here we are. Here we are in a situ- that could fail. We saw this potential come back with the very same concern. ation where we had a massive tax cut failure in Puerto Rico with one of the And that concern is: We need highly that benefits the superwealthy and major reservoirs there. Fortunately, a skilled workers. American corporations. The American third hurricane didn’t occur. How do you get highly skilled work- corporations clearly indicate—not Or maybe you are interested in ers? from me; go look at the Wall Street bridges. This isn’t a picture of a bridge You train them. You provide the job folks that have done the analysis— to nowhere. This happens to be one of training for those who have lost their clearly indicate that that tax reduc- the main bridges on Interstate 5, an jobs, for those who want to improve tion, which is now in the pockets of the interstate highway system that goes themselves. corporations, is not being used for from Vancouver to Tijuana, Mexico. It Whatever happened in our high higher wages, is not being used for the goes down through Oregon, Wash- schools to technical training, voca- plant and equipment and new jobs ington, and California. It is the major tional training? above the 16 percent. The rest of the trade route on the West Coast. This is It is critically important. The pro- money is used for acquisitions and buy- about 7 years ago. The bridge fell down. grams that are out there need this sup- ing back stock. So much for trickle I could put a picture up here showing port. The programs where American down. another bridge that failed on the Mis- unions have apprenticeship training Of course, how much can the super- sissippi River, in the Twin Cities area. are a critical way of building our econ- wealthy possibly spend? How much can We could put thousands of pictures up omy. They are highly skilled men and you possibly spend on your here of bridges that could fail and have women that earn a good, solid living as McMansion? How much can you pos- failed. welders, plumbers, and technicians of sibly spend on a fleet of Mercedes? This is an infrastructure structure all kinds. That is what we want. It The bottom line of it is, when it issue. Where is the money to rebuild takes money to do those things. comes to infrastructure, there is no this? So what are we going to do? money. It is gone. It disappeared with Well, it is in the hands of the cor- I don’t know how we are going to the tax cut. porations who are spending it to buy come back from this tax cut. It is not

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.082 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1424 CONGRESSIONAL RECORD — HOUSE March 6, 2018 going to be done anytime soon. But I poses to cut Amtrak—to basically President’s infrastructure program is know this: we are going to be really, defund Amtrak. If you want to go on going nowhere in Congress. At least it really short of money. It has been esti- the East corridor here, if you want to shouldn’t. mated that in this current budget year, go from Washington to Boston, if you We are going to have to find the the deficit will reach $1 trillion. want to take a plane, well, we know we money as best we can. And I have an I know that we are just weeks away have an aviation problem. If you want idea. Over the next 15 years, we are from the return of the deficit hawks on to take the train, I guess you are going going to spend $1 trillion rebuilding this floor who are going to say: ‘‘Oh, to hop a freight train, because Amtrak our entire nuclear armaments. All of my goodness, the money is gone. We isn’t going to be around to run. That is the delivery system, all of the bombs, are going to have to make cuts. We the President’s budget proposal. all of the satellites, all rebuilt. So will can’t have these kinds of deficits.’’ Schools, D-plus. Russia and so will China, and we are in I can hear them already. I hear the Solid waste. Transit. Wastewater. the midst of a nuclear arms race—well voices of the past and I hear the voices The American Society of Civil Engi- into the second quarter of a new nu- of the future. I know they are going to neers rate America in the D range. We clear arms race, exceedingly expensive come back. They are going to go after should be so proud of the most ad- and exceedingly dangerous, because the programs that are absolutely essential. vanced Nation in the world. No, I think delivery systems are stealthy, designed We have got work to do. We have got not. I certainly wouldn’t take pride in not to be observed. That is a problem things we need to do in America. our infrastructure. But it takes money. because that increases the risk. The American Society of Civil Engi- Where did the money go? Maybe we can use some of that neers points out where we need work. Well, it just happens I like charts. money to build the infrastructure to Aviation. We got a D for how good The Trump infrastructure scam cuts educate our kids, to provide for seniors our aviation system is. more than $168 billion from existing who have Alzheimer’s, to care for the Bridges, C; dams, D; drinking water, transportation and infrastructure pro- caregivers that are taking care of their D. grams. parents, to build an infrastructure pro- Is anybody here from Michigan? I haven’t talked about this one. gram that really gives America a solid Is anybody here from the Central Do you remember I told you about foundation for economic growth, one in Valley of California? the flip—80 percent Federal, 20 percent which the research facilities are the Shall we talk about water supplies? local flipped to 20 percent Federal, 80 most modern and in which the most ad- I remember when I was in college, percent local, unless you happen to be vantageous research is conducted. you would never go outside the United a private investor. Do you want to buy Maybe we could find, amongst our States and drink the water from the Dulles International Airport or maybe choices here, money to build a highway tap. Now you don’t go to the United Reagan National—excuse me, I promise system that is worthy of this Nation, States and drink water from a tap, be- not to do that. Whatever the name of one in which there are not potholes cause there is a high probability that it that airport here is. Okay, I will say every 100 yards, one in which bridges is contaminated. We have seen this Reagan. The Reagan National Airport. don’t collapse; that we can build water story. We have seen this story in Flint, Do you want to buy it? It is up for sale, systems in which you can take tap Michigan. We have seen this up and according to the Trump administra- water from every fountain in this Na- down the Central Valley of California. tion. And, by the way, the Federal Gov- tion and drink it, without a concern So what are we spending our money ernment will come up with 80 percent about contamination of lead or some- on? of the money. Not a bad deal. thing else. We could do that. We could Not on drinking water, not on energy Slashes Federal investments and systems, hazardous waste, or inland make some choices. passes the buck back to the local gov- We can go back and revisit the tax waterways. ernments. We just talked about that. Oh, this is a good one. If you are on scam in which there are specific in- We haven’t talked about the environ- ducements for offshoring American the Mississippi and the Ohio River and mental programs, the environmental you have got your tugboat and a fleet jobs. Maybe we can do that. protection programs that are signifi- Maybe we can look at some of the of barges, you depend upon the Federal cantly harmed, reduced, gutted in the military spending and say: Why does it Government lock system so that you proposal. The Senate is going to speed cost $1 billion to launch a satellite can travel up and down the river. up projects. Hello? Does anybody with one system and $90 million with b 1700 around here know that over the last another system to do the same thing? If you are out there in the maritime two transportation programs this Con- There are things we can do. and you are an international shipper gress, with Democrat and Republican And, most of all, it is time for a bet- and you want to go into one of the har- support, significantly reduced the time ter deal for America: a better deal for bors on the East Coast, where is the for an infrastructure program to be the working men and women, a better money for dredging? done? It is not 14 years. deal for the elderly, and a better deal Well, it disappeared with the tax The laws that have been in place now for the children. That is what we need cuts. It is not there. for the last almost decade significantly to do. So is your ship going to run aground? reduced the processing time for infra- Mr. Speaker, I yield back the balance No, you won’t let that happen. What structure projects in which the Federal of my time. you do is you will go to some other Government is involved in, without f port. harming the vital environmental pro- TAX REFORM Cuba. We love to talk about Cuba, so tections that are out there: clean let’s talk about Cuba. At Mariel, they water, clean air, all of those things. The SPEAKER pro tempore. Under are building an international port for Anyway, they are gone. the Speaker’s announced policy of Jan- the purpose of taking the new ships We have a task before us. I see my uary 3, 2017, the gentleman from Michi- that are able to go through the Pan- Republican colleagues anxious to get gan (Mr. MITCHELL) is recognized for 60 ama Canal, bring them to Cuba, offload up and engage me in a debate. If they minutes as the designee of the major- them, and put them on a smaller ship want to, I could yield to them, and we ity leader. so they can get into American harbors. could debate the wisdom of what has GENERAL LEAVE Now, there is an American success happened here, but that is not hap- Mr. MITCHELL. Mr. Speaker, I ask story. We don’t have the money to pening. unanimous consent that all Members dredge our harbors, but we have the What is happening is there is an al- may have 5 legislative days in which to money for a new Mercedes for the ternative, an alternative that we put revise and extend their remarks and in- superwealthy. forth from our side that, unfortu- clude extraneous material on the topic Parks and recreation. Ports. Rail nately, was not considered in the tax of my Special Order. systems. legislation. The SPEAKER pro tempore. Is there Rails are doing pretty good, but not We are going to be working on the in- objection to the request of the gen- Amtrak. The President’s budget pro- frastructure bill. I dare say that the tleman from Michigan?

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.083 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1425 There was no objection. Fiat Chrysler announced it will move $1,000 bonuses, and they reported to me Mr. MITCHELL. Mr. Speaker, this is heavy-duty Ram truck production from that day that they jumped now on a the second week of the tax truth squad Mexico to Macomb County: a $1 billion plan that they were holding off, but effort to share the facts, the real facts investment that will create 2,500 jobs. now they are going to build a $17 mil- about the Tax Cuts and Jobs Act, and In my district, Michigan’s 10th, lion facility to add on to their oper- the impact it has already had on the Lakestone Bank & Trust, a small com- ations. American economy and the American munity bank, operating in Lake We already heard about Fiat Chrysler people. Lapeer, St. Clair, and Macomb Coun- giving out $2,000 bonuses to all of their Mr. Speaker, I am pleased to be here ties, gave hourly employees $1 an hour workers. They are also moving produc- with my fellow colleagues representing raise. I know some consider that to be tion of the Ram heavy-duty truck Michigan and Illinois. These two crumbs. Where I grew up, $1 an hour plant back from Mexico to Michigan— States include diverse industries and more is real money. They gave all of I wanted to reiterate that—that is diverse people, from farmers, to bank- their salaried employees a $1,000 bonus coming home and creating 2,500 new ers, to manufacturers. saying: ‘‘We are very appreciative of good-paying jobs. I am humbled to represent the hard- all Lakestone Bank & Trust employees We have also seen announcements working people of the 10th Congres- and certainly what they have accom- from DTE Energy and Consumers En- sional District and the Midwest. This is plished over the years. . . . This is a ergy, utilities in Michigan and in other exactly what the Tax Cuts and Jobs once-in-a-lifetime opportunity, and we States, that their customers can expect Act has done: helped our constituents know we want to reinvest much of the to see lower utility bills, thanks to the work every day supporting their family savings’’—in the tax bill—‘‘back into tax cuts. In fact, they have submitted and helped their local economy. our bank, and the first place we are a request to the PSC for almost $400 My colleague before me proceeded to going to put it is into the hands of our million in rate reductions. That is real speak about we should pay attention to employees. Employees are our most money. the needs of those close to and living in important asset.’’ As Vice President PENCE said last poverty. Well, I wish he had stayed. I Stories like this are not unique. week when we welcomed him to the grew up in poverty. From CVS to Chipotle, and AT&T to Motor City, tax reform is working for Like many in Michigan, I grew up in Wells Fargo, they are reinvesting tax Michigan. a large family. I have six brothers and reform savings in our hardworking em- Here is even more good news: the sisters. My dad had a good job building ployees in our communities throughout benefits are just beginning to kick in. trucks in a line at General Motors. My the country. This tax season is the last time tax- mom often had a full-time job to help This is the second week of the tax re- payers will have to file under the old make ends meet. That is why I com- form truth squad—we are calling it—an and broken Tax Code. mitted to supporting policies that cre- initiative where Members from States Under the updated Code, individuals ate real economic growth and eco- across the Nation are invited to tell and families at every income level will nomic opportunity for families like the their stories about the benefits of tax see tax relief. The standard deduction is nearly one in which I grew up. reform. There are countless stories doubled to protect more of people’s I was but a young pup in 1986, the they are anxious to express. last time our Tax Code was modern- Mr. Speaker, at this time, I yield to hard-earned income from taxation. ized. Since then, the Tax Code grew to the gentleman from Michigan (Mr. b 1715 74,000 pages of rules and regulations WALBERG), one of those Members, my The child tax credit is expanded from that have only confused people. You colleague, serving on the Energy and $1,000 to $2,000 to help with the cost of would need to be a wizard to under- Commerce Committee, a defender of a raising kids. stand what is in the Tax Code as it strong rural economy and a good With these new reforms, the typical stood at the end of the year. That is friend, representing the Seventh Con- middle-income family of four will re- why I promised my constituents, when gressional District. ceive a tax cut of more than $2,000. I came to office, when I ran for office, Mr. WALBERG. Mr. Speaker, I thank On top of that, the law will help I would work hard to achieve meaning- the gentleman for yielding, and I ap- small businesses thrive, boost job cre- ful tax cuts and reforms for the Amer- preciate the opportunity to talk about ation here at home, and make our ican people. the truth. economy stronger and more competi- I believe Americans can, and should, We heard so much dismissal of the tive, like it ought to be, in the United make independent decisions about the tax cut plan before we passed it. Now States and in Michigan. use of their own money, the money that we passed it, not only did we read For families across Michigan, the they work for, not the government. it beforehand, but rereading it again new tax cut law means bigger pay- The government shouldn’t come first. we are seeing the truth is working out. checks and more money in their pock- The Tax Cuts and Jobs Act allowed As I travel around, Mr. Speaker, the ets, not in the Federal Government’s hardworking individuals and business Seventh District of Michigan, opti- pockets. And that is where it belongs. owners to do just that. mism about the new tax cuts is hard to Mr. Speaker, I appreciate the oppor- Across the Nation and back home, we miss. tunity at any time to put forward have already seen the direct impact of I have people coming up to me at the truth, but, more importantly, truth the Tax Cuts and Jobs Act. More than grocery store, at gas stations, even in that is optimistic, that builds on our 400 companies have already announced church, saying: You know, Congress- people, that builds on letting them do pay raises, bonuses, and increased man, we heard a lot of reports that this for themselves with the resources they 401(k) contributions and benefits, or, in wasn’t for middle class people, but I have earned. the case of utility companies, lowered saw my paycheck in February and, it is Mr. Speaker, I express appreciation rates. true, I got a raise because the govern- to my colleague for holding this ‘‘truth Direct bonus announcements have al- ment is taking less out of it. squad’’ opportunity again tonight be- ready reached over $3 billion across I have heard from a number of work- cause people need more of that. They this Nation. Let me repeat that: $3 bil- ers excited about their bonuses and pay need more optimism that comes from lion. Companies in Michigan have al- raises and from businesses that are truth that impacts them in a growing ready committed more than $180 mil- looking to expand their operations. and positive way, and I am glad to be lion in bonuses to employees. Just last week, I toured Lowe’s home part of it. A couple of examples: Fiat Chrysler, center in Adrian, Michigan, to visit Mr. MITCHELL. Mr. Speaker, I one of the State’s largest employers, is with their team. Because of the new thank Mr. WALBERG for his comments. reinvesting its tax savings to its em- tax law, their employees are receiving I failed to recognize that I serve with ployees in our community, in addition $1,000 bonuses and expanded maternity Mr. WALBERG on the Committee on to giving a $2,000 bonus to 60,000 em- and parental leave. Education and the Workforce, on which ployees. And that is in addition to prof- I toured Cintas’ Lansing operations. he is a subcommittee chair. So I thank it sharing as part of their contract. The tax cut afforded their employees him for joining us.

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.085 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1426 CONGRESSIONAL RECORD — HOUSE March 6, 2018 I made a notation that I want to down in Niles, Michigan, just north of in one of my counties a few years ago, share with everyone tonight as we Notre Dame, Shelton’s Farm Market. they now have a reason to come home move forward. With the changing of They have 83 employees. The owners and invest that money here. the standard deduction, with the near- gave every employee there a bonus. I So, Mr. Speaker, I appreciate the ly doubling of the standard deduction, talked to one of them who literally gentleman for hosting this hour. I look about 90 percent of taxpayers will be stocks the shelves. He got $600. forward to the other folks’ comments able to file their taxes on a form about He said: You know, Mr. UPTON ... tonight. this size. They will be able to file their I said: Call me FRED. Mr. MITCHELL. Mr. Speaker, I taxes like this, rather than the pile of He said: This wasn’t just crumbs. thank Mr. UPTON for joining us. I ap- paperwork they have dealt with for This made a real difference. preciate him taking time out of his years. Here it is on a larger scale. I said: What are you going to do with busy schedule to talk about how the Most are going to be able to simply that $600? Tax Cuts and Jobs Act has impacted file their wage and compensation in- He said: You know, my wife has can- his district and the State of Michigan. come and use the standard deduction. cer, and I bought her a new dress. Let me state, as we get our next They will be done except for a few He was so excited that that increase speaker to come forward, that in my other tax credits we will talk about, in the take-home pay was actually district alone, the average savings for the tax credit they can get, for exam- going to do some real benefit for him the average filer in my district is $2,700 ple, on investment tax credit or family and his family. a year. Now, I know that some of the col- child credit. We will talk about that. I was at a groundbreaking at Pfizer, leagues on the other side of the aisle But most Americans can file like this. my largest employer, in Portage, refer to that as crumbs, as meaning- That is one of the things we wanted to Michigan. Not only did they announce less, but that is real money that allows achieve, one of the great achievements that they are going to, in the next cou- people to make a difference in their of the Tax Cuts and Jobs Act. ple of years, invest $6 billion—that is B lives, to move forward, make decisions Mr. Speaker, next I yield to Con- as in ‘‘big’’—in new facilities here in about fixing their houses, go on vaca- gressman FRED UPTON, who represents North America, they also announced tion, put a downpayment on a new car, Michigan’s Sixth Congressional Dis- that they are going to give $100 million all things that wouldn’t be possible. trict, the former chairman of the Com- in bonuses for all of their nonexecutive More importantly, that is money mittee on Energy and Commerce, an- employees. That is real money, and they worked for. That is not money other colleague of mine from Michigan, that is thanks to tax reform. somebody gave them. That is their the senior member of our delegation, Mr. WALBERG talked a little bit money to begin with, and they get to experientially only, not age, with dec- about some of the utilities in Michi- keep it. That is what is so important ades of experience in Congress focusing gan. A little bit earlier today, I was about it. on job creation and economic oppor- with the chair of Consumers Energy, a very important player; and the chair of Mr. Speaker, our next speaker who tunity for our State and for our Na- wants to come forward and talk about tion. DTE Energy as well. Yes, because of his district is Representative SHIMKUS, Mr. UPTON. Mr. Speaker, I thank the reduction in the corporate tax who, as Mr. UPTON said, was a conferee the gentleman and my good friend for rates, they are going to pass on those savings, as they want to, to the con- on this bill. yielding and for hosting this hour to- Mr. Speaker, I yield to Congressman sumers. In the case of Consumers En- night. I look forward to the comments JOHN SHIMKUS, who represents the 15th ergy, they are going to give back $200 by all my colleagues from Michigan Congressional District, a member of million in rate relief to virtually every and Illinois. the Committee on Energy and Com- one of their customers that they serve Let me just start out by saying a merce, a conferee on the Tax Cuts and across the board. That is good news. It couple of things. I had a great ninth Jobs Act, and who has been an advo- has to be approved by the Public Serv- grade teacher, Mr. Denekas. We learned cate for smaller government for years. about how the government worked. ice Commission, but, in fact, that Mr. SHIMKUS. Mr. Speaker, I thank You pass a bill in the House and you money is going to be there. the gentleman very much for yielding. So whether it is a small business who pass a bill in the Senate. I learned later It is great to be here with my friends is now going to get a lower rate in that on that the House bill is always better from the State of Michigan. than the Senate. But in this case, JOHN passthrough rate, which means a lot, As a Republican, sometimes people SHIMKUS and I—and he is going to be a keeping your deductions on healthcare, ask: What is the difference? speaker from Illinois a little bit later seeing the highest corporate rate being I always say: Well, Republicans, we on this evening—were two conferees on reduced to 21 percent—and I remember believe in less government, individual this bill. well that debate that we had between responsibility, lower taxes, more per- I have got to say that, as we debated Mitt Romney and Barack Obama back sonal freedoms and liberties. this bill, there were some elements in 2012. In September of 2012, the ques- From my time here in Washington, I that were not so good. But at the end tion was on tax reform, and even have always wanted a fairer, flatter, of the day, as this bill meshed to- Barack Obama said that he would sup- simpler Tax Code. We shouldn’t have to gether, we took the best elements of port lowering that corporate tax rate fear filing our income taxes. We both the House and the Senate bill and to 25 percent, because we were already shouldn’t have to fear whether we have we got a bill that the President was at the highest corporate tax rate in the the receipts. able to sign. world. That is what this bill did, and I think the other thing that was al- I can remember being trashed left thank goodness. ways frustrating about the Tax Code is and right back in November and De- The last point I would make is I was you never know if you have done cember about what this bill was going tired of economic growth being at .7 enough of the itemizing that you are to do or not going to do: it wasn’t percent or 1 percent. We can do better actually going to get anything or not. going to provide real tax relief to the than that. This bill is now starting to And then, have you forgotten some- working class; companies weren’t real- lead the way to see that happen. In thing that you are not recouping? ly going to give bonuses; this was all fact, the report even this week, I think, So having said that, that is why—and just going to be bogus arguments. is predicting a 3.5 percent growth rate I am glad Congressman MITCHELL Now, at the end of the day, 2-plus for calendar year 2018. raised this issue, the fairer, flatter, months since the bill was signed and That is a far cry from where we were simpler Tax Code. became enacted, my constituents are just a few years ago. I dare say, in Before we passed the bill, 80 percent finding out good things about the bill. large part, it is due because workers of my constituents did not itemize. Yes, they are getting real take-home are, in fact, getting more money from Under this tax reform, 90 percent of all pay increases from the jobs that they their paychecks. We have reduced the of my filers—90 percent—will be able to do. Yes, they are getting bonuses. corporate rates so companies, instead do it on this simple postcard. And it is I was at a small, little almost farm- of having an incentive to go overseas, easy to find. People can pull it up at ers market, multigenerational market as they did with my largest employer fairandsimple.gop to check it out.

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.087 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1427 Congressman UPTON was correct: this Illinois side. Boeing has announced em- about the new Ram truck production process worked. We had a House bill ployee-related and charitable invest- line that is relocating from Mexico all and we had a Senate bill, and then the ments of $300 million as a result of the the way back to Michigan, where it be- two sides merged to keep some of the tax law. longs, bringing with it 2,500 new jobs. deductions that people really thought So great things are happening. As you can imagine, there is extreme were important, and a great com- I want to follow what FRED UPTON excitement within the four walls of promise that was working. said, in that we as a body were tired of that beautiful plant. So the question is: Is the proof in the being in a malaise. Michigan is the auto capital of the pudding? Is this all we can hope for? world. We produce more than 2.2 mil- In other words, is it operating as ad- We wanted an economy that would lion cars and trucks. We produce more vertised for either side? grow and create jobs and be vibrant, cars and trucks than any other State I think we are down here to say it is that people would be excited about in the Union, and we are excited and operating as advertised and we can going back to the workforce, working proud to be the auto capital of the proudly stand down here and tell some hard, taking home more of their pay, world, the State that put the world on of these stories. investing it into the market or in their wheels. What we did is we posted a question retirement savings; and that is just The Fiat Chrysler decision will pro- on our newsletter to ask people to re- what we are having. vide more than $1 billion in U.S. in- spond, and I want to share some of Mr. Speaker, I have a lot of my col- vestment and $2,000 bonuses, $2,000 for these responses. These are on the indi- leagues here on the floor, so I could each employee, all as a result of tax re- vidual side. I will talk about the cor- talk a long time on the benefits of the form. porate side in a minute. bill. I am very, very excited about it. In Lake Orion, Michigan, Complete Ken and Pam from St. Joseph—we Mr. Speaker, I thank Mr. MITCHELL Automation, they employ about 250 call it St. Joe—they say: ‘‘Personally for organizing this tonight. employees. I visited their operation to we have seen an increase in our net Mr. MITCHELL. Mr. Speaker, I talk with the employees about the new wages each week. With our business, thank Mr. SHIMKUS for the enthusiasm, benefits they will soon be seeing. As a we seem to have an increase in other the detail on the impact of the Tax result of tax reform, employees will see companies starting new things.’’ Cuts and Jobs Act. in their 401(k) contribution a match of Mr. Speaker, we are going to con- Gregg from Charleston says: ‘‘More 50 percent, up to 4 percent of their in- tinue on this conversation and talk a money in my take-home check.’’ vestment in their 401(k). A pretty simple statement. little bit about the trade States, be- That is a big deal for a lot of people. James from Marine says: ‘‘My retire- cause it has had a great impact not It is a great deal for their family. It is ment check just went up. Thanks.’’ only on Illinois, but also on Michigan. a great deal for them individually, but Joining us at this point is Congress- Jeff from Carlyle says: ‘‘Positive re- it is a great deal for their family. man MIKE BISHOP, a neighbor of the sults only so far, just as expected with And I also say this. With the average 10th Congressional District, a member a commonsense tax cut.’’ tax cut in my district of about $2,500 of the Committee on Ways and Means Carl from Collinsville, which is my per family, average family, that is not that had a direct impact on this bill. hometown. I am glad Carl is happy. He crumbs. That is real, real relief for He has been a leading advocate for a says: ‘‘I am seeing more on my pay- families that could really use it right fair and simple Tax Code. He represents check each week. Keep up the good now. work.’’ the Eighth Congressional District. The takeaway from all these con- Mr. Speaker, I yield to Congressman So that is just on the individual side. versations that I have had across my MIKE BISHOP. Then we briefly want to talk about district is that the Tax Cuts and Jobs what is going on from business. You b 1730 Act is working. America’s optimism is know, these are great announcements. Mr. BISHOP of Michigan. Mr. Speak- rising, and the workforce is taking no- I had the chairman of the Committee er, I thank the gentleman for yielding tice. We are finally creating an envi- on Ways and Means, my good friend, and for leading in this effort. ronment that fosters economic growth KEVIN BRADY, tell me 50 percent of all It is very exciting back in the great and brings jobs back to the United manufacturers in this country are State of Michigan, the comeback State States and back to my home State and planning expansion. Not 50 percent of of Michigan, our home State. After the comeback State of Michigan. And the manufacturers in Illinois or Michi- years of stagnant economic growth, this is just the beginning. gan; across the country. That is pretty our workforce is finally experiencing Mr. MITCHELL. Mr. Speaker, I awesome. the benefits of a modernized Tax Code. thank the gentleman for his feedback So what is going on in my district? So far, more than 4 million hard- on the impact of the Tax Cuts bill, and Griffith Trucking, Broadway Express, working Michiganders have received I thank him for taking time out of his Heartland Peterbilt, and Heartland bonuses, notices of increases in their schedule. Classics—which are in Effingham and take-home pay, and have benefited Next, I have the privilege of recog- Newton—gave $1,000 bonuses to 65 full- from higher wages. nizing a key player in the effort to re- time employees. Across Michigan, I have had the op- form our Tax Code and cut taxes, the FedEx has a big distribution hub in portunity to travel not only in my dis- chairman of the Ways and Means Sub- my district, same place, in Effingham. trict, but across this great State, and I committee on Tax Policy. I thank the FedEx has committed to more than $3 have seen firsthand great things, so gentleman for his leadership on this billion in wage increases, bonuses, pen- many great stories to tell, sitting down and, hopefully, continued success on sion funding, and expanded U.S. capital with folks, hearing about the new tax our tax laws. investment. law and how it is impacting their com- Mr. Speaker, I yield to the gentleman Charter Communications is raising munity and how it is impacting their from the Sixth District of Illinois (Mr. their minimum wage to $15 an hour as businesses. I take away from this a ROSKAM). a result of this tax cut plan. number of really excited testimonials Mr. ROSKAM. Mr. Speaker, I thank It is great to see Congressman ROS- from everyone that I sat down with. the gentleman from Michigan for yield- KAM on the floor. He will get a chance For example, Dan, a small-business ing. to speak later. He was a major archi- owner from Rochester Hills, Michigan, You know, I think it is so inter- tect of this. I am very proud that he shared with me that, as a result of tax esting. We are all coming together, comes from Illinois. These stories are reform, he was able to invest in his new various States, to celebrate these ac- attributed to Peter’s great work. car wash by buying new equipment. complishments and to take a step The other one I wanted to mention— Erwin, a constituent from Oxford, back: how far we have come in the past of course, I live in the metro St. Louis Michigan, is seeing extra money in his year or the past several months where area. Boeing has a big presence in St. monthly take-home pay. you look back and, basically, there was Louis, but a lot of their great workers, I stopped by the Fiat Chrysler truck a national consensus that had devel- probably their best workers, live on the assembly plant to talk with workers oped, and the consensus was nobody

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.088 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1428 CONGRESSIONAL RECORD — HOUSE March 6, 2018 liked our Tax Code—I mean nobody. say this very often over the past 35 value family, we value children, we Nobody could defend it because it was years, but I am actually looking for- value domestic life, and, toward that absurd. It was so complicated. ward to this tax season.’’ end, we are going to support it through Those of us who are from the Chicago So we know that these things are the Tax Code. So there was a very spe- area, we know that the last time the true. We know that they are mani- cific design not just to keep it, but to Tax Code was updated was when the festing themselves. enhance it. Bears won the Super Bowl, so that is 30 I have got a constituency where Mr. MITCHELL. I want to be clear years ago. And yet we have got this there are about 30,000 people who get with folks. There is a child and family Tax Code that had been a complete hit hard by the alternative minimum tax cut, the earned income credit, and throwback. The Tax Code was such a tax, and they are not going to be hit by the higher education credit, and those throwback that the last time it was up- the alternative minimum tax. They are are all credits against your tax liabil- dated, 1986, the internet didn’t exist, going to be spared that tax. ity. This is not simply a deduction. basically, as a commercial enterprise. There are many other examples in After taxes are determined, those are There was no shared economy, per se. the State of Illinois where you see real credits back, not a tax deduction. Airbnb, Uber, Lyft, all those things, progress being made. Mr. ROSKAM. Right. they didn’t exist. Global supply chains Up by me in Chicagoland, MK Incor- Mr. MITCHELL. People don’t under- were nowhere nearly as connected as poration, a fleet management com- stand the difference some days. they are today, which all begged the pany, is giving $1,000 bonuses to 150 em- Mr. ROSKAM. That is right. question that we needed a Tax Code to ployees. So, to the gentleman’s point, a de- update things. Ameren Illinois, the customers are duction is a decrease in a taxable li- Now, here is what was interesting: using both electricity and natural gas. ability; a credit is a credit. Once the The hyperbole that surrounded the de- They will see a combined savings of tax is calculated, the credit is an bate on the tax reform bill as H.R. 1 lower utility rates. amount that comes off of that tax li- kept moving in and, ultimately, came We have talked about AT&T already ability, so it is a very significant thing. to a crescendo, passed through the today: $1,000 bonuses to 10,000 Illinois- Said another way, credits are more val- House, passed through the Senate, and based employees and, nationwide, over uable than deductions. Mr. MITCHELL. Mr. Speaker, I was signed into law, it was described $1 billion increase in capital expendi- thank the gentleman for clarifying by, God bless them, our friends on the tures. that, and I certainly hope people listen other side of the aisle as the worst bill There is example after example after to the difference because some people ever, Armageddon, and, obviously, now, example after example. don’t understand that. I appreciate the the famous line that the result of these Look, if all the critics can do is basi- gentleman taking time to join us to- things were crumbs. Well, none of that cally say, well, this isn’t enough or night. turned out to be true. This was a ter- this is crumbs, they have not been to my constituency. To tell a family that Mr. Speaker, I yield to the gentleman rific bill. representing the 12th District of Illi- Let me just give you a couple of ex- I represent, Mr. Speaker, that $1,000 is nois (Mr. BOST), a small family busi- amples, Mr. Speaker, of people in my crumbs is just patently obtuse. $1,000 is real money: $1,000 is getting ahead on a ness owner himself. constituency who have written pub- Mr. BOST. Mr. Speaker, I thank the car payment; $1,000 is the ability to licly or they have written to me pri- gentleman for holding this Special move forward and say we are going to vately about this bill. Order tonight. And I also say, just be- Here is Mary from Wheaton, Illinois, go on a little extra special vacation, we cause we are following a theme, if we my hometown. She said: ‘‘Our family is are going to put a little bit more put in perspective how long ago it was already feeling the positive impact of money toward our college fund, we are that we did tax reform in this Nation, the changes made in the Tax Code. Our going to put a little bit more money I was running for my first political of- daughter and her husband just had toward our retirement. And that is just fice for county board. I had a mullet, their first baby and will be able to take one particular example. and it looked good—at least my wife advantage of the doubled child tax Mr. Speaker, I want to thank the told me it did. credit next year. Throughout our ex- gentleman for organizing this, and I But let me tell you that, after we tended family, those who work for big very much appreciate his bringing us passed this tax reform—I come from and small businesses alike are wit- together to celebrate these things. deep southern Illinois, nowhere near nessing immediate effects. Companies Mr. MITCHELL. Mr. Speaker, I will Chicago, a very rural district, a little are investing the anticipated benefits ask the gentleman to stay for just a bit of metropolitan—a typical family of the new tax law in the form of bo- moment for a real quick question. of four will receive a break of over First, I would say that the Bears is nuses, pay raises, capital improve- $2,000 per year. ments, and new hires. And that’s just his example—and my example is Steve Now, folks, I don’t know how it the beginning. The true value of this Yzerman was a rookie in the NHL and would be in your district or in your Tax Code will become even more evi- captain of the Detroit Red Wings. If hometown if you are listening to this dent in the months and years ahead.’’ you ask a young hockey fan now who tonight, but that is not crumbs where I Mary is absolutely right. Steve Yzerman is, they would look at come from. Some of the folks here in Or another person, Nicole, from you blankly. That is how long ago tax Washington may think that that is the Elgin. She says: ‘‘Thanks to the new was tackled. case, but that is not. tax bill, my family will be saving an I have a question for the gentleman. Let me tell you that I have been estimated $4,000 on our taxes next year. Ninety percent of our taxpayers, we be- around my district talking to people; Not only that, but I’m getting a $1,000 lieve, are going to file a standard de- and you go to barber shops and coffee bonus and an extra $1,500 in my em- duction, but we kept—we talked about shops, and my wife and I own a beauty ployee pension account from my em- it a great deal. We kept some key tax salon, and you hear from the people ployer as a result of the changes.’’ cuts in the Tax Code to actually help how much they are saving, so much so Or how about an enrolled agent, Ste- families. that we actually asked for people to phen, from Wayne. He prepares people’s Can the gentleman briefly talk start replying on our Facebook and to taxes. He says: ‘‘As an enrolled agent about, maybe, the family and child tax tell us what their story was. entering my 35th tax season, I am anx- credit and what we did with that and I am just going to give you a few of iously awaiting the smiles I will be get- why we think that is important. these. I know that we are on limited ting from my clients when I inform Mr. ROSKAM. What we did with it is time, but I am going to tell you that them how much they will be saving on we doubled it so that the family tax Bobby from Makanda, here is what he their 2018 tax return . . . the clear ma- credit is now doubled. So, you know, writes: jority of my clients will be paying when folks say, ‘‘Well, I don’t like this I am a police officer and my wife is a high lower tax rates in 2018 due to the re- tax plan,’’ really? You don’t like dou- school teacher. Combined, the new tax rates cently passed Tax Cuts and Jobs Act.’’ bling the child tax credit? save us over $300 a month. We have two teen- And then I will go to the end of his So there was very much an age children. The additional income will help note. He says: ‘‘I haven’t been able to intentionality, as you know, to say we us save for upcoming college expenses.

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.090 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1429 Terry from Royalton writes: Bureau County, was really excited my bill, which was to lower taxes on Il- My wife is an educator and I am in about the tax cuts his small business linois’ largest employers, which is healthcare. Since these changes have af- would receive. He plans to increase small businesses, and it is called the fected my pay about the same as hers, we hourly wages and hire 7 to 10 new em- Bring Small Businesses Back Tax Re- know how much it changes our monthly in- ployees over the next 2 years. That, my form Act. come. About $300. friends, is not crumbs. That is impor- Further, the Tax Cuts and Jobs Act His statement is: tant. reduced corporate tax rates to 21 per- Hey, Nancy, if that is crumbs in your The tax relief for businesses, large cent and includes provisions to deter world, it’s not in mine. and small, is being shared with employ- U.S. companies from moving their Tracy from Wood River writes: ees all over. Over the last few months, headquarters and investments abroad Tax reform allows more money for college, more than 300 companies, and count- and encouraging them to bring income more money to be put towards paying off our ing, have announced plans to add peo- and jobs back home again. Again, this home, provides more activities for our chil- ple, add bonuses, add to retirement is welcome news for Illinois residents. dren, and allows us to save more money for benefits, and give back to the U.S. Numerous companies who employ the future. economy. residents of the 14th Congressional Dis- These are just three stories of count- Employees at UPS in my district, trict have announced new investments less that we have heard. Countless have Home Depot, Bank of America, Ryder, and new hiring and giving more money come in not only from individuals on AT&T, U-Haul, and many others with to their employees, wages, bonuses, the individual tax rate, but the busi- Illinois locations will receive these bo- trainings, and more. Just a sampling of ness tax rate as well: expansion of busi- nuses and benefits. these are: AbbVie, American Commu- ness, growing of business, using it to A few weeks ago, I went to the Fiat nity Bank, First Midwest Bank, expand the 401(k)s of their employees, Chrysler plant in Belvidere, Illinois, EMKAY, Boeing, U.S. Bank, Wells giving increases in pay to their em- and I met with employees who were ex- Fargo, Wintrust Financial, Home ployees. cited and encouraged by the $2,000 Depot, Walmart, CVS, and Starbucks. The bottom line is this: The tax re- bonus they will receive in the second American manufacturers are hiring form allows people to keep more quarter of this year. more workers. In my district, a Geneva money of their paycheck. It allows According to the nonpartisan Insti- manufacturer has already brought on them the opportunity to use that tute on Taxation and Economic Policy, two new employees to manage the money in the way they see fit, not how 85 percent of Illinoisans will see a tax equipment the company invested in the government wants to use it. They cut next year, and the nonpartisan Tax under the new expensing rules. A Will earned that money. It is theirs. They Foundation has estimated that the County food distributor plans to hire should be able to keep more of it to State of Illinois stands to gain tens of two new employees in 2018, with the spend and save as they please. This new thousands of jobs from this reform. money the company saved through tax tax reform does just that. This is great news. By bringing the reform, and the list goes on and on. Tax Code into the 21st century to re- Mr. MITCHELL. Mr. Speaker, I Mr. Speaker, it is time Americans flect current day is real and tangible in thank the gentleman for joining us this were given the truth about the Tax terms of the benefits it will put into evening. Cuts and Jobs Act. Eighty percent of our economy. Next is Congressman ADAM U.S. households will see a tax cut in Our future is bright, our economy is KINZINGER, who serves on the Energy 2018, according to the nonpartisan Tax growing stronger, and, with tax relief, and Commerce Committee as well as Policy Center, but only 17 percent of the American Dream is once again on on the Foreign Affairs Committee. Americans actually think they will. Like many Members around here, he is the horizon for folks in my district and In fact, the bill lowers individual a very busy man. across the country. I thank the gen- rates for low-and middle-income Amer- Mr. Speaker, I yield to the gentleman tleman for yielding. icans across the board and doubles the representing the 16th District of Illi- Mr. MITCHELL. Mr. Speaker, I standard deduction for both individuals nois (Mr. KINZINGER) to talk about tax thank Mr. KINZINGER for joining us this and families. If you are one of the 70 cuts in his district. evening. I appreciate the detail in his district. percent of Americans who currently b 1745 We are going to continue with Illi- take the standard deduction, getting Mr. KINZINGER. Mr. Speaker, I nois for a bit here. I guess it is Illinois’ an immediate rate cut and a doubling thank the gentleman for yielding. This night for awhile. of the earnings you can keep tax free was a great thing we did. It had been— Mr. Speaker, I now yield to the Rep- will make a big difference to you and I was 8 years old the last time the Tax resentative from the 14th District of Il- to your family. Code was reformed, and I think this is linois, Congressman RANDY HULTGREN, This bill does not cut Medicare, Med- something we, frankly, ought to do who has consistently been a voice of icaid, or Social Security, period. This every decade; at the worst case, every business owners across America bill does not get rid of the medical ex- two decades; definitely not every 30 through his work on the Financial pense deduction or the charitable de- years. So it is about time to get it Services Committee. duction. Those are protected and ex- done. Mr. HULTGREN. Mr. Speaker, I panded. The bill did not take away I wish this could have been bipar- thank Congressman MITCHELL for healthcare from Americans. Eighty tisan. I think there are a lot of fan- yielding. percent of the people who pay for the tastic things in here, and I think it is Illinois is a high-tax State. We have Affordable Care Act’s individual man- quite obvious that the economy is seen Illinois State taxes continue to go date tax are families making less than showing some really big benefit as a re- up, so it is a welcome relief that Con- $50,000 a year. This bill gets rid of the sult. I think it is hard to hide that. It gress has brought Federal tax relief to individual mandate penalty so strug- is hard to pretend that that is not the the people of Illinois, and especially I gling families aren’t burdened by yet case, even though some of our friends am grateful for the residents of the another tax. try to do that, but it is quite obvious it 14th Congressional District, the sub- It is clear: the Tax Cuts and Jobs Act has worked. urbs of Chicago, who are seeing great is already delivering positive results to I just want to tell a few stories of my relief and especially the benefits that Illinois individuals, families, and small district, the 16th District of Illinois. I come to small businesses, truly the en- businesses; and to Americans every- was at a tax reform roundtable last ergy and the engine behind Illinois’ where. It is good news, and more good month at the Illinois Valley Chamber economy. news is coming. of Commerce, and I heard from my They are going to receive immediate Mr. MITCHELL. Mr. Speaker, I local business community about how benefits from a reduced tax burden and thank Mr. HULTGREN for joining us. I this bill affects them and what they more flexible accounting rules. I am appreciate him taking the time to ex- would like to see moving forward. One also pleased that the final version of plain the importance of this in his dis- gentleman from Walnut, Illinois, in the legislation included this portion of trict.

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.092 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1430 CONGRESSIONAL RECORD — HOUSE March 6, 2018 My next speaker has extensive expe- named Chris, who is a small-business this process, served on the Budget rience on economic development and owner, and also the fire marshal for Committee and had input into what creating a better business climate. Springfield and Sangamon Counties. this bill is. Mr. Speaker, I yield to Congressman Chris attended a roundtable discussion Mr. Speaker, I yield to Congressman DARIN LAHOOD, representing the 18th I hosted in Springfield and talked JACK BERGMAN from the First District District of Illinois, a member to both about how the new depreciation rules, of Michigan. the Joint Economic Committee and as a part of the tax reform law, have Mr. BERGMAN. Mr. Speaker, what a Ways and Means Committee. already incentivized building owners to great opportunity to really stand up Mr. LAHOOD. Mr. Speaker, I thank upgrade their sprinkler and safety here and smile and talk to the Amer- Congressman MITCHELL for yielding. I equipment, which has benefitted his ican public with the words of constitu- thank him and Congresswoman MIMI small business. Safer buildings and up- ents from Michigan’s First District, be- WALTERS for putting together and or- to-date fire prevention are a win-win cause these are not my words. These ganizing this Special Order in order to for everyone. are their words over the last 21⁄2 highlight the effects of the Tax Cuts I was glad to hear that even our local months or so since we passed the Tax and Jobs Act on families in Illinois and fire marshal was seeing the real effects Cuts and Jobs Act. across the country. of commonsense tax reform and re- You know, in November 2016, the Thirty-one years is way too long. forming our Tax Code. Stories like great people of Michigan’s First Dis- That is what it took before we passed these are coming from every district trict sent me to Washington with a di- comprehensive tax reform at the end of across this great country, and the ben- rect, yet simple, mandate: Get Wash- last year. And in my 21⁄2 years here, I efits of the Tax Cuts and Jobs Act show ington, D.C., out of our pockets and off couldn’t be more proud to support the no sign of slowing down, and that is our backs. For a marine, that is a pret- bill. And when I went in to looking at good news for all Americans. ty simple mission-oriented instruction. the legislation in the bill, I really It should be clear by now that letting The Tax Cuts and Jobs Act was the looked at two things as we looked at workers keep more of their hard-earned first major step to accomplishing that comprehensive tax reform. One is, how paychecks is a recipe for a healthy goal. Since we passed tax reform, I do we help middle class and lower mid- economy, and I am excited to see how have travelled throughout many of the dle class people across this country and this bill continues to improve the lives First District’s 32 counties talking in my district? And secondly, how do and security of all American families. with constituents, business owners, and we get the economy roaring again? Mr. MITCHELL. Mr. Speaker, could hearing their individual stories. Farm- We, for almost 9 years, had a very the Congressman stay one moment for ers, businesses, both large and small, sluggish economy and stagnant wages. a quick question? and families are already seeing the How do we get the economy healthy, Mr. LAHOOD. Mr. Speaker, sure. benefits that tax reform brings, and we robust, vibrant again? We succeeded on Mr. MITCHELL. Mr. Speaker, he was are just getting started. both those counts with this bill, and I talking a little bit about the deprecia- Many of these small companies said: am very proud to support it. tion allowance and what that deprecia- Well, I don’t know yet, but I have got This historic tax reform law is mak- tion means for small business—espe- to meet with my accountant around ing a real difference for our families cially small business. the middle of April, and then we will and our workers. But you don’t have to One of the important things we did really see. take my word for it. Take it from the was to change how the taxes are struc- But now they are starting to see hardworking people I have spoken with tured for a path we call pass-through wage increases and bonuses, and busi- across Illinois’ 18th District. The work- to small businesses. Maybe he could ex- ness expansions are all beginning to ers I have spoken with are already see- plain that briefly, what was done to roll in and take effect, and it is long ing the results of the new withholding help small business be viable and grow overdue in our neck of the woods. And tables, which is no surprise. in this country. when I say, ‘‘our neck of the woods,’’ In fact, the median family of four in Mr. LAHOOD. Mr. Speaker, I think that is not a figurative statement. my district will save $2,593—again, let we acknowledge that small businesses That is a literal statement. me repeat that, $2,593 every year from are the lifeblood of our economy. They You know, many families in our dis- this new law. This figure is certainly create the most jobs in our economy. trict live paycheck to paycheck, and not crumbs, as some people would de- So when we looked at comprehensive even a small crisis could send them scribe it. tax reform, we obviously talked to into a tailspin. An extra $100 or $150 in When half of Americans say they are those small businesses, those inde- a paycheck in my district is not living paycheck to paycheck, this is pendent folks, and said: What can we crumbs. It is not Armageddon. It is a real money for them. The benefits have do to help you in terms of lowering the big plus. It gives that family flexibility already gone beyond lowering the rates, depreciation, expensing? to live their life and to raise their kids rates, with more bonuses and pay We took that into account, and now and be a proud community—wage-earn- raises being announced every single you are seeing the results of that. So ing members of that community. day. when you talk to small businesses on That $1,000 a year may mean a new One example from my district is the the real effect, what does that mean? set of snow tires. And by the way, we Five Senses Spa in Peoria, Illinois. What do they do with those savings? only have, roughly, a little over 2 This is a small business. And for over a Well, they are hiring more people, weeks of winter left, but we use our decade, the owner, Paola Hinton, has they are investing in higher wages, snow tires up there through about mid- provided clients with relief from the they are investing back into their com- May. That is just the way it works. stresses of their life at her spa. With panies, which has a downstream effect That money might go for the kids to the passage of the Tax Cuts and Jobs throughout this country, and those are play on a sports team. Hockey is not a Act, Five Senses Spa is now providing real results; and, again, that is a posi- cheap sport to put your son or daugh- tax relief to their employees. After cal- tive nature, which will continue into ter in. Or it could be, possibly, just sav- culating the savings from her business the future, and we are awful proud of ing up in that family rainy day fund that she saw through the Tax Cuts and those provisions. for an emergency. Jobs Act, Paola handed out $500 bo- Mr. MITCHELL. Mr. Speaker, I We hear of businesses from Boyne nuses to all of her employees as a thank Mr. LAHOOD for detailing that, City to Marquette expanding, growing ‘‘thank you’’ for their hard work. This and I appreciate him taking time this their staff, raising wages, all a result of is real money that the employees can evening. a fairer and simpler Tax Code. put towards expenses, new purchases, We now will rotate back to Michigan, You know, when I talk to some folks, or even saving up for things like edu- a fellow freshman, good friend of mine, they say: You know what, I don’t mind cation or a home or a new car. also a proud Yooper. I am proud to in- working. I am proud to work. The dig- But tax reform also has positive ef- troduce my fellow colleague in the nity of work is what makes me strong fects beyond larger paychecks. Last freshman class from the northern re- as an individual, what makes me month, I spoke with a constituent gions of Michigan, who, throughout strong as a mother or a father.

VerDate Sep 11 2014 02:55 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.094 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1431 They just think, in some ways, it is We lowered the individual tax rates These Dreamers are serving in our just not fair if you don’t earn your for all tax brackets. military. They are our teachers. They wage. So there is a certain sense of We simplified the Tax Code so that are students and businessowners, law- pride that goes along with that. taxpayers can file their taxes, 90 per- yers, doctors, and engineers. They are b 1800 cent of them, on a form about this size. an ambitious group of young people No, you don’t have to mail a postcard. who are renewing our democracy and We all know that if you are looking You put it in an envelope. But the good who are some of the very best of what for thanks, running for office probably news is you don’t need multiple pages. the next generation has to offer. isn’t the field of work you should get You don’t have to hope that you have I have no doubt, despite this termi- into. Yet everywhere I go in the dis- got a wizard to help you. Ninety per- nation this week, these young people trict these last couple of months, con- cent of Americans can fill out a few will continue to fight, and we in the stituents have been coming up to me items on here, include the W–2, and Congressional Hispanic Caucus will saying: Thank you. send it on in. stand with them. We in the Democratic They don’t know who I am. We get to We expanded, as was discussed ear- Caucus will continue to stand with talking, and they say: You are the guy lier, the child tax credit from $1,000 to them. on TV. Yeah. Well, thank you for what $2,000 for single filers and married cou- I hope some of my colleagues who you did. Thank you for passing tax re- ples to help parents with the cost of have signed on to this bill in the Re- form. raising their children. We made that publican Conference will continue, but Just a few weeks ago, I was at the fully refundable up to $1,400. That is, we need a vote on the floor. Home Depot in Petoskey, and a gen- even if your taxes are zero, you get a Seventy percent of Americans al- tleman who was working there pulled refund from the government for $1,400 ready stand with our Dreamers. me aside and thanked me for getting It is true that the Federal courts this to help you with childcare and taking tax reform done. That allowed him to week have continued with their injunc- care of your dependents. keep more of his check plus a sizable tion enjoining the termination of the For taxpayers that the standard de- bonus that was paid by Home Depot. DACA program. This will help those duction did not work as well, we kept In the Upper Peninsula, U.S. Special who are already in the program, but a number of important deductions, the Delivery gave all 200 employees $1,000 that is a small fraction of the Dream- three most popular ones: Charitable de- bonuses after tax reform passed be- ers in this country. duction, kept that; the home interest cause of the money that they will save It is a sad state of affairs that deduction, we kept that; and State and as a company on their taxes this year. Dreamers could only find justice in our A couple of weeks back, when I was local taxes. courts. This is the people’s House, and What that means is, for 95, 98 percent in Traverse City, Traverse City State the people’s business needs to be done. of my tax filers in the 10th Congres- Bank announced that they are giving It is time to have a vote on the floor in sional District, even if they fill out out new bonuses. a bipartisan fashion—a clean Dream their deductions rather than do the So many more businesses in the First Act now, or in November the voters standard deduction, they are much bet- District are raising wages, adding will have their own vote regarding ter off. workers, giving bonuses, and expand- Dreamers. Since the tax reform bill passed, as I ing. HONORING SERETHA TINSLEY DURING WOMEN’S stated earlier, 400 companies, in about We know that this is just the begin- HISTORY MONTH ning, and Americans can expect much 70 days, have given a pay raise or a Mr. SOTO. Mr. Speaker, in honor of more in the days ahead because of the bonus or both, increased benefits, Women’s History Month, I would like energy that we have put into the 401(k) contributions. to honor Seretha Tinsley. growth of our American economy. In the case of utilities, you heard in Seretha Tinsley is a Winter Haven Mr. Speaker, this confirms the very Michigan, almost $400 million a year in resident, trailblazer, and overachiever. core beliefs that I have and conserv- rate cuts, something we hadn’t thought She was the first African-American fe- atives all throughout the country be- about, hadn’t anticipated—real money male to attend and graduate from Wes- lieve in. If we get the Federal Govern- saved by our consumers. leyan College, in 1971. ment off our back, where it is not sup- Four million people have received a In the early 1980s, Seretha became posed to be, and out of our pockets, we special tax bonus, resulting in about $3 one of the first Black female general will unleash unprecedented economic billion injected into the economy. In managers in radio. potential for the citizens of our great Michigan, it is $180 million already. In 2008, she became the first African- country. That is real money. It is not eco- American president of the Winter I would just close with one note, and nomic Armageddon. I am proud to have Haven Chamber of Commerce board of that is I am Scandinavian, and there is been part of the Tax Cuts and Jobs Act. directors. a wonderful delicacy that you can only We will continue with the Tax Truth She is an entrepreneur, civic leader, afford at the holidays, and I think Squad every week through the summer mother, and wife. more people are able to afford it now, to send a message to the American peo- Desiring to become a missionary, she and it is called a crumb cake, and it is ple that we are looking out for their took a trip to West Africa, visited six great. paychecks and the well-being of their countries, and studied with educators. Mr. MITCHELL. Mr. Speaker, I family. Consequently, she became an educator thank Congressman BERGMAN, and we Mr. Speaker, I yield back the balance so that she could have a greater impact are wishing for spring in northern of my time. empowering young lives with knowl- Michigan sooner than mid-May. f edge. Mr. Speaker, I want to wrap up this Tinsley served as executive director THE DREAM WILL SURVIVE evening by talking a little bit about and cofounded Chain of Lakes Achiev- what all my colleagues spoke about: The SPEAKER pro tempore (Mr. ers, an achievement center devoted to our principles. KUSTOFF of Tennessee). Under the empowering youth through tutoring, Our principles were that people who Speaker’s announced policy of January leadership, and life skills training. She worked hard should keep more of their 3, 2017, the Chair recognizes the gen- maintains her passion for teaching by money, that their families and their tleman from Florida (Mr. SOTO) for 30 mentoring on a daily basis. pocketbooks should come first and not minutes. She is a businesswoman who takes government come first. We have Mr. SOTO. Mr. Speaker, tonight, I pride in assisting others in reaching achieved that with the Tax Cuts and rise for the 92,000 Dreamers in the their phenomenal potential. Tinsley is Jobs Act. State of Florida. Tonight, I rise for the the CFO/owner of several family busi- How did we achieve that? 3.6 million Dreamers across this Na- nesses, KFC, Tinsley Family Conces- We almost doubled the standard de- tion. sions, where she oversees administra- duction. For a married couple, the President Trump may have termi- tive and fiduciary responsibilities. standard deduction is $24,000 this tax nated the DACA program this week, Seretha’s community service and year—$24,000, and you pay no taxes. but the dream will survive. progressive leadership have earned her

VerDate Sep 11 2014 04:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.095 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1432 CONGRESSIONAL RECORD — HOUSE March 6, 2018 numerous honors, recognitions, and and prevention. Her salon is an HIV ganization, a charter member of the media coverage. testing site for the Polk County Health East Central Democratic Club, sec- Seretha is involved with multiple or- Department. retary for the Polk County Democratic ganizations in the community. She is a Salon Ashanti also serves as a loca- Black Caucus, and the United Way of Winter Haven Chamber of Commerce tion for voter outreach, registration, Central Florida board of directors. business member; First Missionary and school supply drives. Children She is also a current member of the Baptist Church trustee; life member of within the neighborhood utilize Salon Agricultural and Labor Program board the NAACP; Polk Academies Advisory Ashanti as a place of refuge, and she of directors, PRIDE of Polk County, Board; Winter Haven Chamber; past prides herself as a mentor to young the Women’s Club of Winter Haven, Sil- president of the National Coalition of women. ver Life member of the NAACP, and 100 Black Women, Polk County Chap- Her ministry extends beyond her chair of the Winter Haven Dr. Martin ter; among many other accomplish- local community, as she also organizes Luther King, Jr., Commemorative ments. toiletry drives for women’s and men’s Commission as well. Seretha Tinsley, we honor you. prison ministries. Glenda has been an official sponsor of HONORING LISA LANDERS DURING WOMEN’S Twanna began Project Park Bench as the Winter Haven MLK Parade and HISTORY MONTH a drive where warm items and food other activities during King Week. She Mr. SOTO. Mr. Speaker, in honor of could be brought to the salon for dona- is current chair of the Florence Villa Women’s History Month, I would like tions to the homeless. Items are then CRA in the city of Winter Haven and a to honor Lisa Landers. donated to the Mission of Winter past recipient of the Winter Haven Lisa Landers has served in the execu- Haven. Girls, Inc., She Knows Where She’s tive director position of the Winter Further, she also uses her salon to Going Award. Haven Housing Authority since 2009. promote other entrepreneurs. Glenda Jones, we honor you. She leads in the overall operations of In 2010, Twanna received the Commu- b 1815 the agency’s public housing Section 8, nity Service Award from the Jewett low-income tax credit, and multifamily Alumni Association and the Bringing HONORING LAKECIA GUNTER DURING WOMEN’S housing programs. Your Business Back Award from the HISTORY MONTH Known for her tenacious spirit, Lisa NAACP. Mr. SOTO. Mr. Speaker, in honor of has been recognized for successfully In 2011, she received her associate of Women’s History Month, I would like transforming a once nonperforming arts degree from Polk State College to honor Lakecia Gunter. troubled agency into one now competi- and bachelor of applied science in su- Lakecia Gunter is a Haines City na- tively recognized by Florida housing pervision management in 2013. tive. She is currently Intel’s chief of officials. Twanna is an usher, president of HIV/ staff and technical assistant of Intel. Prior to joining the WHHA in 2004 as AIDS Ministry, and member of the Prior to her current role, she was the a volunteer, Lisa championed research Willing Workers Committee at Hurst general manager of the consumer desk- on infant mortality and neonatology Chapel AME Church. top segment marketing team in the cli- for the late Florida Governor Lawton She was the 2014 recipient of Girls ent computing group, where she was re- Chiles and wife, Rhea Chiles, at their Inc. She Knows Where She’s Going sponsible for maximizing desktop prof- Center for Healthy Mothers and Babies ‘‘George Jenkins’’ Award. itability to grow the desktop P&L. at the University of South Florida in In 2015, Twanna received the Out- She is an active member of the Intel Tampa. standing Entrepreneur’s Self-Deter- Black Leadership Council, Intel’s net- Ms. Landers is also an award-winning mination Award, presented by pre- work of Intel African Americans, and journalist for The Tampa Tribune. siding elder Jimmy Thompson and the Women at Intel. Her career includes leadership as di- Lakeland District African Methodist Lakecia started from humble begin- rector of public relations for The Episcopal Church. nings, growing up in a single-parent Spring of Tampa Bay, one of Florida’s She also received the Shining Star household. Her late mom, Barbara Grif- largest domestic violence centers. Award for outstanding ministry and fin, always described her as a curious A graduate of Florida A&M Univer- community service and was the recipi- child. She is a trailblazer who has sity with a B.S. in journalism, Ms. ent of the Minerva Achievement Award never been afraid to be the only one. Landers has also pursued advanced from the Lakeland Chapter of Delta ‘‘If they let me in the door, I’m going studies in public administration at Sigma Theta Sorority Inc. to make the entrance wider,’’ she says. USF and holds the distinguished Exec- Twanna Dewdney, we honor you. And she does just that by sharing her utive Director’s Education Certifi- HONORING GLENDA JONES DURING WOMEN’S time and talents with several non- cation from Rutgers University’s Cen- HISTORY MONTH profits focused on improving edu- ter for Government Studies. Mr. SOTO. Mr. Speaker, in honor of cational outcomes for high school drop- Among her board and outside inter- Women’s History Month, I would like outs and underprepared college stu- ests, Ms. Landers is a member of the to honor Glenda Jones. dents. In her mentoring, she tries to Winter Haven Leadership Class of 35, It has been said that humility is impress upon kids that challenges are currently serves as the Florida State often found in those who serve others. designed to help them grow. public relations representative for the Glenda Jones best personifies that Lakecia earned an MS in electrical Florida Association of Housing and Re- statement. engineering from the Georgia Institute development Officials and its South- For 45 years, Glenda has and con- of Technology and a bachelor of eastern Regional Council, and is cur- tinues to champion the elderly by seek- science degree in computer engineering rently a member of the Leadership ing to empower them with knowledge, from the University of South Florida. Polk Class XI. skill, and resources through the Winter She also earned her project manage- Lisa Landers, we honor you. Haven Neighborhood Service Center ment professional certification. HONORING TWANNA DEWDNEY DURING WOMEN’S Inc. Her efforts in the engineering career HISTORY MONTH As a registered nurse, she provides field and the community have garnered Mr. SOTO. Mr. Speaker, in honor of care and compassion for her commu- her national recognition. She recently Women’s History Month, I would like nity through civic engagement. Glenda was named to Business Insider’s list of to honor Twanna Dewdney. actively serves her community and has the 26 most powerful female engineers Twanna Dewdney is a Winter Haven been recognized for her participation in 2016. She was the recipient of the So- resident and proprietor of Salon with a number of organizations in our ciety of Women Engineers’ Prism Ashanti. She has proudly operated her community. Award for demonstrating outstanding salon in Winter Haven for over 13 years Glenda won Woman of the Year, the career technology leadership as well as and considers it a vital resource to the highest honor in Winter Haven, in the leadership in STEM and in the commu- community. 2008 Banker’s Cup. She is involved with nity. As a community activist, Twanna ad- St. Joseph’s school board, the Keep Further, she was named to Diversity vocates for HIV and AIDS education Winter Haven Clean and Beautiful or- MBA Magazine’s 2014 list of top 100

VerDate Sep 11 2014 04:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.097 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1433 under 50 diverse executive leaders for which provide services to lesbian, gay, Before moving to central Florida, her technology leadership and achieve- bisexual, transgender, and all youth. Mary was a journalist. In 2004, Mary ments at Intel and in the community. Following the tragic Pulse nightclub graduated cum laude from Henderson For that, Lakecia Gunter, we honor shooting, the Zebra Coalition evolved State University in Arkansas with a you. as a leading organization in the com- bachelor of art in mass media. In 2016, HONORING GLORIA NIEC DURING WOMEN’S munity’s provision of services to vic- she graduated from Henderson State HISTORY MONTH tims and their families, and Wilkie with a master of art in art history and Mr. SOTO. Mr. Speaker, in honor of continues to lead these efforts to en- liberal arts. In 2012, Mary graduated Women’s History Month, I would like sure the LGBTQ-plus youth in central with a master of Christian leadership to honor Gloria Niec. Ms. Niec is the Florida have a safe space to turn. with an emphasis in missions from As- executive director of the Celebration Wilkie serves on the task force for bury Theological Seminary. Foundation and has tackled serious the LGBTQ Alliance, a group of ap- Mary and her amazing husband, Mar- issues affecting Osceola County. pointed LGBTQ organizations and com- tin, have three children. She enjoys In 2012, the Celebration Foundation munity leaders formed to address our writing, preaching, and reading. In her led the effort to increase awareness of community’s needs as a result of the free time, you can find her and her those experiencing hunger in the coun- Pulse shooting. family enjoying the theme parks in ty by creating Osceola Connected. The She is an experienced executive lead- central Florida. group became very involved in com- er in the nonprofit sector with over 13 And for that, Mary Downey, we honor bating childhood hunger. Today, Osce- years of personal commitment and you. ola Connected provides food to over dedication to community service. A dy- HONORING SHERI MORTON DURING WOMEN’S 1,000 Osceola County elementary stu- namic and energetic advocate for glob- HISTORY MONTH dents every week during the school al change and equality, Wilkie contrib- Mr. SOTO. Mr. Speaker, in honor of year. utes a strong passion for social justice. Women’s History Month, I would like While handing out bags of food or Prior to joining the Zebra Coalition, to honor Sheri Morton. taking children to summer camp, Glo- Wilkie served as chief operating officer For over half a century, Sheri Mor- ria learned that many graduating sen- for the leading central Florida domes- ton has volunteered for progressive iors had no postsecondary plans. Once tic violence organization Harbor causes. From the peace, civil rights, she learned that most students had House. During that time, she chaired and women’s movements in the 1960s to never even visited a college campus be- the LGBTQ Caucus with the Coalition voting, equal rights, and quality af- fore, Gloria and her committee began Against Domestic Violence, where she fordable healthcare, Ms. Morton has sponsoring campus tours of Technical led the statewide initiative to enhance volunteered tens of thousands of hours Education Center Osceola and Valencia services for LGBTQ survivors of abuse. to help improve the quality of life for College Osceola Campus. The first Wilkie holds a master’s degree in people in our community, our country, year, just over 100 students toured the mental health counseling from Rollins and our world. campuses. Since then, over 6,000 stu- College. Ms. Morton began volunteering as a dents have toured the campuses, which And for that, we honor you, Heather teenager and continued doing so during have helped improve the county’s col- Wilkie. her undergraduate years, when she was lege-going rate. HONORING MARY DOWNEY DURING WOMEN’S the first woman from her high school Education is one of the cornerstones HISTORY MONTH to attend Harvard College. She earned of Celebration Foundation’s mission Mr. SOTO. Mr. Speaker, in honor of a master’s degree at Harvard Graduate ‘‘to work hand in hand with our neigh- Women’s History Month, I would like School of Education, where she later bors to build a strong and caring cen- to honor Mary Downey. worked. tral Florida community.’’ Reverend Mary Lee Downey is the ex- After receiving her JD, she became Gloria was concerned about the effect ecutive director and founder of the an attorney and is now retired. of media on girls and young women. nonprofit Community Hope Center. Sheri has held numerous volunteer She convened a group of talented The Community Hope Center is a one- political positions as well as served on women, and they formed WINGS, Wom- stop shop providing services to the the Osceola County Library Advisory en’s Initiative Nurturing Girls’ homeless and disenfranchised in Osce- Board. Strength. The goal is to help girls and ola County. In 2016, the Community A lifelong supporter of quality afford- women create powerful life journeys. Hope Center was awarded the pres- able healthcare for all Americans, she Gloria also gathered a group of archi- tigious Bank of America Neighborhood was a local volunteer spokesperson, en- tects and urban planners who are com- Builders Award and, in 2015, the Bob couraging enrollment in the Affordable mitted to preserving, protecting, and Allen Award by Walt Disney World for Care Act health insurance exchanges. advancing the principles upon which innovative approaches to helping the Ms. Morton’s volunteer work has Celebration was based. They teach at homeless in the community. ranged from teaching English to immi- Lifelong Learning, lead tours, and In the last five years, the Community grants and tutoring a blind student in sponsor an annual speaker. Hope Center has served over 25,000 indi- high school math to collecting food for The Concert Series, in its 16th year, viduals in the central Florida area. The Appalachia’s needy and warm clothes is enjoying robust attendance and Center focuses on a ‘‘housing first’’ for the homeless. Currently, she regu- sponsorship. Gloria has helped to grow model of care while also including a larly volunteers hosting Jewish cul- the series, which offers a cultural op- strong position regarding poverty alle- tural events for the residents of a local portunity for residents in Celebration, viation. assisted living facility. Osceola County, and central Florida. Reverend Downey is a deacon in the After half a century of volunteering, She has also been involved with Thriv- United Methodist Church for the Flor- Ms. Morton’s dedication to improving ing in Place and Lifelong Learning, ida Annual Conference. Her focus is on the lives of others continues unabated. programs that enable seniors to live missional outreach through social jus- And for that, Sheri Morton, we honor healthy, safe, independent, and have tice in the nonprofit organizations. She you. enriched lives. is also a clergy at the Spring of Life HONORING KATHLEEN PLINSKE DURING WOMEN’S And for that, Gloria Niec, we honor United Methodist Church. HISTORY MONTH you. Previously, Mary served as the dep- Mr. SOTO. Mr. Speaker, in honor of HONORING HEATHER WILKIE DURING WOMEN’S uty director of Helping Others Make Women’s History Month, I would like HISTORY MONTH the Effort, HOME, a nonprofit com- to honor Kathleen Plinske. Mr. SOTO. Mr. Speaker, in honor of mitted to ending homelessness in Osce- Kathleen Plinske serves as campus Women’s History Month, I would like ola County. She was also the program president of the Osceola, Lake Nona, to honor Heather Wilkie. and evangelism director for the First and Poinciana campuses at Valencia Heather Wilkie is the executive di- United Methodist Church of Kis- College in Orlando, Florida, and in cen- rector of the Zebra Coalition, a net- simmee, where she focused on spiritual tral Florida. She has served as an advo- work of community organizations formation, outreach, and missions. cate for increasing access to higher

VerDate Sep 11 2014 04:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.099 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1434 CONGRESSIONAL RECORD — HOUSE March 6, 2018 education in historically underserved She was soon invited to join the local stitutional right for any reason or no communities and has been instru- nonprofit for the Guardian Ad Litem reason at all, as much as you might mental in Osceola County’s ‘‘Got Col- Program in Osceola County, Voices for want to parse the phrases in Roe v. lege?’’ efforts, which have resulted in Osceola’s Children, where she is serving Wade and Doe v. Bolton, Mr. Speaker. an increase in the community college’s as board chair. This nonprofit supports Of course, for me, I didn’t realize the going rate by more than 20 percent the efforts of over 200 certified local impact of this in 1973. But by 1976, over the last 5 years. volunteer GALs, as well as provides for when my first son was born, I remem- Prior to joining Valencia in 2010, the unmet needs of over 500 local chil- ber holding him in my hands and look- Plinske began her career at McHenry dren while they are under the super- ing at David Steven King, under- County College, rising up to ultimately vision of the court dependency system. standing the miracle of life and the becoming interim president of institu- She is a longtime member of Rotary miracle of birth and thinking within tional effectiveness. A graduate of Illi- International’s Kissimmee West Ro- that first hour of his life how anyone nois Mathematics and Science Acad- tary Club in Osceola County. She plans could take his life now, this little mir- emy, Plinske attended Indiana Univer- on continuing to support her club’s acle child with that big head and dark sity Bloomington as a Herman B. Wells fundraising efforts through local hair and blue eyes and gurgling a little scholar, earning a bachelor of arts in causes, including the Adopt-A-Precinct bit and crying some and squirming a Spanish and physics with highest dis- program for the Osceola County Super- lot, but a miracle. tinction and honors. A member of Phi vision of Elections. I thought: How could anyone take his Beta Kappa, she completed a master of She finds the Rotary ideal of ‘‘Serv- life now, when he is an hour old or a arts in Spanish from Roosevelt Univer- ice Above Self’’ a wonderful way to minute old or a minute before he was sity, a doctorate in education tech- meet new people who share the ideal born or an hour before he was born? nology from Pepperdine University, and work to give back to the commu- Could they take his life a day before, a and a master of business administra- nity. week before, or a month before, or a tion from the University of Florida. For that, Kathy Wandel, we honor trimester before? Actively involved in her community, you. When could you decide that this Plinske has served as a board chair of Mr. Speaker, I yield back the balance child’s life could be ended, and do so the Education Foundation of Osceola of my time. within a moral framework rather than County and as president of the Rotary f a framework of maybe self-interest? Club of Lake Nona. She has also served I concluded that there was only one ABORTION IN AMERICA on the board of CareerSource Central moment, only one instant. We have to Florida, the Osceola Center for the The SPEAKER pro tempore. Under choose that moment when life begins. Arts, Junior Achievement of Osceola the Speaker’s announced policy of Jan- There is only one, and that is the mo- County, and the Lake Nona Education uary 3, 2017, the Chair recognizes the ment of conception. We all know that. Council. gentleman from Iowa (Mr. KING) for 30 I knew it in 1973. I am sure I knew it In 2010, Plinske was recognized as one minutes. before then, but I hadn’t thought about of 24 emerging leaders in the world by Mr. KING of Iowa. Mr. Speaker, it is it very much. Phi Delta Kappa. In 2012, she was my privilege to have the opportunity And here we are today and we know. named Woman of the Year by Orlando to be here on the floor of the United We know by the benefit of ultrasound. Business Journal in its 40 Under 40 States House of Representatives. I ask We are watching little babies squirm competition and the Outstanding that people who are listening to our around in the womb. We are watching Young Alumna by Indiana University. conversation weigh heavily on some of them yawn and stretch and suck their In 2014, she received the Compadre the remarks that will be made here thumbs and try to talk and stretch Award from the Hispanic Business this half hour. themselves and belch and do all the Council of the Kissimmee/Osceola I come to the floor tonight, Mr. things inside the womb that they do Chamber of Commerce and the Don Speaker, to address the situation of in- pretty shortly when they get outside Quijote Hispanic Community Cham- nocent, unborn human life in America the womb. It is life. It is miraculous pion Award from the Hispanic Chamber and to recount the path that we have life. Little hands, little feet, little fin- of Commerce of Metro Orlando. followed and to lay out a path for the gers, a little nose, little eyes. They are Plinske was selected as an Aspen future that gives us a better oppor- little babies that are defenseless. Presidential Fellow in 2016 and was tunity to save as many lives as pos- This Congress has allowed a Supreme named Pepperdine University’s Distin- sible. Court to impose abortion on demand in guished Alumna in 2017. For me, Mr. Speaker, I recall that America, and we have worked to put And for that, Kathleen Plinske, we when 1973 rolled around—January 22, together very few limitations on that honor you. 1973—on that date, we had two major abortion on demand. I don’t think we HONORING KATHY WANDEL DURING WOMEN’S decisions that came down from the have done enough, either, to send the HISTORY MONTH United States Supreme Court: Roe v. message to America that life begins at Mr. SOTO. Mr. Speaker, in honor of Wade, which most everybody knows; the moment of conception. But Women’s History Month, I would like and the other was Doe v. Bolton. Of ultrasound has shown many of us in to honor Kathy Wandel. those two cases that dropped on us in this country—millions of us—that life Kathy Wandel comes from a career in January of 1973, not very many people, does exist inside the womb. transportation, which focused on sales, if any, understood the magnitude of We know that we can, even with a operations, and training. Upon her re- the decisions that had been made that transabdominal ultrasound, verify a tirement, she and her husband relo- day or the impact it would have on the heartbeat in 7 to 8 weeks from concep- cated from Texas to central Florida. population of the United States of tion. In 7 to 9 weeks, that little baby is She served on the board of directors America. formed by then with a beating heart. for the Senior Resource Alliance, the They did not believe that we would We know that of those babies that have Area Agency on Aging for Central Flor- see 45 years of pro-life marches coming a detectable beating heart, 95 percent ida, representing Osceola County, and to the city in the middle of the winter of those babies will experience a suc- was board chair for three years. She and sometimes marching through the cessful birth. It is at least 95 percent. also delivered Meals on Wheels for the snow from down on the Mall, all the Some say more. Osceola County Council on Aging. way up to the United States Supreme So 95 percent of them, or more, are Court building, calling upon the Su- destined to experience a successful b 1830 preme Court to correct the decision birth. Yet the most dangerous place for She became a volunteer guardian ad that was made by an activist court in a baby is in the mother’s womb. It is litem, helping to provide a powerful 1973. the most dangerous place because our voice in court on behalf of Florida’s The bottom line of that decision was hearts are hardened by a Supreme abused, neglected, and abandoned chil- that an abortion was essentially de- Court decision that some think will dren in 2003. clared to be, some would say, a con- not change, that we have to live with it

VerDate Sep 11 2014 04:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.100 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1435 in perpetuity and accept the con- But it is really a telling moment tors that are onboard with this. We sequences of 60 million Americans when that prospective mother hears need a couple more of these national being aborted. that heartbeat. That is what is so im- groups to get involved and not see the There is a hole in the population of portant in this debate about having the fog, but, instead, see the clear path America that is 60 billion babies tool of an ultrasound to show what is that this is. strong. Some of those little girls who really going on here, for those who try I implore people to contact their leg- were aborted would be mothers by now. to obfuscate what is happening with islators and contact the organizations When you do the math on that just on the pregnancy. Let that prospective that are supposed to be standing for the back of the envelope, that is per- mother make an informed decision, not life and make sure they get onboard haps as many as another 60 million ba- one that is hidden, not one that is ob- with this effort, because a heartbeat is bies—a missing 120 million Americans fuscated by, ‘‘Oh, it is just a tissue a true indication of life. that would otherwise have been born in mass or something.’’ I thank Mr. KING for his effort with this country and had the opportunity The crime about a lot of this is that this. to live, to love, to laugh, to learn, to a lot of these women are not being al- Mr. KING of Iowa. Mr. Speaker, the worship, to be mothers or fathers lowed to make an informed decision gentleman gives me a little too much themselves. That is what we are asking about what is really going on. credit and doesn’t take enough credit for here in this Congress with 170 co- So this Heartbeat bill that Mr. KING for himself. sponsors on the Heartbeat bill. is championing here is an important b 1845 Mr. Speaker, I yield to the gentleman moment in time for a prospective mom from California (Mr. LAMALFA), one of and her mate to be able to have an in- That is that measure of humility I those cosponsors who is a bit of a rare formed decision and really contemplate was asked about earlier today. Trent commodity himself, a conservative this life that is happening and the Franks always said: The funny thing from California. downside of what that abortion might about humility, about the time you Mr. LAMALFA. Mr. Speaker, I am, mean. think you have achieved it, you have indeed, pleased to join my colleague So, indeed, is it not a crime to mur- lost it. from Iowa (Mr. KING) tonight, who has der a human being with a heartbeat? Mr. LAMALFA is a solid principled been a very strong, tireless leader on It really shouldn’t be any different conservative, and I appreciate him this issue and many other important for babies that are yet to be born. coming to the floor to defend life. The ones for our Congress and our country. Arguably, since they are innocent, effort that we have had is the whip So I thank him for that and for letting isn’t it more important we protect team has gone out and pulled together me be here to be a part of this tonight. their rights? 170 cosponsors on this bill that has set Obviously, this is a very important They don’t really have someone to the stage for a path that I believe soon issue and we need to have a much bet- speak for them, except for those of us will be to the floor of the House of Rep- ter discussion than we have had in a who realize what we are truly taking resentatives. Let’s put the Heartbeat long time in this country. about here: an innocent life with a bill over on MITCH MCCONNELL’s desk. The moral of the Heartbeat Protec- heartbeat that will become a life out- That is a good place for a lot of good tion Act is extremely simple to under- side of the womb and walk amongst the things to have a chance to happen, stand. It is against the law for a physi- rest of us humans with dignity, with even though they are a little slower at cian to perform an abortion after de- passion, with ideas, with dreams. That moving over there than we are over tecting a heartbeat, other than to save here. the life of the mother. is what we are defending here. It really mystifies me how legisla- One of the nimble folks who has been Mr. KING was speaking a moment ago actively engaged in the pro-life move- about this. For anybody who uses com- tion like this is so difficult to move mon sense, life begins at that moment through this body, the Senate, the Con- ment in the House of Representatives of conception. At that moment of con- gress as a whole, or State legislatures is Mr. LAMBORN from Colorado. Mr. Speaker, I yield to the gentleman ception, you have a life. If you don’t in other types of bills we have tried in from Colorado (Mr. LAMBORN). have a conception, obviously, you don’t order to preserve life, to preserve the Mr. LAMBORN. Mr. Speaker, I thank have a life. value of life. So how is it that it is even a debate? Indeed, if we are not a country that Congressman KING for his endless and How do people hide on the sidelines, in is going to value life in all of its human tireless leadership in reminding us of the shadows, somehow debating it as forms, then what are we? the humanity of the unborn. I am a something like, ‘‘Well, is it really a Our Founders placed a great value on proud cosponsor of the Heartbeat Pro- life,’’ or, ‘‘At what line do we draw that those liberties that have formed this tection Act. I am one of those 170 who point at?’’ country. Indeed, right above the dais it have stepped forward to support this That is an important point Mr. KING says: ‘‘In God we trust.’’ much-needed piece of legislation. made as well with all the different I think God watches what we do here. The development of an unborn baby ideas of when an abortion is appro- He is watching what is happening to is truly miraculous. Around 6 to 8 priate. these babies and he wants us to tell the weeks, you can detect, through We have a 20-week mark. We have the truth and know the truth and be able ultrasound, the heartbeat of the little end of the first trimester, the end of to project the truth on what is really child inside the mother’s womb; 6 to 8 the second trimester. going on with a pregnancy or those weeks. So I don’t see how people can What date is appropriate? who are contemplating a very serious deny that an abortion is the taking of We have people these days talking decision. a human life. about partial-birth abortion not being This bill will go a long way toward How many lives would we save if we a problem at all. Even in some extreme shedding the light on a quantifiable remembered that simple fact? quarters, some people are saying that moment when there is a detected What if instead of rushing to abor- post-birth is somehow an acceptable heartbeat that anybody around that tion, which some people think is their way and that it isn’t really a person ultrasound can hear. That should be a only option, we instead turned our at- with rights at that point. reality moment. I think more times tention to addressing practical needs, We are talking about a much nar- than not, a prospective mother will the needs of a woman facing a preg- rower thing here, with the heartbeat make a decision for life, given that. nancy decision? being a true detectable moment of life. I commend my colleague, Mr. KING, What if we empowered women to When prospective mothers go in for for battling this for those who have carry and raise their child? those ultrasounds, it is a very moving lost their lives so many millions of Or what if we did everything we moment for her, and, hopefully, her times in the past and had nobody to de- could to promote a stable and happy mate there with her, to see what is fend them. But he is building momen- life for the child through adoption? going on inside there with all those lit- tum on this legislation and his effort America was built on the principle tle baby parts that are being formed with so many pro-life groups around that life is a God-given gift. Here, in and the miracle that life is. the country, so many pro-life legisla- Congress, it is our duty to protect

VerDate Sep 11 2014 04:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.102 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1436 CONGRESSIONAL RECORD — HOUSE March 6, 2018 human life at all stages. I will continue a right to privacy in order to buy birth behold, we saw the baby, we saw the to do so, and I know Representative control pills. It was in Connecticut in beating heart, and we were just in awe KING will continue to do so. I thank that period of time. Shortly after that at this new human life. him for his leadership. I am glad that I decision, they decided it wasn’t just a Mothers and fathers are forever can support him with this wonderful married couple that had a right to pri- changed when they first hear that piece of legislation. vacy; it was an unmarried couple that heartbeat, that tiny pulse that rein- Mr. KING of Iowa. Mr. Speaker, I had a right to privacy in the form of forces the big and beautiful reality of a thank the gentleman from Colorado for contraceptives. That was only in the precious human life. coming to the floor to make such a mid-sixties. Mr. Speaker, that is why I rise in strong message here on the sanctity of Then Roe v. Wade came along. I support of H.R. 490, the Heartbeat Pro- human life. think that this Court can never be de- tection Act. As a lawmaker, I took an When I think about that heartbeat, a fended for the decision that they made, oath to our Constitution to protect the heartbeat is a certain indicator of life. the idea that privacy trumps life, and constitutional rights of all Americans. If the baby has a beating heart, we that the privacy of a mother will allow That is why I am cosponsoring this know that baby is alive. Statistically for an abortion at any stage, is how bill. speaking, 95 percent or more of those this all came together between Roe v. This legislation protects a pre-born little babies that have a beating heart, Wade and Doe v. Bolton. baby’s life when his or her heartbeat is that can be detected by an ultrasound But even some of our professors that detected. A heartbeat is a very basic in that 6- to 8-week period of time, 95 you might think have been on the sign of life. The pulse represents a percent of them will experience a suc- other side of the issue had their skep- unique person with inherent dignity cessful birth. ticism. In fact, there is a bit of it here and natural, human and constitutional I have asked the question to those in Ruth Bader Ginsburg in a statement rights that extend throughout the con- who weren’t supportive of the bill: Did that she made in 1985. Our Supreme tinuum of life through conception until you ever hear the expression, ‘‘Let’s Court Justice Ginsburg said: natural death. error on the side of life?’’ Roe, I believe, would have been more ac- And where do these rights come Well, let’s not error with life at all if ceptable as a judicial decision if it had not from? we can help it. If we have a 95 percent gone beyond a ruling on the extreme statute The Founders who signed the Dec- before the court. Heavyhanded judicial inter- chance of a successful birth, we can’t laration knew, for the Declaration vention was difficult to justify and appears itself says: ‘‘We hold these truths to be take a chance on ending that little to have provoked, not resolved, the conflict. self-evident, that all men are created baby’s life. I would restate the Fourteenth Mr. Speaker, this bill is a bill that equal, that they are endowed by their Amendment. It says this: ‘‘No State Creator with certain unalienable has come together over the last year shall make or enforce any law which and a half or so. Just to mention some rights.’’ shall abridge the privileges or immuni- That is interesting, Mr. Speaker, be- of the points here that I think are im- ties of citizens of the United States; portant is that we have at least 162 pro- cause the first unalienable right that is nor shall any State deprive any person identified is the right to life. life organizations and leaders that sup- of life, liberty, or property without due port the Heartbeat bill. I have a little Do you know who else knew? process of law; nor deny to any person President Kennedy. demonstration here. within its jurisdiction the equal pro- President Kennedy reminded us in a These are some of the organizations tection of the laws.’’ different context, in the struggle and leaders that support the Heartbeat This comes back to personhood. I be- against atheistic totalitarian com- bill. We have to really search pretty lieve that a conceived baby from that munism. He said these words: ‘‘And yet hard to find somebody that is not on- moment is a person. We don’t have the the same revolutionary beliefs for board. technical medical ability to define that which our forebears fought are still at You can go down through this list. I moment at this point, Mr. Speaker, but issue around the globe—the belief that could read these all off, but I think it we can define ‘‘heartbeat,’’ and we have the rights of man come not from the would be a little bit tiresome and done so in the Heartbeat Protection generosity of the state but from the maybe a little bit redundant. I put this Act. hand of God.’’ together. This may be one-third of—or Mr. Speaker, I yield to the gentleman The right to life, defined in our Dec- maybe even one-fourth—of the overall from Pennsylvania (Mr. ROTHFUS), who laration, protected in our Constitution, list of 162 pro-life organizations and has been a leader and a fighter for life and reiterated time and again by lead- leaders that support the Heartbeat bill. since back in the 1980s or so, when I ers across the religious and political It is nearly universal across this coun- was still in the crib. spectrum, applies to every human life. try. Mr. ROTHFUS. Mr. Speaker, I would It is easy to see who is human, if you Of course, we don’t have Planned like to commend Mr. KING for his work look. Parenthood on here. We don’t have the on the Heartbeat Protection Act. It Twenty-six years ago, the late Gov- NARAL here. The National Abortion gives us an opportunity to reflect on ernor Bob Casey from Pennsylvania, Rights Action League is what they some of those bigger issues that we and others, including Sargent Shriver used to be. They say they aren’t any- have going on in our society. and Eunice Kennedy Shriver, signed more, but, yes, they are. This is personal to everybody. We all onto a statement regarding abortion as We have the pro-life organizations have our own stories of when we are in true today as when it was published. here: the people who care about life, a family situation and somebody be- Under the section of that document the people who understand that human comes pregnant. I certainly remember that was titled ‘‘Without a Doubt, a life is sacred in all of its forms, it be- that when my wife and I had our first Human Life,’’ Governor Casey and his gins at the moment of conception, that child. The first visit to the doctor when coauthors observed: we have to protect life from that time you got to hear the heartbeat was just From the beginning, each human embryo on, and that we have a constitutional amazing. has its own unique genetic identity. Three duty to do so. We have an equal protec- I remember also having a subsequent and a half weeks after conception, its heart tion clause in the Fourteenth Amend- appointment where the doctor couldn’t starts beating. At 6 weeks, brain activity can ment of the Constitution that tells us find the heartbeat. We were very con- be detected. At the end of 2 months, the that. cerned, very worried, so they sent us to limbs, fingers, and toes are complete. By 3 But it seems as though the United the hospital. They wanted us to have months, the baby is quite active, forming States Supreme Court, in Roe v. Wade another test. It is a small town we were fists, bending arms, and curling toes. At 4 and Doe v. Bolton, upset that. They de- in. The hospital was where they had months, vocal cords, eyelashes, teeth buds, cided that a right to privacy, which fingernails, and toenails are all present. By 5 the sonogram. My wife and I were pray- months, the baby is sucking its thumb, was a manufactured right—I don’t ing all the way: Please, let this baby be punching, kicking, and going through the think I have it in my memos—but it is okay. motions of crying. By 6 months, it responds Griswold v. Connecticut back in the Well, we got to the hospital and the to light and sound and can recognize its 1960s. It is a decision that a couple had technician did a sonogram, and, lo and mother’s voice.

VerDate Sep 11 2014 04:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.104 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1437 The statement went on: floor, and I will vote ‘yes,’ ’’ I think we spending and revenues estimated for each Advocates of unrestricted abortion do not get to ‘‘yes,’’ but we need to bring it fiscal year based on laws enacted or awaiting want the public to focus on these undeniable here. the President’s signature. Table 1 in the report compares the current facts of fetal development, but the facts can- There are concerns that, well, if we levels of total budget authority, outlays, and not be ignored. They may claim that abor- pass it off the floor of the House, the revenues to the overall limits, as adjusted, tion is a violent act, not against potential Senate won’t take it up. Well, we know contained in H. Con. Res. 71, as agreed to on life, but against a living, growing human they won’t take it up if we don’t pass October 26, 2017, for fiscal year 2018, and for being, a life with potential. it off the floor of the House. the 10-year period of fiscal years 2018 Governor Casey subscribed to that There is concern about the Supreme through 2027. This comparison is needed to belief. Court. Of course there is. We have to implement section 311(a) of the Congres- Mr. Speaker, let’s be clear. Inten- sional Budget Act, which establishes a rule challenge the Court. We are going to enforceable with a point of order against tionally stopping a heartbeat is not live with the 1 million abortions a year healthcare. measures that would breach the budget reso- in this country until we are willing to lution’s aggregate levels. The table does not H.R. 490 recognizes what science has challenge the Court and do so success- show budget authority and outlays for years already affirmed: that there is a baby fully. after fiscal year 2018 because appropriations growing in her mother’s womb, one I believe, Mr. Speaker, that we are for those years have not yet been completed. with her own distinct heartbeat. going to see one or two more appoint- Table 2 compares the current levels of Therefore, we have an obligation to budget authority and outlays for legislative ments to this Court in the next 2 or 3 action completed by each authorizing com- protect the most vulnerable among us: or more years, and we need to get the to defend the defenseless. mittee with the limits contained in the bill off the floor, onto the desk of Lead- Statement of Committee Allocations of the How can our country continue to er MCCONNELL so that it has a chance Fiscal Year 2018 Concurrent Resolution on flourish and claim itself as a champion then to go to the President’s desk, the Budget, published in the Congressional of human rights when we allow our so- where I am very confident that Presi- Record on November 2, 2017, for fiscal year ciety to rid ourselves of our own future dent Trump will sign the bill. And then 2018, and for the 10-year period of fiscal years generations? it has a chance to go—I am happy with 2018 through 2027. For fiscal year 2018 and the That is why I came to the floor today 10-year period of fiscal years 2018 through it not being litigated, but we expect it 2027, ‘‘legislative action’’ refers to legisla- to urge support for the Heartbeat Pro- will be litigated like every other effec- tection Act, to give our country a tion enacted after the adoption of the levels tive piece of pro-life legislation. set forth in H. Con. Res. 71 and the State- chance to reflect on some of the deeper I appreciate the attention tonight, ment of Committee Allocations published in questions and deeper values, to walk in Mr. Speaker, and the speakers who the Congressional Record on November 2, solidarity with one another when one have come to the floor to weigh in for 2017. This comparison is needed to enforce encounters a difficult situation, and to innocent, unborn human life and to lay section 302(f) of the Congressional Budget stand in each another’s shoes with em- out the path for the future that we Act, which creates a point of order against pathy. measures that would breach the section have to follow here if we are to answer 302(a) allocation of new budget authority for Mr. Speaker, I urge my colleagues to to God and country for that gift from support this legislation. the committee that reported the measure. It God, which is life, in the first priority, is also needed to implement section 311(b), Mr. KING of Iowa. Mr. Speaker, I then liberty, then the pursuit of happi- which exempts committees that comply with thank the gentleman from Pennsyl- ness. their allocations from the point of order vania for his eloquent words. Mr. Speaker, I yield back the balance under section 311(a). I hadn’t heard the description deliv- of my time. Table 3 compares the current status of dis- ered by Governor Casey in those years cretionary appropriations for fiscal year 2018 back. But Governor Bob Casey—God f with the ‘‘section 302(b)’’ suballocations of rest his soul—captured my attention discretionary budget authority and outlays LEAVE OF ABSENCE among Appropriations subcommittees. The years ago, 20 or more years ago. I had By unanimous consent, leave of ab- comparison is needed to enforce section a quote from Governor Bob Casey, a sence was granted to: 302(f) of the Congressional Budget Act be- Democrat, that I had on my bulletin Mr. POE of Texas (at the request of cause the point of order under that section board that I don’t have to look up any- equally applies to measures that would Mr. MCCARTHY) for after 4 p.m. today more. And it was this: breach the applicable section 302(b) sub- and for the balance of the week on ac- allocation. The table also provides supple- Human life cannot be measured. It is the count of personal reasons. measure itself against which all other things mentary information on spending in excess are weighed. Mr. STIVERS (at the request of Mr. of the base discretionary spending limits al- MCCARTHY) for today and March 7 on lowed under section 251(b) of the Balanced It rang so clear and true to me that account of his duties with the Ohio Na- Budget and Emergency Deficit Control Act. I cut it out of the magazine and stuck tional Guard. Table 4 compares the levels of changes in it up on the bulletin board. His words mandatory programs (CHIMPs) contained in Mr. DEFAZIO (at the request of Ms. echo in this Chamber today. I wish appropriations acts with the permissible lim- PELOSI) for today on account of flight its on CHIMPs as specified in section 5103 of they echoed in his son over in the Sen- delays. ate the same way they echoed out of H. Con. Res. 71. The comparison is needed to f enforce a rule established in H. Con. Res. 71 the mouth of Governor Bob Casey back against fiscal year 2018 appropriations meas- in those days when he was denied the PUBLICATION OF BUDGETARY ures containing CHIMPs that would breach opportunity to speak before the Demo- MATERIAL the permissible limits for fiscal year 2018. cratic National Convention because he Table 5 displays the current level of ad- is pro-life. And we look today and we STATUS REPORT ON CURRENT SPENDING LEVELS vance appropriations for fiscal year 2019 of OF ON-BUDGET SPENDING AND REVENUES FOR see this issue has been more and more accounts identified for advance appropria- FY2018 AND THE 10-YEAR PERIOD FY2018 tions pursuant to the Statement published in polarized. I hope that we can be more THROUGH FY2027 broad with this and that we can be the Congressional Record on November 2, HOUSE OF REPRESENTATIVES, 2017. These tables are needed to enforce a more bipartisan than we are. COMMITTEE ON THE BUDGET, rule against appropriations bills containing b 1900 Washington, DC, March 6, 2018. advance appropriations that are: (i) not iden- Hon. PAUL RYAN, tified in the statement of the Chairman pub- We do have bipartisan cosponsorship Speaker, House of Representatives, lished in the Congressional Record on No- on this bill. It is narrow, but it exists. Washington, DC. vember 2, 2017 and (ii) would cause the aggre- I urge, Mr. Speaker, this body to DEAR MR. SPEAKER: To facilitate applica- gate amount of such appropriations to ex- take this bill to the floor. 170 cospon- tion of sections 302 and 311 of the Congres- ceed the level specified in section 5104 of H. sors is further ahead than any com- sional Budget Act, I am transmitting an up- Con. Res. 71. parable piece of pro-life legislation. To dated status report on the current levels of In addition, a letter from the Congres- on-budget spending and revenues for fiscal sional Budget Office is attached that sum- have that many cosponsors and a good year 2018, and for the 10-year period of fiscal marizes and compares the budget impact of number of other Members who have years 2018 through 2027. This status report is legislation enacted after the adoption of the said, ‘‘I am not ready to sign on the current through February 23, 2018. The term budget resolution against the budget resolu- dotted line, but you bring it to the ‘‘current level’’ refers to the amounts of tion aggregates in force.

VerDate Sep 11 2014 05:25 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K06MR7.105 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1438 CONGRESSIONAL RECORD — HOUSE March 6, 2018 If you have any questions, please contact Brad Watson. Sincerely, STEVE WOMACK, Chairman, Committee on the Budget. TABLE 1—REPORT TO THE SPEAKER FROM THE COMMITTEE ON THE BUDGET, STATUS OF THE FISCAL YEAR 2018, AND 2018–2027 CONGRESSIONAL BUDGET REFLECTING ACTION COMPLETED AS OF FEBRUARY 23, 2018 [On-budget amounts, in millions of dollars]

Fiscal Year Fiscal Years 2018 1 2018–2027

Appropriate Level: Budget Authority ...... 3,136,721 n.a. Outlays ...... 3,131,688 n a. Revenues ...... 2,490,936 31,171,521 Current Level: Budget Authority ...... 3,314,353 n.a. Outlays ...... 3,244,451 n.a. Revenues ...... 2,503,102 31,096,088 Current Level over (+)/under (¥) Appropriate Level: Budget Authority ...... +177,632 n.a. Outlays ...... +112,763 n.a. Revenues ...... +12,166 ¥75,433 n.a. = Not applicable because annual appropriations Acts for fiscal years 2020 through 2027 will not be considered until future sessions of Congress. 1 The FY2018 Concurrent Resolution on the Budget was agreed to in H. Con. Res 71.

TABLE 2—DIRECT SPENDING LEGISLATION, COMPARISON OF AUTHORIZING COMMITTEE LEGISLATIVE ACTION WITH 302(a) ALLOCATIONS FOR BUDGET CHANGES REFLECTING ACTION COMPLETED AS OF FEBRUARY 23, 2018 [Fiscal years, in millions of dollars]

2018 2018–2027 House Committee BA Outlays BA Outlays

Agriculture: 302(a) Allocation ...... ¥2,243 ¥1,991 ¥209,852 ¥206,919 Legislative Action ...... +55 +55 +1,282 +1,369 Difference ...... +2,298 +2,046 +211,134 +208,288 Armed Services: 302(a) Allocation ...... ¥1,651 ¥1,485 ¥32,949 ¥32,601 Legislative Action ...... ¥78 ¥69 ¥1,142 ¥1,082 Difference ...... +1,573 +1,416 +31,807 +31,519 Education and the Workforce: 302(a) Allocation ...... ¥16,809 ¥9,799 ¥353,852 ¥326,214 Legislative Action ...... 0 0 0 0 Difference ...... +16,809 +9,799 +353,852 +326,214 Energy and Commerce: 302(a) Allocation ...... 7,805 ¥24,661 ¥1,652,820 ¥1,656,131 Legislative Action ...... +22,268 +5,408 ¥70,992 ¥140,028 Difference ...... +14,463 +30,069 +1,581,828 +1,516,103 Financial Services: 302(a) Allocation ...... ¥10,980 ¥10,695 ¥124,012 ¥123,666 Legislative Action ...... 0 0 0 0 Difference ...... +10,980 +10,695 +124,012 +123,666 Foreign Affairs: 302(a) Allocation ...... 0 0 0 0 Legislative Action ...... 0 0 0 0 Difference ...... 0 0 0 0 Homeland Security: 302(a) Allocation ...... ¥430 ¥193 ¥25,270 ¥24,689 Legislative Action ...... 0 0 ¥3,320 ¥3,320 Difference ...... +430 +193 +21,950 +21,369 House Administration: 302(a) Allocation ...... 0 0 0 0 Legislative Action ...... 0 0 0 0 Difference ...... 0 0 0 0 Judiciary: 302(a) Allocation ...... ¥16,098 ¥1,528 ¥67,078 ¥67,178 Legislative Action ...... 0 0 0 0 Difference ...... +16,098 +1,528 +67,078 +67,178 Natural Resources: 302(a) Allocation ...... ¥3,816 ¥3,171 ¥60,417 ¥59,302 Legislative Action ...... +75 +26 ¥379 ¥379 Difference ...... +3,891 +3,197 +60,038 +58,923 Oversight and Government Reform: 302(a) Allocation ...... ¥12,746 ¥12,746 ¥281,830 ¥281,706 Legislative Action ...... 0 0 0 0 Difference ...... +12,746 +12,746 +281,830 +281,706 Science, Space and Technology: 302(a) Allocation ...... 0 0 0 0 Legislative Action ...... 0 0 0 0 Difference ...... 0 0 0 0 Small Business: 302(a) Allocation ...... 0 0 0 0 Legislative Action ...... 0 0 0 0 Difference ...... 0 0 0 0 Transportation and Infrastructure: 302(a) Allocation ...... ¥241 ¥193 ¥122,290 ¥3,066 Legislative Action ...... ¥2 ¥2 ¥42 ¥42 Difference ...... +239 +191 +122,248 +3,024 Veterans’ Affairs: 302(a) Allocation ...... ¥748 ¥748 ¥49,022 ¥49,022 Legislative Action ...... +2,100 +1,050 +2,100 +2,100 Difference ...... +2,848 +1,798 +51,122 +51,122 Ways and Means: 302(a) Allocation ...... ¥19,499 ¥19,108 ¥800,344 ¥799,687 Legislative Action ...... ¥8,233 ¥8,584 ¥102,388 ¥87,522 Difference ...... +11,266 +10,524 +697,956 +712,165

VerDate Sep 11 2014 05:25 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.026 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1439 TABLE 3—DISCRETIONARY APPROPRIATIONS FOR FISCAL YEAR 2018–COMPARISON OF CURRENT STATUS WITH APPROPRIATIONS COMMITTEE 302(a) ALLOCATION AND APPROPRIATIONS SUBCOMMITTEE 302(b) SUB ALLOCATIONS AS OF FEBRUARY 23, 2018 [Figures in Millions] 1

Allocations 302(b) for Current Status Current Status General Purpose GWOT GWOT General Purpose 1 GWOT less 302(b) less 302(b) BA OT BA OT BA OT BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... n.a. n.a. n.a. n.a. 20,001 21,459 0 0 n.a. n.a. n.a. n.a. Commerce, Justice, Science ...... n.a. n.a. n.a. n.a. 53,935 64,318 0 0 n.a. n.a. n.a. n.a. Defense ...... n.a. n.a. n.a. n.a. 584,169 553,725 75,112 39,395 n.a. n.a. n.a. n.a. Energy and Water Development...... n.a. n.a. n.a. n.a. 37,562 38,915 0 0 n.a. n.a. n.a. n.a. Financial Services and General Government ...... n.a. n.a. n.a. n.a. 20,230 22,384 0 0 n.a. n.a. n.a. n.a. Homeland Security...... n.a. n.a. n.a. n.a. 51,989 48,687 0 0 n.a. n.a. n.a. n.a. Interior, Environment...... n.a. n.a. n.a. n.a. 31,442 32,090 0 0 n.a. n.a. n.a. n.a. Labor, Health and Human Services, Education ...... n.a. n.a. n.a. n.a. 157,936 168,354 0 0 n.a. n.a. n.a. n.a. Legislative Branch...... n.a. n.a. n.a. n.a. 3,580 3,697 0 0 n.a. n.a. n.a. n.a. Military Construction and Veterans Affairs ...... n.a. n.a. n.a. n.a. 88,166 84,593 638 6 n.a. n.a. n.a. n.a. State, Foreign Operations ...... n.a. n.a. n.a. n.a. 34,469 45,194 12,019 4,725 n.a. n.a. n.a. n.a. Transportation, Housing & Urban Development ...... n.a. n.a. n.a. n.a. 56,512 120,914 0 0 n.a. n.a. n.a. n.a. Full Committee Allowance...... n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. n.a. Total ...... 1,064,806 1,167,885 76,591 43,121 1,139,991 1,204,330 87,769 44,126 +75,185 +36,445 +11,178 +1,005 General Purpose GWOT Comparison of Total Appropriations and 302(a) allocation BA OT BA OT

302(a) Allocation ...... 1,064,806 1,167,885 76,591 43,121 Total Appropriations ...... 1,139,991 1,204,330 87,769 44,126 Total Appropriations vs 302(a) Allocation ...... +75,185 +36,445 +11,178 +1,005 Memorandum Amounts Emergency Disaster Program Assumed in 302(b) Requirements Funding Integrity Spending in Excess of Base Budget Control Act Caps for Sec 251(b) Designated Categories BA OT BA OT BA OT BA OT

Agriculture, Rural Development, FDA ...... n.a. n.a. 4,868 3,125 0 0 0 0 Commerce, Justice, Science ...... n.a. n.a. 1,199 328 0 0 0 0 Defense ...... n.a. n.a. 4,921 1,087 0 0 0 0 Energy and Water Development ...... n.a. n.a. 17,420 411 0 0 0 0 Financial Services and General Government ...... n.a. n.a. 1,786 1,310 0 0 0 0 Homeland Security ...... n.a. n.a. 59,323 21,709 6,793 340 0 0 Interior, Environment ...... n.a. n.a. 1,278 920 0 0 0 0 Labor, Health and Human Services, Education ...... n.a. n.a. 3,987 1,762 0 0 1,896 1,576 Legislative Branch ...... n.a. n.a. 14 11 0 0 0 0 Military Construction and Veterans Affairs ...... n.a. n.a. 1,014 66 0 0 0 0 State, Foreign Operations ...... n.a. n.a. 0 3 0 0 0 0 Transportation, Housing & Urban Development ...... n.a. n.a. 29,829 921 0 0 0 0 Totals ...... 0 0 125,639 31,653 6,793 340 1,896 1,576 1 Spending designated as emergency is not included in the current status of appropriations shown in this table. TABLE 4—CURRENT LEVEL OF FY 2018 CHIMPS SUBJECT TABLE 5—2019 ADVANCE APPROPRIATIONS PURSUANT TO U.S. CONGRESS, TO H. CON. RES. 71, SECTION 5103 LIMITS (IN MIL- SECTION 5104 OF H. CON. RES. 71 AS OF FEBRUARY CONGRESSIONAL BUDGET OFFICE, LIONS) AS OF FEBRUARY 23, 2018 23, 2018—Continued Washington, DC, February 27, 2018. Hon. STEVE WOMACK, [Budget Authority, millions] Chairman, Committee on the Budget, Appropriations Bill Budget Authority Veterans Accounts Identified for Advance Appropriations 2019 House of Representatives, Washington, DC. DEAR MR. CHAIRMAN: The enclosed report Agriculture, Rural Development, FDA ...... 0 Enacted Advances: Commerce, Justice, Science ...... 0 Accounts Identified for Advances: shows the effects of Congressional action on Defense ...... 0 Department of Veterans Affairs Energy and Water Development ...... 0 Veterans Medical Services ...... 0 the fiscal year 2018 budget and is current Financial Services and General Government ...... 0 Veterans Medical Support and Compliance ...... 0 through February 23, 2018. This report is sub- Homeland Security ...... 0 Veterans Medical Facilities ...... 0 mitted under section 308(b) and in aid of sec- Interior, Environment ...... 0 Veterans Medical Community Care ...... 0 Subtotal, enacted advances ...... 0 tion 311 of the Congressional Budget Act, as Labor, Health and Human Services, Education ...... 0 ¥ Legislative Branch ...... 0 Enacted Advances vs. Section 601(d)(1) Limit ...... 70,699 amended. Military Construction and Veterans Affairs ...... 0 Accounts Identified for Advance Appropriations 2019 State, Foreign Operations ...... 0 The estimates of budget authority, out- Transportation, Housing & Urban Development ...... 0 Appropriate Level ...... 28,852 lays, and revenues are consistent with the Enacted Advances: Total CHIMP’s Subject to Limit ...... 0 Accounts Identified for Advances: technical and economic assumptions of H. H. Con. Res.71, Section 5103 Limit for FY 2018 ...... 19,100 Employment and Training Administration ...... 0 Con. Res. 71, the Concurrent Resolution on Total CHIMP’s vs. Limit ...... ¥19,100 Education for the Disadvantaged ...... 0 School Improvement ...... 0 the Budget for Fiscal Year 2018. Special Education ...... 0 This is CBO’s first current level report for TABLE 5—2019 ADVANCE APPROPRIATIONS PURSUANT TO Career, Technical and Adult Education ...... 0 Tenant-based Rental Assistance ...... 0 fiscal year 2018. SECTION 5104 OF H. CON. RES. 71 AS OF FEBRUARY Project-based Rental Assistance ...... 0 Sincerely, Subtotal, enacted advances 1 ...... 0 23, 2018 Enacted Advances vs. Section 601(d)(2) Limit ...... ¥28,852 KEITH HALL, [Budget Authority, millions] Director. Previously Enacted Advance Appropriations 2019 Enclosure. Veterans Accounts Identified for Advance Appropriations 2019 Corporation for Public Broadcasting ...... 445 Total, enacted advances ...... 445 Appropriate Level ...... 70,699 FISCAL YEAR 2018 HOUSE CURRENT LEVEL REPORT THROUGH FEBRUARY 23, 2018 [In millions of dollars]

Budget authority Outlays Revenues

Previously Enacted abc Revenues ...... n.a. n.a. 2,658,139 Permanents and other spending legislation ...... 2,070,788 1,985,384 n.a. Appropriation legislation ...... 0 513,307 n.a. Offsetting receipts ...... ¥866,685 ¥866,685 n.a.

Total, Previously Enacted ...... 1,204.103 1,632,006 2,658,139 Enacted Legislation b National Defense Authorization Act for Fiscal Year 2018 (P.L. 115–91) ...... ¥33 ¥24 0 CHIP and Public Health Funding Extension Act (P.L. 115–96, Division C) ...... 705 205 0 An act to amend the Homeland Security Act of 2002 . . . and for other purposes (P.L. 115–96, Division D) ...... 2,100 1,050 0 An act to provide for reconciliation pursuant to title II and V of the concurrent resolution on the budget for fiscal year 2018 (P.L. 115–97) ...... ¥8,600 ¥8,600 ¥143,800

VerDate Sep 11 2014 05:31 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.029 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H1440 CONGRESSIONAL RECORD — HOUSE March 6, 2018 FISCAL YEAR 2018 HOUSE CURRENT LEVEL REPORT THROUGH FEBRUARY 23, 2018—Continued [In millions of dollars]

Budget authority Outlays Revenues

An act making further continuing appropriations for the fiscal year ending September 30, 2018, and for other purposes (P.L. 115–120, Divisions C and D) ...... 14,509 1,203 ¥1,263 Bipartisan Budget Act of 2018 (P.L. 115–123, Divisions A and C–G) d ...... 7,504 4,050 ¥9,974 Further Extension of Continuing Appropriations Act 2018 (P.L. 115–123, Division B, Subdivision 3) d ...... ¥315 ¥315 0 Total, Enacted Legislation ...... 15,870 ¥2,431 ¥155,037 Continuing Resolution cd Further Extension of Continuing Appropriations Act, 2018 (P.L. 115–123, Division B, Subdivision 3) ...... 1,085,570 627,733 0 Entitlements and Mandatories Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 1,008,810 987,143 0 Total Current Level ce ...... 3,314,353 3,244,451 2,503,102 Total House Resolution ...... 3,136,721 3,131,688 2,490,936 Current Level Over House Resolution ...... 177,632 112,763 12,166 Current Level Under House Resolution ...... n.a. n.a. n.a. Memorandum Revenues, 2018–2027 House Current Level ...... n.a. n.a. 31,096,088 House Resolution ...... n.a. n.a. 31,171,521 Current Level Over House Resolution ...... n.a. n.a. n.a. Current Level Under House Resolution ...... n.a. n.a. 75,433 Source Congressional Budget Office. Notes: n.a. = not applicable, P.L. = Public Law. a Includes the budgetary effects of the following acts that affect budget authority, outlays, or revenues and were cleared by the Congress during the 1st session of the 115th Congress, but before the adoption of H. Con. Res. 71, the concurrent resolution on the budget for fiscal year 2018 the VA Choice and Quality Employment Act of 2017 (P.L. 115–46); the Harry W. Colmery Veterans Educational Assistance Act of 2017 (P.L. 115–48); a joint resolution granting the consent and approval of Congress for the Commonwealth of Virginia, the State of Maryland, and the District of Columbia to enter into a compact relating to the establishment of the Washington Metrorail Safety Commission (P.L. 115–54); the Continuing Appropriations Act 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (P.L. 115–56); the Emergency Aid to American Survivors of Hurricanes Irma and Jose Overseas Act (P.L. 115–57); the De- partment of Veterans Affairs Expiring Authorities Act of 2017 (P.L. 115–62); the Disaster Tax Relief and Airport and Airway Extension Act of 2017 (P.L. 115–63); the Hurricanes Harvey, Irma, and Maria Education Relief Act of 2017 (P.L. 115–64); and the Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (P.L. 115–72). b Pursuant to section 314(d) of the Congressional Budget and Impoundment Control Act of 1974 (Congressional Budget Act), amounts designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (Deficit Control Act) shall not count for purposes of Title III and Title IV of the Congressional Budget Act, and are excluded from current level totals In addition, emergency funding designated that was not designated pursuant to the Deficit Control Act does not count for certain budgetary enforcement purposes Those amounts, which are not included in the current level totals, are as follows: Budget authority Outlays Revenues Pursuant to Section 251(b)(2)(A) of the Deficit Control Act: Supplemental Appropriations for Disaster Relief Requirements Act 2017 (P.L. 115–56, Division B) ...... 0 3,406 0 Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (P.L. 115–72) ...... 36,517 16,256 0 Department of Defense Missile Defeat and Defense Enhancements Appropriations Act, 2018 (P.L. 115–96, Division B) ...... 4,686 803 0 Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 (P.L. 115–123, Division B, Subdivision 1) ...... 84,436 11,185 0 Subtotal, Deficit Control Act emergency requirements ...... 125,639 31,650 0 Other Emergency Requirements Disaster Tax Relief and Airport and Airway Extension Act of 2017 (P.L. 115–63) ...... 263 263 0 Bipartisan Budget Act, 2018 (P.L. 115–123, Division B, Subdivision 2) ...... 2,217 1,469 ¥509 Subtotal, other emergency requirements ...... 2,480 1,732 ¥509 Total, amounts designated as emergency requirements ...... 128,119 33,382 ¥509 c Pursuant to sections 1001–1004 of the 21st Century Cures Act (P.L. 114–255), certain funding provided to the Department of Health and Human Services—in particular the Food and Drug Administration and the National Institutes of Health—in 2017 through 2026 shall not count for the purposes of the Deficit Control Act or the Congressional Budget Act The amounts shown in this report do not include $866 million in budget authority and $706 million in estimated outlays from such amounts. d The Bipartisan Budget Act of 2018 (P.L. 115–123) contains seven divisions Division A, Subdivision 2 of Division B, and Divisions C–F contain authorizing legislation, of which the budgetary effects of Subdivision 2 of Division B were designated as being for emergency requirements. Subdivisions 1 and 3 of Division B contain appropriations legislation Subdivision 1 provided supplemental appropriations for fiscal year 2018 for disaster relief and designated those amounts as being for emergency requirements; Subdivision 3 provided continuing appropriations until March 23, 2018, while Section 158 provided authority, for the duration of fiscal year 2018, for the Secretary of Energy to draw down and sell crude oil from the Strategic Petroleum Reserve. Division G of P.L. 115–123 provided for the budgetary treatment of Divisions A–F. e For purposes of enforcing section 311 of the Congressional Budget Act in the House, the resolution, as approved by the House of Representatives, does not include budget authonty, outlays, or revenues for off-budget amounts. As a re- sult, current level does not include these items.

ENROLLED BILL SIGNED the Corporation’s 2017 Annual Report, pursu- and for other purposes; with an amendment ant to 12 U.S.C. 1827(a)(2); September 21, 1950, (Rept. 115–587, Pt. 1). Referred to the Com- Karen L. Haas, Clerk of the House, ch. 967, Sec. 2(17)(a) (as amended by Public mittee of the Whole House on the state of reported and found truly enrolled a bill Law 101-73, Sec. 220(a)); (103 Stat. 263) and 31 the Union. of the House of the following title, U.S.C. 1115(b); Public Law 111-352, Sec. 3; (124 Mr. HENSARLING: Committee on Finan- which was thereupon signed by the Stat. 3867); to the Committee on Oversight cial Services. H.R. 1116. A bill to require the Speaker: and Government Reform. Federal financial institutions regulatory agencies to take risk profiles and business H.R. 3656. An act to amend title 38, United 4182. A letter from the Assistant Secretary for Legislation, Department of Health and models of institutions into account when States Code, to provide for a consistent eligi- taking regulatory actions, and for other pur- bility date for provision of Department of Human Services, transmitting the Depart- ment’s report entitled, ‘‘Computation of An- poses (Rept. 115–588). Referred to the Com- Veterans Affairs memorial headstones and mittee of the Whole House on the state of markers for eligible spouses and dependent nual Liability Insurance (Including Self-In- surance), No-Fault Insurance, and Workers’ the Union. children of veterans whose remains are un- Mr. HENSARLING: Committee on Finan- available. Compensation Settlement Recovery Thresh- old’’, pursuant to 42 U.S.C. 1395y(b)(9)(D); cial Services. H.R. 4545. A bill to amend the f Aug. 14, 1935, ch. 531, title XVIII, Sec. Federal Financial Institutions Examination Council Act of 1978 to improve the examina- ADJOURNMENT 1862(b)(9)(D) (as added by Public Law 112-242, Sec. 202(a)(2)); (126 Stat. 2379); jointly to the tion of depository institutions, and for other Mr. KING of Iowa. Mr. Speaker, I Committees on Energy and Commerce and purposes (Rept. 115–589). Referred to the Ways and Means. Committee of the Whole House on the state move that the House do now adjourn. of the Union. The motion was agreed to; accord- f DISCHARGE OF COMMITTEE ingly (at 7 o’clock and 1 minute p.m.), REPORTS OF COMMITTEES ON Pursuant to clause 2 of rule XIII, the under its previous order, the House ad- PUBLIC BILLS AND RESOLUTIONS Committees on Transportation and In- journed until tomorrow, Wednesday, Under clause 2 of rule XIII, reports of frastructure and Oversight and Govern- March 7, 2018, at 10 a.m. for morning- ment Reform discharged from further hour debate. committees were delivered to the Clerk for printing and reference to the proper consideration. H.R. 4986 referred to the f calendar, as follows: Committee of the Whole House on the state of the Union. EXECUTIVE COMMUNICATIONS, Mr. WALDEN: Committee on Energy and ETC. Commerce. H.R. 4986. A bill to amend the f Under clause 2 of rule XIV, executive Communications Act of 1934 to reauthorize PUBLIC BILLS AND RESOLUTIONS appropriations for the Federal Communica- communications were taken from the tions Commission, to provide for certain pro- Under clause 2 of rule XII, public Speaker’s table and referred as follows: cedural changes to the rules of the Commis- bills and resolutions of the following 4181. A letter from the Chairman, Federal sion to maximize opportunities for public titles were introduced and severally re- Deposit Insurance Corporation, transmitting participation and efficient decisionmaking, ferred, as follows:

VerDate Sep 11 2014 05:25 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\A06MR7.035 H06MRPT1 rfrederick on DSKBCBPHB2PROD with HOUSE March 6, 2018 CONGRESSIONAL RECORD — HOUSE H1441 By Mr. TIPTON (for himself and Ms. By Mr. GALLEGO (for himself, Mr. TED CONSTITUTIONAL AUTHORITY KUSTER of New Hampshire): LIEU of California, Mr. RASKIN, Mr. STATEMENT H.R. 5171. A bill to amend the Omnibus BRENDAN F. BOYLE of Pennsylvania, Parks and Public Lands Management Act of Mrs. LAWRENCE, and Ms. JAYAPAL): Pursuant to clause 7 of rule XII of 1996 to provide for the establishment of a Ski H.R. 5182. A bill to require annual reports the Rules of the House of Representa- Area Fee Retention Account; to the Com- on funds expended by the Federal Govern- tives, the following statements are sub- mittee on Agriculture, and in addition to the ment with the Trump Organization, and for mitted regarding the specific powers Committee on Natural Resources, for a pe- other purposes; to the Committee on Over- granted to Congress in the Constitu- riod to be subsequently determined by the sight and Government Reform. tion to enact the accompanying bill or Speaker, in each case for consideration of ´ ´ By Miss GONZALEZ-COLON of Puerto joint resolution. such provisions as fall within the jurisdic- Rico (for herself, Mr. SOTO, and Mr. tion of the committee concerned. KING of New York): By Mr. TIPTON: By Mr. O’HALLERAN (for himself and H.R. 5183. A bill to amend the Internal Rev- H.R. 5171. Mr. PEARCE): enue Code of 1986 to apply the rules related Congress has the power to enact this legis- H.R. 5172. A bill to assist Indian tribes in to the treatment of certain qualified film lation pursuant to the following: Article IV, Section 3, ‘‘The Congress shall maintaining, expanding, and deploying and television and live theatrical produc- broadband systems; to the Committee on Ag- have power to dispose of and make all need- tions to Puerto Rico; to the Committee on riculture, and in addition to the Committee ful rules and regulations respecting the ter- Ways and Means. on Energy and Commerce, for a period to be ritory or other property belonging to the By Ms. MICHELLE LUJAN GRISHAM subsequently determined by the Speaker, in United States;’’ of New Mexico: each case for consideration of such provi- By Mr. O’HALLERAN: H.R. 5184. A bill to amend the Food Secu- sions as fall within the jurisdiction of the H.R. 5172. rity Act of 1985 to improve conservation committee concerned. Congress has the power to enact this legis- practice standards, and for other purposes; By Mr. CICILLINE (for himself, Mr. lation pursuant to the following: to the Committee on Agriculture. VALADAO, and Mr. COSTA): Article I, Section 8, Clause 18 By Mr. MEADOWS: H.R. 5173. A bill to include Portugal in the By Mr. CICILLINE: list of foreign states whose nationals are eli- H.R. 5185. A bill to make supplemental ap- H.R. 5173. gible for admission into the United States as propriations for the Cops in Schools program Congress has the power to enact this legis- E-1 and E-2 nonimmigrants if United States for fiscal year 2018; to the Committee on Ap- lation pursuant to the following: nationals are treated similarly by the Gov- propriations. Article 1, Section 8 ernment of Portugal; to the Committee on By Mr. MEADOWS: By Mr. WALBERG: the Judiciary. H.R. 5186. A bill to amend the definition of H.R. 5174. By Mr. WALBERG (for himself and Mr. a school resource officer to include certain Congress has the power to enact this legis- RUSH): veterans; to the Committee on the Judiciary, lation pursuant to the following: H.R. 5174. A bill to amend the Department and in addition to the Committee on Edu- Article I, Section 8, Clause 3 of the U.S. of Energy Organization Act with respect to cation and the Workforce, for a period to be Constitution, which gives Congress the functions assigned to Assistant Secretaries, subsequently determined by the Speaker, in power to ‘‘regulate commerce with foreign and for other purposes; to the Committee on each case for consideration of such provi- nations, and among the several states, and Energy and Commerce. sions as fall within the jurisdiction of the with the Indian tribes.’’ By Mr. UPTON (for himself and Mr. committee concerned. By Mr. UPTON: LOEBSACK): By Mr. WALKER (for himself, Mr. H.R. 5175. H.R. 5175. A bill to require the Secretary of BUTTERFIELD, Mr. HOLDING, Mr. Congress has the power to enact this legis- Energy to carry out a program relating to JONES, Mr. PRICE of North Carolina, lation pursuant to the following: physical security and cybersecurity for pipe- Ms. FOXX, Mr. HUDSON, Mr. Article 1, Section 8, Clause 3 of the U.S. lines and liquefied natural gas facilities; to PITTENGER, Mr. MCHENRY, Mr. MEAD- Constitution, which gives Congress the the Committee on Energy and Commerce. OWS, and Mr. BUDD): power to ‘‘regulate commerce with foreign By Mr. MCKINLEY (for himself and Mr. H.R. 5187. A bill to designate the facility of nations, and among the several states, and MICHAEL F. DOYLE of Pennsylvania): the United States Postal Service located at with the Indian tribes.’’ H.R. 5176. A bill to require the Secretary of 1585 Yanceyville Street, Greensboro, North By Mr. MCKINLEY: Health and Human Services to provide co- Carolina, as the ‘‘J. Howard Coble Post Of- H.R. 5176. ordinated care to patients who have experi- fice Building’’; to the Committee on Over- Congress has the power to enact this legis- enced a non-fatal overdose after emergency sight and Government Reform. lation pursuant to the following: room discharge, and for other purposes; to By Mr. WALZ: Article I, Section 8, Clause 3: Congress the Committee on Energy and Commerce. H.R. 5188. A bill to amend the Food Secu- shall have the Power . . . ‘‘to regulate Com- By Mr. KNIGHT (for himself and Mrs. rity Act of 1985 with respect to land steward- merce with foreign Nations, and among the MURPHY of Florida): ship, and for other purposes; to the Com- H.R. 5177. A bill to amend title 10, United several States, and with the Indian tribes.’’ mittee on Agriculture. States Code, to authorize the Secretary of By Mr. KNIGHT: By Mr. CROWLEY: Defense, in awarding a contract for the pro- H.R. 5177. curement of goods or services, to give a pref- H. Res. 764. A resolution electing Members Congress has the power to enact this legis- erence to offerors that employ veterans, and to a certain standing committee of the lation pursuant to the following: for other purposes; to the Committee on House of Representatives; considered and Article I, Section 8, Clause 3 Armed Services. agreed to. considered and agreed to. and ´ By Ms. BASS (for herself, Ms. Artile I, Section 8, Clause 18 By Ms. VELAZQUEZ: ´ H.R. 5178. A bill to amend the Small Busi- BONAMICI, Mr. KING of New York, Ms. By Ms. VELAZQUEZ: ness Act to provide for small business con- SCHAKOWSKY, and Ms. MATSUI): H.R. 5178. cerns located in Puerto Rico, and for other H. Res. 765. A resolution expressing support Congress has the power to enact this legis- purposes; to the Committee on Small Busi- for the designation of May 15, 2018, as ‘‘Na- lation pursuant to the following: ness. tional Senior Fraud Awareness Day’’ to raise Article I, Section 8, Clause 3 By Ms. BARRAGA´ N: awareness about the barrage of fraud at- The Congress shall have Power * * * To H.R. 5179. A bill to direct the Secretary of tempts that seniors face, to encourage the regulate Commerce with foreign Nations, Homeland Security to coordinate a National implementation of policies to prevent these and among the several States, and with the Cyber Hacking Competition for high school scams from happening, and to improve pro- Indian Tribes. students, and for other purposes; to the Com- tections from these scams for seniors; to the By Ms. BARRAGA´ N: mittee on Education and the Workforce. Committee on Energy and Commerce. H.R. 5179. By Ms. DELAURO (for herself and Ms. Congress has the power to enact this legis- lation pursuant to the following: CLARK of Massachusetts): f H.R. 5180. A bill to amend the Fair Labor Article I Section 1 of the U.S. Constitution Standards Act of 1938 to provide protections ‘‘All legislative powers herein granted for emloyees receving tips, and for other pur- PRIVATE BILLS AND shall be vested in a Congress of the United poses; to the Committee on Education and RESOLUTIONS States, which shall consist of a Senate and the Workforce. House of Representatives.’’ By Mr. FASO: Under clause 3 of rule XII, By Ms. DELAURO: H.R. 5181. A bill to require certain licens- Mr. SCHNEIDER introduced a bill (H.R. H.R. 5180. ees under the Federal Power Act make an- 5189) to authorize the President to award the Congress has the power to enact this legis- nual payments to the county in which a li- Medal of Honor to Francis E. Normoyle for lation pursuant to the following: censed hydropower facility is located, and acts of valor during the Korean War while a Article I, Section 8, Clause 3 of the United for other purposes; to the Committee on En- member of the Navy; which was referred to States Constitution and Article I, Section 8, ergy and Commerce. the Committee on Armed Services. Clause 1 of the United States Constitution.

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By Mr. FASO: By Mr. SCHNEIDER: H.R. 3867: Mr. MCGOVERN. H.R. 5181. H.R. 5189. H.R. 3871: Mr. KATKO. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 3889: Mr. CULBERSON. lation pursuant to the following: lation pursuant to the following: H.R. 4052: Mr. BRADY of Pennsylvania. According to Article I, Section 8 of the Article I, Section 8. H.R. 4058: Mr. RODNEY DAVIS of Illinois. United States Constitution f H.R. 4090: Mr. ROKITA. By Mr. GALLEGO: H.R. 4099: Ms. JUDY CHU of California, Mr. H.R. 5182. ADDITIONAL SPONSORS SMITH of Washington, Mr. SESSIONS, Mr. Congress has the power to enact this legis- GOHMERT, and Mr. BYRNE. lation pursuant to the following: Under clause 7 of rule XII, sponsors were added to public bills and resolu- H.R. 4101: Ms. KUSTER of New Hampshire. Article I, Section 8, Clause 18 H.R. 4143: Mrs. TORRES. ´ ´ By Miss GONZALEZ-COLON of Puerto tions, as follows: H.R. 4177: Miss GONZA´ LEZ-COLO´ N of Puerto Rico: H.R. 22: Mr. PALAZZO and Mr. GAETZ. Rico. H.R. 5183. H.R. 103: Mr. DEFAZIO, Mrs. DEMINGS, Ms. H.R. 4198: Ms. JACKSON LEE, Mr. CUMMINGS, Congress has the power to enact this legis- MICHELLE LUJAN GRISHAM of New Mexico, Mr. CAPUANO, and Ms. KUSTER of New Hamp- lation pursuant to the following: Mr. GONZALEZ of Texas, Mr. DONOVAN, and shire. The Congress has the power to enact this Mr. PETERSON. H.R. 4223: Mr. DENT. legislation pursuant to Article I, Section 8, H.R. 299: Mr. COLLINS of New York. H.R. 4238: Mr. WILSON of South Carolina. Clauses 1, 3, and 18 of the U.S. Constitution, H.R. 350: Mr. YOUNG of Iowa. H.R. 4245: Mr. LAMBORN. which provide as follows: H.R. 362: Mr. KHANNA. H.R. 4265: Mr. SCHWEIKERT and Mr. MEE- The Congress shall have Power To lay and H.R. 394: Mr. DUNCAN of South Carolina. HAN. collect Taxes, Duties, Imposts and Excises, H.R. 440: Mr. GAETZ. H.R. 4373: Mr. MOONEY of West Virginia. to pay the Debts and provide for the common H.R. 681: Mr. WEBSTER of Florida. H.R. 4444: Ms. TSONGAS and Mr. SCHNEIDER. Defence and general Welfare of the United H.R. 807: Mr. ESPAILLAT. H.R. 4471: Mr. DIAZ-BALART. States; but all Duties, Imposts and Excises H.R. 809: Mr. BILIRAKIS, Mr. WELCH, and H.R. 4486: Mr. CHABOT. shall be uniform throughout the United Mr. LAMALFA. H.R. 4489: Mr. WALZ. States; [. . .] H.R. 881: Mr. THORNBERRY and Mr. H.R. 4527: Ms. TITUS. To regulate Commerce with foreign Na- SWALWELL of California. H.R. 4573: Mr. HASTINGS, Mr. KEATING, Ms. tions, and among the several States, and H.R. 911: Mr. NOLAN and Mr. HIGGINS of JACKSON LEE, Mr. SCOTT of Virginia, and Mr. with the Indian Tribes; [. . .]—And New York. RUIZ. To make all laws which shall be necessary H.R. 930: Miss GONZA´ LEZ-COLO´ N of Puerto H.R. 4575: Mr. MESSER, Mr. MARCHANT, and and proper for carrying into Execution the Rico, Mr. PANETTA, Mr. LEWIS of Minnesota, Mr. ROKITA. foregoing Powers, and all other Powers vest- Ms. BARRAGA´ N, and Mr. PERLMUTTER. H.R. 4635: Mrs. RADEWAGEN. ed by this Constitution in the Government of H.R. 1120: Ms. SHEA-PORTER and Mrs. WAT- H.R. 4659: Mr. CONAWAY and Mr. PETERSON. the United States, or in any Department or SON COLEMAN. H.R. 4677: Mr. RYAN of Ohio. Officer thereof H.R. 1156: Mr. DUFFY. H.R. 4681: Mr. MOONEY of West Virginia. Moreover, the Congress has the power to H.R. 1223: Ms. MICHELLE LUJAN GRISHAM of H.R. 4703: Mr. GAETZ. enact this legislation pursuant to Article IV, New Mexico. H.R. 4706: Mr. TIPTON. Section 3, which provides, in relevant part, H.R. 1276: Mr. GOMEZ, Mr. BROWN of Mary- H.R. 4720: Mr. MARSHALL, Mr. BOST, and as follows: land, Mr. THOMPSON of California, Mr. Mr. VALADAO. The Congress shall have Power to dispose LOWENTHAL, and Mrs. NAPOLITANO. H.R. 4732: Mr. DUNCAN of Tennessee, Mr. of and make all needful Rules and Regula- H.R. 1439: Mr. HIMES. JOHNSON of Georgia, Mr. GRIJALVA, and Mr. tions respecting the Territory or other Prop- H.R. 1484: Ms. LEE. BUTTERFIELD. erty belonging to the United States; and H.R. 1615: Mr. PETERS, Miss RICE of New H.R. 4747: Mr. FRANCIS ROONEY of Florida. nothing in this Constitution shall be so con- York, and Mr. BEN RAY LUJA´ N of New Mex- H.R. 4772: Mr. PAULSEN. strued as to Prejudice any Claims of the ico. H.R. 4779: Mr. JOYCE of Ohio. United States, or of any particular State. H.R. 1683: Mr. MARSHALL. H.R. 4800: Mr. CURBELO of Florida and Mr. By Ms. MICHELLE LUJAN GRISHAM H.R. 1697: Mr. CURTIS, Mr. YOHO, Ms. JACK- STIVERS. of New Mexico: SON LEE, Mr. TIPTON, and Mr. MEADOWS. H.R. 4808: Mr. DESANTIS. H.R. 5184. H.R. 1734: Mr. BARR and Mr. MAST. H.R. 4811: Mr. O’HALLERAN, Mr. CORREA, Congress has the power to enact this legis- H.R. 1772: Mr. MAST. Ms. JAYAPAL, Mr. CRIST, Mr. BERA, Mr. TED lation pursuant to the following: H.R. 1828: Mr. ROKITA. Article I, Section 8, Clause 18 of the United LIEU of California, Ms. KELLY of Illinois, and H.R. 1904: Mr. ROKITA. States Constitution Mr. NADLER. H.R. 1905: Mr. CRIST. By Mr. MEADOWS: H.R. 4821: Mr. ROSS and Mr. SMITH of New H.R. 5185. H.R. 1972: Mr. MARSHALL and Mr. BOST. Jersey. Congress has the power to enact this legis- H.R. 2044: Ms. KELLY of Illinois. H.R. 4828: Mr. PETERSON, Ms. SINEMA, and lation pursuant to the following: H.R. 2069: Mr. CARSON of Indiana and Mr. Mr. NUNES. Article 1, Section 8, Clause I states, ‘‘The DAVIDSON. H.R. 4841: Mrs. WALORSKI, Mr. MARSHALL, Congress shall have Power To . . . provide H.R. 2259: Ms. MCCOLLUM. and Mr. ROKITA. for the common Defence and general Welfare H.R. 2285: Mr. CRAMER. H.R. 4846: Ms. TITUS, Mr. KIHUEN, Mr. of the United States. . . .’’ H.R. 2358: Ms. SPEIER and Mr. MOULTON. SCOTT of Virginia, Mr. SMITH of New Jersey, By Mr. MEADOWS: H.R. 2452: Mr. CAPUANO and Mr. KENNEDY. and Ms. WASSERMAN SCHULTZ. H.R. 5186. H.R. 2803: Ms. LOFGREN. H.R. 4878: Mr. RUSH and Mr. PETERSON. Congress has the power to enact this legis- H.R. 2856: Mr. SUOZZI. H.R. 4886: Mr. ROE of Tennessee and Mr. lation pursuant to the following: H.R. 2886: Ms. JACKSON LEE. ROKITA. Aritice 1, Section 8, Clause I states, ‘‘The H.R. 3207: Ms. BROWNLEY of California, Mr. H.R. 4888: Ms. TSONGAS. Congress shall have Power To . . . provide CAPUANO, Ms. CLARK of Massachusetts, Mr. H.R. 4909: Mr. MITCHELL, Mr. BLUM, Mr. for the common Defense and general Welfare COHEN, Mr. DEFAZIO, Ms. DELBENE, Mr. DOG- COLE, Ms. TENNEY, Mr. TIPTON, Ms. of the United States . . .’’ And; Article 1, GETT, Ms. NORTON, Mr. KHANNA, Mr. KING of MCSALLY, Mrs. HANDEL, Mr. BISHOP of Michi- Section 8, Clause 18 states, ‘‘The Congress New York, Ms. LOFGREN, Mrs. CAROLYN B. gan, Mr. TAYLOR, Mr. FASO, Mr. UPTON, Mr. shall have Power To . . . make all Laws MALONEY of New York, Mr. O’ROURKE, Miss NEWHOUSE, Mrs. BROOKS of Indiana, Ms. which shall be necessary and proper for car- RICE of New York, Mr. RUIZ, Ms. SPEIER, Mr. SINEMA, Mr. KHANNA, and Mr. LOBIONDO. rying into Execution the foregoing Powers, VISCLOSKY, Ms. WILSON of Florida, Mr. H.R. 4910: Mr. SCALISE. and all other Powers vested by this Constitu- ESPAILLAT, Mrs. NAPOLITANO, and Mr. NAD- H.R. 4912: Ms. BONAMICI. tion in the Government of the United States, LER. H.R. 4916: Mr. SMITH of Missouri and Mr. or in any Department or Officer thereof.’’ H.R. 3391: Mr. ROE of Tennessee. BARLETTA. By Mr. WALKER: H.R. 3497: Mr. MEADOWS and Mr. LAMBORN. H.R. 4932: Ms. HANABUSA, Mr. GUTIE´ RREZ, H.R. 5187. H.R. 3592: Mr. RUSH. and Mr. ESPAILLAT. Congress has the power to enact this legis- H.R. 3611: Mrs. LOVE. H.R. 4940: Mr. KING of New York. lation pursuant to the following: H.R. 3613: Mrs. DEMINGS and Ms. JAYAPAL. H.R. 4944: Ms. SA´ NCHEZ. Article 1, Section 8, Clause 7: To establish H.R. 3637: Mr. MOULTON. H.R. 4995: Ms. JAYAPAL. post offices and post roads. H.R. 3641: Mr. GROTHMAN. H.R. 5002: Mr. WELCH. By Mr. WALZ: H.R. 3681: Mr. LARSON of Connecticut, Ms. H.R. 5006: Mr. ROE of Tennessee. H.R. 5188. ROSEN, and Mrs. BROOKS of Indiana. H.R. 5012: Mr. MITCHELL. Congress has the power to enact this legis- H.R. 3773: Mr. DEFAZIO. H.R. 5022: Mr. RODNEY DAVIS of Illinois. lation pursuant to the following: H.R. 3784: Ms. SEWELL of Alabama. H.R. 5031: Ms. STEFANIK and Mr. KILMER. This bill can be enacted pursuant to Arti- H.R. 3790: Mr. BARR, Mr. MACARTHUR, and H.R. 5042: Ms. ROSEN. cle I Section 8 Mr. FRANCIS ROONEY of Florida. H.R. 5062: Ms. SLAUGHTER.

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H.R. 5083: Mr. KENNEDY and Mr. HIGGINS of Mr. COHEN, Mr. CUMMINGS, Mr. DANNY K. land, Mr. BUTTERFIELD, Mr. CARSON of Indi- New York. DAVIS of Illinois, Mrs. DEMINGS, Mr. MICHAEL ana, Mr. CLAY, Ms. CLARKE of New York, Mr. H.R. 5085: Mr. AL GREEN of Texas. F. DOYLE of Pennsylvania, Mr. ELLISON, Mr. CLEAVER, Mr. CLYBURN, Mr. COHEN, Mr. CUM- DDIE ERNICE OHNSON H.R. 5086: Ms. E B J of EVANS, Ms. FUDGE, Mr. GENE GREEN of Texas, MINGS, Mr. COSTA, Mr. DANNY K. DAVIS of Il- Texas. Mr. HASTINGS, Ms. JACKSON LEE, Ms. linois, Mrs. DEMINGS, Mr. DESAULNIER, Mr. H.R. 5104: Ms. BLUNT ROCHESTER and Mr. JAYAPAL, Mr. JEFFRIES, Ms. EDDIE BERNICE MICHAEL F. DOYLE of Pennsylvania, Mr. BISHOP of Georgia. JOHNSON of Texas, Mr. JOHNSON of Georgia, ELLISON, Mr. ESPAILLAT, Mr. EVANS, Mr. H.R. 5106: Mr. JOHNSON of Georgia, Ms. Ms. KELLY of Illinois, Mrs. LAWRENCE, Ms. GENE GREEN of Texas, Ms. FUDGE, Mr. HAS- WILSON of Florida, Mrs. CAROLYN B. MALO- LEE, Mr. LEWIS of Georgia, Mr. LOWENTHAL, TINGS, Mr. KHANNA, Mr. KIHUEN, Ms. KELLY NEY of New York, Mr. KIHUEN, Mr. CAPUANO, Mr. MCEACHIN, Mr. MEEKS, Ms. MOORE, Ms. of Illinois, Ms. JACKSON LEE, Ms. JAYAPAL, and Mr. DESAULNIER. NORTON, Mr. PAYNE, Ms. PLASKETT, Mr. RICH- H.R. 5116: Mr. GALLAGHER. Mr. JEFFRIES, Ms. EDDIE BERNICE JOHNSON of MOND, Mr. RUSH, Ms. SEWELL of Alabama, H.R. 5129: Mr. HULTGREN. OHNSON AWSON Mr. DAVID SCOTT of Georgia, Mr. SCOTT of Texas, Mr. J of Georgia, Mr. L H.R. 5132: Mr. FITZPATRICK, Mr. SHERMAN, Virginia, Mr. SMITH of Washington, Mr. of Florida, Mrs. LAWRENCE, Ms. LEE, Mr. Mr. SUOZZI, Mr. GOTTHEIMER, Ms. SINEMA, THOMPSON of Mississippi, Mr. VEASEY, Mrs. LEWIS of Georgia, Mrs. LOVE, Mr. Ms. WASSERMAN SCHULTZ, Mr. VARGAS, Mr. WATSON COLEMAN, Ms. MAXINE WATERS of LOWENTHAL, Mr. MCEACHIN, Mr. MEEKS, Ms. SCHNEIDER, Ms. GRANGER, Mr. CULBERSON, California, and Ms. WILSON of Florida. MOORE, Ms. NORTON, Mr. RICHMOND, Mr. Mrs. LOWEY, Mr. CICILLINE, Mr. SIRES, Mr. H. Res. 128: Mrs. WATSON COLEMAN, Ms. RUSH, Ms. SEWELL of Alabama, Mr. DAVID SCHIFF, Mr. DEUTCH, Mr. SMITH of Texas, Mr. JAYAPAL, and Mr. CLEAVER. SCOTT of Georgia, Mr. SCOTT of Virginia, Mr. YOUNG of Iowa, Mr. KEATING, Mr. SMITH of H. Res. 199: Mr. RUTHERFORD. SMITH of Washington, Mr. THOMPSON of Mis- New Jersey, Mr. BRENDAN F. BOYLE of Penn- H. Res. 257: Mr. VALADAO. sissippi, Mr. PAYNE, Ms. PLASKETT, Mr. sylvania, Mr. KILMER, Mr. HASTINGS, Mr. H. Res. 344: Mr. MACARTHUR. VEASEY, Mrs. WATSON COLEMAN, Ms. MAXINE BARR, and Mr. FRANCIS ROONEY of Florida. H. Res. 361: Mr. HASTINGS. H.R. 5140: Mr. COLE. H. Res. 576: Mr. BISHOP of Utah and Mr. WATERS of California, and Ms. WILSON of H. Con. Res. 10: Mr. MCGOVERN. CURTIS. Florida. H. Con. Res. 108: Ms. ADAMS, Ms. H. Res. 632: Mr. MOONEY of West Virginia. H. Res. 760: Mr. DANNY K. DAVIS of Illinois, BARRAGA´ N, Ms. BASS, Mrs. BEATTY, Mr. H. Res. 697: Ms. JUDY CHU of California. Mr. RASKIN, and Miss RICE of New York. BISHOP of Georgia, Ms. BLUNT ROCHESTER, H. Res. 752: Mr. GRIJALVA. Mr. BROWN of Maryland, Mr. BUTTERFIELD, H. Res. 755: Ms. ADAMS, Ms. BARRAGA´ N, Ms. H. Res. 761: Ms. MATSUI, Mr. KHANNA, Mr. Mr. CARSON of Indiana, Ms. CLARKE of New BASS, Mrs. BEATTY, Mr. BISHOP of Georgia, LARSON of Connecticut, Mr. GRIJALVA, Ms. York, Mr. CLAY, Mr. CLEAVER, Mr. CLYBURN, Ms. BLUNT ROCHESTER, Mr. BROWN of Mary- JUDY CHU of California, and Mr. PANETTA.

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Vol. 164 WASHINGTON, TUESDAY, MARCH 6, 2018 No. 39 Senate The Senate met at 10 a.m. and was appoint the Honorable BEN SASSE, a Senator Since the day he arrived in this called to order by the Honorable BEN from the State of Nebraska, to perform the Chamber, THAD’s focus has been SASSE, a Senator from the State of Ne- duties of the Chair. squarely on serving the people of Mis- braska. ORRIN G. HATCH, sissippi with integrity. For nearly four President pro tempore. f decades, he has done exactly that, and Mr. SASSE thereupon assumed the he has earned the admiration and grat- PRAYER Chair as Acting President pro tempore. itude of countless friends and col- The Chaplain, Dr. Barry C. Black, of- f leagues along the way. fered the following prayer: Those of us here today are proud to RESERVATION OF LEADER TIME Let us pray. have had the privilege of working with O God, You are our refuge. Give us The ACTING PRESIDENT pro tem- Senator COCHRAN. His expertise as wisdom to live so we never disgrace pore. Under the previous order, the chairman of the Appropriations Com- Your Name. Provide our lawmakers leadership time is reserved. mittee will be sorely missed. So too with power and insight to accomplish f will be the collegiality, warmth, and Your will on Earth as they look to You grace that is so characteristic of the for help. Please become for them their CONCLUSION OF MORNING senior Senator from Mississippi. shade by day and defense by night. As BUSINESS But the Senate’s loss is THAD’s fam- they acknowledge that You alone are The ACTING PRESIDENT pro tem- ily’s gain. As we say our farewells over the source of their strength, surround pore. Morning business is closed. the next few weeks, I know all of our them with the shield of Your favor, and f colleagues will join me in wishing him direct their steps. every happiness in his next chapter. Lord, we also ask You to bring a spir- ECONOMIC GROWTH, REGULATORY Mr. President, on another matter, itual awakening to our Nation and RELIEF, AND CONSUMER PRO- the Senate will vote today to begin world, prompting people to experience TECTION ACT—MOTION TO PRO- consideration of S. 2155, the Economic the transformative power of Your CEED Growth, Regulatory Relief, and Con- mercy and grace. Arise, O God, and de- The ACTING PRESIDENT pro tem- sumer Protection Act. fend Your purposes in these grand and pore. Under the previous order, the This bill recognizes a simple truth: challenging times. Senate will resume consideration of Small community banks and Main We pray in Your great Name. Amen. the motion to proceed to S. 2155, which Street credit unions are not the same f the clerk will report. as the multitrillion-dollar banks on Wall Street. It is a simple enough ob- PLEDGE OF ALLEGIANCE The senior assistant legislative clerk read as follows: servation, I might add, but, at present, The Presiding Officer led the Pledge our laws fail to account for it. of Allegiance, as follows: Motion to proceed to Calendar No. 287, S. 2155, a bill to promote economic growth, pro- Since Washington imposed the Dodd- I pledge allegiance to the Flag of the vide tailored regulatory relief, and enhance Frank financial regulations back in United States of America, and to the Repub- consumer protections, and for other pur- 2010, small-scale lenders have been sub- lic for which it stands, one nation under God, poses. jected to a litany of new regulatory, indivisible, with liberty and justice for all. The ACTING PRESIDENT pro tem- compliance, and examiner demands f pore. Under the previous order, the that were designed with the country’s APPOINTMENT OF ACTING time until 11 a.m. will be equally di- largest banks in mind. Dodd-Frank’s PRESIDENT PRO TEMPORE vided between the two leaders or their enormous regulatory burden has been The PRESIDING OFFICER. The designees. inefficient and unhelpful for financial institutions of all sizes, but it has hit clerk will please read a communication RECOGNITION OF THE MAJORITY LEADER to the Senate from the President pro Main Street lenders especially hard. The majority leader is recognized. Many small banks have had to hire tempore (Mr. HATCH). RETIREMENT OF THAD COCHRAN additional staff and expend additional The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, yes- resources solely to deal with the stag- read the following letter: terday, the Senate learned that its gering compliance burden. According U.S. SENATE, quiet persuader will be leaving us after to a survey conducted last year, com- PRESIDENT PRO TEMPORE, a long and distinguished career. Sen- Washington, DC, March 6, 2018. munity bank compliance costs have To the Senate: ator THAD COCHRAN’s retirement will risen to an average of 24 percent of net Under the provisions of rule I, paragraph 3, mark the end of a tenure defined by income. Let me say that again. Com- of the Standing Rules of the Senate, I hereby steady, honorable leadership. munity bank compliance costs have

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

S1343

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VerDate Sep 11 2014 00:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.000 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1344 CONGRESSIONAL RECORD — SENATE March 6, 2018 risen to an average of 24 percent of net today’s expenses. Recent estimates months. I know the President and all income. suggest that two-thirds of Americans of us are concerned about manufac- This regulatory burden crowds out do not contribute to a 401(k). A lack of turing moving offshore because the the capital that is available to Amer- retirement savings can seem like an cost of doing business in some places ican families and small businesses, es- abstract concept for young workers, around the world is much lower than it pecially in rural communities. Accord- but for some senior citizens, it becomes is in the United States, but we should ing to researchers at the Harvard Ken- a harsh reality. While the poverty rate all be excited about the fact that nedy School, community banks provide for Americans under 65 has decreased 186,000 manufacturing jobs have been over 50 percent of all small business since 2015, it has increased among added in the last 12 months. loans and nearly 80 percent of agricul- those 65 and older. As I mentioned, consumer confidence tural loans. In Kentucky, for example, Tax reform is already helping remedy is now at its highest level since Novem- there are more than 100 community a part of the problem. Many companies ber 2000, and real disposable incomes banks and more than 20 credit unions. and small businesses alike have an- have seen their biggest gain since April Many of them are the only financial in- nounced plans to reinvest tax reform 2015. stitutions that are present in rural and savings in their employees’ retirement According to a National Federation underserved communities. accounts. Cigna is adding $30 million to of Independent Business survey, more But while Dodd-Frank supposedly its employee 401(k) program. Aflac is small businesses than ever now believe took aim at too big to fail, in the first doubling its 401(k) match for its 10,000 it is a good time to expand. This is a 4 years after it passed, the share of employees. In Kentucky, workers will very important part of the equation, U.S. deposits in small banks shrunk by benefit from increased or accelerated and I will say more about small busi- nearly a quarter. Deposits in small retirement contributions by major em- nesses in just a moment. banks shrunk by a quarter in the first ployers such as UPS, Brown-Forman, In Texas, where I am from, a survey 4 years of Dodd-Frank. That means less Anthem, and FedEx. of Houston businesses found that 2 out access to capital for young couples who As employers of all sizes continue of 3 companies there will increase hir- are looking to purchase their first following suit, more American families ing and wages, while nearly 9 out of 10 home, less credit for aspiring small will have more flexibility as they plan said they expected to see an increase in business owners who need help in turn- for the future. At the same time, of their revenue. The head economist of ing dreams into reality, and fewer op- course, lower tax rates are increasing the bank that conducted the survey tions for farmers and ranchers who are take-home pay, making it a little easi- didn’t waste any words, saying that hoping to expand. er to cover today’s expenses. More ‘‘something real is happening in the The bill before us this week will con- money in workers’ pockets for today economy.’’ I agree. The positive gains tinue to unwind the damage caused by and more money in their retirement from the Tax Cuts and Jobs Act are an administration and Democrat-run plans for tomorrow—all thanks to tax real and undeniable. Congress that kept its foot firmly on reform. Recently, my office heard from one of the brake of the American economy. I suggest the absence of a quorum. This is a modest but critical bill. By The ACTING PRESIDENT pro tem- my constituents by the name of Judy streamlining regulations, it will bring pore. The clerk will call the roll. Patton. Judy lives in Cleburne, TX, relief to the small financial institu- The senior assistant legislative clerk which is roughly an hour from Dallas, tions that have been hurt by Dodd- proceeded to call the roll. down U.S. Highway 67. Judy owns a Frank’s one-size-fits-all approach. Mr. CORNYN. Mr. President, I ask plumbing company called P&P. She In a certain respect, this bill is a per- unanimous consent that the order for said that her plumbing company will fect complement to tax reform—fur- the quorum call be rescinded. be giving both raises and bonuses to all ther expanding opportunities for Amer- The ACTING PRESIDENT pro tem- of its employees this year because of ican families, communities, and small pore. Without objection, it is so or- the Tax Cuts and Jobs Act, and she just businesses. It is the product of years of dered. wanted to let us know that she appre- work and a robust committee process. Mr. CORNYN. Mr. President, ever ciates what we are doing. It is also a truly bipartisan bill, co- since President Trump signed the Tax Well, all of us who have the honor of sponsored by an equal number of Re- Cuts and Jobs Act on December 22, we representing constituents here in the publicans and Democrats or Independ- have seen how one law can literally Senate hear from our constituents ents. Senators had and still have a transform the economic landscape from time to time, and they don’t al- wide diversity of views on Dodd-Frank, across the country. The New York ways give us an ‘‘attaboy’’ or words of but there is a widening agreement that Times has reported that there is a encouragement. Frequently they say we should not continue allowing this wave of optimism surging among job ‘‘Can’t you all do better’’ or ‘‘You have unintended consequence to wreak creators. done this, and I don’t like that much.’’ havoc on community banks and small Let me just footnote that the New So it is nice to hear from people like credit unions. I hope that soon we can York Times was certainly a skeptic as Judy the encouragement that she has turn that consensus into law. to what the impact of the Tax Cuts and given us for the Tax Cuts and Jobs Act. TAX REFORM Jobs Act would be, but they now report I can say, for my part, to Judy that we Mr. President, on one final matter, that a wave of optimism is surging are thrilled you decided to pay the sav- every day we hear more ways that tax among job creators. ings forward to other folks in the reform is immediately helping Amer- Since January 2017, 2.3 million jobs Cleburne area. Plumbers are a good ex- ican workers, job creators, and middle- have been added in the United States, ample of the untold stories on tax re- class families across our country, but and unemployment is at a 17-year low. form. this generational reform was not de- U.S. weekly jobless claims are at their Here in Washington, we are not al- signed to be a flash in the pan. We are lowest since 1969. Many people who ways conscious of the ripple effect—the already seeing ways it will continue to thought that stagnant growth and flat way in which the changes we have en- benefit hard-working Americans even wages were the new normal have been acted affect small businesses and indi- decades down the road. surprised—and maybe a better word is vidual lives. Judy reminds us of the Along with bonuses and wage in- ‘‘gratified’’—to see what the impact of positive impacts that are felt all over. creases, many of the 400-plus compa- this policy has been on their take- It is not just the big players, the For- nies that have announced enhanced home pay, on their confidence in their tune 500 companies with thousands of employee benefits are also signifi- future, and on investments and new employees and operations around the cantly expanding their contributions jobs. It is pretty exciting. In 2017, aver- world; it is small businesses like P&P to workers’ retirement savings ac- age unemployment rates decreased in in Cleburne, too, that are busy helping counts. 32 States according to the Bureau of out those small communities and mak- In recent years, tight budgets have Labor Statistics. ing lives better. Those examples are forced too many families to forgo in- Mr. President, 186,000 manufacturing just as important as those in the For- vesting for the future in order to cover jobs have been added over the last 12 tune 500.

VerDate Sep 11 2014 00:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.001 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1345 FIX NICS BILL and we have taken zero steps forward, opposition and have bipartisan support Mr. President, another issue I will even though the Fix NICS bill is now and they still don’t go anywhere. continue to be focused on concerns a cosponsored by 50 Senators on a bipar- The Dallas Morning News said the bill that I cosponsored with the junior tisan basis. The majority leader, a Re- bill ‘‘keeps deadly weapons away from Senator from Connecticut, Mr. MUR- publican, and the minority leader, a people already prohibited from owning PHY, called Fix NICS. The President, Democrat, are cosponsors of the bill. them.’’ The San Antonio Express News when we were over at the White House Senator MURPHY from Connecticut and calls Fix NICS a ‘‘relatively easy place last week, said: Well, maybe you need a Senator CORNYN from Texas—we are to start.’’ That would be wonderful if it better name for the bill. I had to ex- the principal cosponsors of the bill. We were true in the Senate. The Express plain that NICS was the National In- agree about very little in other areas of News calls the bill ‘‘narrow’’ and ‘‘nec- stant Criminal Background Check Sys- public policy, but we agree in this case essary.’’ tem and that we believed it was broken that this is simply too important of an I am not suggesting it is a panacea, and needed to be fixed; hence the name issue and that we really need to dem- but why don’t we want to take the first ‘‘Fix NICS.’’ But I take the President’s onstrate our competence and to try to step in the direction of passing legisla- point—maybe we ought to do a better regain the public’s confidence in our tion, which essentially enforces exist- job branding what it is we are selling ability to actually function in a way ing law and one that will save lives? here, and what we are selling is some- that will save lives in the future. If the shooter at Sutherland Springs thing vitally important that will save Well, unfortunately, much like the had run into the FBI background check lives. DACA debate, people want to make system in the Air Force, in that case, The Fix NICS bill will fix holes in the this bill a Christmas tree, trying to and they uploaded his felony convic- background check system that is uti- decorate it with other legislative orna- tion as well as his conviction for do- lized when firearms are purchased by ments that look nice to their political mestic violence, where he fractured the individuals in the United States. As we base but stand no chance of passing skull of his infant stepson—if they had know, when you go buy a gun at a gun this body or the House. I think we have uploaded that information into the store, there is a background check that to call that what it is—political pos- background check system, he would has to be conducted. That is current turing. It is not about getting a result. not have been able to legally purchase law. When federally licensed firearm It is not about passing a bill that will a firearm, but he did purchase those dealers like McBride’s Guns, Inc., in actually improve the background firearms, and he used them to walk Austin, TX, that I patronize—when you check system to prevent people like around a little Baptist Church in Suth- go in to buy a new shotgun to go bird the shooter at Sutherland Springs, for erland Springs one Sunday morning hunting or something like that, they example, from actually purchasing a when people were worshiping inside. He will run a background check. Of course firearm by lying on the background didn’t go inside at first. He shot they ask you to answer the questions, check. through the wall. It wasn’t a stone but the problem we discovered in Suth- Thankfully, Andrew Pollack sees all building. It wasn’t a brick building. It erland Springs is that not everybody is this with clear eyes. He has said to me was made out of wood. It was a simple performing their responsibility and and Senator RUBIO that we need to little Baptist Church in Sutherland uploading the information that would focus on what is achievable. He, him- Springs. People were gathered to wor- show that people who are purchasing self, is focused on school safety, and I ship, and 26 of them were gunned down. guns are lying on their background certainly support that. He walked into the church, after he check and are legally disqualified from I know my colleague Senator HATCH shot dozens of rounds through the purchasing those firearms. has introduced a bill that is bipartisan building, and he went inside and shot For many, the aftereffects of the and widely supported by all sides, them and killed them—26 people. There shooting last month at Stoneman which I support. were 20 more wounded. Fortunately, Douglas High School in Parkland, FL, Another reform that is achievable they did not die from their wounds. still resonate—I know that is true for today, if we were allowed to vote on it, I believe, with all my heart, that all of us—and the pain and frustration is Fix NICS—to fix our broken back- those 26 people would be alive today if aren’t going away. I always worry, ground check system. We should start we made sure our broken background though, after one of these events oc- with what is achievable and what will check system worked by enforcing cur- curs, that given the relentless carpet- actually save lives, and that describes rent law and passing a bill like Fix bombing of news and other information the Fix NICS bill. It will help prevent NICS. I believe that would have saved that we all sustain here in Washington, dangerous individuals with criminal their lives, and it would have stopped in the Nation’s Capital, it is too easy convictions and history of mental ill- the change that the 20 who were to begin to lose sight of our objective ness from buying firearms. This bill wounded are now going to experience to make things different and to im- could easily pass the Senate. It has al- as a result of their life-altering inju- prove outcomes when it comes to ter- ready passed the House. The President ries. rible events like this. Sometimes we would sign it, as he told me when he I told myself, at that time, I am not get distracted and we move on to other called me last Thursday night. He said going to come back to that small com- topics, but we can’t allow ourselves to he supports the Fix NICS bill. There munity and look those families in the do that. We have heard from Stoneman are other things he would like to do. face unless I have done everything hu- Douglas students themselves who are There are other suggestions people manly possible to change the outcome angry and deserve to be so. have made, but we need to do what is in the future. How can any of us, in Last week, the junior Senator from achievable, and we need to do that as good conscience, look our constituents Florida, Mr. RUBIO, and I met with An- soon as we possibly can. in the face, those who lose their loved drew Pollack, the father of a victim Several publications have endorsed ones to incidents like this—how can we who lost her life at Stoneman Douglas. the Fix NICS bill, saying it is a com- look them in the face, in good con- Mr. Pollack’s daughter isn’t coming monsense proposal that is a ‘‘test of science, and say we have done our back, sadly, but the least we can do is [Democrats’] sincerity.’’ Do our col- duty, when we failed to act where we to prevent others like her from losing leagues really want to work together could on an achievable bill, with no op- their lives in similar incidents in the to prevent further shootings at church- position and broad bipartisan support? future. es and schools? Voting on this bill The Waco Tribune says: ‘‘Second I wanted to tell Andrew that steps would be one way to do it. Amendment advocates who regularly have already been taken, and I wanted The New York Times calls Fix NICS stress the need to enforce existing gun to say: This will not happen again. a ‘‘rare piece of gun legislation that laws rather than forging new laws Your daughter and other future vic- has no meaningful opposition and that should welcome’’ the bill. This bill is tims have pushed us, finally, to change. has bipartisan support.’’ That is one of supported by the whole political spec- But I couldn’t do that, not with a the most maddening things about trum when it comes to guns and the straight face, and I still can’t. Here we working here in Washington, DC—when Second Amendment, from the NRA to are almost a week after the meeting there are bills that have no meaningful people who say, well, they really have

VerDate Sep 11 2014 00:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.003 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1346 CONGRESSIONAL RECORD — SENATE March 6, 2018 reservations about law-abiding citizens An analysis by Just Capital found that ies could be slower if you don’t pay up. owning guns even for their own defense 6 percent of the savings companies re- Public schools that don’t pay for pre- or for recreation or hunting purposes. ceived from the tax bill are going to mium service could be put at a signifi- The whole political spectrum agrees employees, while 58 percent are going cant disadvantage. In rural America, this is a commonsense, achievable bill, to shareholders in the form of divi- where there is less competition, ISPs and so do 49 colleagues in the Senate, dends, share buybacks, and retained will wield even greater power to raise both Republicans and Democrats. earnings. The problem is, buybacks the price on consumers without fear of I have said it before, but I am here to don’t really help workers or average losing business. say it again: Let’s pass Fix NICS now. Americans. They don’t really grow the An internet without net neutrality is Andrew Pollack and the rest of the Na- economy. In fact, the money corpora- a tale of two internets where the best tion are waiting for a sign that we are tions spend on buybacks crowds out in- internet goes to the highest bidder, serious about preventing wanton acts vestment in the things that do help those with the money, and everyone of violence that should not and cannot workers and help our economy—re- else loses. continue. search, development, new equipment, Democrats want to keep the internet I yield the floor. new hires, better pay for employees. free and open, like our highways, ac- I suggest the absence of a quorum. But those benefits are in the long term. cessible and affordable to all Ameri- The ACTING PRESIDENT pro tem- The corporate CEOs, the boards, the cans regardless of your ability to pay, pore. The clerk will call the roll. leaders of the corporations—the big where you live, or the size of your busi- The senior assistant legislative clerk ones—get an immediate benefit when ness, no slow lanes, no paying for inter- proceeded to call the roll. they buy back stock. The stock goes net packages, like cable, no one set of Mr. SCHUMER. Mr. President, I ask up, the shareholders are happy, but rules for big corporations and another unanimous consent that the order for workers and America get no benefit. for everyone else. Every American the quorum call be rescinded. What buybacks accomplish is the should be able to affordably and easily The ACTING PRESIDENT pro tem- funneling of even more money to cor- access the internet. That is what pore. Without objection, it is so or- porate executives and wealthy share- Democrats believe. dered. holders. Buybacks don’t help the Amer- I am glad Washington State has al- RECOGNITION OF THE MINORITY LEADER ican workers. They don’t grow the ready taken action to reinstitute net The Democratic leader is recognized. economy. By taking stock off the mar- neutrality, but we need to do it across the country. Democrats have put to- REPUBLICAN TAX BILL ket, corporations inflate the value of Mr. SCHUMER. Mr. President, when their stockholdings. gether a CRA that would undo the the Republican majority forced Who holds all this stock? Not average FCC’s decision and put net neutrality through a $1.5 trillion tax cut to big Americans. The richest 10 percent of back on the books. As you know, Mr. corporations and the richest Ameri- America owns 80 percent of the stock. President, we will be able to bring that cans, a big question was, What will That is including pension funds and ev- to the floor. Every Democrat has those companies do with the money? erything else. When corporations goose signed on, but only one Republican Roughly, $1 trillion of that $1.5 trillion their stock, those benefits go to a tiny has—SUSAN COLLINS. I say to the other was aimed at the biggest corporations. piece of the pie—the upper crust. 50 Republicans who are in this Cham- Republicans promised that corpora- (Mr. CRAPO assumed the Chair.) ber: Whose side are you on? Whose side tions would reinvest the savings from This is the legacy of the tax bill: fur- are you on—the big cable providers or the tax bill, stimulating jobs and eco- ther benefits to the wealthy, incentives the average consumer who depends on nomic growth. We Democrats warned to raise corporate pay and stocks, and the internet? This vote will determine that corporations would do what is no real help—minimal real help for that. I urge all Americans—particularly best for themselves, not necessarily workers. Just as Democrats predicted, our younger people—to contact their what is best for workers or the econ- the Republican bill has unleashed a Senators and demand that they sign up omy. There is often a dichotomy, as we tsunami of corporate backslapping, while working Americans get left be- to save the internet. have learned over the years. One final point. President Trump hind. It has been only a few months since campaigned as a populist, but what he the Republican tax cut was signed into NET NEUTRALITY and our Republican colleagues have law, and while a few corporations here Mr. President, now on an entirely dif- been doing over and over again—wheth- and there announced annual bonuses ferent matter, yesterday Washington er it is what they tried to do on with a whole lot of hoopla from the became the first State to institute its healthcare, whether it is the tax bill, President and the Republicans, we own net neutrality requirements after net neutrality, or anything else—they don’t hear a peep now that they have the Republican-led FCC voted to repeal want to help the wealthiest and the been announcing an avalanche of cor- net neutrality in December, helping most powerful. They are the ones who porate stock buybacks—an absolute bo- the big ISPs and hurting the average backed them and funded their cam- nanza for corporate leaders and for consumer. That is typical of what the paigns. That is wrong. That is not what wealthy shareholders. Over $200 billion Senate on the Republican side and America wants. in corporate buybacks have been an- what our President have been doing. The only good news I can see out of nounced since January, putting cor- Over half of the States have similar this is that Americans are realizing porations on pace to spend over $1 tril- legislation pending in their legisla- this. Over 70 percent of people believe lion this year buying back their own tures. The States are rightly concerned that Donald Trump favors the wealthy stock. about what the end of net neutrality over the middle class, despite how he This morning, the oil and gas giant may mean for their residents. campaigns and despite his occasional Chevron announced it expects to re- When the Republican-led FCC re- rhetoric and tweets. They are realizing start its share repurchasing program pealed net neutrality, they handed the that the Republican Party seems to since halting it in 2015. Why? Because large internet service providers—your favor them. It is just that the Demo- they just reaped $2 billion in savings cable company—all the cards. They crats, whether we had the Presidency from the Republican tax bill. Chevron said: Do what you will with the inter- or the majority in the House or the told the Houston Chronicle last week it net. ISPs could charge consumers more Senate, were able to block these things is planning no major changes or bene- for faster service or start segmenting until now. Now the wealthy and power- fits given to its workers. Let me repeat the internet into packages, forcing ful are getting far too much, and I be- that. Chevron is planning no major consumers to purchase faster times for lieve my Republican colleagues will benefits to its workers but huge stock their favorite websites. Big companies reap the whirlwind. buybacks. Is that what America wants? could pay to get faster internet service, I yield the floor. No, but that is what is happening, as while startups, small businesses, and The ACTING PRESIDENT pro tem- we predicted, with this tax bill. average Americans are left in the slow pore. The Senator from Idaho. The Chevron example is not alone, lane. High-demand websites that offer Mr. CRAPO. Mr. President, I rise unfortunately, my fellow Americans. streaming television, sports, and mov- today to discuss S. 2155, the Economic

VerDate Sep 11 2014 00:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.004 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1347 Growth, Regulatory Relief, and Con- The passage of this legislation holds a less regular stress test, will mean sumer Protection Act, and to urge my real promise for local economies across many of the larger banks simply will colleagues to support its passage. America, and I encourage all of my col- not be under the intense examination In just a few minutes, we will have leagues to support its passage. that we have done in the past. What the first vote to vote on cloture to Mr. President, I suggest the absence does that mean? What that means is bring this bill to the floor, cloture on of a quorum. those banks are more likely to jeop- the motion to proceed—a very critical The ACTING PRESIDENT pro tem- ardize the safety and soundness of the vote. Again, I encourage all of my col- pore. The clerk will call the roll. banking system. Again, we know what leagues to support bringing this bill The senior assistant legislative clerk happened 10 years ago when we had to forward to the floor for a full debate proceeded to call the roll. bail them out. and vote. Mr. BROWN. Mr. President, I ask There is a Washington Post article First, let me thank each of the co- unanimous consent that the order for that came out today. The headline is sponsors of this bill, including the the quorum call be rescinded. ‘‘Senate banking bill likely to boost many members of the Banking Com- The ACTING PRESIDENT pro tem- chances of bank bailouts, CBO says.’’ mittee, for their interest and involve- pore. Without objection, it is so or- The CBO says that the Senate banking ment in the many discussions, hear- dered. bill is likely to boost chances of bank ings, personal negotiations, and con- Mr. BROWN. Mr. President, I would bailouts. Why would we do that when versations we have had to get to this like to have been here today to offer banks are doing very well? Banks of all point. Originally introduced by 10 Re- strong bipartisan support for a bill sizes are very profitable these days. We publicans and 10 Democrats, this pack- that would help with rules and regula- just did a tax bill that gives the largest age of commonsense reforms now has tions for the smallest banks and credit banks—the financial services industry 26 Senate cosponsors, including 16 unions in the country. There is a real overall but especially the Wall Street members of the Banking Committee. effort on the part of a lot of us to come banks—huge tax breaks. So we are Community banks and credit unions to an agreement particularly aimed at going to pass a bill that the Congres- across the country have long struggled those banks, the community banks and sional Budget Office—a neutral scorer to keep up with ever-increasing regu- the regional banks. I have three. Sen- here, the referee—the Congressional latory compliance and examiner de- ator PORTMAN’s and my State is the Budget Office says that this will cost mands coming out of Washington. In only State in the country that has taxpayers $671 million, and it will in- local economies, this places a strain on three regional banks, the banks that crease the chances of a bailout. Why small businesses looking to open or to have $50 billion, $100 billion, $150 bil- would we pass a bill to give the banks grow. lion—Huntington, KeyCorp, and Fifth breaks and then give them $671 million In fact, when the Dodd-Frank legisla- Third. of taxpayer dollars? I just don’t under- tion was initially proposed and we were Unfortunately, this bill started off stand why we as a Senate would want debating it on the floor of this Senate, that way, but it has become something to do such a thing. I held a news conference in Idaho, on else, and the something else is that Nobody in Ohio, except for some Main Street in one of our cities. I said this bill seems to me and many others bank executives, are clamoring for this that this bill was not targeted at Wall to be more concerned with the largest bill. Nobody is saying: Oh, we have to Street, as it was being marketed; in- banks and Wall Street than it does deregulate the banks. We have to help stead, it was being targeted at Main with community banks. the biggest banks. We have to help Street—our small financial institu- There are lots of things that can these banks that drove us into the tions and communities. That has come out of this bill. The bill gives reg- ditch 10 years ago. It simply doesn’t turned out to be exactly the case. ulators way too much flexibility—regu- make sense. Since the passage of Dodd-Frank, our lators such as Mulvaney, Otting, I ask for a ‘‘no’’ vote on the motion big banks have profited wonderfully, Quarles, and others. It vests more to proceed. but our small banks, our small finan- power in FSOC—something that the CLOTURE MOTION cial institutions—credit unions and Republicans didn’t want to do until The PRESIDING OFFICER (Mr. KEN- community banks—have suffered ter- they got regulators like Mnuchin, NEDY). ribly. Mulvaney, and people like that who are Pursuant to rule XXII, the Chair lays S. 2155 is aimed at right-sizing the before the Senate the pending cloture regulation for financial institutions, much more likely to side with Wall Street. The White House is increas- motion, which the clerk will state. primarily community banks and credit The senior assistant legislative clerk ingly looking like a retreat for Wall unions, which makes it easier for con- read as follows: Street executives, and these are the sumers to get mortgages or obtain CLOTURE MOTION people who are going to be doing the credit. It also increases important con- We, the undersigned Senators, in accord- sumer protections for veterans, senior regulation of this bill. ance with the provisions of rule XXII of the citizens, victims of fraud, and those Republicans and Democrats alike Standing Rules of the Senate, do hereby who fall on tough financial times. who believe in the need for regulation move to bring to a close debate on the mo- Congress has held numerous hearings are concerned about this bill or are op- tion to proceed to Calendar No. 287, S. 2155, in prior years exploring many of these posed to this bill, people like Dan a bill to promote economic growth, provide issues, and the product before us today Tarullo, who used to be a member of tailored regulatory relief, and enhance con- the Board of Governors at the Federal sumer protections, and for other purposes. is the result of a years-long process and Mitch McConnell, Ben Sasse, John Cor- careful vetting. Reserve in charge of regulation; Paul Volcker, a Federal Reserve Chair who nyn, Pat Roberts, Jerry Moran, John This bill has received widespread sup- Kennedy, David Perdue, Tim Scott, port from commentators, regulators, was selected by a Republican and a Thom Tillis, Dean Heller, Mike Crapo, businesses, and institutions rep- Democratic President; Sarah Bloom James E. Risch, Roger F. Wicker, resenting millions of hard-working Raskin; Gary Gensler; Tom Hoenig, a James M. Inhofe, Tom Cotton, Richard Americans and consumers, including Republican; Sheila Bair, President Burr, Lindsey Graham. over 10,000 community bankers, more Bush’s nominee at the FDIC; Phil The PRESIDING OFFICER. By unan- than 100 million credit union consumer Angelides, who did a good analysis of imous consent, the mandatory quorum members, and thousands of small busi- what actually happened 10 years ago call has been waived. ness owners and entrepreneurs, among when Wall Street almost collapsed our The question is, Is it the sense of the others. economy. Senate that debate on the motion to The reforms in this bipartisan bill This body seems to have experienced proceed to S. 2155, a bill to promote help tailor the current regulatory land- sort of a collective amnesia. Take a economic growth, provide tailored reg- scape, while ensuring safety and sound- look at what happened to the economy ulatory relief, and enhance consumer ness and relieving the burden on Amer- 10 years ago, and today we are giving protections, and for other purposes, ican businesses that are unfairly being relief to many of the largest banks in shall be brought to a close? treated like the largest companies in this country, relief that these things The yeas and nays are mandatory our economy. on the stress test—a weaker stress test, under the rule.

VerDate Sep 11 2014 05:00 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.006 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1348 CONGRESSIONAL RECORD — SENATE March 6, 2018 The clerk will call the roll. Mr. DURBIN. I announce that the Sen- Acknowledging the damage Dodd- The senior assistant legislative clerk ator from California (Mrs. FEINSTEIN) Frank has wrought for our local econo- called the roll. is necessarily absent. mies is long overdue, and it is high Mr. CORNYN. The following Senator The result was announced—yeas 98, time we did something about it. is necessarily absent: the Senator from nays 0, as follows: In my State of Louisiana, out-of-con- Arizona (Mr. MCCAIN). [Rollcall Vote No. 49 Ex.] trol compliance costs have led to banks The PRESIDING OFFICER. Are there YEAS—98 boarding up their windows. That any other Senators in the Chamber de- means, at this point in time, in at least Alexander Gardner Nelson siring to vote? Baldwin Gillibrand Paul 15 communities in my State, folks do The yeas and nays resulted—yeas 67, Barrasso Graham Perdue not have access to a bank or to a credit nays 32, as follows: Bennet Grassley Peters union. For Louisianians living in these [Rollcall Vote No. 48 Leg.] Blumenthal Harris Portman Blunt Hassan banking deserts, getting a check or a YEAS—67 Reed Booker Hatch Risch savings account may be little more Alexander Gardner Paul Boozman Heinrich Roberts than a pipedream. Barrasso Graham Perdue Brown Heitkamp Rounds I am not suggesting to you that ev- Burr Heller Bennet Grassley Peters Rubio erything in Dodd-Frank was misguided. Blunt Hassan Portman Cantwell Hirono Sanders Capito Hoeven Boozman Hatch Risch Sasse I think we had a handful of institutions Cardin Inhofe Burr Heitkamp Roberts Schatz that precipitated, in part, the melt- Carper Isakson Capito Heller Rounds Schumer Casey Johnson down in 2008, and Dodd-Frank regulates Carper Hoeven Rubio Scott Cassidy Inhofe Cassidy Jones those institutions, but not every finan- Sasse Shaheen Cochran Isakson Cochran Kaine cial institution, particularly a commu- Scott Shelby Collins Johnson Collins Kennedy Shaheen Smith nity bank and a small credit union, Coons Jones Coons King Stabenow Corker Kaine Shelby Corker Klobuchar should be lumped in with the larger fi- Sullivan Cornyn Kennedy Stabenow Cornyn Lankford nancial institutions. Tester Cotton King Sullivan Cortez Masto Leahy To return to my point, even the ordi- Thune Crapo Lankford Tester Cotton Lee nary act of cashing a paycheck—some- Cruz Lee Thune Crapo Manchin Tillis Daines Manchin Tillis Cruz Markey Toomey thing that goes sight unseen for most Donnelly McCaskill Toomey Daines McCaskill Udall Americans—is next to impossible with- Enzi McConnell Warner Donnelly McConnell Van Hollen out paying high fees at the convenience Warner Ernst Moran Wicker Duckworth Menendez store, a pawn shop, or a payday lender. Fischer Murkowski Young Durbin Merkley Warren Flake Nelson Enzi Moran Whitehouse Because of the shrinkage in the bank- Ernst Murkowski Wicker ing community in Louisiana, every NAYS—32 Fischer Murphy Wyden day, ordinary Louisianians are being Flake Murray Young Baldwin Gillibrand Reed told to participate in the economy, Blumenthal Harris Sanders NOT VOTING—2 Booker Heinrich Schatz manage their finances, save for their Brown Hirono Schumer Feinstein McCain kids’ future, and plan for their retire- Cantwell Klobuchar Smith ments when, thanks to Dodd-Frank Cardin Leahy The nomination was confirmed. Udall and its overregulation of medium-sized Casey Markey Van Hollen The PRESIDING OFFICER (Mr. Cortez Masto Menendez Warren CRUZ). Under the previous order, the and community banks and credit Duckworth Merkley Whitehouse motion to reconsider is considered unions, too many Louisianians don’t Durbin Murphy Wyden Feinstein Murray made and laid upon the table and the even have a bank branch in their com- President will be immediately notified munity. NOT VOTING—1 of the Senate’s action. I think it is time to swing the pen- McCain dulum back toward simple, sensible f The PRESIDING OFFICER. On this regulations. We have legislation that vote, the yeas are 67, the nays are 32. LEGISLATIVE SESSION will be on the floor this week in the Three-fifths of the Senators duly cho- Senate that will do that. It is called sen and sworn having voted in the af- the Economic Growth, Regulatory Re- ECONOMIC GROWTH, REGULATORY firmative, the motion is agreed to. lief, and Consumer Protection Act. I RELIEF, AND CONSUMER PRO- call it the Dodd-Frank fix bill or the f TECTION ACT—MOTION TO PRO- Dodd-Frank reform bill. It doesn’t de- EXECUTIVE SESSION CEED—Continued stroy Dodd-Frank. It doesn’t eliminate The PRESIDING OFFICER. Under it entirely. It just brings some common EXECUTIVE CALENDAR the previous order, the Senate will re- sense to the legislation. I think it is a sume legislative session and consider- vital step in the right direction. Dodd- The PRESIDING OFFICER. Under ation of the motion to proceed to S. Frank, to some extent, particularly for the previous order, the Senate will pro- 2155. medium-sized and smaller financial in- ceed to executive session and resume The Senator from Louisiana. stitutions, was like using a sledge- consideration of the following nomina- Mr. KENNEDY. Mr. President, some- hammer to kill a gnat. All our reform tion, which the clerk will report. times—not always—but sometimes The legislative clerk read the nomi- bill does is suggest that we ought to Congress operates under the principle nation of Terry A. Doughty, of Lou- try using a flyswatter instead of a that anything worth doing is worth isiana, to be United States District sledgehammer. overdoing, and that, to some extent, is Judge for the Western District of Lou- The changes made in our bill will not what happened with Dodd-Frank. isiana. mean the banks that are given relief The PRESIDING OFFICER. The It has been almost 8 years since will go unregulated—far from it. They question is, Will the Senate advise and Dodd-Frank took effect, and in that will still be heavily regulated. They consent to the Doughty nomination? time, well over 1,700 community banks just will not be overly regulated as a Mr. HELLER. I ask for the yeas and have consolidated, merged, or shut result of the Dodd-Frank bill. nays. their doors forever. We are going back- Everybody in America knows that The PRESIDING OFFICER. Is there a ward. That is an average of one every 3 community banks and credit unions, sufficient second? days. which I refer to as relationship bank- There appears to be a sufficient sec- I was reading this morning that in ers, played no role—none, zero, zilch— ond. the last 3 years, only 13 new banks in the 2008 financial crisis. When The clerk will call the roll. have been formed in America. That is former Chair of the Federal Reserve The legislative clerk called the roll. not 13 per year, that is 13 total. Before Yellen testified during her term in of- Mr. CORNYN. The following Senator is Dodd-Frank, we averaged about 100 a fice before the Banking Committee, I necessarily absent: the Senator from year. Across America, banks of all sizes asked her point-blank: Chairwoman Arizona (Mr. MCCAIN). have closed more than 10,000 branches. Yellen, what did the community banks

VerDate Sep 11 2014 00:11 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.009 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1349 do wrong to contribute to the economic reform legislation to protect con- ployees And Surrounding Commu- meltdown in 2008, and she responded: sumers. Americans shouldn’t have to nities.’’ Nothing. spend months fighting to correct inac- ‘‘Largest Health Insurer in New Jer- The businesses of these small institu- curate information on their credit re- sey Says It Will Use Tax Refunds for tions revolve around lending. I am port when they didn’t consent to have Members.’’ talking about community banks and it collected in the first place. They ‘‘Tax reform payday: Kid’s clothing credit unions. They lend to farms, shouldn’t be penalized because a credit giant Carter’s giving bonuses, boosting mom-and-pop businesses, and home- reporting agency, such as Equifax, retirement funds.’’ owners. They are not hedge fund man- can’t keep their data safe. ‘‘Tax reform positive for farmers, agers. They are not playing the mar- Our proposal would require that the ranchers.’’ gins. Yet the small banks are the ones Big Three credit reporting agencies ‘‘Express scripts giving employee bo- that are suffocating under the weight work together to create an online por- nuses averaging $1,200 following impact of Dodd-Frank’s 20,000 pages of regula- tal that gives consumers access to from tax law.’’ tions. Let me say that again. Dodd- their credit reports and their credit ‘‘Franklin Savings Bank to Give Em- Frank is about a 900-page bill, and it scores. This website would allow folks ployees $1,000 Bonus; Cites New Tax has 20,000 pages of regulations. to see what information has been col- Reform.’’ Ultimately, our communities pay the lected about them, see who has viewed ‘‘Sprouts plans to invest tax reform price for the costs that have been im- their credit report and why, and opt savings in employee programs.’’ posed upon small- and medium-sized out of having their information pack- ‘‘First Horizon announces minimum banks to comply with Dodd-Frank, aged and sold to third parties. It would pay level increase.’’ when these banks did nothing wrong in make it simple for people to dispute in- ‘‘NC Blue Cross: Tax cut will hold 2008. accuracies on their credit reports. In down rate increases, workers to get Studies show that when a bank short, it would give consumers control $1,000 bonuses.’’ branch shuts its doors, on average, the over their financial information once ‘‘Hormel to give employees stock number of small business loans made in again. shares, increase wages.’’ that community falls by 3 percent, and I respectfully urge my colleagues in I could keep reading. These are all that has certainly been the case in the Senate to support this necessary headlines—headlines from the past 2 Louisiana. The experts say the neigh- amendment. weeks that have come from news orga- borhoods can take more than 8 years to To conclude, the Economic Growth, nizations around the country, high- recover. You multiply that by 10,000 Regulatory Relief, and Consumer Pro- lighting the ways in which tax reform branches that have closed across this tection Act—the Dodd-Frank reform is benefiting American workers. country, and the figure is breath- bill that I have been talking about— Businesses large and small are seeing taking. It doesn’t take an economist to will help promote stability in our fi- the benefits of tax reform, and they are see that the ultimate cost of Dodd- nancial markets. It will protect Amer- passing them on. More than 400 compa- Frank on our communities in Lou- ican consumers, and it will give breath- nies, and counting, have announced isiana, in Texas, and elsewhere has ing room to some of our smaller banks good news for American workers, from been job losses and economic decline. and to our credit unions. It will ensure wage increases to increased retirement Fortunately, I think we can start to that consumers and small businesses benefits. Utility companies in at least see a light at the end of the tunnel—at continue to have access to mortgage 39 States are passing tax savings on to least if our Dodd-Frank reform bill credit and to capital. I respectfully consumers. passes. Dodd-Frank, as you know, said submit that it will help ensure that our CNBC reports that small business that all banks are created with equal relationship bankers—95 percent of the confidence has hit a record high in 2018, risks and should be subject to the same bankers in America, the ones on whose driven by small business owners’ opti- regulations. From the largest bank to back this country was built—can afford mism about the new tax law. In other the smallest bank, they all create to keep their doors open and continue words, tax reform is working exactly equal risk for the American financial lending to the middle-class drivers of the way it was supposed to. It is put- system, and they should be subject to our economy. ting more money into Americans’ the same regulations. Whoever came up Thank you. pockets and giving them access to new with that rule must have parachuted in I suggest the absence of a quorum. jobs, higher wages, and increased op- from another planet. The PRESIDING OFFICER. The portunity. I am cosponsoring the Dodd-Frank clerk will call the roll. I don’t need to tell anyone that reform bill because I believe an inter- The bill clerk proceeded to call the Americans had a tough time during the national bank—and I think common roll. last administration or that our econ- Mr. THUNE. Mr. President, I ask sense tells us this—with $50 billion in omy had stagnated. All you have to do unanimous consent that the order for assets poses a different risk to our is look at the numbers. A chief priority the quorum call be rescinded. economy than a community bank in of the Republican majority of this Con- The PRESIDING OFFICER. Without Bossier City with 30 employees. The gress has been turning things around objection, it is so ordered. Dodd-Frank reform bill acknowledges Mr. THUNE. Mr. President, I ask for American families, and that is why that banks come in all different shapes unanimous consent to speak for up to 7 we took up tax reform. The Tax Code might not be the first and sizes and purposes, and it treats minutes. them accordingly. The PRESIDING OFFICER. Without thing people think of when they think We have had 8 years under Dodd- objection, it is so ordered. of economic prosperity, but it actually Frank to see what this level of govern- plays a key role in determining the TAX REFORM ment regulation means for our econ- Mr. THUNE. Mr. President, the success of individual families and of omy, and it is time to find some bal- steady stream of good news for Amer- our economy as a whole. ance. Dodd-Frank’s purpose was to pre- ican workers continues. Just take a The more money the Federal Govern- vent another financial crisis. Yet, in look at the headlines: ment takes from you in taxes, the less practice, banks across this country are ‘‘Craft brewers putting tax savings money you have to save or pay bills or now able to offer fewer products, fewer toward expansions and new jobs.’’ That buy a house or repair your car. The services, and fewer loans at much, is one headline. more money a business has to give to much higher prices as a result of over- ‘‘Grocery chain investing in employ- the Federal Government, the less regulation by Dodd-Frank. If we want ees and brand after tax reform.’’ money it has to grow the business and to get our economy back on track for ‘‘Quad/Graphics to give $22 million in invest in its workers. If businesses are working and middle-class Americans, stock to employees.’’ struggling to grow and succeed, that is it has to stop. ‘‘Entergy Arkansas files plan to pass a big problem for American workers. I have been working closely with my corporate tax cuts to customers.’’ In order for American workers to colleague Senator SCHATZ on a bipar- ‘‘Taco John’s International Inc. thrive, American businesses have to tisan amendment to our Dodd-Frank Shares Tax Reform Benefits With Em- thrive. It is pretty hard for a small

VerDate Sep 11 2014 01:09 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.011 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1350 CONGRESSIONAL RECORD — SENATE March 6, 2018 business to hire a new worker or to ECONOMIC GROWTH, REGULATORY the middle class was being looted— raise wages if the owner can barely pay RELIEF, AND CONSUMER PRO- those people, thank you very much, the tax bill. TECTION ACT—MOTION TO PRO- weathered the crisis just fine. No one It is unlikely that an American com- CEED—Continued with a cable show had their home fore- pany is going to have a lot of spare The PRESIDING OFFICER. The Sen- closed on. Nobody on Wall Street who cash for investing in its workforce if it ator from Ohio. tanked the economy went to jail. In is struggling to compete with foreign Mr. BROWN. Mr. President, 10 years fact, many of these same people now companies that are paying far less in ago almost to the day, this country have fancy jobs in fancy buildings and taxes. And it is unlikely that Amer- was on the verge of a financial crisis dress in fancy clothes and have fancy ica’s global companies are going to that would wreck the lives of millions titles and work on Wall Street and in focus on reinvesting in the United of families. The experts—let’s say the the White House. But in ZIP Codes like States if they face a tax penalty for so-called experts—had their heads in 44105, in Slavic Village and Cleveland, bringing foreign earnings back home. the sand. They shrugged off the warn- OH, and places like it across the coun- When it came time to draft a tax re- ings. They told the public everything try, parents were sitting down at form bill, Republicans knew that the was fine. kitchen tables to have painful con- bill had to do two things. First, it had Jim Cramer was telling hard-working versations with their children. Think about what this means. You to lower the tax burden on American Americans to invest their money in lose your job, or you can’t keep up families and put more money in Ameri- Bear Stearns. Maybe younger Members with your mortgage payment. The hus- cans’ pockets right away, and it had to of the Senate don’t really remember band, the wife, two teenage children. create the kind of economy that would what Bear Stearns was. Jim Cramer You have a family pet, a dog. You real- give American families access to secu- said: ‘‘I’m not giving up on the thing.’’ ize you are falling further and further rity and prosperity for the long term. Bank of America was putting the fin- ishing touches on its plan to buy the behind. You are still working and you To achieve the first goal, we lowered subprime lender Countrywide, which are still trying, but things aren’t going tax rates across the board for Amer- they called ‘‘the best domestic mort- well. The first thing you do—your dog ican families. We nearly doubled the gage platform.’’ has to go to the vet. You can’t pay for standard deduction, and we doubled the Hank Paulson, the last Treasury Sec- that. You simply don’t have the child tax credit. retary who got plucked from Goldman money. You take the dog to the shel- To meet the second goal, we lowered Sachs—we have had at least one ter. You do what a lot of families in our Nation’s massive corporate tax since—downplayed homeowners’ pain. Cleveland unfortunately do; you just rate, which, until January 1, was the He said: ‘‘You know, the stock market try to give your dog away or do some- highest corporate tax rate in the devel- goes up and down every day more than thing. oped world. We lowered tax rates the entire value of the subprime mort- You then face your children. You say across the board for owners of small gages in the country.’’ to your children: We are going to lose and medium-sized businesses, farms, Meanwhile, advocates in commu- our home. We are going to have to and ranches. We expanded the ability nities—the people who were actually move. We don’t know where we are of business owners to recover invest- dealing with the consequences of the going to move yet. We don’t know ments they make in their businesses, crisis—were sounding the alarm. The which school district. We don’t know which will free up cash so that they fair lending group Greenlining began where your friends will be because we can reinvest in their operations and meeting with Federal Reserve Chair- are going to have to move. their workers. We brought the U.S. man Alan Greenspan at least once a I don’t think people around here real- international tax system into the 21st year, starting in 1999—1999—to warn ly think much about what foreclosures century by replacing our outdated about predatory mortgage lending. At- mean to families. Remember what I worldwide system with a modernized torneys general from across the coun- said—5,900 foreclosures in Cuyahoga territorial tax system so that Amer- try started to caution about troubling County in 2000 and 15,000 by 2007. Hun- ican businesses are not operating at a trends. dreds of those were in ZIP Code 44105. disadvantage next to their foreign In Cleveland, which is in the Pre- Think what that does to those families. counterparts. It is working. siding Officer’s home State, we saw My colleagues, when we vote today and In less than 3 months, we have seen home prices climb 66 percent in 10 tomorrow and Thursday on whether we lower tax burdens for American fami- years, with the housing market juiced are going to pass this giveaway bill to lies, pay increases, bonuses, new jobs, by ‘‘flipping on mega-steroids,’’ accord- Wall Street, just think about that. increased investment in the American ing to a government panel that inves- The CEOs and the boards at the economy, better employee benefits, tigated the crisis. City officials in banks and people in Washington who and other kinds of benefits, such as Cleveland began to hear reports that are supposed to be watching failed lower utility bills. All of that means predatory home refinances were being these Americans. That is why Con- more money in Americans’ pockets. It pushed on buyers regardless of whether gress, including some Republicans, did means more money to put toward a they could afford to repay the loans. something about it 10 years ago, some- child’s education, more money to save Those refinances mean fees to bankers. thing to stop this from ever happening for a house or a car, and more money Foreclosures began to shoot up in again. We passed a law. We created im- to save for retirement. Cuyahoga County—5,900 foreclosure fil- portant protections for the financial ings in 2000, and by 2007, 15,000. My wife system, for taxpayers, for homeowners. Tax reform is accomplishing our goal and I live in ZIP Code 44105, which in- We held banks and watchdogs account- of making life better for American cludes Slavic Village in Cleveland, OH. able to prevent another crisis. families, and the benefits have just In the first half of 2007, that ZIP Code Fundamentally, we did it right a dec- begun. had more foreclosures than any ZIP ade ago, but Wall Street never gives up I yield the floor. Code in the United States of America. that easily. They didn’t like that bill. The city of Cleveland went to the Fed They opposed that bill—most of them. f and asked it to use its authority to re- Big bank lobbyists, the same ones who strain subprime lending. The Fed did were so sure the 2000s crisis wasn’t RECESS nothing. The people in charge in Wash- going to happen, those who flippantly ington were too certain, too detached, said that things are all right—remem- The PRESIDING OFFICER. Under and perhaps too comfortable to listen ber what Hank Paulson said. Hank the previous order, the Senate stands to the warnings from Ohioans and from Paulson, the Bush Secretary of the in recess until 2:15 p.m. people across the country. Treasury, said: You know, the stock Thereupon, the Senate, at 12:43 p.m., We saw what happened. All of these market goes up and down every day recessed until 2:15 p.m. and reassem- people who had the hubris to say that more than the entire value of subprime bled when called to order by the Pre- the economy could keep growing and mortgages in the country. Well, Hank siding Officer (Mr. PORTMAN). keep growing and keep growing while Paulson didn’t pay much of a price.

VerDate Sep 11 2014 01:09 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.013 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1351 None of the regulators paid much of a their offices and making calls and but then they get $671 million extra price. doing all that. from taxpayers. So, again, thank you Ten years ago, we did it right. As I The Vice President of the United very much, taxpayers, for taking care said, the big banks never gave up. Big States came to this Senate Chamber to of the banks. So we are going to weak- bank lobbyists went to work. break a tie, to cast a tie-breaking vote en the rules, and we will pay Wall Get this: The day the President to vote against hard-working American Street for the privilege of doing it. signed the Dodd-Frank bill imple- families. Instead of protecting these This bill weakens stress tests for all menting these safety rules and regula- families, the Vice President and his al- large banks, even Wall Street tions—implementing the consumer lies in the Senate—they voted for Wells megabanks that are designated as glob- protections, making sure that the gov- Fargo, they voted for Equifax, they al, systemically important banks—like ernment was actually on the side of voted for Citigroup. The rule is gone. JPMorgan Chase, $2.5 trillion in assets. consumers and people paying their That rule to ensure that consumers Now, 2.5 trillion is 2,500 billion, and a mortgage and homeowners—the same have their day in court if their bank billion is a thousand million. So $2.5 day President Obama put his ‘‘Barack cheated them, that rule is gone, piece trillion—that is hard to calculate, but Obama’’ signature on the Dodd-Frank by piece by piece. that is a lot of money. So JPMorgan law, the top financial services lobbyists The watchdogs who are supposed to Chase gets a break. They get their $2.5 in Washington said: Now it is half be protecting Main Street all come to trillion in assets. Bank of America gets time. In other words, we may have lost their jobs fresh from—surprise—Wall a break. They get $2.3 trillion in assets. the first half. They passed this bill. We Street and K Street. The President’s Wells Fargo, which can’t stay out of didn’t want it, but don’t worry about Cabinet looks like an executive retreat trouble—every week there seems to be us in the second half. for Wall Street bankers. They have re- something new—$1.9 trillion in assets. To these people, the economy is a leased blueprint after blueprint on how Citibank, $1.9 trillion in assets. These game. They can’t tell the difference be- to dismantle all the rules put in place banks—and the Wall Street Journal, tween putting millions of Americans’ after the crisis, and they are putting hardly a paper hostile to business or a lives and homes and savings at risk and their people in place to do it. They just bank that is really always close to a game of pickup basketball. rammed through Congress a bill to give Wall Street. Wall Street Journal head- Piece by piece, Wall Street has gone Wall Street an enormous tax break line this morning: ‘‘[Wall Street] to the agencies, they have gone to the that will cost American families $1.5 Banks Get a Big Win in Senate Roll- courts, they have gone to Congress to trillion, but it gives big bank CEO’s a back Bill.’’ dismantle the consumer protections we huge raise. So don’t let my colleagues—don’t let put in place. The drumbeat is constant. That is 10,000 times more than what anybody who supports this bill—tell It is ongoing. It has been happening for we spend at HUD every year to protect you this is all for the community 10 years. They always want a new ex- kids from toxic levels. Back to ZIP banks. The community banks get some emption, they always want a weaker Code 44105, the health department of things in this bill. I would love to sup- standard, they always want a new tax the city of Cleveland told me almost port the community banks and make break, and do you know what? They all those homes built before World War this a bill about community banks, can always find a whole lot of Senators II, 99 percent of them have levels of about credit unions, even about the re- and House Members who will write a toxic lead that will make children gional banks like the ones in my State letter to the Federal Reserve, who will sick—99 percent of those homes. Yet we that generally do the right thing—Hun- make a call to the Office of Consumer can do this big tax cut and not take tington and Fifth Third and KeyBank. Counsel, who will go at it and will at- care of those families. But this bill, this is the Wall Street tack in public the Consumer Bureau. Not long ago, another bank lobbyist Journal: ‘‘Big Banks Get a Big Win in They can always find Members in this told us their plan: We don’t want a seat Senate Rollback Bill.’’ body who are fueled by lots of Wall at the table, he said, we want the This is about those four banks I men- Street contributions and a lot of allies whole table—and they are about to get tioned: JPMorgan Chase, Bank of in New York. They can always find it under the bill the Senate will con- America, Wells Fargo, Citigroup. These people to do their bidding. That is why sider this week. Piece by piece, they banks hold 51 percent—more than you see this drum. That is how you tear these protections down. This bill half—of all industry assets. They are a hear this drumbeat. They want a new gives them the whole table. It leaves pretty darned big part of our economy, exemption, a new weaker standard, a nothing for working families. and we are doing things for them. As new tax break. If you thought the Secretary of they are profitable, as their executives The last year has been a really good HUD’s $31,000 he spent to buy that make maybe tens of millions of dollars, time to be a bank lobbyist. After the fancy table for his dining room—31,000 as they are doing stock buybacks to crisis, we had created the Consumer taxpayer dollars—if you thought that make even more millions of dollars, we Protection Bureau to represent the in- was a bad deal for taxpayers, wait until are doing things for them. We are not terests of regular Americans who have I tell you about the billions and bil- dealing with infrastructure, we are not to fight with their bank or their credit lions of dollars at risk that are packed dealing with the opioid crisis, we are card company. Now, in this administra- into this effort. doing nothing here about guns, but we tion, the Consumer Bureau, unbeliev- This bill puts Americans at risk of have time to do a lot for America’s ably so, is run by a guy who believes— another bank bailout. The Congres- largest banks. With this deregulation, publicly said it—it shouldn’t even sional Budget Office, the independent, these are banks whose collapse could exist. The Consumer Bureau’s new pro- nonpartisan scorekeeper, confirmed cause ripples across the world. tections are under attack. yesterday that this bill would increase Together, the country’s biggest One quick story. All Democrats, even the probability of a big bank failure banks took $239 billion in taxpayer some Republicans, agreed we should and a financial crisis. It will add $671 bailouts. So without the rigorous an- protect consumers’ right to take their million to the deficit. The Washington nual stress test that we put in Dodd- bank to court. What is more American Post said: ‘‘Senate banking bill likely Frank a decade ago and we are relaxing than that; if you think your bank to boost chances of bank bailouts.’’ now, taxpayers could, once again, be on cheated you, that you should be able to It is bad enough we are going to the hook if too-big-to-fail banks col- go to court. pass—after banks have been so profit- lapse, and we don’t have the right tools Bank lobbyists, with a lot of allies on able the last decade, after they were in place to see it coming. this side of the aisle, convinced the bailed out by the public—thank you This is maybe even more unbeliev- Vice President of the United States to very much—they have had a really, able than the fact that this body has come to this very Senate Chamber late pretty darned good decade. Then they fallen all over itself to help the biggest at night—late at night here, at 9 or 10, got a big tax cut. Now they want this banks. This bill also weakens the over- the public is not watching, but you can and a little cherry on top. First, they sight for foreign megabanks operating be damned sure the special interests get this bill, which is about to pass— in the United States—the same banks are alive and well and watching in which will be really good for bankers— that repeatedly violate U.S. laws. Let’s

VerDate Sep 11 2014 01:09 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.014 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1352 CONGRESSIONAL RECORD — SENATE March 6, 2018 run through the rap sheets of some of today that helps those local banks in- the bank regulation with the Federal these banks. vest more in their communities while Reserve, has outlined a long series of Deutsche Bank, a big German bank, keeping in place strict rules for Wall concerns. Sarah Bloom Raskin, Anto- manipulated the benchmark interest Street megabanks, but Wall Street and nio Weiss, Gary Gensler, law profes- rates used to set mortgages. It is also Republicans don’t want to do that. sors, fair housing advocates, big bank known as the only large bank in the They want to use the little guys, the experts, people who provide legal serv- world that will finance the President’s community banks we all want to help. ices across this country who deal with businesses. They want to use the little guys to ex- foreclosures and civil rights groups are Santander, a Spanish bank, illegally tract something for the big guys. It is telling us we can’t go down that path repossessed cars from members of the the oldest trick in the book around again. military who were serving our country here. We know what happens next. It is hu- overseas. So we are going to give a We are going to cut taxes for the bris to think we can gut the rules on break to a Spanish bank that repos- middle class. Well, really we are kind these banks again but avoid the next sessed the cars of men and women at of hoping we can give big tax breaks to crisis. If you strip the rules away from Wright-Patterson Air Force Base and the richest 1 percent. We are going to the big banks and you turn your back others when they were serving over- help the community banks, but really as regulators on misfeasance and mal- seas. Santander repossessed their cars, we are hoping—we know we are going feasance, that collective amnesia—we a Spanish bank, and we are going to de- to help Wall Street. are going to pay for it, and we know we regulate and make them more profit- This city, Washington, this govern- are. able with less accountability. ment, this Senate, this Senate Banking There are so many important things Barclays, a British bank, manipu- Committee are all suffering from col- we should be doing here instead. We lated electric energy prices. If you live lective amnesia. They just forgot what should be addressing the fact—and the on the West Coast—I don’t; my con- happened 10 years ago. Maybe it is con- Presiding Officer and I have been work- stituents weren’t affected—but a whole venient they don’t want to remember ing on this bill—that workers and re- lot of people were as they manipulated what happened. Thankfully, the IMF, tirees in Ohio and across the country energy prices. the International Monetary Fund—an might have their pensions they have Credit Suisse and UBS, two Switzer- agency of international financial ex- spent a lifetime earning slashed in half land banks—one of them illegally did perts—has done us a favor, to help jog if Congress doesn’t act. We can be business with Iran. We have tried to memories. They have cataloged 300 doing that. We could be addressing the tighten the sanctions on Iran to get years of history of bank deregulation fact that 400,000 Ohioans pay more than Iran to behave better so they don’t efforts all across the globe. Do you half their income each month on rent continue to harass—or worse—Israel know what they found? We deregulate, to keep a roof over their head. We and all the threats they make. We are the economy explodes. We put in pro- could be creating jobs. We could be at- going to help a bank that did business tections, the economy gets better. We tacking the opioid epidemic. We could with Iran, and UBS sold toxic mort- deregulate again, the economy ex- be fighting against high drug prices. gage-backed securities. plodes. We put in protections, the econ- We could be investing in our crumbling It didn’t have to be this way. I tried omy gets better. We deregulate again— roads and bridges. Instead, guess what. for months to work with the chairman wash, rinse, repeat. We are here helping the big banks. Ev- of the committee—and I like Senator We can do better. We owe it to the erybody is willing to work full time to CRAPO a lot. We work together well. I people we serve to do better. The Sen- help Wall Street. tried for months to work in a common- ate owes it to 176,000 kids in Ohio and It is a question of whose side are we sense package of reforms aimed at lift- other kids across the country whose on? Are we on the side of megabank ing up community banks and credit lives and education were disrupted by lobbyists or are we on the side of unions. That is what we ought to do. the foreclosure crisis. Think how many American taxpayers and homeowners That is what we could do. That is what children lived in homes when their par- and students and workers? we still could do. These are the local fi- ents were foreclosed on or their parents I yield the floor. nancial institutions that fuel home were evicted, and everything in their The PRESIDING OFFICER. The Sen- ownership and small businesses. I know lives turned upside down. We don’t care ator from Montana. a lot of them. They come to see me about them. We are going to forget when they are in Washington. I see about them, this collective amnesia. PROTECT PUBLIC USE OF PUBLIC LANDS BILL them in their communities. I see them We are going to forget about them be- Mr. DAINES. Mr. President, Mon- in Sycamore, Columbus, and Mansfield, cause we want to help the big banks tanans want to access and enjoy our and all over the State. These are not get bigger and bigger and bigger. Is State’s public lands, and for a very the people who caused the meltdown 10 that what we are going to do? We owe good reason. Nothing beats our way of years ago. These are the ones who got it to the millions of people whose re- life in Montana—our hunting, fishing, dragged down when big banks crashed tirements were wiped out. Millions of hiking, biking, skiing, backpacking, the economy. I support relief to those Americans lost big chunks of their re- climbing, all with a backdrop of banks and regional banks that do tirement, but we bailed out the big breathtaking views and a very rich his- things right and play by the rules. I banks at the same time. We owe it to tory of conservation. That is why Con- want to do more to help average Amer- the students who graduated in the gressman GIANFORTE and I introduced icans who have to cope with unfair great recession and may have low earn- the Protect Public Use of Public Lands tricks and traps, but that is not what ings for the rest of their lives. Act. this bill does. That is how it started The watchdogs who understand these Our bill protects our pristine natural out. That is what Wall Street wants markets are trying to warn us. Paul resources while also ensuring that you to think; this is a bill for the com- Volcker, former Chair of the Federal Montanans are able to recreate in U.S. munity banks. Reserve, has cautioned us about this Forest Service lands that are not wil- Don’t forget, they said that about the bill. He was the Fed Chair for a Demo- derness, but they have been locked up tax cut bill: It is a tax cut for the mid- crat and a Republican President. Shei- in regulatory limbo for decades. Con- dle class. Well, 81 percent of the bene- la Bair, who helped us put protections gressman GIANFORTE’s second bill deals fits of the tax cut go to the richest 1 in place after the crisis, is a Repub- with similarly locked-up Bureau of percent. So don’t always believe what lican warning us about this bill. Tom Land Management lands. they say when they talk about this. Hoenig, the current Vice Chair at the Here is what the Protect Public Use This was a false choice. Why should FDIC, selected to that position by Re- of Public Lands Act does. It ensures we have to roll back rules for the larg- publicans, has told us this bill is harm- public access to land within five wil- est banks in Switzerland to help out ful. Barney Frank, as in Dodd-Frank, derness study areas across Montana. community banks or credit unions in has said he would vote no if he were They are also called WSAs. While there Ohio? Of course we shouldn’t. It has here. Former member of the Federal are thousands more acres of public land been a false choice. We could pass a bill Reserve Dan Tarullo, who used to do that are still in limbo, I put these five

VerDate Sep 11 2014 01:09 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.016 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1353 WSAs in my bill for two simple rea- banks, credit unions, midsized banks, What are we celebrating today? We sons. First, the Forest Service deter- and regional banks to promote eco- haven’t quite gotten it over the finish mined that these lands were not suit- nomic growth. line, but certainly the vote we just had able for wilderness in their final plan. Many of us represent rural States a couple of hours ago, which was broad In fact, that was a charge given by where community banks and credit bipartisan support on a cloture vote, is Congress in 1977. They said: Go out and unions are the primary providers of not something we see very often in this study these Forest Service lands and credit and financial services. These in- body. I think what we have to say is tell us which acres are suitable for wil- stitutions hold a competitive advan- that this bill is a piece of almost old- derness and which are not. tage over their larger counterparts, op- fashioned legislating. It is a prime ex- The acreages I am proposing we erating with a relationship-based ample of how Senators can work to- should release are those that were knowledge of their customers and an gether to effectively achieve a result deemed not suitable for wilderness in understanding of their unique needs. and do it in a bipartisan way. the final plan by the Forest Service. They are decidedly disadvantaged when Despite the Washington gridlock of Second, there is strong local support it comes to keeping up with the ever- partisanship, a group of us on Banking for unlocking these lands from the increasing compliance and examiner wrote and introduced this bipartisan grassroots up, including the Montana demands coming out of Washington. bill through a good-faith negotiation, State Legislature, countless local com- Our bill offers much needed reforms which lasted literally years. I have munity members, and dozens of sports- that will reduce unnecessary burdens been working on this since coming to men, county commissioners, and wild- on smaller financial institutions so the U.S. Senate and being assigned to life groups, including the Western Mon- that they can use more of their capital the Banking Committee. In fact, I have tana Fish & Game Association and the serving customers rather than com- been working on these reforms since Montana Sportsmen for Fish and Wild- plying with Federal regulations that 2013. life. were never intended for them. It also The bill didn’t come together over- Unlocking these lands from a WSA adds protections against fraud and night. It was carefully crafted. It was does not—does not—automatically au- identity theft for consumers, veterans, done not just with these regulators in thorize any particular use of the land. senior citizens, and others, as well as discussion but also the Obama-era reg- It simply opens up and allows for pub- for those falling on hard financial ulators as well. We know that we have lic conversation about how the lands times. an opportunity to do something that should be used by setting up the plan- This bill is the product of robust, bi- no one thought was possible—take a ning process for public comment. In partisan negotiation. It was years in piece of legislation that didn’t come fact, protections like the 2001 roadless the making. It is the outgrowth of through in rule XIV, didn’t come rule, the Endangered Species Act, and feedback and input garnered from a through in reconciliation. It came the existing forest and travel manage- process we initiated in the Banking through in the traditional way, ment plans remain intact. Do you Committee across all stakeholders in through a Banking Committee process know what this means? You can’t con- America, as well as from previous where we sat—and I will again applaud struct a new road, and that would be meetings, briefings, and many con- the Chairman. No amendment was told kept after the release of the WSAs. versations and negotiations among the it was out of order. No amendment This has been a bottom-up approach members. wasn’t given an opportunity to be from the get-go, and here is the bottom I see Senator HEITKAMP is here, and I heard or voted on. In fact, we sat for 7 line. Montana’s public lands are meant am going to ask her to talk about this hours and voted on amendments and for everyone. They are meant for peo- process, how we reached this point listened to debate on this bill. Those ple who like to recreate in many dif- today, and what it means for North Da- people who think it came quickly are ferent ways—for those who love to kotans. wrong. This did not come quickly. It hike, of course, but also folks who Senator HEITKAMP. came over a long period of time, enjoy recreating with mountain bikes, Ms. HEITKAMP. Thank you. I was through extensive discussions. hunting, snowmobiling, and riding going to say ‘‘Mr. Chairman,’’ but I I want to talk about why I care so ATVs. guess at this point he is just Senator much about this bill. When I was going Creating access to our public lands is CRAPO. around the State in 2012, talking to critical to Montana’s jobs and our $7 Mr. President, I want to take a mo- folks who had opinions about the Fed- billion outdoor economy. In fact, com- ment and personally thank Senator eral Government, one of the things I munities in Montana understand this is CRAPO from Idaho for his incredible frequently heard from my small credit an important local economic driver leadership. Frequently we are asked: unions and my independent community that will strengthen local economies What is wrong in the U.S. Senate? Why bankers and my bankers—in North Da- that depend on outdoor jobs. In fact, can’t you seem to get anything done, kota, independent community bankers just recently, the Bureau of Economic even though there is common purpose; frequently tend to be members of the Analysis agreed. They said that out- that is, to protect the American public, North Dakota Bankers Association. door recreation generates $373 billion defend the American public, and help They said one thing to me that really of the GDP across our country, mostly the American public be prosperous? resonated, and that was: How is it that from motorized vehicles, boating, fish- Frequently my response is that many Dodd-Frank, which was supposed to ing, hunting, and shooting. Our bill times it is a lack of leadership. It is a deal with the largest lenders in this will help Montanans recreate with all lack of willingness to sit down, listen, country, the largest institutions in of these uses by unlocking our public and prepare a product that can get re- this country—how is it that you have lands. sults. That hasn’t been our problem this Dodd-Frank bill that was supposed The PRESIDING OFFICER. The Sen- with Senator CRAPO. He has been there to stop too big to fail, and it has be- ator from Idaho. personally every step along the way, come too small to succeed? The com- Mr. CRAPO. Mr. President, I am not delegating to staff but working pliance burdens are overwhelming. The going to be joined today by some of my with us one on one—sometimes, maybe, confusion that we have about this—we colleagues from the Banking Com- four on one. He may feel a little bit wonder why all of this is on us when we mittee who are also supporters of the ganged up on, but I think it was fair weren’t part of the problem. We are Economic Growth, Regulatory Relief, odds for him, I might say. I also know getting punished for being a financial and Consumer Protection Act. We rise that this would not be here without the institution and for no good reason, today to speak about this bipartisan leadership of Senator CRAPO and the other than we are in a class that in- legislation, which advanced out of the Banking Committee, a committee that cludes much bigger actors. committee last year by a vote of 16 to historically has a reputation for being One of the things I would tell you is 7, a bipartisan vote. The primary pur- notoriously bipartisan. I want to ex- that this bill is critical to rural Amer- pose of this legislation is to make tar- tend my great appreciation for his ica. When you look at the challenges geted changes to simplify and improve work and for his willingness to listen that rural America faces, access to cap- the regulatory regime for community and to work with all of us. ital has to be on top of the list. Plus, I

VerDate Sep 11 2014 01:09 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.018 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1354 CONGRESSIONAL RECORD — SENATE March 6, 2018 think all of those who have been to a In America, we have to bring back re- bringing forward today. The Senator Class B basketball tournament or a lationship lending. You can say: Well, from North Dakota was a shining star Class B basketball game can look at none of these regulations really apply in that debate, one that reminded both the program, turn it over, and what to them. Why don’t you talk to these sides of what was most important—the they will see is sponsorship from their folks who are in the banking world and people back home. The Senator has re- local lending institution; they will see realize that they have retracted from minded me today of something that I a part of the community. Whether it is mortgage lending because they are have come prepared to talk about but helping host fundraisers, whether it is fearful that they will do something that, I think, warrants merit. being involved in cancer drives, that wrong and will not be able to afford the The Citizens State Bank was my Main Street institution of the commu- fines that they may be assessed. They hometown bank, and it has been nity bank is there every step of the are fearful that they will not be able to bought and sold a few times. My father, way. We are seeing more and more contribute and be part of the commu- who was a schoolteacher and a school those institutions being challenged by nity effort because we have overregu- superintendent, was actually on that things such as overregulation. lated the smallest institutions to the board. It was my first exposure as to I want to talk a little bit about my point at which they wonder if their how banking worked. I remember going hometown bank, the first bank in children, who could inherit their insti- with my dad then, who was a school- which I had a checking account and a tutions, really want to stay in busi- teacher and didn’t make a lot of money savings account. It is a little bit of a ness. but who wanted a loan to buy a car. At funny story. The statute of limitations There will be a lot of discussion that time, I was a little older, but this has probably run, but back in the day, about this bill. There has been a lot of was a 1954 Ford that my dad had been in every small town, there was illegal discussion already. The one thing I driving. I am not really that old, but it was an old car, and he wanted to buy a gambling. I know, people might be want to say is that we stand ready to new car. I remember sitting off to the shocked. defend any of these provisions. My dad put my name in a raffle they Before I close and turn this over to side and listening to the conversation. When you talk about relationship were having. That night at the stag the Senator from Georgia, I want to lending, relationship lending could not party, I won the raffle. It was $30, just say that one of the things we need go very long if that relationship lend- which years ago was a lot of money. to be very careful of here when we de- ing didn’t lead to a loan that got paid The first thing my dad did was take me bate this bill is that we do not in any back. I knew the lending officer be- to Lincoln State Bank to open a sav- way misstate the effects of this bill, be- cause he taught me in Sunday school. ings account. I put that $30 into a sav- cause that misstatement will become We saw him every week in church. His ings account. That institution was part of the public record. I am going to children went to the school where my there, and from there, we had our first be very aggressive in making sure that dad was the principal. checking account. From there, I knew we push back against statements that I This is a different time today—I un- that my dad had a relationship with believe are false, statements that char- derstand that—but the fact still re- his banker that would help him acterize this bill in a way that was not mains that relationship lending, as the through some tough times when he intended and that, in fact, is not part Senator from North Dakota just re- needed a little bit of extra cash and of the legislative language. minded us, should be at the core of help him through times when he need- Mr. CRAPO. Before the Senator what we consider here when we talk ed a car loan. yields to the Senator from Georgia, about this being a lending institution, When we lose those local lenders, may I make one comment? making a transaction with an indi- when we lose the ability of those local Ms. HEITKAMP. Yes. vidual for him to then pay that loan lenders to do business, that means the Mr. CRAPO. I just want to express back. That is what we tend to forget opportunity for relationship banking is appreciation for the Senator’s chart. sometimes because of the debacle in gone. What do I mean by that? I have For those who cannot see the chart, 2008. told this story many times in com- this is a chart that the Senator from Since Dodd-Frank has become law, mittee. You are the small town banker. North Dakota has put up that shows over 1,700 banks have been closed. Let A guy comes in, and maybe he has a the intersection of Main Street and re- me say that again. Since Dodd-Frank shoebox full of receipts. He doesn’t lief for Main Street. The reason I men- has become law, 1,700 banks have been have a fancy cash flow statement. He tion this is that back when we were de- shut down. Most of these are commu- doesn’t have a fancy work plan. But bating this regulatory system that was nity banks and regional banks—enti- you know that this guy has never not put into place that we are now trying ties that had nothing whatsoever to do paid a bill. He owes nobody any money. to rightsize and correct, I had held a with the financial situation in 2008. That is part of his character—who he news conference on Main Street in While some in this body may see that is. He never cheats anyone. He fixes the Boise, ID. I had said: This legislation is as encouraging signs that Big Govern- plumbing. He fixes the furnace, and it being promoted as targeting Wall ment is now getting more control of stays fixed. He doesn’t ask for a lot in Street excesses, but the bulls-eye is on the lending principal in the banking in- return, but maybe he needs a new piece Main Street across this country, which dustry, I think they are misguided. I of equipment. Maybe he needs a new is what we are trying to fix today. think they are overlooking the reality car. He goes to the local lender. That So I just wanted to tell the Senator that these 1,700 banks aren’t the mas- may not pencil out. It may not be the how much I love her chart. sive big banks or the very few banks best loan they are going to make, but Ms. HEITKAMP. The Senator from that had responsibility in the 2008 fi- it is who they are, and it is what they Idaho can borrow it at any time. I have nancial crisis. These are local banks, contribute to that institution. no pride of authorship, and there is no credit unions, regional banks—the They give that guy the loan, not copyright on here. He may pass it banks supporting our Main Street, as based on any paperwork in that around. the Senator from North Dakota just re- shoebox. They give that guy the loan Mr. CRAPO. I will take the Senator minded us. They are providing small based on who they know he is. up on that. businesses with capital and sponsoring Then, there is the other guy in the I yield to the Senator from Georgia. Little League Baseball games. small town who comes in. He may have Mr. PERDUE. Mr. President, I thank I grew up in Little League, as many a fancy cash flow statement, and he the Senator and am honored to follow Senators here did—and in softball may have a wonderful statement of net my good friend from North Dakota. leagues and so forth. Right there in worth that he can present to the bank. It took courage for the Senator from center field was The Citizens State Yet one thing the banker knows North Dakota to be a leader on this Bank sign, for, every year, they were about him is that there may be some issue in committee. The Banking Com- involved in that effort in that commu- unpaid bills and that he may be the mittee fought hard and long on this nity. Yet, for nearly 8 years, those guy who takes out a loan but then issue. I think there were 30 amend- same small town entities have been wants to negotiate 80 cents on the dol- ments that we discussed and voted on hammered by Big Government regula- lar. in coming to this bill that we are tions that had been enacted by the

VerDate Sep 11 2014 01:09 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.019 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1355 Dodd-Frank Act. Credit unions, com- Look, we are not trying to blow up example of what people back home ex- munity banks, regional banks were Dodd-Frank. Many of us have taken a pect us to do up here—our job. No, it is simply not responsible for the financial big step back in terms of what we not perfect from my perspective. It is crisis of 2008, period. None of the draco- think we need to do in terms of grow- not perfect from the Senator from nian rules put on them make them ing the economy in order to accommo- North Dakota’s perspective, but do you safer today than they were in 2007. date this bill. I think there are some 14 know what? Between us, there is com- These onerous rules have subjected cosponsors on the other side of the mon ground, and we have found it. This these small lenders to the same regula- aisle, and I applaud them for the cour- bill will bring relief to rural commu- tion and compliance costs to which the age that it has taken to work with us nities and help small businesses, which major four or five banks are now being to get to a bill on which we both give will, in turn, grow our economy—some- subjected. Overall, it is estimated that and take. In the Senate, the No. 1 criti- thing that both sides want dearly. This compliance costs for community banks cism we get back home is: Why can’t bill also preserves and improves con- have risen by at least 20 percent, but I you guys work together to get any- sumer credit protections. think it is much higher than that. thing done? Here is a shining example. A vote on this plan is a vote for Main I met with a regional bank just this If we can get it across the finish line Street growth, obviously. It is a vote morning from Georgia, and their com- here and get a vote on this, we may for rural communities and small busi- pliance costs have gone up $400 million have a tremendous example that will nesses. It is a vote for people who work because of Dodd-Frank. That is money have a dramatic impact on Main Street with their local banks to secure capital that could be in the community in the back home. so that they can keep building the form of loans; yet it is now coming in Small banks tend to spend too much American dream. the form of higher compliance costs. time and resources dealing with the I commend my colleagues on both Some of those are fines, by the way, regulation and compliance costs that sides of the aisle for coming together coming from the Federal Government this Dodd-Frank law has created. Put in support of this bipartisan effort, and up here. That is another topic for an- simply, Dodd-Frank is just another I encourage every Member of this body other day that we don’t address in this one-size-fits-all, Washington bureau- to think seriously about this and to cratic policy that hurts the very people bill. support this bill in its final passage. This is eating up those small banks’ it claims to champion—the middle I thank the chairman of the Banking bottom lines and is discouraging some class and the working poor and those Committee, the Senator from Idaho. I banks from offering some services to communities that have the least access cannot tell him how much I appreciate their communities—services that small to capital to borrow. Fortunately, we his leadership. This has been a yeo- businesses and Main Street rely on for have an opportunity to do something man’s effort, and I am committed to capital every day as they try to grow. today to fix these problems. seeing this through, across the finish The Economic Growth, Regulatory What happens when a bank grows? line, and getting a vote on it this week. Relief, and Consumer Protection Act Lending grows. That means small busi- I thank him for his leadership. takes major steps to roll back Dodd- Mr. CRAPO. I thank very much the nesses grow. What happens when small Frank’s overreach. It will bring relief Senator from Georgia. businesses grow? Jobs are created. to the more than 5,000 community I next ask Senator CORKER if he Compliance costs run diametrically op- banks across the country. It will help would like to weigh in and let us know posite to that dynamic and do not in- free up capital for small businesses to his thoughts on this. crease or lower the risk. invest in our economy and put people Mr. CORKER. Mr. President, I will be The CFPB’s qualified mortgage rule to work. It will help minority-owned very brief as I know numbers of people is a perfect example. This rule has driv- banks, again, to provide a wider range here would like to speak to this bill, en many community banks actually of services. which will be an accomplishment for out of the mortgage lending business In my State, the Citizens Trust Bank us, and we greatly appreciate the Sen- altogether. So, while it was intended to is a minority-owned bank in Atlanta. ator’s leadership in making it happen. protect the consumer, yes, it protected Why is that important? You may have I was here when Dodd-Frank was the consumer all right. It protected heard of that bank. Martin Luther passed. I was on the Banking Com- him from being able to get a mortgage. King, Jr., was a customer of the Citi- mittee at that time. I didn’t support it. Government restrictions on recip- zens Trust Bank. Martin Luther King, The reason I didn’t support it is for the rocal deposits are what is at topic here Sr., served on its board. Many distin- many reasons and the many things we in this bill. Reciprocal deposits have guished Atlantans and Georgians have are doing today to correct it. created uncertainty around this crit- been customers and members of the Whenever regulation passes, it begins ical lifeline for community banks and board of this auspicious bank in Geor- at the targeted group, which, in this especially minority-owned banks that gia. Citizens Trust, though, has been case, was made up of the larger institu- have specialized in serving customers forced to draw back its entire mort- tions in our country which failed. with limited discretionary income and gage business because of the regulatory Then, over time, the regulatory proc- limited access to capital. Dodd-Frank costs that have been imposed by Dodd- esses seeped down to the smaller enti- is crippling the ability of community Frank. This is counterintuitive. ties, the smaller banks, that were banks and regional banks to serve Thanks to the action we are taking housed in the communities all across these communities. this week in the U.S. Senate, Citizens our respective States—the members of We recently heard from one commu- Trust will be able to grow its mortgage the Rotary Club, the Kiwanis Club, the nity bank in Georgia that has not even business again because of safe harbor Lions Clubs International, the Cham- established a residential mortgage de- provisions in this plan. ber of Commerce—the people who partment to serve the community be- Citizens Trust is not alone. Carver make things happen in our commu- cause of these draconian compliance Bank is a minority-owned bank that nities back home. We have ended up in regulations. Why isn’t it doing this? It has been serving Savannah, GA, for 90 a situation now in which our commu- is simply because the Federal Govern- years. The restrictions and regulatory nity banks and credit unions, which ment—the people in this room—decided uncertainty on reciprocal deposits have serve our communities and cause eco- a few years ago in the Dodd-Frank Act limited its resources. This bill we are nomic growth to occur, have these that they knew more about the free en- voting on this week will more than re- large back office operations that are terprise system, the capital formation move government restrictions on recip- spread over a smaller asset base. It has dynamic, the relationship between a rocal deposits, meaning Carver Bank made them noncompetitive and has lending entity and a borrowing entity, and Citizens Trust and many others made it very difficult for them to do and how all of that translates into jobs will have additional lending capacity the jobs we all cherish that they do and economic growth. Because of that, and lower compliance costs, which is back home, which is to help to grow we have ended up with this arcane another way to provide more capital to those economies. This bill is focused on Dodd-Frank rule that overregulates the community. them. these small regional and community This bill was written by both Demo- Senator TESTER, I know, has been fo- banks. crats and Republicans. It is a shining cused on this for many years, but what

VerDate Sep 11 2014 01:09 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.020 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1356 CONGRESSIONAL RECORD — SENATE March 6, 2018 we are doing here is giving relief to WARNER, we have struck a bipartisan Dodd-Frank has been successful, but, those institutions. It is about time. We agreement that is needed to provide an like all major bills, Dodd-Frank had have had enough time to see what economic boost for rural America. some unintended consequences. Since needs to happen. This was done in a bi- Folks from both parties put their dif- its passage, small business lending has partisan way, for which I am thankful. ferences aside. We negotiated from our declined by 41 percent. That is why our Mr. President, I would like to thank points of agreement, and we empha- bill is needed—to bring more capital to Senator CRAPO for his leadership here sized common ground. We kept work- Main Streets across America and to in working with people on both sides of ing toward our shared goal of strength- protect community banks from further the aisle to create a responsible bill ening America’s economy by providing consolidation. that is not an overreach. Some of the commonsense regulatory reform to Our bill provides small and midsized provisions of Dodd-Frank, we all know, small- and medium-sized banks, com- banks and credit unions with more are good. Some of them are good, and munity banks, and credit unions. flexibility to meet the unique needs of we are leaving many of those in place. During the committee process, this the communities they serve. It also At the same time, what we are doing is bill was marked up and debated for 7 provides our community banks with taking a very constructive step to hours. We voted on 36 amendments dur- much needed regulatory relief and cuts make sure that these smaller institu- ing an open amendment process. The the redtape to keep our local banks tions, which represent a very small chairman handled that committee competitive. It includes critical con- amount of the assets in our Nation but process incredibly professionally. sumer protection provisions to better have such outsized impact on the com- Since this bill was introduced in the protect our veterans, our seniors, and munities they are in, have the ability Banking Committee last year, it has tenants. This bipartisan bill makes it again to flourish and do the things that been strengthened by Senators who are easier for young families to purchase are necessary for our economies back not on that committee, and it has been their first home. It helps family farm- home to grow. endorsed by regulators, veterans ers and ranchers secure the capital I thank Senator CRAPO. I am proud to groups, and job creators from both par- they need to survive a tough year when be a part of this and a cosponsor. I ties. This bipartisan bill has support Mother Nature doesn’t cooperate. It thank Senator CRAPO for letting us be from folks of all walks of life and is co- helps small businesses and startups se- a part of it, and I hope that collec- sponsored by more than a quarter of cure the funding they need to grow tively we will ensure that this is a very this body because they know that re- their businesses and create more jobs. successful effort. form is desperately needed. It protects the small banks that serve I yield the floor. In my home State of Montana, prior as a cornerstone of rural communities (Mr. HOEVEN assumed the Chair.) to the financial crisis in 2008, there from being eaten alive by the big boys Mr. CRAPO. I thank Senator CORKER. were 72 chartered banks. Today that on Wall Street. I appreciate that. number has dropped to 49. What we In addition to banking reform, this Next, I would like to turn to my col- have seen in Montana is not unique bill strengthens the rights of con- league from the other side of the throughout this country. Across rural sumers. It provides consumers with un- aisle—another colleague from the America, bank consolidation is leaving limited free credit freezes and other side of the aisle, just showing the communities underserved. Community unfreezes. It prevents mortgage compa- bipartisanship we have here on this banks and credit unions didn’t cause nies from immediately kicking tenants bill—Senator TESTER from Montana. the financial crisis back in 2008, but out of their homes if a landlord is fore- Mr. TESTER. Mr. President, I thank they have suffered under a one-size- closed on. It increases safeguards Chairman CRAPO. I want to associate fits-all set of regulations specifically against fraud for veterans, Active-Duty myself with my good friend from Ten- designed to rein in the behavior on servicemembers, seniors, and children. Over the course of this debate, there nessee, Senator BOB CORKER. We al- Wall Street. As a result of complying are going to be some folks who come to ways say ‘‘good friend,’’ but the truth with these regulations, many of our this floor and peddle misinformation, is that Senator CORKER has truly been community bankers are hanging up so let me be clear about what this bill a good friend. We came to this body to- their hats, and our local banks are does not do. It does not roll back the gether, and he has exhibited uncom- being swallowed up by bigger banks. regulations on Wall Street’s fat cats. It mon common sense in this body time Ultimately, they will be swallowed up does not make structural changes to and again, and once again, he has by the folks on Wall Street. the Consumer Financial Protection Bu- today. I thank Senator CORKER for his Furthermore, when a community reau. It does not weaken or repeal the remarks about this bill. bank is bought out by a big bank, its Volcker rule for large banks. It does Mr. President, time and again over business model changes and it is no not change the way the Federal Re- the past year, I have been here on the longer tailored to fit that community. serve regulates foreign banks. It does Senate floor raising my concerns about Despite being a small portion of the not weaken efforts to combat lending the direction this body is heading—se- banking industry, community banks discrimination. cret backroom deals on the healthcare provide—listen to this—48 percent of I have already seen a lot of false- bill, a ‘‘take it or leave it’’ tax bill that the small business loans in this coun- hoods about this bill claimed out there, was dropped on our desks literally try, 15 percent of the residential mort- so I hope this debate stays grounded in hours before the vote, and the floor gage lending, 43 percent of farmland the facts, and the fact is that folks in time that has been wasted to score po- and farm lending, and 34 percent of rural America need this bill. litical points. Quite frankly, this dys- commercial real estate loans. These Take for instance the Community function has turned the world’s most banks are designed and built to serve Bank in Polson, MT. Polson’s popu- deliberative body into a shell of its their communities. lation is 5,000, and that might be gen- former self. Since the passage of Dodd-Frank, the erous. The Community Bank had faith- Folks in Washington have shied away number of banks in this country has fully served this community for dec- from the big debates and refused to declined by 14 percent, and in our State ades, but the regulations from Dodd- tackle the tough issues that are facing of Montana, with some quick math, it Frank were so burdensome on that hard-working Americans every day, is closer to 30 percent. If you are a small bank and so costly that it was but this week I am hopeful that can product of rural America like I am, you forced to sell out to a larger bank. change. know full well the consequences when a But it is not just Polson. Here is Today we begin the debate on the bi- bank leaves town. It is just a matter of what other folks in my State are say- partisan Economic Growth, Regulatory time before that community shrivels ing about the bill. A small credit union Relief, and Consumer Protection Act. up. Folks, something must be done. in Billings, MT, said: This bill is the product of years of bi- Eight years ago, during the dark As a small credit union, we spend a ridicu- partisan negotiations, hearings, and days of the financial crisis, I proudly lous amount of time complying with com- compromises. Under the leadership of supported Dodd-Frank. Dodd-Frank plex rules and I am pleased to see a bill that Chairman CRAPO and my good friends was needed to crack down on risky fi- would eliminate some of this red tape so I Senators HEITKAMP, DONNELLY, and nancial behavior. For the most part, can focus my resources on serving members.

VerDate Sep 11 2014 01:09 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.021 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1357 That was from Sydney El-Bakken, everybody’s opinion, respecting ranches—and in the absence of access manager of Homestead Federal Credit everybody’s opinion, and walking that to credit, the ability for us to continue Union in Billings, MT. line to allow for negotiations and hav- to earn a living in smalltown America This is a quote from another bank in ing a good bill as the final product. I disappears. Jordan, MT: don’t know what is going to be in the It was a sad day when the Banking Dodd-Frank has disproportionately af- final managers’ package, but I hope it Committee—now 3 years or so ago— fected small banks like mine who have lim- doesn’t change this bill dramatically passed Dodd-Frank reform legislation ited staff and resources to comply with the because I think this bill really fits the but did so with only Republican votes. regulations created by the bill. Prior to needs of our economy, especially in The sadness is that we were unable to Dodd-Frank’s passage, my bank was able to find common ground and make a dif- keep up with compliance regulations with rural America right now. With that, I would just say, look, we ference in a piece of legislation that one staff member. Now, in addition to our was passed in years gone by. We were one staff person, we also have outside com- have some work to do. Hopefully we pliance consultants that cost us over $23,000 can do it in a timely fashion and get unable to make the improvements that last year alone. this bill off to the House. Hopefully the were necessary, the changes, the alter- I am going to get back to that figure House doesn’t screw it up and we can ations that could make Dodd-Frank in a second. get it to the President’s desk for his work for rural America, that could limit its scope to Wall Street, not Main I have talked to many of my fellow bank- signature. ers who decided to sell to, or merge with, an- I yield the floor. Street. other bank. Almost every one of them has Mr. CRAPO. Mr. President, I thank I think when Dodd-Frank was passed told me that the regulatory burden was one my colleague from Montana, Senator and many of us voted against it, Re- of the main reasons for them to sell or TESTER. Earlier in my remarks, I said publicans were saying: We are going to merge. that this bill had been years in the repeal Dodd-Frank. That caused many The loss of small community banks is not making, and Senator TESTER is one of Democrats to say: We are not going to good for our country, our consumers, or our let you touch Dodd-Frank. So we have economy. This bill provides many remedies those who have been involved the en- tire time, helping us to get here, as are been at an impasse when Republicans to lessen the regulatory burden on small and Democrats alike know that this banks, which allow us to remain competi- Senator DONNELLY from Indiana and tive, viable, and able to serve the needs of Senator WARNER, who is here—he had legislation, Dodd-Frank, is causing se- our communities. to step out for just a second—and Sen- rious harm to places across the coun- The reason I bring up the $23,000 is ator HEITKAMP, who was here earlier. try. But we have gone to our corners. that there are some out there who may I now want to turn to one of our col- We have argued for full repeal, and you be listening and may say that $23,000 is leagues on the Republican side, Sen- have argued that we are not going to touch it. This is a good day in which we not even a rounding error in a lot of ator MORAN from Kansas, who also is businesses. Rex Phipps is the CEO of one of those who have been with us for have decided that it is neither one of Garfield County Bank in Jordan, MT. years, working to make sure we get those extremes. It is the idea that we Their total assets are $86 million. This this critically needed legislation to the can find the solutions to problems that is a small bank that is getting pounded floor. exist as a result of legislation that Congress approved. and that this bill is going to help in a Senator MORAN. This legislation is important, and it big, big way. Mr. MORAN. Mr. President, I thank matters. It is important because it I am going to tell you, I could go on the Senator from Idaho for his kind re- demonstrates that the Senate can func- reading the words of community bank- marks, and I join my colleagues in ex- tion in its proper form, that we can ac- ers and credit union leaders and busi- pressing our gratitude for his efforts to complish good, commonsense things. It nesses in Montana that support this make certain we are here today. What is also important because it will alter bill, but the bottom line is this: Folks a long time it has been to get us to this the landscape in the future for commu- sent us to the Senate to do something point. nities across Kansas and around the to help out the folks we represent. For This is important legislation, and we country. ought not suggest that because there is too long, this body has been dragged In rural America, we need access to into the mud, and as a result, we have such bipartisan support, that this is a credit. It is too often that access to had partisan and zero-sum policies and minor accomplishment. We come to- credit is only available from that zero-sum politics. Dysfunction has gether, it seems, on the small things smalltown lender—that local bank, kept this Congress from doing its job, around here, but on the big things, it that credit union—and they know the and part of that job is to fine-tune laws seems awfully impossible for us to community and know their borrowers. to ensure that regulation fits the risk. bridge the gap. Therefore, to suggest Earlier, one of my colleagues talked Enough is enough already. We must that what we are doing here today is about relationship banking. It is the do something. And I am proud to work nothing important would be a total banking system that many of us grew with 13 Republicans, 12 Democrats, and mistake,would be a fabrication of the up with, and it is the banking system 1 Independent who worked so hard to facts. that still works for us in smalltown compromise on this bill that I think If we are successful in passing this America. In the absence of the reforms works very well for rural America. The legislation and the House accepting it included in this legislation, the ability Economic Growth, Regulatory Relief, in a form that is acceptable to the Sen- of many of my banks in Kansas to and Consumer Protection Act is a jobs ate and having it signed by the Presi- make home loans will continue to be bill, and it is a much needed solution dent, this legislation will make a sig- absent. for the folks who power our local nificant and tremendous difference in For the years that I have been on the economies. I look forward to this America and especially on Main Street, Banking Committee, I have questioned week’s debate. in farms and small businesses across the examiners, the FDIC, the Comp- It is encouraging to see that the Sen- the country. troller of the Currency, and the State ate is back here doing the job we were A significant component of what I banking commissioners: What are you sent here to do. It is encouraging that am about in my work in the Senate is doing to make certain that the regula- we have a bill here that has gone trying to make certain that my col- tions don’t put out of business the through the process to gather public leagues from places that are not rural smalltown lenders who are so impor- input, gather bipartisan support, and it understand the rural nature of much of tant to the communities that I rep- is now on the floor so that we can de- America and understand how we do resent? bate it. I look forward to that debate, business and how things get done. It seems that we have gotten lip- and I hope that debate is based on the As has been indicated by many of my service: We have a committee. We have facts. colleagues, in smalltown America, a commission. We study these things. I want to say one more thing before nothing gets done without the support When you ask ‘‘What rule or regulation I yield the floor. We would not be here of your local financial institution. We have you eliminated?’’ there is never today without Chairman CRAPO. Chair- earn a living in much of Kansas by an answer that outlines that that has man CRAPO has done a fine job getting small businesses—by farms and happened.

VerDate Sep 11 2014 01:09 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.023 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1358 CONGRESSIONAL RECORD — SENATE March 6, 2018 Today, we are altering the oppor- month, nearly 80 percent of Clark This is a good day, and I commend tunity for the regulators to continue to County, KS, was consumed in a wild- my colleagues. It is a good day for the overregulate financial institutions that fire. It is a ranching community. Ash- Senate, to see us working together, Re- are only important to the communities land, the county seat, has a population publicans and Democrats, to reach a they serve, and if they have financial of 900. That is rural. That is the biggest result that will make a difference. It is challenges, it does not create a threat town in the county. As a result of those a good day for America. It is a good to the rest of our banking system or to fires, thousands of head of cattle were day for rural America. It is an oppor- our country’s economy and fiscal con- killed in the fire or had to be tunity for us to correct when we went dition. Relationship banking matters. euthanized. As you would think, there too far following the financial collapse Today we have a regulatory environ- was a terrible economic consequence to of 2008. ment in which bankers are fearful of the community. You would wonder, Thank you for the opportunity to making a home loan to a citizen within how do we recover? One of the things speak. I appreciate my colleagues, es- their community. If somebody wants to you would think about is, well, I can go pecially the chairman, the Senator buy a home or build a home, they are to my bank and borrow money to keep from Idaho, for his tremendous efforts told by their local bank: We can’t af- my farm or my cattle operation in in bringing us together and getting us ford the cost associated with the regu- business. But those cattlemen no to this point. lations for making these loans. We longer had any collateral. There was no Mr. CRAPO. Mr. President, I thank can’t afford the risk that if we make a collateral. You could not tell your the Senator from Kansas, Mr. MORAN, technical error, the financial con- banker: I pledge my cattle to repay the for his kind comments and especially sequences to our bank will be so great, loan. If I don’t repay the loan, you get for so clearly explaining the true bene- we will be out of the home loan busi- my cattle. The fire consumed their op- ficiaries of this legislation. ness. portunity to rebuild. There is a lot of talk about financial Who would ever expect to go to their The Presiding Officer is a member of institutions and even small banks and hometown bank and discover they the Agriculture Committee. He will be credit unions, but the real beneficiaries don’t make home loans? And it is not asked about the safety net that is in a are the borrowers. They are the small because there is not the opportunity to farm bill, and that is important to us. businesses and the individuals who live make a loan that will be repaid—the But the safety net that many farmers in small and rural communities across bank will make money, and the bor- and ranchers have in Kansas is the re- this country and, frankly, even in some rower will get the benefit of the loan— lationship they have with their banker, of our larger communities across this it is because, upon a mistake, the regu- who makes a decision. It is not based country. I thank you for explaining upon a computer program or that every lations are so onerous and so expensive that so well. ‘‘t’’ is crossed and every ‘‘i’’ is dotted. The first words in the name of this that the business decision is made not That banker makes a decision based bill are the ‘‘Economic Growth,’’ then that this person is not creditworthy upon the character and the relation- ‘‘Regulatory Relief, and Consumer Pro- but that the risk associated with the ship and the history. tection Bill.’’ regulations is so great that they can’t Many of our banks in Kansas are I would like to turn to Senator DON- make the loan. owned by families. They have been in NELLY from Indiana—another one of We need more banks, more financial the family for generations. The same is the giants in terms of sticking to it institutions making home loans in true of our farms and ranches. That re- and helping us get this important legis- more communities so that more people lationship allows a banker to make a lation drafted and moved to the floor. in rural American can access the loan even when there is no cattle due Mr. DONNELLY. Mr. President, I American dream. If we create a bank- to the result of a natural disaster. The want to thank Chairman CRAPO and my ing system in which the rules and regu- collateral is gone, but the banker good friend from Kansas, whose state- lations dictate that every ‘‘t’’ must be knows the family. He knows the his- ment is so similar to mine in many crossed and every ‘‘i’’ must be dotted, tory and knows whether this potential ways. and it is like you have a computer pro- borrower has character. They know In rural Indiana—you talked about gram and plug in the numbers and that if he or she makes a promise to relationship banking. That is, in many make a decision whether that local repay, that he or she will. ways, the heartbeat of a community. banker can make a loan, rural America All too often, those decisions have Our small businesses, our farms that will no longer be here. been taken away from those relation- are handed down from generation to For much of the time I have served in ship lenders and reside here in Wash- generation—you find the grandsons of Congress and tried to explain rural ington, DC, with a myriad of regulators our farmers dealing with the grandsons America to my colleagues, I have indi- who are telling our bankers through of the person who developed the bank. cated that in communities that I rep- their examiners, through the examina- It is a privilege to be part of this. resent, it is often true that economic tion process, this is a loan you can’t I thank the chairman of the Banking development can be the difference be- make or this is a loan we will write for Committee, Senator CRAPO, for leading tween whether or not there is a grocery you. this debate and for his good-faith ef- store in town. Most people in Wash- Today, we make another step in the forts to make this a bipartisan process. ington, DC, don’t understand the na- process toward returning the ability As we debate the Economic Growth, ture of that small town. Is there a for smalltown America—its businesses, Regulatory Relief, and Consumer Pro- hardware store? Can the newspaper its farmers, and its ranchers—to have a tection Act, the Senate is on the verge continue to print newspapers and sell future. This is important legislation of doing something significant. We are enough advertising and subscriptions that will make a significant difference breaking through the gridlock on a bi- to make ends meet? When you lose in the future of communities and the partisan legislative package to reduce your grocery store, you begin to lose people who live in rural America and in unnecessary regulatory burdens on your home town. rural Kansas. Main Street banks and credit unions, What I have learned over time is that This is not about taking care of while also expanding protections for if only that local financial institution bankers. It is not about taking care of consumers, servicemembers, and vet- is making a loan, are we going to have credit unions. It is about taking care of erans. a grocery store in our town? That local the people they serve, their borrowers, This is an example of what we can relationship lender knows their com- and that means a bright future for the achieve when we work together. I am munity, knows their borrowers, and rest of rural America, for the other proud to have worked closely with my knows whether they have the character people who live in the communities, friend the chairman, Senator CRAPO, to repay the loan. because access to credit determines among others, to craft this bipartisan I saw this happen recently, and we whether there is a grocery store in legislation that, as my friend Senator are experiencing this in Kansas again town or whether a farmer or a rancher TESTER mentioned—13 Republicans, 12 this month. Wildfires are consuming can borrow money to keep their busi- Democrats, 1 Independent. acres of land across rural Kansas. Our ness going, to keep their farm or ranch I have worked on this issue since I grasslands are burning. A year ago this going. came to the Senate in 2013. This bill is

VerDate Sep 11 2014 01:09 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.026 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1359 the result of dozens of meetings, Bank- emption to allow consumers to receive cutting some of the excessive regula- ing Committee hearings, and a 71⁄2-hour general financing information from a tions on community banks and credit committee markup, where more than manufacturer, while creating new dis- unions, as well as a number of the con- 100 amendments from both sides were closures to prevent conflicts of interest sumer protection items and others that filed, and 36 were considered and voted and prohibiting retailers from directly have been put forward. It also provides on. This bill is carefully written and advising consumers on financial trans- some relief for regional banks and, as narrowly tailored. actions. mentioned, major expansion of con- This commonsense legislation is in- This legislation has broad bipartisan sumer protections. tended to help Main Street community support, it maintains strong financial Let me also step back. As somebody banks and local credit unions to focus oversight, and it adds new consumer who got to the Senate right after the more on traditional banking—our protections. It is reasonable, it is bal- financial crisis, we all know the system small businesses, our farms, our fami- anced, and it is the result of very needed stronger financial reform a dec- lies—while maintaining the safety and thoughtful negotiation and hard work. ade ago, and I am very proud of the soundness of our financial system. I am very hopeful it will pass the Sen- role I played, in some small way, on In rural areas and in many towns ate soon. drafting Dodd-Frank. Title I and title across my beloved home State of Indi- Again, I thank our chairman, Sen- II were areas that then-Chairman Dodd ana, Main Street community banks ator CRAPO, for his bipartisan work, for gave me a great deal of responsibility. and credit unions are the institutions his willingness to be flexible, to stay Let me be clear that I will do nothing that Hoosiers turn to—whether it is a with it when it looked so difficult to and support no legislation that seri- family seeking a mortgage for their get done. As a result, there are families ously undermines or cuts back on the first home to make their dreams come who are going to be in homes for the provisions and the systemic protec- true or an entrepreneur with a dream first time from loans they were able to tions that were put in place by title I who is looking to start a small busi- get from a banker who knew them in and title II and, for that matter, for all ness, create more jobs, and make his or town, who, when every computer pro- of Dodd-Frank, but 8 years later—2 her community grow. gram showed something different, they years it took us to do the bill—there is Unfortunately, the 103 community knew the family was worth investing widespread agreement that some of the banks and 154 credit unions in Indiana in. That is what this bill is going to do. standards we set in Dodd-Frank needed have been unintentionally burdened by I very much thank the chairman. time for review. rules and regulations that were in- Mr. CRAPO. Mr. President, I very One of those was the standard we put tended to hold Wall Street account- much thank Senator DONNELLY. I truly in place at the $50 billion threshold for able, to make sure they would never appreciate the Senator’s solid, strong, enhanced prudential standards. We damage our economy again. Since 2008, and continued commitment to making know, 8 years later, that number is just the number of small business loans is this bill work, come to be a reality, too low. There is a legitimate debate down 41 percent nationally. That is ac- and now helping to get it across the about where that standard should be cording to our Federal banking regu- floor of the Senate. The Senator truly reset, but recognizing that this stand- lators. is appreciated. ard was set 8 years ago at $50 billion, if This package includes a number of Next, I turn to my good friend and you just take inflation and growth in important new consumer protections another great colleague on the Demo- the economy, it would be dramatically as well, including for servicemembers, cratic side of the aisle, Senator WAR- different. That is a view shared by Fed- as I mentioned, for veterans, seniors, NER from Virginia, another one of eral Reserve Gov. Dan Tarullo, who is and tenants. those who has consistently been there the architect of much of the legislation One provision is based on my bipar- for years working to help us get to implementing Dodd-Frank. It is also tisan Protecting Veterans Credit Act. these solutions and to get them right. the view of former Federal Reserve It ensures that veterans are not wrong- Senator WARNER. Chair Janet Yellen and current Reserve ly penalized when the Department of Mr. WARNER. I thank the distin- Chair Jay Powell. Veterans Affairs is late in paying a guished chair. The fact is, there is an awful lot of vet’s medical bills. Mr. President, first of all, let me difference even between some of these In response to Equifax’s massive data thank my good friend, the Senator In- regional banks and some of the largest breach and other data breaches, for the diana, for his great work on this and six banks in our country. At this point, first time, every American—let me re- actually getting rid of half of my they still control about 60 percent of peat that—every American would be speech. I think he started to go all total assets. able to freeze and unfreeze their credit through, in very good detail, a number If we don’t do this legislation, what free of charge and set year-long fraud of the new consumer protections that we will see—and this is where, again, I alerts. are put into this legislation, and a lot have to disagree with some of my This bill also provides free credit of that is due to his good work. Democratic colleagues—is there will be monitoring for all Active-Duty service- The truth is, in a few days, we may more pressure on consolidation, not members. actually do something that hasn’t been only for community banks and credit This makes a big difference. It helps seen in a really long time—the Senate unions but, for that matter, more con- folks like Cpl Logan Hartz, a Hoosier, producing a meaningful piece of legis- solidation among regional banks, who serves proudly in the U.S. Marine lation with a strong bipartisan coali- which will place more and more power Corps. He was training at Camp tion. in those largest of institutions, where I Lejeune when he learned his personal Now, neither side got everything think we have pretty good protections information may have been com- they wanted. I compliment the chair- and protections that we don’t want promised by Equifax. He said it was man for his good work, but as my back at all in this legislation, but I really stressful to try to figure out friend from Indiana—you should have don’t think we ought to encourage that what to do and challenging to get his seen the original list of wants of the greater consolidation. So, again, we credit frozen. Corporal Hartz says the Senator from Idaho. The truth is, we focus not only on community banks free credit monitoring in this bill are only here because, at the end of the and credit unions but also on some of would provide peace of mind to service- day, we all went back and recognized these regional banks. members like him whose first focus is the people we work for—our constitu- I want to make clear, what we have on protecting our country. ents in our respective States and, for done is make no changes to the appli- I also want to highlight another pro- that matter, Americans at large—one, cability of enhanced prudential stand- vision I authored on manufactured they want to see the Senate work; and, ards for the big banks with assets housing, which serves as a vital source two, they want to see it work in a above $250 billion. These are both the of affordable housing not only in Indi- meaningful way to protect people’s largest and, in many ways, because of ana but across our country, particu- lives. What this legislation will do is, some of their products, the riskiest fi- larly in rural and underserved commu- bottom line, make sure there is more nancial institutions, and the full set of nities. This effort provides a narrow ex- access to capital on Main Street by postcrisis regulations should apply to

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I want to standards, and those enhanced pruden- tody banks—this exclusion for custody highlight that the bill actually sets a tial standards will continue to apply to banks, those assets deposited within a very low bar for the Fed to apply en- these largest and systemic important central bank, such as the Fed, while we hanced standards to regional banks. foreign banks, and the Fed will con- are carving out this one exclusion, it Under the bill, the Fed can apply en- tinue to have the authority to apply does not mean that I support removing hanced prudential standards to a bank these enhanced prudential standards on other assets from the calculation of with assets larger than $100 billion for foreign banks with total consolidated that leverage ratio. financial stability reasons or to pro- assets of more than $100 billion. Again, there is widespread agreement mote the safety and soundness of the So a large foreign bank—let’s say from former Governor Tarullo to cur- bank—part of their traditional pruden- Deutsche Bank, for example, that had rent Chair Powell that the leverage tial regulations as they stand, but I problems recently—that may have only ratio should not be the binding capital don’t think every enhanced prudential $100 billion or less than $250 billion of constraint on custody banks because of standard should apply to every bank American assets, but the fact that a unique business model that relies on with assets larger than $100 billion. their consolidated balance sheet has less risky business. There is a broad agreement that stand- greater than $250 billion will mean that When the leverage ratio is the bind- ards should be tailored for this group. the Fed will continue to enhance the ing constraint on a business, it encour- Again, let me cite someone whom full G-SIB regulation. ages actually riskier activity and re- most of the folks on this side of the Again, let’s move to Chairman Pow- wards making bets that tend to de- aisle, myself included, have a great ell. He was approved by 84 Senators to crease, rather than increase, safety and deal of respect for: former Fed Chair this post—40 Democrats. He made clear soundness. That gives the wrong incen- Janet Yellen. She called this bill ‘‘a in his Banking Committee testimony tive. This bill will fix the narrow prob- move in a direction that we think that the Fed requires establishment of lem that exists for custody banks and would be good.’’ intermediate holding companies by goes no further. More recently, Chairman Powell tes- certain foreign banking organizations I personally say that I would have no tified that the Fed will implement independently of Dodd-Frank. Chair support for any movement further than standards over the next 18 months for Powell made clear that nothing in this what is narrowly carved out in this banks with assets between $100 billion bill requires any change to the IHC re- bill. and $250 billion. Chairman Powell also quirement. This is by design, as we be- I know my friend the Senator from testified that the regional banks will lieve the IHC requirement is an impor- Vermont is here, and he will have a dif- continue to be subject to the most im- tant innovation that greatly helps ferent opinion on some of these issues, portant enhanced prudential standard: international holding companies. For but I want to again thank Senator meaningful, strong, and frequent stress those keeping track of these com- CRAPO. As well, I do hope we will have tests. Those are his words, not mine. ments, it is an important innovation a chance to enter into further colloquy He called himself a strong believer in that greatly helps the Federal Reserve on this debate and to further make stress testing. Again, let me say, so am clear for the record both his and my I. supervise and apply enhanced pruden- Critically, again, this bill does not tial standards to the U.S. operations of support for strong capital, that our change the existing requirement that foreign banks. system is stronger and, particularly for the Fed conduct annual stress tests on As explained by the Federal Reserve the largest institutions, that nothing banks with assets larger than $250 bil- in its final rule, in applying enhanced we are doing will reverse keeping lion. I know I am getting into a lot of prudential standards to foreign bank- American banks the strongest in the details, but details in banking regula- ing organizations, there were unique fi- world. tions are important. Again, unfortu- nancial stability issues associated with I know there are strong opinions on nately, I don’t think some of my col- some of the large foreign banks’ oper- the other side. I look forward to the leagues who are in opposition to the ations in the United States during the continued debate. I look forward to a bill are setting out what this bill truly crisis. managers’ package that I believe will does or doesn’t do. We remember that it was some of the actually continue to expand certain Again, let me point out another foreign banks and operations in the areas around consumer protections and thing on stress tests. The bill also does United States that were part of causing other areas where there is broad-based not alter the comprehensive capital the crisis back in 2008, and those en- general agreement. I look forward to analysis and review or what banking hanced standards need to stay in place. the conclusion of this debate and an regulators call the CCAR process. The In that final rule and in other rules amendment process that again allows Fed capital planning process is actu- implementing prudential requirements other issues to be vetted. ally not part of Dodd-Frank, but it is for the intermediate holding companies With that, I thank the chairman, and another core pillar of the Fed’s super- of foreign banks, the Federal Reserve I look forward to further discussions. visory regime. We believe it should has distinguished between which stand- Mr. CRAPO. Mr. President, I thank continue to apply as much as it does ards should apply to U.S. banks and the Senator WARNER, my good friend and today. IHCs of foreign banks and how they colleague from Virginia. I see that Sen- So for banks within this $100 billion should apply it. ator SANDERS from Vermont is here to $250 billion range, you have not only The Federal Reserve remains fully and the time has arrived for his time CCAR, but you have the chairman him- capable of assessing the unique risks on the floor. self saying he will put in place—some- associated with large foreign banks’ I will just conclude by saying that I what similar to the existing DFAST U.S. operations and applying appro- agree with Senator WARNER. We both stress test—meaningful, strong, and priate enhanced prudential standards support strong capital standards for frequent stress tests. As has been men- on these institutions and their IHCs, our banks. I have a pretty solid, long tioned as well, banks with assets above giving due regard to the principle of speech on that that I was going to give $250 billion should expect to have the competitive equality, while remaining if there was time. I will give it later. annual stress test. focused on the mandate under this bill I agree with Senator WARNER that Let me touch on another subject, for- and under section 165 of Dodd-Frank to one thing we need to make clear is that eign banks. Another thing this bill protect financial stability and safety the foreign banks with $250 billion in does not do is change the enhanced and soundness. global consolidated assets will con- prudential standards applied to the This is the final point I want to tinue and still be subject to enhanced largest foreign banks’ U.S. operations. make. I also want to make clear that standards. Our bill does nothing to This gets pretty technical, but I think my support for section 402 in this bill— change that. for the record it is important that it is again, which deals with a technical Mr. WARNER. Mr. President, if I reflected. issue but a very important issue, the could ask the Senator a question—we

VerDate Sep 11 2014 02:30 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.028 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1361 may come back for a more formal col- and say: Bernie, we have to deregulate stopped working altogether because loquy at some point. We are working 25 of the largest banks in this country they could not find employment. on some additional language to further with cumulative assets of $3.5 trillion. Fifteen million families, as a result reinforce this point. No one has ever come up to me and of that financial crisis, lost their I thank the chairman for his good said that is a major priority for the homes to foreclosure as more and more work on this bill. I am thankful for the American people. No one has ever sug- people could not afford to pay their fact that the legislative RECORD will gested to me that instead of talking mortgages. Thousands of Americans reflect at least this short conversation this week about and moving forward on set up tent cities in Sacramento, Fres- and other speeches and conversations gun safety legislation or the DACA no, Tampa Bay, and Reno because they which recognize that a consolidated issue or the high cost of prescription had no place left to live. balance sheet of foreign banks, if they drugs, we should be here on the floor of As a result of the illegal behavior of only have $100 billion in assets in the the U.S. Senate talking about the Wall Street, American households lost United States but $1 trillion in total needs of some of the largest banks in over $13 trillion in savings, which shat- assets, will still be subject to the en- this country. But that is precisely tered retirement dreams, wiped out life hanced prudential standards. what the Senate will be discussing this savings, and made it impossible for Again, I thank the chairman and week and probably next week as well. parents to send their kids to college. look forward to continued debate. If you want to know why the Amer- That is what Wall Street did 10 years Mr. CRAPO. I thank the Senator ican people, in very, very strong num- ago. Against my strong opposition from Virginia. bers, hold the U.S. Congress in con- then, Congress and the Federal Reserve I yield the floor. tempt, it is precisely because we have a provided the largest taxpayer bailout The PRESIDING OFFICER (Mr. Republican leadership that does ex- in the history of the world to these FLAKE). The Senator from Vermont. actly the opposite of what the Amer- huge banks because they were too big Mr. SANDERS. Mr. President, I get ican people want. And it is not just not to fail. around my own State of Vermont a lot. dealing with the DACA issue or dealing But now, 10 years later, hoping that In fact, I get around the country a lot. with the gun violence issue. Over the we forget all about that, these large fi- I hear from a lot of people and I talk to last year, despite the overwhelming ob- nancial institutions are back again. a lot of people about what is on their jections of the American people, Re- How pathetic is that? Just yesterday, minds. publican leadership tried to throw the Congressional Budget Office told us Needless to say, in these very com- some 32 million Americans off of that the legislation we are debating plicated and difficult times, there is a health insurance. Thank God we were today will ‘‘increase the likelihood lot the American people are concerned able to beat that back. that a large financial firm with assets about. They are concerned about gun At a time of massive income and of between $100 billion and $250 billion violence, and they want strong legisla- wealth inequality, the American people would fail.’’ That is from the CBO. tion to be passed as soon as possible to do not believe that the Koch brothers In other words, this legislation protect their kids and the American and other billionaires should receive makes it more likely that we will see people. massive tax breaks. That is exactly another financial crisis and makes it Overwhelmingly, they want legisla- what the Republican leadership pro- more likely that there will be another tion—over 80 percent of the American vided. huge taxpayer bailout and massive dis- people in poll after poll—want legisla- And on and on it goes. location of our economy. tion to protect the 1.8 million young The needs of the middle class and Under this bill, large banks with as- people who are eligible for the DACA working families are ignored while the sets of up to $250 billion will no longer Program. That is what people talk needs of the wealthy and powerful, in- have to submit comprehensive plans on about. cluding Wall Street, are addressed. winding down if they fail. They will no People talk about the high cost of Today, my Republican colleagues, longer have to hold sufficient capital healthcare, and they talk about the along with some Democrats, tell us in case their loans go bad. And they fact that they cannot afford prescrip- that what we should be doing right now may never have to undergo a stress tion drugs because the drug companies is spending our time on deregulating test to find out if they are adequately are ripping us off every single day. some of the largest banks in America. prepared to withstand an economic They talk about climate change and How absurd is that? Not gun violence, downturn. their fear about what kind of planet we not the DACA crisis, not the high cost Further, this legislation makes it are going to be leaving our kids and of prescription drugs, not 30 million easier for financial institutions to offer our grandchildren if we don’t trans- people without health insurance, but bogus subprime mortgages that caused form our energy system away from fos- deregulating some of the largest banks so many Americans to suffer during sil fuel. in America. the 2008 financial crisis. The people I talk to in Vermont and Are our memories so short that we This legislation makes it easier for throughout the country talk about our learned nothing from the 2008 Wall large banks to steer African Ameri- crumbling infrastructure. Street crash? Have we learned nothing cans, Hispanics, and the elderly into They talk about the need for decent- from the savings and loan disaster of mortgages with high interest rates and paying jobs. the early 1990s or the thievery of Wells hidden fees. They talk about the high cost of a Fargo over the last couple of years or This legislation deregulates foreign college education. I just talked to a the dishonesty of Equifax or the ac- banks like Deutsche Bank—a bank teacher the other day in Wisconsin. counting fraud at Enron and Arthur that in January of 2017 agreed to a $7.2 She had tears in our eyes because she Anderson or the failure of long-term billion settlement for selling toxic cannot afford to send her own daughter capital management or the billions of mortgages during the financial crisis. to college. I talk, every day it seems, dollars in fines that financial institu- This legislation guts the Volker rule, to people who graduate from college, tion after financial institution has paid allowing banks all over this country to $30,000, $50,000, $100,000 in debt, and out for illegal or deceptive activities? gamble with the bank deposits of their they wonder how that debt will impact Just 10 years ago, as a result of the customers on risky derivative schemes the rest of their lives. greed and the recklessness and the ille- that were at the heart of the financial I talk to people in Vermont and gal behavior on Wall Street, this coun- meltdown. around the country about the childcare try was plunged into the worst eco- Let us be very clear. The major crisis that we have and about the lack nomic crisis since the Great Depres- banks that we are deregulating in this of affordable housing and about a mil- sion. The official unemployment rate bill were forced to pay over $49 billion lion other issues that are on the minds shot up to 10 percent and the real un- in fines for a wide variety of fraudulent of people in Arizona, in Vermont, and employment rate jumped to over 17 and deceptive activity. These very all across this country. percent. At the height of the financial same banks received a taxpayer bailout But I can honestly say that I have crisis, more than 27 million Americans of $47 billion from the Treasury and not heard one person come up to me were unemployed, underemployed, or trillions in financial assistance from

VerDate Sep 11 2014 02:30 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.030 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1362 CONGRESSIONAL RECORD — SENATE March 6, 2018 the Federal Reserve. Many of these stitutions—quite the contrary. If a fi- ondary Education Act to hire more banks, it should be pointed out, like nancial institution is too big to fail, in counselors. Wall Street in general, have enjoyed my view, it is too big to exist. Now is About a fifth of all children age 9 to record-breaking profits over the last 2 the time to take on the greed and 17 have ‘‘a diagnosable mental or ad- years. They are not coming here be- power of Wall Street and break up the dictive disorder that causes at least cause they are losing money. Over the largest financial institutions in this minimal impairment.’’ In the 2014-to- last 2 years, most of these banks have country, and I will be introducing an 2015 school year, there was a counselor- done very, very well. amendment to this bill to do just that. to-student ratio of 482 to 1, while the So how does it happen that Congress I understand fully, as the American American School Counselor Associa- finds itself worrying about the needs of people do, the power of Wall Street and tion recommends a counselor-to-stu- huge financial institutions but ignores the huge amounts of money they spend dent ratio of 250 to 1. This bill would the concerns of ordinary Americans? on campaign contributions and lob- help schools make up that difference. The answer, as I think most Americans bying. That should not, however, in- No. 2, make it clear that schools can understand, has everything to do with timidate us. Now is the time for us to use federal funding they are already re- following the money. Follow the have the courage to stand up to these ceiving through titles II and IV under money. very wealthy and powerful institu- the Every Student Succeeds Act to im- Since the 1990s, the financial sector tions, defeat this legislation, and sup- prove the professional development of has given more than $3.2 billion in port the needs of the American people. school counselors and to improve the campaign contributions and last year The PRESIDING OFFICER. The Sen- school safety infrastructure, including alone spent over $200 million on lob- ator from Tennessee. installing new alarm systems, improv- bying. If you want to hear about the corrup- SCHOOL SAFETY AND MENTAL HEALTH SERVICES ing entrances and exits of schools, in- tion of the American political system, here Mr. ALEXANDER. Mr. President, stalling security cameras, and other in- it is. Since the 1990s, the financial sector has later this week Senators Blunt, Cas- frastructure upgrades. given more than $3.2 billion in campaign con- No. 3, our bill renews and updates a sidy, Collins, Roberts, and Young will tributions and last year alone spent over $200 law to expand a successful program join me in introducing the School Safe- million on lobbying. That is why Congress that helped to train education per- ty and Mental Health Services Im- will be spending day after day trying to sonnel and ensure children have the provement Act. make life easier for these large financial in- services they need after a violent inci- stitutions, while at the same time ignoring Three weeks ago, 14 high school stu- dent. This program was piloted after the needs of working families. dents, a teacher, a coach, and an ath- the shooting in Newtown, CT, and has No, we can’t get a bill on the floor of letic director were killed at Marjory shown to be effective. the Senate that will lower the cost of Stoneman Douglas High School in prescription drugs. We can’t do that. No. 4, create an interagency task Parkland, FL. As the authorities tried force led by the Secretary of Edu- The American people overwhelmingly to get to the bottom of exactly what want us to act on gun violence. We cation, with the Departments of Health happened in the shooting, many of us and Human Services, Justice, Home- can’t do that. We are not able to pro- in local, state, and federal government land Security, Interior, and Defense, to tect the 1.8 million young people who have been looking at what can be done make recommendations—not man- are eligible for the DACA Program. We to help keep students safe at school. dates; recommendations—on best prac- can’t do that. But we can spend a week We can’t stand still and do nothing tices, policies, and procedures to im- or two worrying about the needs of while our children are being killed. prove school safety and school safety some of the largest financial institu- I am the chairman of the Senate infrastructure. tions in this country. And that is why Health and Education Committee and This bill would encourage and rein- the American people are disgusted with sponsor, with Senator MURRAY, of the force for Tennessee and for all other what goes on in Washington, DC. Every Student Succeeds Act of 2015, States that Federal dollars may be I have a radical idea, and that is that which reauthorized the law overseeing used to hire more counselors, psycholo- maybe—just maybe—instead of listen- kindergarten, elementary, and sec- gists, and other mental health profes- ing to the lobbyists here in DC, maybe ondary education. I also sponsored sionals at schools; to build safety infra- we should listen to the American peo- with Senator MURRAY the 21st Century structure—such as securing doors, ple, who believe that we should Cures Act of 2016, which made the first automatic locks, and smart en- strengthen, not weaken, Wall Street major mental health reforms in a dec- trances—to prevent intruders; and to regulations. ade, focusing the federal government’s develop mental health programs to Believe it or not—of course we are efforts on early intervention. identify children who might be dan- not going to hear any discussion of this The bill I am introducing this week gerous to other children. at all—believe it or not, the four larg- with several of my colleagues will help While most of the responsibility for est banks in America are, on average, States use every federal dollar avail- improving the safety of our schools and 80 percent bigger today than they were able to them to keep their schools safer the environment or climate of our before we bailed them out because they from violence and have the mental schools rests with local and State offi- were too big to fail. Incredibly, the six health services they need. This is com- cials, the federal government has a role largest banks in America—this is plementary to a bill Senator HATCH in- to play. wealth. This is power. This is who owns troduced this week that addresses pro- In conclusion, in addition to the poli- America. The six largest banks in grams in the Judiciary Committee to cies in this bill that I described, I sup- America have over $10 trillion in as- improve school safety and stop school port President Trump’s directive to the sets—six banks, $10 trillion—equivalent violence. Department of Justice to craft regula- to 54 percent of the GDP of this Nation. There are 100,000 public schools in the tions to ban so-called ‘‘bump stocks,’’ The six largest banks hold more than United States, and most of the respon- which have the effect of making a half of all credit card debt, control over sibility for making them safer for chil- semiautomatic firearm function more 90 percent of all bank derivatives, un- dren lies with the State and local gov- like an automatic firearm. derwrite a third of all mortgages, and ernments and families and commu- I, along with 49 other Senators, have control over 40 percent of all bank de- nities that provide 90 percent of school cosponsored bipartisan legislation to posits. If any of these financial institu- funding. But the Federal Government have more effective background tions were to get into financial trouble can and should help create an environ- checks. This legislation, sponsored by again, there is no doubt in my mind ment where communities, school Senator MURPHY and Senator CORNYN, that once again the taxpayers of this boards, and States can create safer would ensure that Federal agencies and country would be asked to bail them schools. States get information about individ- out—except this time, the bailout Under this bill, the Federal Govern- uals who should be prohibited from might be even larger than it was in ment can help in the following four buying a gun through the National In- 2008. ways: stant Background Check System. Now is not the time to be talking No. 1, allow schools to use title II I hope my colleagues will cosponsor about deregulating large financial in- funding under the Elementary and Sec- and support our legislation to help

VerDate Sep 11 2014 02:30 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.031 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1363 States use every Federal resource My mother usually picked me up nancial records to make sure you can available to them to keep their schools from school in our bronze, two-toned repay the loan. That is good. American safer from violence and have the men- station wagon, and one day she showed families don’t want to take out loans tal health services they need. up driving the old, off-white Stude- they can’t afford, and banks don’t want Mr. President, I yield the floor. baker that daddy had been driving to make loans that can’t be repaid. The PRESIDING OFFICER. The Sen- back and forth to work. As I climbed Before the financial crisis, that ator from Massachusetts. into the car, I asked where our station whole process went haywire. Lenders Ms. WARREN. Mr. President, this wagon was. were making crazy loans with balloon week we are considering a bill to roll It is gone. payments and exotic features that con- back the rules on some of the biggest Gone where? sumers didn’t understand. Lenders banks in the country. Over the course Gone. didn’t care if their customers could of this week, I am going to be spending I just kept pushing. My mother was repay. Why? Because they got their a lot of time on the Senate floor talk- staring straight ahead, fingers tight on fees up front and then sold the loans to ing about the problems with this bill the steering wheel, and after one more distant investors, and the original and how it threatens working families ‘‘Where?’’ from me, she answered in a lender was long gone before the home- and American taxpayers, but I want to low voice: We couldn’t pay. They took owner got in trouble. But the families start by looking back to 2008 and the it. were stuck. Eventually, the payments reason we have these rules in the first The house was next in line. My fam- skyrocketed, and homeowners who place. ily was right on the brink of fore- couldn’t keep up defaulted and lost Ten years ago next week, Americans closure when my mom put on her best their homes. started holding our breaths. For years, dress, walked into the Sears, and land- After the crisis, Congress changed financial institutions had been riding ed a minimum-wage job. But that feel- the rules. They told lenders that they high, selling dangerous products to ing—the feeling of being on the brink, had to start underwriting their loans consumers, and making risky bets. All the feeling of no security, nothing again to protect consumers and the the while, Washington looked the other under your feet—is a feeling no family economy. But that takes time and way, cozying up to big banks, loosening in this country should have, especially money, so Congress told the Consumer rules left and right, and shrugging off not have it because Congress decided it Financial Protection Bureau to write a rules they couldn’t get rid of. And no was OK to let the big banks gamble rule that says that there is no need to wonder—the revolving door was spin- with the economy again. Yet here we investigate if the lender knows that it ning like crazy. Bank officials became are, on the verge of making the same is issuing a super-safe, boring, plain-va- regulators and then went back to the mistake Congress has made so many nilla loan. OK. That sounds reasonable. banks, getting richer and richer. Bank times before. But section 101 of this bill is not rea- profits were sky high and getting high- The banks don’t want you to know sonable. It takes the CFPB rule and er. what is in this bill because if you did But business built on scams and hype stretches it in all directions, tearing know, you would fight back. It was can’t grow forever. Ten years ago this open big, dangerous loopholes. This bill written by Senators in back rooms and month, Bear Stearns, an 85-year-old in- that is on the floor says: Banks, have jammed through the Banking Com- stitution on Wall Street, went belly up some fun out there. It says: Bring back mittee, where its authors voted down because of $46 billion in scam mort- the greatest hits of the financial crisis gages and other questionable invest- every single amendment, every single housing scams. Scoop up profits on the ments on its books. The failure gave idea to make the bill even one smidgen front end, and leave families holding the rest of the world a glimpse of Wall better or protect consumers just one the bag on the back end. Street’s addiction to risky bets. The tiny bit more. They voted against I understand breaks for banks that disease spread. It turned out that a lot every amendment, even if they agreed make straightforward loans, but these of other banks had invested heavily in with it, because Republicans and loans in this bill are too risky and they scam mortgages too. Investors pan- Democrats had locked arms to do the come at a bad time. Rising interest icked, sending the markets into a nose- bidding of the big banks. rates mean that exotic products like dive. There is a lot of dangerous stuff in adjustable rate mortgages are starting When the American economy fell off this bill. Today I want to focus on the to make a comeback. Bank lobbyists a cliff in 2008, American families got harm it will do to America’s con- are dragging us back to the bad old crushed. Almost 9 million people lost sumers, but I will start with what is days when banks had free reign to their jobs. Workers lost $2.6 trillion not in the bill because what is not in scam their customers. from their retirement accounts—about the bill should make Congress Here is another section. Section 104 25 percent of their savings for someone ashamed. Strong consumer protec- makes it harder to enforce anti-dis- who had been working for 20 years. In tions—that is what is not in this bill. crimination laws by telling loads of in- 2008 alone, foreclosures spiked 81 per- Banks get their wish list, but con- stitutions that they don’t have to com- cent, and 3.1 million notices went out sumers get next to nothing. This bill is ply with a law called the Home Mort- to homeowners across the country tell- called the Economic Growth, Regu- gage Disclosure Act, or HMDA. HMDA ing them they would lose their homes. latory Relief, and Consumer Protection requires most financial institutions to In a single year, 1 out of 54 homes in Act, but in all 148 pages, there are only tell the public and the CFPB who they the United States was in foreclosure. a few watered-down provisions to help are lending to and at what rates and Behind those enormous numbers were consumers. what terms. Regulators and law en- real people and real families whose Equifax loses data for nearly half of forcement then use that data to make lives were shaken up and turned upside all adults in America, lies about it, and sure that American families don’t have down, little kids who worried about this Congress, these Senators, still a harder time getting one of those where they were going to live, and big- can’t manage to pass a bill with some loans because of who they are or where ger kids who worried about whether teeth in it to hold the company ac- they come from. they would lose their chance to go to countable. That says it all. This bill takes a sledgehammer to college. This bill was written by big banks to HMDA by exempting 85 percent of I know that feeling. I lived in Okla- help big banks. It is not a bill to help banks from reporting HMDA data. If homa City, and my folks had picked American families who are still getting this bill passes, there will be entire out our house because it was right in- cheated by the companies that make communities in America where there side the boundary line of what my huge profits off them. will be no data whatsoever, which mother believed was the best school What is actually in this bill? Start means there will be no ability to mon- district in the county. Our lives seemed with the first part of the bill, section itor whether people are getting cheated to be on track right up until the day 101, ‘‘Improving Consumer Access to because of their race or their gender. my daddy had a heart attack, and then Mortgage Credit.’’ When you get a Once again, this couldn’t come at a it all started sliding sideways. He was mortgage, usually your lender spends worse time. Lending discrimination is out of work for a very long time. some time combing through your fi- real. A new, comprehensive report that

VerDate Sep 11 2014 02:30 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.033 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1364 CONGRESSIONAL RECORD — SENATE March 6, 2018 looked at housing markets all across You can probably guess the end of lenders who discriminate against their the country just came out from the the story. The Ackleys signed, the customers, and harder to police giant Center for Investigative Reporting and lender wouldn’t refinance, they lost all monopolies that build, sell, and offer Reveal, and its findings should make us the money they had put in up front, financing to mobile home buyers. Only all sick to our stomachs. and they lost their home. It turns out a bunch of bank lobbyists and their In 2015 and 2016, nearly two-thirds of that the homebuilder, the dealer, and friends in Washington would call this a mortgage lenders denied loans to peo- the mortgage lender—all three of consumer protection bill. ple of color at higher rates than for them—were owned by one company, American families weren’t in the White people. According to Reveal, in Clayton Homes. All the incentives were back room when this bill was written. the Washington metro area, ‘‘in 2016, to push the Ackleys into a loan they They don’t have millions of dollars in Native American applicants were 2.3 couldn’t afford because Clayton got the campaign cash to get Senators’ atten- times as likely to be denied a conven- purchase price, the commissions, and tion. They don’t keep an army of lob- tional home mortgage as white appli- the fees, and they got the mobile home byists on their payroll. No. American cants. For black applicants, it was 2.2 back again. No one was looking out for families are busy going to work, help- times as likely. For Latino applicants, the Ackleys. ing the kids with homework, and try- it was 1.9 times as likely. For Asian ap- The backers of this bill say that this ing to catch up on a thousand things. plicants, it was 1.6 times as likely. provision will help small lenders, but They are trying to pay off student The Reveal report showed that this the truth is that manufactured home loans or maybe save a little for their problem happens in giant banks and lending is mostly done by giant lenders own kids to go to college. Some are also in small banks. like Clayton. In fact, in 2013, Clayton trying to put aside a few bucks for a Here is the thing: None of that anal- alone—one company—provided 39 per- mortgage so they can buy a home. ysis—none of it—would have been pos- cent of mobile home loans. Savings They trust us to stand up for them and sible without HMDA data from big in- from rolling back these consumer pro- make sure they have a fair shot at stitutions and small ones. Without the tections would go right out of the home ownership, at the American data, we would all be sitting in the pockets of working families like the dark, wondering if maybe some mort- dream. They trust us to make sure we Ackleys and right into the pockets of gage lenders discriminated against Af- are not turning over the keys to our dealers like Clayton. rican Americans or women or Native economy to the same people who The Ackleys’ story is not unique. I crashed it 10 years ago and ran over a Americans, but we wouldn’t have any wish it were. These same problems hap- way to know. That means we wouldn’t bunch of American families on the pen all over the country, and they are way. have any way to change it if it was exacerbated by the special characteris- happening. Gutting HMDA allows us— I know we are outnumbered, but this tics of mobile homes. The lifespan of a actually forces us—to look the other fight isn’t over. Make no mistake—I manufactured home is shorter than a way when discrimination happens, and am going to do whatever I can to con- traditional home. That means the pur- that is disgraceful. vince enough other Senators that this There is one more section in this bill chaser may not be able to take out eq- is a bad deal for American families and that really hurts consumers; that is, uity by reselling it. a dangerous one. I will push and I will A woman from Oklahoma told the section 107, ‘‘Protecting Access to Man- tug and I will talk to anyone who will CFPB: ufactured Homes.’’ Eighteen million listen about how this bill will hurt the Americans live in manufactured I was given a loan for a single width mobile people we were sent here to represent. home through [a mortgage company]. They homes. Many are low-income, elderly, And maybe, just maybe, for once, the switched it to Green Tree and next to Senate will start listening to voters in- or disabled. It is a good option for Ditech. The home started deteriorating in 10 many Americans, especially in rural years and is now unsafe to live in, as I have stead of donors. areas, but it is very important to make had electrical problems and many of the Mr. President, I yield the floor. sure buyers don’t get scammed. pipes are broken where the bathtub and fau- I suggest the absence of a quorum. Under today’s law, mortgage lenders cets in the master bathroom are not func- The PRESIDING OFFICER (Mr. cannot steer a borrower toward a high- tioning. The floor under the shower has com- JOHNSON). The clerk will call the roll. er cost loan so the lender can get a pletely caved in, windows are crooked and The bill clerk proceeded to call the kickback. That is the law today but allow flies to get into the house in warm roll. weather. Most of the floors have buckled Mr. FLAKE. Mr. President, I ask not if this bill passes. Instead, the rules under the legs of furniture, and the rain has unanimous consent that the order for for mobile home lenders will be weaker caused the areas around the windows to the quorum call be rescinded. rules, and that means it will be much buckle. Walls are little more than cardboard. The PRESIDING OFFICER. Without easier to cheat buyers of mobile homes. I believe the flooring is waferboard and unfit objection, it is so ordered. Congress imposed strict requirements for floor foundation. on loan originators because Congress When I tried to trade this [model], the UNANIMOUS CONSENT REQUEST—H.R. 1551 knew most of us don’t buy a lot of dealer [] told me he couldn’t because the Mr. FLAKE. Mr. President, I have homes in our lifetime, and we rely on house is worth much less than what I owe been in Congress now for about 18 and that this sounded like a Predatory Mort- years—12 years in the House and now 6 the people helping us through the proc- gage Loan. He said that mobile homes do not ess to tell it straight. Owners of mobile in the Senate. It is an honor of a life- have 30 year mortgages because they don’t time, obviously, to represent Arizona homes deserve the same protection as last that long. He said my loan should have people who buy brick-and-mortar been a 15 year loan at the most. Also, right here. homes. They need that protection. before Ditech took the predatory loan over, After being here so long, I have to Abusive lending practices are ramp- they added about {$100.00} to my monthly say I get a little defensive when I hear ant in the manufactured housing indus- payments, which went from {$360.00} to somebody say that Congress is incapa- try. In 2015, the Seattle Times wrote {$460.00} a month. Ditech claims the {$100.00} ble of solving big problems. Yet it is a about Kirk and Patricia Ackley in Eph- is for insurance; however, as of yet they have hard point to argue after watching the rata, WA. Kirk worked construction, repaired nothing, although I have made sev- Senate squander the best opportunity eral claims. and Patricia worked at Walmart. They I was also told I should complain because we have had in a long time to pass leg- had already bought the foundation for when they put the mobile home on my prop- islation to protect young immigrants their new mobile home when they sat erty, they did not put it on a cement founda- who are impacted by an uncertain fu- down to close on their mortgage. What tion and instead put it on the ground, which ture of the DACA Program and to happened at closing? Surprise. The in- has caused the home to sink. strengthen security along the border. terest rate was higher than they had This bill is designed to make it easier Somehow, despite sweeping public sup- been told, and the payments were larg- for the lender/dealer to squeeze people port for both of these items, we have er than they could afford. The mort- like this woman from Oklahoma. been incapable of finding a compromise gage broker then convinced them to go This bill is a punch in the gut to that can garner the support of 60 Sen- ahead and sign up anyway, promising American consumers. If it passes, it ators. To say this has been a dis- that they could refinance that loan will be harder to police banks that sell appointment would be an understate- later on. abusive mortgages, harder to police ment.

VerDate Sep 11 2014 02:30 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.036 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1365 I do appreciate Majority Leader The Senator from Oklahoma. that one. Let’s get on it. Let’s resolve MCCONNELL’s attempt to facilitate an Mr. LANKFORD. Mr. President, I re- it long term, and let’s provide a sense open debate. I truly believe he wanted serve the right to object. There is no of permanency to this solution, not an- this process to provide the necessary question that I want to see legislative other temporary patch that will end up dialogue so as to deliver an effective solutions here, and I am actually glad being the same temporary patch we bipartisan solution. I am certainly not to stand with my colleague from Ari- will do 3 years from now, 3 years after alone in my efforts to forge genuine zona to talk about how we get a solu- that, and 3 years after that. consensus on these subjects. There are tion on this issue. May I remind our body that we are a lot of Senators on both sides of the As we have seen from Congress, espe- on our fourth continuing resolution aisle who want to fix this problem. Un- cially over the last 20 years, the chal- just this year. We need to resolve this fortunately, as too often happens, the lenge has been, if Congress does a tem- and take the moment to be able to do siren call of politics brought too many porary patch once, it will do it 20 times that. of us back into partisan trenches and again. My concern is for the 7,500 UNANIMOUS CONSENT REQUEST—H.R. 2579 blocked any hope of real results. DACA kids who are in my State of Mr. President, I ask unanimous con- There are teachers and students and Oklahoma. They are looking for an ac- sent that the Senator modify his re- members of the military who are DACA tual solution. They want a sense of per- quest so that the Senate resume con- recipients. They are friends and col- manence. Their status has been in sideration of H.R. 2579. I further ask leagues who represent the very best limbo since 2012. The question is, Can that the pending amendments be with- ideas of America. They are hard work- we actually resolve this for them? drawn with the exception of the Grass- ers and productive members of their I have put forward a presentation— ley amendment No. 1959. Finally, I ask families and communities. They don’t Senator FLAKE has been passionate that the Grassley amendment be have the luxury of being able to admit about this as well—for those individ- agreed to, the bill, as amended, be con- defeat and move on to the next topic. uals to actually end up toward natu- sidered read a third time and passed, Likewise, those of us from border ralization, not to have a temporary and the motion to reconsider be consid- States, like Arizona, know that law en- patch of just being in limbo status ered made and laid upon the table with forcement officers who are tasked with again. It would be to work them no intervening action or debate. patrolling the borders and protecting through a process to get them in a line The PRESIDING OFFICER. Does the our neighborhoods just can’t give up in which they actually end up in natu- Senator from Arizona wish to modify and go home. We have neighbors and ralization at the end of it. At the same his request? family members who simply cannot time, there would be border security Mr. FLAKE. Mr. President, reserving shrug off failure and accept the status and some other things that we think the right to object, let me just say that quo when it comes to securing the bor- would be connected to it. I would like we had a debate for a week, and I com- der. to see us work through this process to mend the Senator from Oklahoma for That is why I have introduced legis- actually get to a resolution. A couple his hard work on this topic and con- lation to extend DACA protections for of Federal courts have pushed back on structive contribution during that en- 3 years and to provide 3 years of in- the administration and have bought tire time. We considered several pro- creased funding for border security. I Congress a little more time to be able posals, one of which was this proposal, am the first to admit that this is far to resolve this issue. I would like for us the Grassley amendment. It did get bi- from a perfect solution, but it does pro- to use the better wisdom of that to ac- partisan support, but it still fell well vide a temporary fix to these crucial tually get to a solution during this short of the goal. I think there were 39 problems. It begins the process of im- time period. votes in favor. We had bipartisan sup- proving border security, and it ensures The goal is: How do we get this re- port for a countermeasure that I sup- that DACA recipients will not lose pro- solved? ported, but we failed to get the 60 votes tections and be left to face potential I am pleased to say the President has as well. We got only 54. deportation. moved a long way on this issue. The I would love to get a permanent solu- We in Congress have too regularly President has laid out naturalization tion. I have been working my entire 18 confused action with results and have for 1.8 million people, has dealt with years in this body to try to get com- been entirely too comfortable with ig- border security, and has engaged in a prehensive immigration reform noring problems when they seem too conversation to actually get it re- through. The problem is what has been difficult to actually solve. To put it as solved. We had a completely failed ef- proposed as an amendment here is, for bluntly as possible, this is not some- fort a couple of weeks ago with four all intents and purposes, comprehen- thing we can ignore any longer. different proposals coming up, with all sive immigration reform, which, in I thank Senator HEITKAMP for joining four of them getting bipartisan sup- moving ahead, would make changes to me as a cosponsor on this bill and for port, but with all four of them failing. the legal immigration structure. That illustrating that the drive to get some- I would love to see us get on any one of is, simply, too much to bite off at this thing done on these issues is a bipar- them and start amending it. time. tisan effort. She has been a trusted The Senator from Arizona and I have As much as I don’t like to do it, I am partner on border security and sensible already had conversations about offering something that is a stopgap, immigration reform measures. changes that I would like to see even in but at least it is for 3 years. At least it We may not be able to deliver a per- some of the bills that I supported, but will give 3 years to those who are af- manent solution to these problems, but the way to resolve that is get on one of fected and give us in Congress some we cannot completely abdicate the re- them. Let’s actually start amending time to actually come to a solution. sponsibility of Congress to solve them. one, and at the end of it, let’s let this What we cannot do is force these kids There are many people whose lives and body work its will. The frustration I through more uncertainty. I would love well-being depend on our ability to de- have had with this body in these 3 to get to a permanent solution. That is liver meaningful results here. short years that I have been here is, what I have tried to do for a number of Mr. President, I ask unanimous con- most of the time, we fail to even debate years here. I know the Senator from sent that the Senate proceed to the im- an issue. When it requires 60 votes to Oklahoma has, as well, but we just can- mediate consideration of Calendar No. even open debate on something, we not do it right now. 300, H.R. 1551. I further ask that the just, simply, start the process, never I prefer to simply go with the 3 for 3 Flake substitute amendment at the get 60, never debate it, never resolve it. amendment for which I am asking 3 desk be considered and agreed to, the Then this body just moves on to an- years of extended protections on DACA bill, as amended, be considered read a other topic. in exchange for 3 years of border secu- third time and passed, and the motion I commend my colleague from Ari- rity funding at the President’s request to reconsider be considered made and zona for reminding this body again for this year. I think that is a realistic laid upon the table. that we have an unanswered issue still proposal for which we can get bipar- The PRESIDING OFFICER. Is there sitting out there that needs to be re- tisan support here and in the House. I objection? solved. I agree with him completely on believe the White House can support it

VerDate Sep 11 2014 02:30 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.038 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1366 CONGRESSIONAL RECORD — SENATE March 6, 2018 as well. So I object to a modification of The time urgency is that it is fair to On that point, I believe there is broad the request. say there is a high probability that consensus, and on that point is where I The PRESIDING OFFICER. Objec- somewhere in America today there is think we should start. Let’s act. If tion to the modification is heard. someone like the killer in Parkland there is a law we can pass or a program Is there objection to the original re- who has ideas about doing something we can put in place to prevent one of quest? similar, and we do not have the luxury these things from happening, let’s do Mr. LANKFORD. I do object. of waiting until November or waiting it. Obviously, we may part ways on dif- The PRESIDING OFFICER. Objec- until next year before we act, espe- ferent views on the other parts of this, tion is heard. cially if there are things we agree on. but at least, for now, we are together The Senator from Florida. Something remarkable happened to get these things done. This is the GUN VIOLENCE over the weekend. Almost all of the 17 commonsense way forward. This is the Mr. RUBIO. Mr. President, since the families impacted by this horrifying way people operate in real life. tragedy 3 weeks ago tomorrow in Park- event came together and spent a sig- In real life, if you and another group land, FL, we have all, as a nation, had nificant amount of time meeting and of people agree on something, you do a conversation about how did this hap- talking because they wanted to issue a the thing you agree on first, you get pen, why did it happen, and what can joint statement as families. It was dif- that out of the way, and then you have we do to make sure something like this ficult because these families and some the debate and the vote on the things never happens again. As part of that of the people in these families have you may not have a consensus on. We conversation, we have spent a signifi- very different views on a number of have a chance to do some things, and cant amount of time talking to all issues, including on the Second Amend- they are meaningful. sorts of different groups and individ- ment, but the one thing they all agreed The first is a bill Senator HATCH in- uals—from students and teachers im- on is, our schools should be safe places troduced yesterday. We joined him, pacted by this to experts across the and that when we drop our children at along with a broad bipartisan coali- country, to other communities that school in the morning, they should be tion, on the STOP School Violence Act. have put in place policies to address safe, and no one should be worried Senator HATCH’s bill is a bill that was this. We have learned a lot about not there is a possibility their children innovated by Sandy Hook Promise. It just this particular incident but some may not come home that afternoon be- is their No. 1 legislative priority right of the dangers around the country. cause someone walked into the school now, and it is a bill I cannot imagine It is interesting, just in the last cou- and took their life. having a single ‘‘no’’ vote in the U.S. ple of weeks since it happened, you I would say that is not just true of Senate. What the bill does is it basi- have seen a significant increase in the these 17 families; I think that is true of cally creates a Federal grant program number of potential shooters who have the country. No matter where you are through the Department of Justice for been reported to law enforcement and on the issues regarding the Second States and through the States’ local people who have been arrested. I think Amendment—how much or how little communities to create risk assessment one of the lessons from this terrible you believe our laws should govern and programs—in essence, to have pro- tragedy is, we live in a day and age regulate the sale of guns and what type grams in place to train teachers, ad- when someone who is out there talking of guns should be sold—I cannot imag- ministrators, and students to identify about hurting people has to be taken ine there is anyone in this country in the warning signs of someone who may seriously. We can no longer afford to be their right mind who does not believe hurt themselves or may hurt other peo- a country in which people make these our schools should be safe. I also do not ple. It also sets up a task force in each sorts of threats, and they are taken believe there is anyone in this country one of these school districts to monitor lightly. in their right mind who would disagree, these students, to identify them collec- Based on all of this information we if we have the opportunity to identify tively. For example, if it had existed in have gathered, last week I came to the someone before they act, we should act Broward County or something like it floor and announced a number of ini- against them and stop them. Because that was effective, you can only imag- tiatives that I hope the Senate will there is such broad consensus on those ine a room where the sheriff’s office move forward on to make sure these issues, those are the first steps I be- and the school and the Department of things never happen again. It is impor- lieve we should try to take. Children and Families and potentially tant to begin by recognizing that those Now, sometimes when you describe it even the FBI were all there comparing of us who serve here are in the business that way, people think, ‘‘Well, that is notes. If those entities had been to- of passing laws and making public pol- all you are going to do or that is all gether in one room comparing notes, icy. Making public policy isn’t just you want to talk about,’’ and that is the sheriff’s office would have said we about coming up with the best idea you not true. That can’t be true because have been to his house 40 times for all can come up with, but it is also about these Second Amendment issues sorts of things. The school would have coming up with the best idea you can preexist Parkland. We have debated said we had to kick him out, and we come up with that actually has a them in the past, and we will continue had to do all kinds of things because he chance of being implemented into law. to debate them in the future. They had fights, he was violent, and made What that means is, in order to get often find their ways into court. So threats. The FBI would say someone something done, we need 60 votes in those issues aren’t going anywhere, actually called our hotline and said the Senate on virtually any issue, we and they will continue to be here for us this guy was going to shoot up a need a majority of the votes in the to debate and act on, if the body so school. I cannot imagine, through that House, and we need a White House that chooses. collaboration, there would not have is willing to sign it. If those three The issue that I am afraid will go been action or, at least, the oppor- things don’t happen, you do not have a away, the issue I am afraid may be for- tunity for action. It didn’t happen that law. gotten in a number of weeks is the fact way, and we have a chance now to So what we spent time trying to do is that, in this case, there was the chance change that. identify what can we get 60 votes for in to stop the shooter before he acted. By the way, I saw last week where it the Senate, can pass in the House, and There were clear signs. It is one of the was described by some media outlets as be signed by the President that will things you see in every single one of a modest bill. This is not modest. Just make a difference. That has been our these events. It isn’t like from one mo- because it is not controversial doesn’t criteria. That does not mean there are ment to the next they woke up one make it modest. Preventing an attack, not other important issues that de- morning in a bad mood and did these identifying an attacker, and stopping serve to be debated—and they will con- sorts of things. They had been showing them before they act is the best thing tinue to be debated—but it means what signs, for a significant period of time, we could possibly do. can we pass quickly and put in place in case after case after case. If we know Hopefully, the STOP School Violence because, unlike tax policy or some of this, should we not then create systems Act is something we will be able to the other issues we talk about here, in this country to identify people be- move on fairly quickly. The House an- there is a time urgency related to this. fore they act and stop them? nounced earlier today that they will be

VerDate Sep 11 2014 02:30 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.039 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1367 taking that bill up next week on the enforcement can end up having some ple. You don’t want courts to misuse it floor, and I hope we will move quickly very serious repercussions as we saw. or have it being used for false claims, to pass Senator HATCH’s bill that has So no matter how laudable this goal is, but we need to have a tool at our dis- already over 20 other Senators involved it is not worth risking the safety of our posal. If the schools and local law en- in it. children or losing the public’s trust forcement, and others, identify some- Another bill that has been filed that and the trust of our parents about one who poses a threat but has yet to we have joined with as well, with Sen- sending their kids to school. This di- commit a crime, there has to be a tool ators TOOMEY and COONS, is ‘‘Lie and rective needs to be refined. It has to available to stop them from buying Try.’’ Another problem we have identi- allow for schools and law enforcement guns or using the ones they already fied in the broader scheme of things is to communicate, when warranted, for have. that local law enforcement may not al- the safety of the student and the com- The State of Florida is probably ways have sufficient information to in- munity, and furthermore we need clear going to be passing, either today or to- vestigate individuals who try to buy a pathways of intervention and repercus- morrow, a law that puts that in State firearm, knowing that they are prohib- sions that need to be established and law. Other States like Indiana and ited from doing so. Under our current followed so local education agencies California have one as well. What can law, when a person fails an FBI back- and law enforcement are effectively we do at the Federal level to ground check, some State law enforce- able to work together to either navi- incentivize more States to do this and ment authorities are not even made gate students back onto the correct have these tools? That is what we are aware of the failed background check. path, properly identify and address red working on. Individuals who are willing to lie and flags that can lead to severe con- Hopefully, we will have the resolu- try to buy a gun in these situations sequences or prevent a student from tion on a bill that doesn’t just work, could very well be very dangerous, and being lost in the system altogether. but that can pass. We can all file the laws are only as good as our willing- Yesterday, I wrote to the Depart- perfect bill in our own minds, but if it ness and our ability to enforce them. ment of Education and the Department doesn’t have 60 votes, it is nothing but We have to crack down on this. If of Justice, and I asked them to imme- a piece of paper. That is why we need someone who is ineligible to buy a fire- diately revise this directive from 2014, to work toward that. I want to conclude by mentioning arm is trying to buy a firearm, and any associated guidance, to make one of the students, Kyle Kashuv, who shouldn’t law enforcement already, at sure that schools are appropriately re- is a junior at Marjory Stoneman Doug- least, know that—because they may be porting violence and dangerous actions las High School. Like many students at able to take that piece of information to local law enforcement. that school, he is motivated to advo- and put it together with other pieces of In addition to asking them to do cate for changes in our laws to prevent information to realize this is someone that, proactively, I will also be intro- ducing legislation to make sure that something like what happened in his we need to be looking at because they the Federal Government does not fail school from ever happening again. In might be up to something. his advocacy, he wants to make sure I hope we can pass that. Again, I can- our children in this way. Finally, I believe the Parkland shoot- that the Second Amendment is pro- not imagine anyone not being in favor ing has identified an area of law that tected. His No. 1 concern is to make of it. This law would require Federal can be improved to reduce gun violence sure that the rights of innocent Ameri- authorities to alert State law enforce- of all kinds, particularly school shoot- cans aren’t infringed upon. ment within 24 hours when someone ings. Amidst the many systems that we His opinion on this issue might be who is prohibited from buying a fire- have in place, law enforcement often different from some of his other class- arm lies and tries to do so. lacks a flexible tool that they can use mates, but that doesn’t change their The third thing I hope we will look to prevent the sale or the possession of shared goal, which is to stop this from at—and we are working on the lan- guns to someone who should not have happening to anyone ever again. Al- guage now to address this—is the them, based on their behavior and the though their opinions may vary, he and PROMISE Initiative in schools. As I al- behavior that they have exhibited his classmates still go to school to- ready said, improving our prevention around those who know them best. gether and still root for the same and information sharing systems as the There has to be a way to identify and sports teams at their school. They take first two pieces of legislation would do prevent circumstances like what oc- the same classes with the same teach- is the best thing we can do to stop curred in Parkland, while also pre- ers, and they still faced the same dan- school shootings before they happen, serving the Second Amendment con- ger on February 14. As they lift their but these systems will not work if the stitutional right of law-abiding Ameri- voices in political discourse to advo- clearest warning signs of school shoot- cans and the right to due process. That cate for change, they have differences. ings—suspicious and violent mis- is why we are working to try to figure They have differences on some issues, behavior at the school—are not re- out a way to encourage States to enact but they share a common goal, to keep ported in the appropriate places in the policies like the gun violence restrain- themselves and students like them first place. Anything blocking this flow ing order, so State and local law en- safe. of information is very dangerous, and forcement and families who have iden- I think we can learn something from it is a risk to our children. For this tified someone who is at risk of either this example—from them and from reason, a directive to schools issued by taking their own life or hurting other their parents. The lessons learned from the Federal Government during the people could petition a court to obtain Parkland are that changes can be previous administration deserves for us a court order that allows law enforce- made. Some of them I just mentioned to look at it again. ment temporarily to stop that person action on would immediately reduce In 2014, the Department of Education, either from buying a gun or from pos- the chances of school shootings but working with the Department of Jus- sessing that gun and the ammunition. would not infringe upon the Second tice, issued guidance which used the This would put power back in the Amendment rights of all Americans. threat of reduced Federal funding to hands of people who see something, not The Members elected to the Senate, encourage schools to alter how and just to say something, but they have like the students at Parkland, have a which misconduct at school is reported the opportunity to do something about wide array of opinions on many of to law enforcement. Now, the goal of it. these issues, but I think we all share a this directive was to reduce the school- We continue to work on what the common goal. We all agree that our to-prison pipeline, to reduce suspen- right formulation of that is. The most schools should be safe. So I am here to sions and expulsions, to prevent ra- effective implementation is at the urge my colleagues to remember that cially biased discipline. These are laud- State level. We are trying to figure it we have to share a country, no matter able goals, which I share and support, out with our colleagues. There are dif- what our views may be on any political but we have to balance that with some ferent ideas floating around about the issue. We have to find a way not just to common sense. The failure to report right way to structure it. live together but to thrive as a nation. violent misbehavior from students— It has to have strong due process. We have to find a way to keep our chil- like the shooter in Parkland—to law You don’t want this used to abuse peo- dren safe. If we keep that in mind, I am

VerDate Sep 11 2014 02:30 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.041 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1368 CONGRESSIONAL RECORD — SENATE March 6, 2018 sure we can work together to create elections are a part of our Constitu- at the FBI, not at the NSA, and not at real, enduring consensus on solutions, tion. Yet there is nothing—crickets. the State Department. on things we agree on that will stop Where is the proposal? Where are the As far as I can tell, there actually is these from happening again. congressional hearings on our pro- no formal executive branch inter- We can have respectful and produc- posals? Where are the markups? Where agency process that is designed to ex- tive debates on the issues upon which are the bills? We are seeing an extraor- amine what the Russians did and put our Nation and this body are still di- dinary lack of interest and initiative in together legislative recommendations vided, but let us first come together something about which we have been for Congress to follow up on. In na- and do the things we agree on. Then we very forcefully warned. tional security matters, that is the will have the time to argue and debate The failure at the White House is President’s role; that is the executive and solve the things we may not agree very profound. Over and over again, we branch’s role. We have the authority to on. This is the opportunity before us, have heard senior Trump officials say make the laws, but because they are and we should not let it pass us by. that they have not been instructed by doing the day-to-day work, we count I yield the floor. the President to take this seriously. on the executive branch to put the pro- The PRESIDING OFFICER. The Sen- My senior colleague, Senator JACK posals together for us. And again, there ator from Rhode Island. REED, asked Director Chris Wray of the is nothing. RUSSIAN ELECTION INTERFERENCE FBI about whether the FBI had taken There is one thing that we did do. We Mr. WHITEHOUSE. Mr. President, I specific actions to confront and blunt wanted to send a strong signal to will be joined by a series of my col- Russian influence and disinformation Vladimir Putin that there was a price leagues who are coming to the floor activities. On February 13, in the Sen- to be paid for this kind of mis- this afternoon to talk about the No- ate Intelligence Committee, he said, behavior—manipulating our elections. vember 2018 elections coming up and ‘‘not as specifically directed by the We voted, virtually unanimously, in the steps we need to take to make sure President, no.’’ this Chamber, 98 to 2. I don’t know the that the Russian influence effort that To read the transcript more com- numbers on the House side, but it was equally virtually unanimous on the bedeviled our 2016 election is not rep- pletely, Senator REED asked: licated in the 2018 election. House side. So let me begin with Mr. Wray and say, has It was 98 to 2 here in the Senate. We I guess the first question to answer the President directed you and your agency is, Is this a realistic prospect? Is this to take specific actions to confront and passed tough sanctions to hit Vladimir something we should concern ourselves blunt Russian influence activities that are Putin where it hurts, which is right in with—that the Russians would come ongoing? the oligarchs. That is what he cares back again in 2018 and try to meddle in Wray: We’re taking a lot of specific efforts about, the oligarchs who support him, our elections? to blunt Russian . . . the oligarchs whose corrupt enterprises Reed: . . . directed by the President? Everyone in the Trump administra- he has corruptly engaged with. That Wray: Not—not as specifically directed by whole racketeering enterprise that tion who has been asked about this, the President, no. perhaps outside of the Oval Office runs the Russian Government is what Similarly, 2 weeks later, February 27, itself, has said: Yes, absolutely. They the sanctions would go after. in testimony before the Senate Armed Well, the administration has refused are coming. The Director of the CIA, Services Committee, the NSA’s Direc- to implement them. The State Depart- the Director of National Intelligence, tor, ADM Mike Rogers, said that he ment has said that they are not need- the head of the FBI, the Attorney Gen- had not been granted the authority nor ed. Not needed? We are hearing from eral, the Department of Justice—there directed specifically by the President all of the Trump administration’s own is no contest. There is no disagree- to take action to disrupt Russian elec- senior executive agencies that they are ment. There is no doubt, even among tion hacking operations. going to come and do this again in 2018. the President’s senior national secu- Again, Senator REED asked: How are they not needed if this is no rity and law enforcement team that deterrence for what they did in 2016? It they are coming back, that they are So, you would need, basically, to be di- rected by the President, through the Sec- would be one thing to say they are not going to do this again. That leads us to retary of Defense, to get— needed if the evidence was: OK, they the question of what we are doing Rogers interrupts: got the message. They are not going to about it. Yes, sir, as I—I mentioned that in my do this again. We are fine in 2018. It seems that the silence from the But that is not what Trump’s own Oval Office on this subject is deafening. statement. Reed: Have you been directed to do so, Cabinet officials and national intel- The White House doesn’t ever want to given the strategic threat that faces the ligence leaders are telling us. They are talk about doing anything about this. United States and the significant con- telling us that they are needed because To the extent that we get signals from sequences you recognize already? they are coming at us again. So this tweets and things like that, they are Rogers: No, I have not. added bit of deterrence would be very usually nonfactual and highly politi- There is a lot of room for improve- important. cized challenges to the basic facts that ment here. You can also add to this list When it came to something as simple all of the President’s senior Cabinet the failures of activity at the State De- as putting together the list of targeted staff seem to agree with. partment, which was allocated $120 oligarchs to put maximum pressure on I don’t know why they haven’t sorted million to counter foreign efforts to President Putin, they didn’t even put a out why the President says one thing meddle in elections to sow distrust in list together on their own; they went and all of his Cabinet officials say democracy. According to the March 4 to Forbes magazine and took the list something else, but that is for them. story in the New York Times: out of a public magazine. That doesn’t What is for us is to review this in Con- Not one of the 23 analysts working in the look like a serious or conscientious ef- gress, to do oversight, and to do what department’s Global Engagement Center— fort. legislation might be necessary to raise which has been tasked with countering Mos- So right up and down the administra- our defenses to make sure that we can cow’s disinformation campaign—speaks Rus- tion, you see failure to take this seri- effectively counter what we have been sian, and a department hiring freeze has hin- ously traceable directly to the White warned is coming at us. dered efforts to recruit the computer experts House, and that is very, very regret- We have no proposal from the admin- needed to track the Russian efforts. table. istration. One would think with some- So when Congress provides $120 mil- The other thing that we don’t know thing like this, where we have an elec- lion to the State Department to take is what the White House has been up to tion that has been attacked by a hos- steps to protect against Russian elec- with respect to Congress. There was a tile foreign country—one would think tion interference, what we get back is lot of talk early on about how we need- that would be the kind of thing that that none of that money gets spent, ed to have an independent committee would bring our country together and and a hiring freeze prevents the people to take a look at this, to be inde- would get the President’s attention. He with the necessary qualifications from pendent, to put together a package of swore an oath to protect and defend even coming in to do the job. That is reforms, observations, and rec- the Constitution, and last I heard, the not taking the problem seriously—not ommendations, and we have had no

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We could do a lot better, White House itself is the subject of the testimony from representatives of the and there is no independent commis- inquiry, that is a very different prob- intelligence community, including, sion. lem. And we are owed an answer as to most recently today, the Director of It raises the question, what was the what the communications were be- National Intelligence, Dan Coats, and role of the White House? What was the tween the White House, the Trump GEN Robert Ashley. role of the President in stopping an legal team, and the staff of the House When I asked what was being done to independent commission? How active Intelligence Committee that prepared deter, counter, or retaliate against the were they in doing that? Those are the Nunez report. Russians, Director Coats said, in effect, questions that need answers, but obvi- I have been joined by the distin- that it is everyone’s responsibility, ously, if there aren’t serious investiga- guished Senator from Connecticut, so I which means, in effect, it is no one’s tive processes going on in our commit- will leave my remarks there. responsibility; that it was the whole of tees, it is hard to get those answers. I yield the floor government responding, which means Here is another question: What was The PRESIDING OFFICER (Mr. no single agency, and there is no plan the role of the White House in coordi- RUBIO). The Senator from Connecticut. and no action underway. There is at nating or colluding with the House In- Mr. BLUMENTHAL. Thank you, Mr. most perhaps some kind of study of telligence Committee—with Represent- President. what should be done. ative Nunez and/or his staff—in prepa- We are here at a critical time for our But the denial of meddling is really ration for the so-called Nunez memo? democracy because our country is the reason why nothing has been done We have learned a lot about that under attack. In fact, we are here be- and why no action is underway, and memo since it came out. We have cause Russia is attacking our democ- that denial comes from one person—the learned that it was essentially phony. racy as part of a campaign of informa- President of the United States. He has It had a couple of basic accusations. tional warfare. That term is not mine; refused to acknowledge that the Rus- One was that the FBI had misled the it is Russia’s. It is quoted in an indict- sians interfered on the scale and scope FISA Court. They were misled that one ment that was handed down by the spe- that they did, and that denial or re- of the sources that supported the affi- cial counsel less than a month ago fusal to acknowledge is itself a tremen- davit that got the FISA warrant for against 13 individuals and 3 entities. dous boon to the Russians continuing the surveillance of Carter Page—that That document is absolutely stunning. to attack our democracy. one of those sources had been in touch It is chilling in its detail and breadth As recently as this afternoon, at his with or had been funded by a political and in its revelations about the appa- press conference with the Swedish campaign; that this was a phony effort ratus and personnel, the skills and ex- Prime Minister, the President said, in cooked up on behalf of the Clinton pertise that Russia methodically and effect, that perhaps Russia might have campaign and run before the Foreign relentlessly brought to bear in the 2016 meddled, other countries might have Intelligence Surveillance Court. election, in its attack on our democ- meddled, and other individuals might Well, as it turns out, the FISA appli- racy. have meddled, but he has refused to ac- cation stated specifically the FBI’s That attack began in 2014. It was not knowledge the extent and the depth speculation that the source, Steele, a few hackers in the basement of some and breadth of past and continuing had been hired to ‘‘find information Moscow apartment; it was literally Russian interference in our democracy. that could be used to discredit Can- thousands of people, divided into dif- Make no mistake—others of us on didate #1’s campaign’’—Trump’s cam- ferent departments with different both sides of the aisle have said that paign. As somebody who has pursued skills, pursuing disinformation, cyber the Russians will escalate in the so- affidavits for search warrants and for attack, misinformation, and propa- phistication of their attacks, in the surveillance warrants before, I can tell ganda directed at undermining our de- depth of their interference, in the types you that it is common and standard mocracy and, in fact, our election. of tools used through cyber and social FBI and Department of Justice prac- Let’s remember, constitutionally, media and platforms that are now tice to leave out unnecessary names. elections are foundational to our de- being developed. They will use Amer- So the fact that Mrs. Clinton wasn’t mocracy, and Russia sought not just to ican voices. There will no longer be the mentioned is perfectly consistent with sow discord and dissension but to affect broken English, no longer be the pay- longstanding Department practice. the outcome. According to the indict- ment in rubles. They will become ever- The other thing that it omitted was ment, its effort to affect the outcome more astute and adroit in their attack that the Steele information was actu- was to assist then-Candidate Donald on our democracy. ally corroborating information for a Trump and to disparage and damage So the question is, Why? Why has the lot of other information that had Hillary Clinton. We will never know President declined to acknowledge this begun this investigation beforehand. how much it affected the outcome, but attack—a continuing assault on our So the theory that this all depended on it certainly impacted the views and the democratic institutions, particularly this particular source and that this votes of some people in the United on our elections, which are source had an undisclosed relationship States of America. foundational to our democracy? Some with a political opponent was simply That attack is now continuing. Our have put it this way: What do the Rus- baloney. The fact is that that was dis- intelligence community is unanimous sians have on him? But my view is that closed in the warrant, and there were in the view that Russia interfered in we need to look back at the knowledge additional sources. our last election and that this effort is that the Trump campaign had of that That leaves me with the question of continuing. Indeed, all of the intel- attack in 2016 as it was proceeding. why. Why would a legislative com- ligence community that has come be- To take one example, the stolen or mittee apparently deliberately put to- fore the Armed Services Committee in hacked emails. Clearly, Trump cam- gether a report that contained mis- the last 2 weeks has been unanimous paign contacts with WikiLeaks and leading or false statements but tried to that Russia is continuing its attack. Russia show that the campaign knew create an erroneous or false impression In his testimony, Admiral Rogers is about those stolen or hacked emails, about something that had taken place? very clear that they will continue that which were then used to attack the Well, did the White House have any attack because they are paying no Clinton campaign. If those members of connections in that process? That is price for it. The cost to them is mini- the Trump campaign knew about it— the question we are entitled answers mal, if any, and the benefit is highly those in responsible positions—the to. If this was just a botched job by a asymmetrical. In other words, they pay question is, How could the President partisan crew in a legislative com- very, very little to undermine our de- not have known?

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In fact, President Russians had hacked emails and that President of the United States to dem- Trump reportedly refuses to even talk those emails could help the Trump onstrate leadership and to put aside about the issue. campaign. He was anxious to ingratiate whatever concern about legitimacy Admiral Rogers told the Armed Serv- himself with his connections to make there may be. No one is relitigating the ices Committee that Vladimir Putin himself more valuable in their eyes. So 2016 election as to what the outcome has paid ‘‘little price’’ for his previous he boasted, in effect, about his con- was, in fact. We have a President in of- and ongoing attacks and, therefore, tacts with Russians and with Russian fice, but that President now must act hasn’t been stopped. Incredibly, the ad- officials. Papadopoulous was already to protect our democracy and our elec- miral said President Trump has not working overtime to ingratiate himself tions going forward from this day into granted him any new authorities to with the Trump campaign leadership, the future. strike at Russian cyber operations. and he certainly was not likely to keep Thank you. Can anyone here imagine what Presi- valuable information about stolen I yield the floor to my distinguished dent Ronald Reagan would have said at emails possessed by the Russians to colleague from Illinois. the stunning abdication of responsi- himself. Mr. DURBIN. Mr. President, I thank bility in addressing this Russian threat Remember, when the Trump cam- my colleague from Connecticut as well to America? paign—specifically Donald Trump, as our colleague from Rhode Island for In the face of this fundamental Jr.—was offered dirt on Hillary Clin- calling us together on the Senate floor threat of Russian attack on our democ- ton, he replied: ‘‘I love it.’’ From ev- today to discuss a timely and impor- racy, we should have spent the last erything we know about Donald tant topic. year coming together, on a bipartisan Trump, Jr.’s relationship to his father, We know that Vladimir Putin and basis, establishing a sound national de- he is unlikely to have kept that infor- Russia attacked America’s democracy fense when it comes to the exercise of mation to himself. in 2016, and it is clear Vladimir Putin our democracy. We should be work- George Papadopoulous is one of sev- will try again. CIA Director Pompeo ing—Republicans and Democrats to- eral Trump associates who seemed to recently said he had ‘‘every expecta- know that Russia was trying to help gether—to hold anyone accountable tion’’ that Russia would try to influ- the Trump campaign win the 2016 elec- who participated in this Russian effort. tion. Donald Trump, Jr., again, was in ence our 2018 election. We have been We should be strengthening our laws contact with WikiLeaks beginning in warned. against foreign election interference—a We can expect Russia to continue to September of 2016, and we know this responsibility of the Senate Judiciary use the tactics they have used before communication continued at least Committee, which has never even through July of 2017. We know that and to come up with new ones. We can taken up that issue—and we should Donald Trump, Jr., turned over these expect them to hack and leak sensitive punish and deter Russia and other na- messages to investigators. When information. We can expect these Rus- tions from ever attacking our Demo- Trump, Jr., received the first message sians to use social media and propa- cratic process again. from WikiLeaks, he emailed other sen- ganda to spread false information. We Instead, we have seen the Trump ad- ior officers within the Trump cam- see it almost every week. We can ex- ministration consistently refuse to paign. Those officers included Steve pect them to try to hack into State hold the Russians accountable for their Bannon, Kellyanne Conway, Brad election systems and more. election interference or impose mean- Parscale, and Trump’s son-in-law, I was home over the weekend in ingful sanctions. President Trump has Jared Kushner. How could that infor- Springfield, IL—of course, the State even gone out of his way to invite top mation and other similar communica- capital—and ran into a fellow who Russian officials to the Oval Office and tions not have been transmitted to works for the State Board of Elections. to call Russia’s election interference a Donald Trump himself? We talked for a few minutes about the ‘‘hoax.’’ Despite the fact that all of our Donald Trump, Jr., received an email experience we had in our State in the intelligence agencies say he is wrong, in which Rob Goldstone offered to pro- last election cycle when the Russians President Trump calls Russia election vide the Trump campaign with some hacked into the computer network of interference a hoax. official documents from Russia that the Illinois State Board of Elections. So what are Republicans in Congress would supposedly incriminate Hillary We were the only State, of those that doing about this? With a few excep- Clinton. We know now that Donald were hacked, to come forward and iden- tions like Senator JOHN MCCAIN, they Trump, Jr., jumped at the chance to re- tify the culprit. It was Russia. We also have mostly tried to change the sub- ceive this information, responding with came forward and notified hundreds of ject. In fact, instead of trying to get a the famous: ‘‘If it’s what you say, I thousands of our voters that their iden- full accounting of what Russia did to love it.’’ That, then, led to the meeting tity—at least in terms of the State us, Republicans have focused far more involving Trump, Jr., Jared Kushner, election agency is concerned—had been on scrutinizing and criticizing anyone and Paul Manafort at Trump Tower. compromised by the Russians. We were who suggests that the Russians inter- There is more here that raises the open about it. fered. likelihood of collusion. There is a cred- I asked the individual what was being We need to take a step back and re- ible case of obstruction of justice done for the next election cycle. He member what this is all about; specifi- against the President of the United said we have patched the problem that cally, that a foreign adversary of the States. There is a solid factual basis to gave the Russians entry into the sys- United States interfered in America’s believe that the Trump campaign not tem in 2016, and we spent over $100,000 election. They continue to use only knew but encouraged and cooper- as a State to put in new security, new weaponized cyber campaigns against us ated and even colluded with the Rus- cyber protections. We are taking it se- and our allies, and most in the major- sians in this effort. If motive is nec- riously in Illinois because we know ity party of Congress and the President essary for the Trump campaign to have what the Russians tried to do to us. We seem not to care at all. done this kind of collusion—certainly don’t believe they changed a vote or How have we let it get to this point? it is in the prospect of impacting the changed a ballot, but we are not sure Have we forgotten our obligation to outcome. If motive is necessary for they will not try in the future. our Constitution and to this country? President Trump now refusing to ac- That is the reality of what we face in For those who watched the devastating knowledge Russian meddling during Illinois, and that is the reality of what two-part episode of the PBS documen- the election campaign and now con- America faces. tary ‘‘Frontline’’ last year entitled tinuing meddling, it is collusion as Just last week, NSA and U.S. Cyber ‘‘Putin’s Revenge,’’ there was a deeply well. Command head ADM Mike Rogers telling moment.

VerDate Sep 11 2014 05:00 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.049 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1371 Months before the 2016 election, our This can’t be tolerated. We don’t fore. Throughout the past year, the Nation’s top intelligence officials came want to make America great by letting President’s remarks with respect to and told key congressional leaders foreign powers undermine it. NATO’s Article 5, the alliance’s bed- about Russia’s efforts. These intel- So I ask my Republican friends; in rock principle that guarantees mutual ligence officials were deeply concerned fact, I invite them: Join us to get to defense, have been wholly inconsistent. about what Russia was trying to do to the bottom of this. Let’s pass legisla- But there is one thing that President the 2016 election. President Obama had tion together that helps request these Trump has shown rock-solid consist- wanted a bipartisan message con- States secure their election systems. ency on since taking office, and that is demning Putin for his efforts so as to Let’s pass legislation together that his shameful embrace of Russian Presi- avoid any hint of partisanship as we forces the administrations—this one dent Vladimir Putin and his refusal to approached the election and so we and future administrations—to protect protect American democratic institu- could put a common face on this com- our national infrastructure against tions. mon view of unity on this effort. these cyber threats. Let’s work to- President Trump’s embrace of Putin What was the response of the Repub- gether on a bipartisan basis to ensure has put a straitjacket on U.S. policy lican Party leadership after hearing that Russia and others are genuinely toward Russia. In many ways, we are this bombshell revelation by our intel- deterred from such actions. Let’s use more vulnerable today than we were in ligence agencies, this threat from sanctions when necessary, and other 2016. Think about it. Mr. Putin made a Vladimir Putin, which actually goes to measures, and let’s work together to serious gamble when he decided to the heart of our democracy—the elec- denounce the Russian disinformation interfere in our election—a gamble tion process? The response of the Re- campaign regardless of who it might that would normally draw the ire of publican leader was: No thanks. We help on any given day. any American President, regardless of don’t want to get involved. And they We have a lot of work to do, and we their political party. But, as we know, didn’t. are only months away from this No- nothing about this administration is Is there anybody in the Senate—any- vember election. In just 6 months or so, normal, and the truth is that we are in body who took the oath to protect the there will be early voting in this elec- far greater peril today because Mr. Nation against enemies, foreign and tion. Are the Russians going to get to Putin knows that he has a friend in the domestic—who thinks that any of us, vote? Maybe not directly, but indi- White House—a friend who won’t do regardless of political party, should get rectly? Will they be able to invade anything to stop him from interfering help from a foreign adversary to be America’s political machinery, elec- in our democracy, nor those of our al- elected? lies; a friend who won’t even issue a Yet here we are, with aggressive ef- tion machinery? Will they make a dif- statement condemning Putin’s nuclear forts to discredit investigations into ference in this next election campaign? sabre rattling last week when he this threat, with a White House that Shame on us if we can’t answer those ignores Russian sanctions, with the questions, and shame on us if we do proudly showed a video simulating a majority party blocking legislation nothing to stop them. nuclear attack on Florida. It is time for the President to recog- that offers aid to States that request it Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- nize that Mr. Putin’s intentions are not to secure our election systems, with ator from New Jersey. up for debate. From the spread of ex- the failure of this Congress or this Mr. MENENDEZ. Mr. President, I am tremist propaganda across Europe, to White House to do anything to protect stunned by President Trump’s willful Russia’s continued attack on Ukrain- against the next such threat, and all paralysis when it comes to holding the while, Russia continues to conduct ian sovereignty, to the latest revela- Russia accountable on threats made disinformation campaigns right under tions made public by Special Counsel crystal clear by our intelligence com- our noses. Mueller’s investigation, the Kremlin is On February 14, the tragedy in Park- munity. orchestrating a systematic and ongo- land, FL, invited comments of those Indeed, it has been more than a year ing campaign to undermine the democ- who wanted more gun safety and those since 17 U.S. intelligence agencies racies at the heart of the post-World who opposed it. When we traced the issued their report on how the Kremlin War II international order. source of many of the comments, we sought to ‘‘blend covert intelligence Consider President Trump’s response found out they were Russians—Rus- operations—such as cyber activity— to the revelations made public by Spe- sians preaching to the United States on with overt efforts by Russian Govern- cial Counsel Mueller when he indicted both sides of the issue, trying to rile us ment agencies, state-funded media, 13 Russians for interfering in our de- up at this moment of great human third-party intermediaries, and paid mocracy 3 weeks ago. The special coun- tragedy. That is now commonplace. social media users, or ‘trolls’ ’’ in order sel’s findings left many Americans We need to wake up. Russian cyber to undermine our 2016 elections. shocked by Russia’s outstanding, so- campaigns were pushing for the release Today, even the administration’s phisticated effort to defraud American of the discredited Nunes memo from own national security strategy warns voters, stoke division on Facebook, and the House of Representatives. They that Russia will continue to challenge sow doubt in our electoral process in have tried to undermine the FBI’s American power, influence, and secu- 2016. Yet President Trump’s only re- credibility. They are at work every sin- rity interests, at home and abroad. sponse to these stunning revelations of gle day trying to undermine our de- These threats are precisely why Con- foreign interference—nothing. Nothing. mocracy. Russian cyber campaigns gress imposed a mandate on President Not a word from the President beyond have attacked even Republican Sen- Trump to act. Yet, time and again, this a victorious tweet once again pro- ators who have been critical of Presi- President has refused to hold Russia claiming no collusion. dent Trump. accountable and refuses to take steps At every turn, President Trump has So I say to my Republican friends to defend our democracy and our na- dismissed the significance of Russia’s that not one of us is immune from tional security. It is alarming, it is interference in our elections, and his these threats, and it is long overdue reckless, and it is absolutely unaccept- willful paralysis on Russia is in full that we put Nation before party in this able, and, to be honest, I also find it display through the White House’s re- extremely important matter. The next baffling. Here is why. fusal to impose sanctions under time it might be China or North Korea Pick any policy issue. Chances are, CAATSA, as well as the unacceptable taking different sides or pushing a dif- since taking office, President Trump delays in establishing a strategy for ferent agenda when it comes to the has changed his mind about it at least countering the Kremlin’s propaganda American political process, but, of once. Last week he changed his posi- and disinformation. course, it doesn’t matter whom a for- tions on gun safety so many times in 24 Let’s remember why Congress passed eign adversary is trying to help. An at- hours, it could make your head spin. A CAATSA in the first place, why the tack on any American political party few weeks before that, he rejected a bi- Senate voted 98 to 2 and the House of or Democratic institution by any Na- partisan deal to protect Dreamers that Representatives voted 419 to 3 despite tion is an attack on all of us—at least met the very specifications he outlined overwhelming opposition from the it should be. to my colleagues and me just days be- Trump administration. We voted to

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.050 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1372 CONGRESSIONAL RECORD — SENATE March 6, 2018 hold Russia accountable for its assault branch of government for a reason, and The Defense Department last week on our democracy, and we voted to in- I take very seriously our responsibility transferred $40 million—a third of what crease pressure on the Kremlin to stop to hold the executive branch account- was authorized—to the State Depart- its illegal war against our friends in able. ment’s Global Engagement Center, al- Ukraine and its aiding and abetting of Given what we know about Russia’s though not a penny’s worth of action war crimes in Syria. But apparently interference in European elections over has been taken. Why the ridiculous President Trump fails to see that these the last year alone, I am especially dis- delay? Why not the full amount? are real threats from a real foreign ad- appointed in the White House’s failure Any responsible President would be versary—real threats that undermine to implement sanctions under section vigorously working to protect Ameri- the integrity of our elections and 224. That section targets anyone know- cans from foreign interference aimed therefore the security of our country; ingly undermining the cyber security at undermining our democracy. Any re- real threats from a brutal leader who of an individual or a democratic insti- sponsible President would have com- seeks the erosion of Western democ- tution on behalf of the Russian Govern- municated to the American people the racy as a strategic imperative for Rus- ment. I find it hard to believe this ad- seriousness of the threat and rallied sia’s future. ministration has yet to identify one our citizens to respond with classic We saw it in March of 2014, when Rus- single sanctionable offense, but in case American resilience and courage. Any sia authorized the use of military force they need some tips, here are two they responsible President would have to illegally occupy Crimea, blatantly can look into. worked with Congress on a robust violating the sovereignty of the In November, Spain’s Government strategy and secured funding for it, and Ukrainian people—violence that con- discovered Russian state-sponsored once he got the resources, any respon- tinues in eastern Ukraine to this day. groups using social media to spread sible President would have moved We saw it in 2016, when the Kremlin’s disinformation and influence political swiftly to spend them, to empower all disinformation campaign targeted events in Catalonia. Just last week, the relevant security agencies to mobi- American voters on Facebook. We see the German Government pointed to a lize a collective effort to protect the it today, as Russia continues to spread massive cyber hack against its foreign integrity of our democracy. We don’t propaganda throughout Western Eu- ministry, allegedly carried out by a have a responsible President. We have rope. Meanwhile, in the Middle East, Russian state-sponsored group called a President asleep at the wheel or Russia continues to prop up Assad’s Snake. maybe even too scared to get into the Meanwhile, our intelligence leaders, brutal dictatorship, dropping bombs on car at all. including many who were appointed by hospitals, homes, and humanitarian aid We cannot afford further delays that President Trump himself, have testi- convoys working to help the Syrian only cede more ground to Putin on the fied that Russia continues to interfere people under siege. battlefield of information. Our Global here in the United States and looks This President’s schoolyard swagger Engagement Center must immediately forward to doing so during the midterm stops cold when it comes to con- put these funds to use blunting the ef- elections. fronting the world’s biggest bully: I have cosponsored a resolution call- fects of Russian Government Vladimir Putin. It has been 7 months— ing upon President Trump to imple- disinformation. Most urgently, we need 7 months—since Congress passed the ment these sanctions, and while we the Trump administration to finally CAATSA sanctions law. While the ad- shouldn’t have to pass a resolution develop a comprehensive strategy to ministration has upheld some sanc- calling on the administration to en- shore up American democracy against tions imposed by Obama-era Executive force the law we passed, which was Russian malign influence and imple- orders, it is appalling to see this White mandatory, we clearly do. Fortunately, menting it without delay. I will close with this. Every day that House refuse to implement sanctions we will have the opportunity to do so that Congress made mandatory—man- next week when the Foreign Relations ticks by, the Russian Government bur- datory. Let me say that again: provi- Committee meets to mark up legisla- rows deeper into our society, culti- sions that were made mandatory. tion, and I urge the chairman of the vating extremists and sowing discord. So let me tell you what I have Foreign Relations Committee to take Consider Alexander Torshin. NPR re- learned about CAATSA’s implementa- up this important resolution. ported that for 6 years, he traveled to tion in the recent briefings I have re- Let’s remember that Congress also the United States to deepen his friend- ceived as the ranking member on the gave the administration additional ships with the NRA, one of the most Foreign Relations Committee and tools to thwart Russia’s disinformation active groups in our country. Mr. membership on the Banking Com- campaigns—an essential priority if we Torshin cultivated its leadership, mittee. want to protect the integrity of our de- meeting with them in Moscow, and now President Trump has imposed no mocracy. Yet it seems that Russia’s the FBI is reportedly investigating sanctions in response to Russia’s cyber disinformation campaigns continue to whether he funneled money through aggression, as required by section 224. sow chaos online unabated. the NRA to support Trump’s campaign. President Trump has imposed no sanc- Every day that ticks by is one that It is disturbing to think the NRA is so tions related to Russian crude oil prod- the Russian Government continues to eager to cultivate ties with Putin’s ucts, as required by section 225. Presi- sharpen its tools and go on the attack. inner circle. As we all know, this orga- dent Trump has imposed no sanctions Every day that ticks by, the Russian nization’s efforts has left our country a on serious human rights abusers in the Government has further encroached on more dangerous place, from our schools Russian Federation, as required by sec- sovereign democracies. We saw it most to our movie theaters, to our concerts, tion 228. President Trump has imposed recently when Russian trolls amplified to our churches. no sanctions on those facilitating the rightwing hysteria over Congressman The American people overwhelm- transfer of assets owned by the Russian DEVIN NUNES’ memo with the Twitter ingly want Congress to uphold its sol- people to oligarchs, handpicked by hashtag #releasethememo. According emn responsibility to keep our families Putin, as required under section 233. to Politico, ‘‘Russian bots and their safe. Yet the NRA’s opposition to com- President Trump has imposed no sanc- American allies gamed social media to monsense gun safety laws have made tions punishing Russia for its transfer put a flawed intelligence document this Congress more dysfunctional and of arms to Syria, as required under sec- atop the political agenda.’’ less responsive to the needs of our citi- tion 234. I could go on, but you get the Just this week, the New York Times zens. That, to me, sounds right in line picture. reported on an ‘‘American strategic with Kremlin policy. The Trump administration has re- void’’ in response to Russian threats, More than anything, I hope President fused to implement the law despite the highlighting the administration’s in- Trump and our Secretary of State will overwhelming, bipartisan will of Con- ability to spend even one dollar—even start treating this threat with the seri- gress—a Congress that decided to put one dollar—of the $120 million that ousness it deserves. They should appre- ‘‘shall’’ in that legislation versus Congress authorized over a year ago to ciate the level of careful planning, re- ‘‘may,’’ which made it mandatory. The counter the Kremlin’s information sources, and energy the Russian Gov- Constitution made Congress a coequal warfare. ernment invests into destabilizing

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.052 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1373 American democracy. It is time to pro- ing stories in the press about these newspapers with accountants and law- tect the integrity of our elections and connections. The special counsel’s in- yers and others in the Palm Beach area secure our democracy against the dictments of the Trump campaign saying they thought this transaction cyber threats of the 21st century, manager, Paul Manafort, and the cam- smelled. They thought it was sus- whether they come in the form of elec- paign aide, Richard Gates, contained picious. They thought it was question- tion machine tampering or paid propa- voluminous information about money able. They couldn’t see why anybody ganda on social media or targeted laundering and tax evasion intended to would pay that amount on top of the hacks on public officials. hide money from pro-Russian Ukrain- purchase price without there being In the meantime, President Trump’s ian entities. some more sinister kind of motive. inaction speaks louder than his words. The distinguished Presiding Officer In addition to getting no response His willful paralysis only serves to em- and I know a bit about money laun- from Secretary Mnuchin on that, I bolden our adversaries and weaken dering because we have introduced bi- have also written to Secretary democratic institutions at home and partisan legislation to deal with shell Mnuchin about press reports regarding abroad. That simply cannot stand, and companies and money laundering. It is connections between the National Rifle it cannot stand with the silence we clear that this is a serious matter be- Association and yet another Russian hear from too many of our colleagues cause when you are talking about oligarch. I wanted to know if there on this issue. We need to speak up. We money laundering and tax evasion, par- were records held by the Department of need to act. We need to make sure the ticularly as it relates to national secu- the Treasury that would shine a light law we pass gets enforced. Otherwise, rity and American sovereignty, it has on these reported connections. we neuter the very essence of this in- great implications. As the ranking Democrat on the Sen- stitution. Donald Trump and his administra- ate Finance Committee, we have juris- With that, I yield. tion have consistently tried to prevent diction over the Department of the The PRESIDING OFFICER. The Sen- the American people from seeing not Treasury and the work done by the ator from Oregon. only his finances but the activities of Secretary and his associates. You Mr. WYDEN. Mr. President, as I was Russian oligarchs. The President’s al- would think that just as a matter of walking into the Chamber tonight, the lies, both here in the Senate and else- courtesy Secretary Mnuchin would re- press outside was telling me that they where in Washington, are just going spond. We have received no response on had just been told—and I hope to hear along with it. Americans need to see that matter as well. otherwise tomorrow—that the Senate both sides of this. They need to under- I intend to pursue this matter until Select Committee on Intelligence, on stand the corruption in both Russia we get some answers. If the President, which the distinguished Presiding Offi- and in the United States in order to de- his associates, or powerful political en- cer and I both serve, would not be hold- termine how they may be connected. tities, like the NRA, have been cor- That is why the Congress required ing any public hearings on the finan- rupted by Russian money, the Congress the administration to provide—and I cial issues so central to holding the and the public need the full story. want to emphasize this—a public re- President of the United States ac- There needs to be open hearings, and port on the Russian oligarchs, their re- countable. they need to be in the Senate Intel- lationship with President Putin, and What I am going to describe for a few ligence Committee. indications of corruption. Secretary minutes is how the executive branch, The President’s associates have not Mnuchin released nothing other than a particularly officials such as Secretary been shy about releasing their side of list of rich Russians taken from public Mnuchin, are ducking these issues, and the story, and they ought to face ques- now it appears the President’s Repub- sources. I have wanted to know if the intel- tions from Members of Congress. Sec- lican allies on the Hill are ducking the ligence community had warned the retary Mnuchin needs to testify about issues as well. Secretary of Treasury against releas- whether the Department of the Treas- I especially believe it is a great mis- ing what they saw as sensitive sources ury knows about these financial entan- take for the Senate Select Committee or methods. When I asked the leaders glements. on Intelligence, on which the distin- of the intelligence community whether I would like to close simply by say- guished Presiding Officer and I both they had weighed in, they all said no. ing that these questions of following serve, to fail to follow up on the follow- What you have, in effect, is a white- the money, which I have made my top the-money questions. Following the washing of the responsibilities of the priority since the period in which the money, as the Presiding Officer knows, Secretary of Treasury, possibly the Intelligence Committee began to dig is counterintelligence 101. Right at the White House, and possibly senior Re- into these issues, are central to holding heart of our duties on the Intelligence publicans in the Congress on this issue. the President accountable. The execu- Committee is our mandate to vigor- I then asked Secretary Mnuchin why tive branch and their allies in the Con- ously pursue issues relating to counter- the Russian oligarch report was cov- gress simply cannot justify ducking intelligence. The reason that is so ex- ered up. I have gotten no answer to these questions, as apparently the traordinarily important, it is money that either. This is just part of the press is about to report on the basis of that is one of the best and easiest tools stonewalling that is preventing the conversations I had walking into the to compromise people, to take advan- public and the Congress from following Chamber. tage of counterintelligence measures the money. In addition, I have inquired The American people deserve to that, for example, would compromise of Secretary Mnuchin about Treasury know the extent to which Russian American public officials. documents associated with a suspicious money has corrupted their leaders and I believe it is a great mistake for the real estate transaction in which a Rus- their democracy. It is long past time to executive branch, particularly Treas- sian oligarch bought an estate in Flor- open this up and, for the sake of Amer- ury Secretary Mnuchin—and as the ida from Donald Trump for more than ican national security and sovereignty, ranking Democrat on the Finance twice what the President paid for it. I get this information out. I intend, as Committee, we have jurisdiction over have gotten no response from the Sec- the ranking Democrat on the Senate his agency—and the Senate Select retary on this matter either. Finance Committee and a member of Committee on Intelligence to just punt What you have is a period of time— the Intelligence Committee, to stay on these issues that are central to the and I just speak from popular news ac- with it, the issue of how this adminis- question tonight, that Senator WHITE- counts—when President Trump bought tration and its financial entanglements HOUSE deserves great credit in terms of this property, essentially did nothing may have affected policies important pursuing, which is holding the Presi- with it. It was at a time when it was to all Americans. dent accountable. very hard in our country to get access I yield the floor. The public, in particular, deserves to money, and the President sold it to The PRESIDING OFFICER. The Sen- the full story about financial entangle- a Russian oligarch for tens of millions ator from Minnesota. ments between Russia and the Presi- of dollars beyond what he paid for it. Ms. KLOBUCHAR. Mr. President, I dent and his associates. Obviously, the I was particularly concerned when I rise tonight to join my colleagues in American people are constantly read- read the press accounts of Florida speaking to the need to immediately

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.054 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1374 CONGRESSIONAL RECORD — SENATE March 6, 2018 respond to Russian interference. I will continue to be a target for foreign grant funding for States to secure their would like to thank Senator WHITE- adversaries. Intelligence reports make elections systems. It is paid for. We HOUSE for bringing us together. it clear that Russia used covert cyber found a pay-for. This evening, many of my colleagues attacks, espionage, and harmful propa- We have a similar bill that is led by have spoken about how Russian aggres- ganda to attack our political system. Congressman MEADOWS in the House— sion affects Americans and our allies I mentioned the attempts on 21 State the head of the Freedom Caucus—be- across the world. Some have discussed election systems. Do you know when cause they understand that freedom is the need for sanctions to defer Russia the real election—the general elec- not cheap, that to guarantee freedom, and the fact that the administration tion—is? It is 245 days away, with pri- you must have a secure democracy, and has not yet imposed sanctions, the maries beginning today. We have not $386 million is just 3 percent of the cost same sanctions that were passed by the imposed the sanctions—the administra- of one aircraft carrier. Senate 98 to 2 and 419 to 3 in the House tion hasn’t—despite this body’s taking I think most Americans would agree of Representatives. Those were the ad- firm action that we wanted to see these that, as we see more and more sophisti- ditional sanctions that were directly sanctions imposed. cated types of warfare happening, to related to the interference in the elec- We have had six security heads from not even pay attention to helping the tions and what we saw take place over this administration—not from the States fund this election equipment the last year. They sit dormant. Obama administration; they already that has been woefully underfunded is Others have talked about the impor- spoke out on this. The head of the CIA, a huge mistake. tance of Special Counsel Mueller’s in- the Director of National Intelligence, The second thing that we need to vestigation and the fact that it must and the head of the FBI have all testi- do—by the way we can do this now. We move forward without interference fied before U.S. Senate committees can do this in the omnibus bill. The from the White House. Nearly a dozen that, in fact, this is happening now. It second thing we need to do is improve Senators have come to the floor to was Director Coats, who was once a information sharing so that local elec- highlight the need to stand up to Rus- Senator here, who said that, in fact, he tion officials know when they are at- sia. I am here to talk about the critical believes the Russians are getting bold- tacked and how to respond. It took the need to safeguard the most funda- er. These are not the words of Obama’s Federal Government nearly a year to mental part of our democracy—the security people. These are the words of notify these 21 States that were tar- U.S. elections. Trump’s security people. geted by Russian-backed hackers. That Today, I heard the Prime Minister of Last week, NSA Director Rogers said cannot happen again. Sweden address our Nation. When this about Russia: ‘‘They haven’t paid Finally, we need a reliable backup standing next to the President, he was a price at least that is sufficient to get system. I am talking about paper asked a question about this, and he put them to change their behavior.’’ backup ballots—the old-fashioned way. it simply. He said that in their coun- Earlier this year, CIA Director There are 10 States that don’t have try, they believe that the people, the Pompeo said that he has seen no signs them. citizens of their country, should be the that Russia has decreased its activity The integrity of our election system ones who make the decisions about and that Russia is currently working is the cornerstone of our democracy. their elections, that they are the ones to disrupt the upcoming 2018 elections. Americans have fought and died for our who should be able to vote, that they It is the policy of the United States democracy since our country was are the ones who should be able to have of America to defend against and re- founded, and we must guarantee that their own opinions not be influenced by spond to threats to our Nation. This is democracy continues. foreign countries acting as if they are a cyber attack. It is not with bullets, I thank the Presiding Officer. people in their country. and it is not with tanks. It is not with I yield the floor. It is the Presiding Officer who made aircraft, but it is an attack. It is, sim- The PRESIDING OFFICER. The ma- the statement that I have quoted so ply, using the computer system. In jority leader. many times—that in the last election, every briefing that I have gone to, this f it was one candidate and one party, is always listed as one of the major and in the next election, it could be the ways in which foreign adversaries are MORNING BUSINESS other candidate and the other party. going to attack our Nation—they are Mr. MCCONNELL. Mr. President, I We do not come here in a partisan way. going to use the internet. Here we have ask unanimous consent that the Sen- We come here because the clock is it happening right here on our very de- ate be in a period of morning business, ticking. mocracy, itself. with Senators permitted to speak Today marks an important day in In order to protect our election sys- therein for up to 10 minutes each. the 2018 election cycle. Texas is holding tem, we need to do three key things. The PRESIDING OFFICER. Without the first State primary, and others First, we must give State and local objection, it is so ordered. begin in the coming weeks, including officials the tools and resources they f in Illinois. Illinois was one of 21 States need to prevent hacks and safeguard that the Russians attempted to hack election infrastructure from foreign in- ADDITIONAL STATEMENTS into—Illinois, where they actually terference. They need those resources hacked into their voter data, which is now, not after the election, not after the personal information about their the primaries. Today, more than 40 REMEMBERING DANA MARSHALL- voters. Those elections are coming. We States, as I mentioned, rely on elec- BERNSTEIN are glad that we have a decentralized tronic voting systems that are at least ∑ Ms. CORTEZ MASTO. Mr. President, system so that they have different sys- 10 years old. Do you think the Russians it is with a heavy heart that I honor tems. It is easier to hack into one cen- don’t know that? Do you think I am the life and memory of Dana Marshall- tralized system. It also means that giving away some state secret here? Of Bernstein and express my deepest con- they have many things to choose from, course they know that. dolences to her parents, family, and and we have 40 States that haven’t up- Ten years ago, on February 6, 2008, it friends. dated their equipment in over 10 years. was Super Tuesday for the 2008 Presi- Dana was diagnosed as a young child We have 10 States that don’t even have dential election. A lot has changed in with Crohn’s disease, which she suc- backup paper ballots, and we sit here the last 10 years but not our voting cumbed to at age 28, but Dana did not doing nothing when the solution is equipment. It has remained the same. allow her disease to define her and in- right in front of us. That is why I am leading bipartisan stead will be remembered for her infal- Over the course of the last year, I legislation with Senator LANKFORD. lible spirit, perseverance, strength, and have come to the floor a number of This is a bipartisan effort. We also ap- courage. Through her large collection times to urge this body to take imme- preciate our cosponsors Senators HAR- of hats and artistic spirit, Dana diate action to beef up our election cy- RIS, GRAHAM, COLLINS, and HEINRICH. brought joy to so many. She was a bersecurity. There is no longer any We call this bill the Secure Elections light in the lives around her, as a doubt that our elections have been and Act. It would provide $386 million in ‘‘spiritual warrior,’’ giving hope and

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.055 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1375 support through her work with the businesses in the city. With a history ing on the military and political his- southwest chapter of the Crohn’s and dating back to as early as 1661, the tory of the Civil War. Colitis Foundation. residents of Sanford have worked to de- Dennis is a highly sought after tour Dana lived life to the fullest—skiing, velop and improve their community guide, having worked with the Smith- playing piano, creating art, and singing over time. This year the city will see sonian, National Geographic, and nu- every chance she got. Dana’s intel- the opening of a new combined high merous colleges and universities. He ligence, brilliance, amazing sense of school and technical center designed to has a remarkable gift for storytelling humor and wit, loving compassionate prepare students with the skills needed and has certainly made history a favor- heart, and all-around remarkable soul for the 21st century in area industries; ite subject for countless students. will always be in the hearts and minds the launch of a 50 MW solar array at West Virginia is great because our of her loving family and in those who the Seacoast Regional Airport which people are great—Mountaineers who had the fortune of knowing her.∑ will be the largest solar project in will always be free. In fact, when visi- f Maine and the largest solar array on tors come to West Virginia, I jump at any airport in the United States; and the chance to tell them about our won- 250TH ANNIVERSARY OF SANFORD, the construction of SanfordNet Fiber, a derful State. We have more veterans MAINE 45-mile dark fiber extension to Maine’s per capita than most any State in the ∑ Mr. KING. Mr. President, today I 3 Ring Binder high-speed internet sys- Nation. We have fought in more wars, wish to recognize the city of Sanford, tem. shed more blood, and lost more lives ME, on their 250th anniversary. As a I would like to congratulate and cele- for the cause of freedom than most any southern Maine community, Sanford’s brate with the citizens of Sanford on State. We have always done the heavy residents have access to the country- its 250th anniversary. I wish the city lifting and never complained. We have side and a downtown area, while also continued success and look forward to mined the coal and forged the steel being close to Maine’s coastal commu- seeing the celebration of this milestone that built the guns, ships, and factories nities. Sanford prides itself on being a throughout the year.∑ that have protected and continue to business friendly community, and the f protect our country. I am so deeply economic growth council has promoted proud of what our citizens have accom- a plan for the future of business which TRIBUTE TO DENNIS FRYE plished and what they will continue to includes greater development and revi- accomplish in the days and years talization of the city. ∑ Mr. MANCHIN. Mr. President, today ahead. On February 27, Sanford began their I wish to honor a prominent Civil War Dennis has been a vital part of keep- year of celebration with a kick-off historian, whose work spans the globe ing the legacy of our State alive and event in Central Park where residents as a lecturer, guide, and preserva- inspiring the next generation to re- had the opportunity to ice skate, drink tionist. Dennis Frye is the chief histo- search, learn, and appreciate what hot chocolate, enjoy music performed rian at Harpers Ferry National Park in makes West Virginia so special. by the high school chorus, and end the my home State of West Virginia. While he is retiring and everyone is night with a fireworks show. The city Born out of the fiery turmoil of the sure to miss his strong leadership, has a year to celebrate this milestone Civil War, the Mountain State was Dennis’s unwavering dedication pas- and will do so through events focusing founded by courageous patriots who sion for his work will leave a lasting on community engagement and pro- were willing to risk their lives and for- legacy with the countless lives he has motion of local business. tunes in a united pursuit of justice and touched. I am sincerely grateful for his In 1661, William Phillips purchased freedom for all. As West Virginians, we remarkable work and for showcasing land from two Native American leaders take great pride in our history, and it our beautiful State to the rest of the which would be called Phillipstown. is so important to instill this commit- Nation. I am deeply honored to wish The land was first inhabited in 1739, ment to our values in the next genera- good health and much happiness to and in 1768, the residents of tion. That is Dennis’s legacy. Dennis and his family in the days and Phillipstown received town status. The As a preservationist, Dennis is a co- years ahead.∑ Governor of Massachusetts chose the founder and first president of the Save f name for the new town, as Maine was a Historic Antietam Foundation and is province of Massachusetts at the time. also a cofounder and former president TRIBUTE TO EVERETT LEE The name ‘‘Sanford’’ was chosen in of the Civil War Trust. His lifetime ∑ Mr. MANCHIN. Mr. President, today honor of Peleg Sanford, the stepson of achievements in the Civil War history I wish to honor the legacy of a trail- William Phillips, who served as Gov- community have earned him numerous blazing musician and conductor from ernor of Rhode Island. In Sanford, work awards and recognitions, including the beautiful Wheeling, WV: Everett Lee. in sawmills saw growth in the early Shelby Foote Award by the Civil War Everett has not only been witness to 19th century, followed by development Trust and the Nevins-Freeman Award changes in the classical music industry in agriculture and textiles. The estab- by the Civil War Roundtable of Chi- in the last century, but he has been an lishment of Goodall Mills in the late cago—the first and oldest Civil War integral part of the change as well. His 1860s attracted skilled workers from roundtable. story began while working at a hotel in Canada and Europe. Looking forward Dennis has authored nearly 100 arti- Cleveland, OH, where he met the Cleve- to present day, Sanford achieved city cles and 10 books and also helped land Orchestra music director, Artur status in January of 2013, making it produce the Emmy Award-winning tel- Rodzinkski. The director, having al- the newest city in the State of Maine. evision features about the Battle of ready heard of Everett’s remarkable Today Sanford is home to 21,000 resi- Antietam, abolitionist John Brown, talent, invited him to attend concerts dents that span residential areas and and Maryland during the Civil War. He on Saturdays. Rodzinkski was a men- woodlands, including access to three has been published in countless pres- tor to Everett and inspired him to con- different trail ways. In addition to en- tigious Civil War magazines, including tinue his violin training and eventually joying the nature surrounding Sanford, Civil War Times Illustrated, America’s enroll at the Cleveland Institute of the parks and recreation department Civil War, Blue & Gray Magazine, Music. also hosts a variety of events that North and South Magazine, and Hal- Everett enlisted in the military of meet the interests of all generations, lowed Ground and has been featured as June 1943, serving as an aviation cadet including line-dancing, pickleball a guest contributor to the Washington at the Tuskegee Army Air Field. Fol- games, activities at the YMCA, and an Post. His book, ‘‘Harpers Ferry Under lowing an injury in the military, Ever- annual Winterfest. Fire,’’ received the national book of ett made his way to New York to serve For its 250th anniversary, Sanford is the year award from the Association of in the orchestra for Broadway’s ‘‘Car- celebrating this milestone with the de- Partners for Public Lands. ‘‘September men Jones,’’ a reimagining of Bizet’s sign of a new anniversary logo, the cre- Suspense: Lincoln’s Union in Peril’’ opera with an all African-American ation of a commemorative coin, and a was awarded the 2012 Laney Book Prize cast. One evening, the conductor was communitywide promotion to support for distinguished scholarship and writ- unable to attend a performance, and

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.044 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1376 CONGRESSIONAL RECORD — SENATE March 6, 2018 Everett stepped up to fill the role, a States submitting sundry nominations H.R. 2673. An act to designate the facility move that launched his talent and pro- which were referred to the appropriate of the United States Postal Service located fessionalism into the spotlight. committees. at 514 Broadway Street in Pekin, Illinois, as In 1945, Everett served as the music (The messages received today are the ‘‘Lance Corporal Jordan S. Bastean Post Office’’; to the Committee on Homeland Se- director of ‘‘On the Town,’’ a printed at the end of the Senate curity and Governmental Affairs. groundbreaking show for having an in- proceedings.) H.R. 3183. An act to designate the facility tegrated cast. Still, despite his success, f of the United States Postal Service located Everett faced adversity and was once at 13683 James Madison Highway in Palmyra, advised against auditioning for a seat MESSAGES FROM THE HOUSE Virginia, as the ‘‘U.S. Navy Seaman Dakota in the New York Philharmonic. Many At 10:16 a.m., a message from the Kyle Rigsby Post Office’’; to the Committee on Homeland Security and Governmental Af- thought the South would not yet em- House of Representatives, delivered by brace him either. His response was to fairs. Mrs. Cole, one of its reading clerks, an- H.R. 4406. An act to designate the facility aim even higher and pursue an even nounced that the House has passed the of the United States Postal Service located more challenging career path as a con- following bill, without amendment: at 99 Macombs Place in New York, New ductor. In 1947, he founded the Cos- S. 831. An act to designate the facility of York, as the ‘‘Tuskegee Airman Post Office mopolitan Symphony, which became the United States Postal Service located at Building’’; to the Committee on Homeland famous for its inclusion of all 120 West Pike Street in Canonsburg, Penn- Security and Governmental Affairs. ethnicities and backgrounds. sylvania, as the ‘‘Police Officer Scott H.R. 4646. An act to designate the facility In time, Everett was invited by na- Bashioum Post Office Building’’. of the United States Postal Service located tional and international symphonies to at 1900 Corporate Drive in Birmingham, Ala- The message also announced that the bama, as the ‘‘Lance Corporal Thomas E. conduct, including the Louisville Sym- House has passed the following bills, in Rivers, Jr. Post Office Building’’; to the phony, which in 1953 made Everett the which it requests the concurrence of Committee on Homeland Security and Gov- first African-American to lead a major the Senate: ernmental Affairs. symphony orchestra in the U.S. South. H.R. 1209. An act to designate the facility H.R. 4685. An act to designate the facility He went on to break even more barriers of the United States Postal Service located of the United States Postal Service located and rise above any challenge that came at 901 N. Francisco Avenue, Mission, Texas, at 515 Hope Street in Bristol, Rhode Island, his way. Conducting an acclaimed New as the ‘‘Mission Veterans Post Office Build- as the ‘‘First Sergeant P. Andrew McKenna York City Opera production of ‘‘La ing’’. Jr. Post Office’’; to the Committee on Home- land Security and Governmental Affairs. Traviata’’ in 1955 made him the first H.R. 2673. An act to designate the facility African-American to conduct a profes- of the United States Postal Service located f at 514 Broadway Street in Pekin, Illinois, as sional grand opera in the United the ‘‘Lance Corporal Jordan S. Bastean Post EXECUTIVE AND OTHER States. Office’’. COMMUNICATIONS Deciding that he would find better H.R. 3183. An act to designate the facility The following communications were opportunities outside of America, Ever- of the United States Postal Service located laid before the Senate, together with ett and his family moved to Germany at 13683 James Madison Highway in Palmyra, accompanying papers, reports, and doc- in 1957. He held the position as chief Virginia, as the ‘‘U.S. Navy Seaman Dakota uments, and were referred as indicated: conductor of the Norrkoping Sym- Kyle Rigsby Post Office’’. phony Orchestra in Sweden for a dec- H.R. 4406. An act to designate the facility EC–4485. A communication from the Sec- of the United States Postal Service located ade. In 1976, he conducted the New retary of Defense, transmitting a report on at 99 Macombs Place in New York, New the approved retirement of Lieutenant Gen- York Philharmonic for the first time. York, as the ‘‘Tuskegee Airmen Post Office eral Sean B. MacFarland, United States It was a concert in honor of Dr. Martin Building’’. Army, and his advancement to the grade of Luther King, Jr., which was particu- H.R. 4646. An act to designate the facility lieutenant general on the retired list; to the larly fitting; both men held the ideal of the United States Postal Service located Committee on Armed Services. that they could embody the change at 1900 Corporate Drive in Birmingham, Ala- EC–4486. A communication from the Presi- they wanted to see in the world and bama, as the ‘‘Lance Corporal Thomas E. dent of the United States, transmitting, pur- created opportunities for those who Rivers, Jr. Post Office Building’’. suant to law, the continuation of the na- H.R. 4685. An act to designate the facility wanted to follow in their footsteps. tional emergency originally declared in exec- of the United States Postal Service located utive order 13288 on March 6, 2003, with re- Time and time again, sheer talent at 515 Hope Street in Bristol, Rhode Island, spect to the actions and policies of certain and strength of character have tran- as the ‘‘First Sergeant P. Andrew McKenna members of the Government of Zimbabwe scended societal obstacles. It is be- Jr. Post Office’’. and other persons to undermine Zimbabwe’s cause of individuals such as Everett ENROLLED BILL SIGNED democratic processes or institutions; to the Lee that countless musicians, regard- At 12:36 p.m., a message from the Committee on Banking, Housing, and Urban less of their background or ethnicity, Affairs. House of Representatives, delivered by EC–4487. A communication from the Presi- have pursued their dreams. Mrs. Cole, one of its reading clerks, an- On his 100th birthday, the Mayor of dent of the United States, transmitting, pur- nounced that the Speaker has signed suant to law, a report relative to the con- Wheeling designated August 31 as the following enrolled bill: tinuation of the national emergency origi- ‘‘Everett Lee Day’’ so we could all cele- H.R. 3656. An act to amend title 38, United nally declared in Executive Order 13692 on brate his extraordinary talent and States Code, to provide for a consistent eligi- March 8, 2015, with respect to Venezuela; to strength of character. We are truly bility date for provision of Department of the Committee on Banking, Housing, and blessed to have such an international Veterans Affairs memorial headstones and Urban Affairs. treasure as a part of our West Virginia markers for eligible spouses and dependent EC–4488. A communication from the Presi- family. Again, it is a great honor and children of veterans whose remains are un- dent of the United States, transmitting, pur- privilege to recognize his many accom- available. suant to law, a report relative to the con- tinuation of the national emergency origi- plishments, and I wish him and his The enrolled bill was subsequently nally declared in Executive Order 13660 on family the very best.∑ signed by the President pro tempore March 6, 2014, with respect to Ukraine; to the f (Mr. HATCH). Committee on Banking, Housing, and Urban f Affairs. MESSAGES FROM THE PRESIDENT EC–4489. A communication from the Pro- Messages from the President of the MEASURES REFERRED gram Specialist (Paperwork Reduction Act), United States were communicated to The following bills were read the first Office of the Comptroller of the Currency, Department of the Treasury, transmitting, the Senate by Ms. Ridgway, one of his and the second times by unanimous secretaries. pursuant to law, the report of a rule entitled consent, and referred as indicated: ‘‘Annual Stress Test—Technical and Con- f H.R. 1209. An act to designate the facility forming Changes’’ (RIN1557–AE28) received in EXECUTIVE MESSAGES REFERRED of the United States Postal Service located the Office of the President of the Senate on at 901 N. Francisco Avenue, Mission, Texas, March 5, 2018; to the Committee on Banking, As in executive session the Presiding as the ‘‘Mission Veterans Post Office Build- Housing, and Urban Affairs. Officer laid before the Senate messages ing’’; to the Committee on Homeland Secu- EC–4490. A communication from the Chief from the President of the United rity and Governmental Affairs. of the Publications and Regulations Branch,

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.046 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1377 Internal Revenue Service, Department of the Aviation Administration, Department of Senate on March 5, 2018; to the Committee Treasury, transmitting, pursuant to law, the Transportation, transmitting, pursuant to on Commerce, Science, and Transportation. report of a rule entitled ‘‘Health Insurance law, the report of a rule entitled ‘‘Airworthi- EC–4508. A communication from the Man- Providers Fee’’ ((RIN1545–BM52) (TD 9830)) ness Directives; Airbus Airplanes’’ ((RIN2120– agement and Program Analyst, Federal received in the Office of the President pro AA64) (Docket No. FAA–2018–0069)) received Aviation Administration, Department of tempore of the Senate; to the Committee on in the Office of the President of the Senate Transportation, transmitting, pursuant to Finance. on March 5, 2018; to the Committee on Com- law, the report of a rule entitled ‘‘Amend- EC–4491. A communication from the Chief merce, Science, and Transportation. ment of Class E Airspace; Millersburg, OH of the Publications and Regulations Branch, EC–4500. A communication from the Man- and Coshocton, OH’’ ((RIN2120–AA66) (Docket Internal Revenue Service, Department of the agement and Program Analyst, Federal No. FAA–2017–0342)) received in the Office of Treasury, transmitting, pursuant to law, the Aviation Administration, Department of the President of the Senate on March 5, 2018; report of a rule entitled ‘‘Presence of Certain Transportation, transmitting, pursuant to to the Committee on Commerce, Science, Individuals in the Commonwealth of Puerto law, the report of a rule entitled ‘‘Airworthi- and Transportation. Rico or the United States Virgin Islands ness Directives; Airbus Airplanes’’ ((RIN2120– EC–4509. A communication from the Man- Under Section 937(a) Following Hurricane AA64) (Docket No. FAA–2018–0030)) received agement and Program Analyst, Federal Irma or Hurricane Maria’’ (Notice 2018–19) re- in the Office of the President of the Senate Aviation Administration, Department of ceived in the Office of the President pro tem- on March 5, 2018; to the Committee on Com- Transportation, transmitting, pursuant to pore of the Senate; to the Committee on Fi- merce, Science, and Transportation. law, the report of a rule entitled ‘‘Amend- nance. EC–4501. A communication from the Man- ment of Class E Airspace; Fort Scott, KS and EC–4492. A communication from the Assist- agement and Program Analyst, Federal Phillipsburg, KS’’ ((RIN2120–AA66) (Docket ant General Counsel, General Law, Ethics, Aviation Administration, Department of No. FAA–2017–0523)) received in the Office of and Regulation, Department of the Treasury, Transportation, transmitting, pursuant to the President of the Senate on March 5, 2018; transmitting, pursuant to law, five (5) re- law, the report of a rule entitled ‘‘Airworthi- to the Committee on Commerce, Science, ports relative to vacancies in the Depart- ness Directives; Airbus Airplanes’’ ((RIN2120– and Transportation. ment of the Treasury, received in the Office AA64) (Docket No. FAA–2018–0070)) received EC–4510. A communication from the Man- of the President of the Senate on March 1, in the Office of the President of the Senate agement and Program Analyst, Federal 2018; to the Committee on Finance. on March 5, 2018; to the Committee on Com- Aviation Administration, Department of EC–4493. A communication from the Assist- merce, Science, and Transportation. Transportation, transmitting, pursuant to ant General Counsel for Regulatory Services, EC–4502. A communication from the Man- law, the report of a rule entitled ‘‘Establish- Office of General Counsel, Department of agement and Program Analyst, Federal ment of Class E Airspace; Spanish Fork, UT’’ Education, transmitting, pursuant to law, Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2017–0897)) the report of a rule entitled ‘‘Secretary’s Transportation, transmitting, pursuant to received in the Office of the President of the Final Supplemental Priorities and Defini- law, the report of a rule entitled ‘‘Airworthi- Senate on March 5, 2018; to the Committee tions for Discretionary Grant Programs’’ ness Directives; Airbus Airplanes’’ ((RIN2120– on Commerce, Science, and Transportation. (RIN1894–AA09) received in the Office of the AA64) (Docket No. FAA–2017–0713)) received EC–4511. A communication from the Man- President of the Senate on March 5, 2018; to in the Office of the President of the Senate agement and Program Analyst, Federal the Committee on Health, Education, Labor, on March 5, 2018; to the Committee on Com- Aviation Administration, Department of and Pensions. merce, Science, and Transportation. Transportation, transmitting, pursuant to EC–4494. A communication from the Assist- EC–4503. A communication from the Man- law, the report of a rule entitled ‘‘Establish- ant General Counsel, General Law, Ethics, agement and Program Analyst, Federal ment of Class E Airspace; Johnson City, TN’’ and Regulation, Department of the Treasury, Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2017–0279)) transmitting, pursuant to law, two (2) re- Transportation, transmitting, pursuant to received in the Office of the President of the ports relative to vacancies in the Depart- law, the report of a rule entitled ‘‘Airworthi- Senate on March 5, 2018; to the Committee ment of the Treasury, received in the Office ness Directives; Airbus Airplanes’’ ((RIN2120– on Commerce, Science, and Transportation. of the President of the Senate on March 1, AA64) (Docket No. FAA–2018–0076)) received EC–4512. A communication from the Man- 2018; to the Select Committee on Intel- in the Office of the President of the Senate agement and Program Analyst, Federal ligence. Aviation Administration, Department of EC–4495. A communication from the Assist- on March 5, 2018; to the Committee on Com- Transportation, transmitting, pursuant to ant Attorney General, Office of Legislative merce, Science, and Transportation. Affairs, Department of Justice, transmit- EC–4504. A communication from the Man- law, the report of a rule entitled ‘‘Revoca- ting, pursuant to law, a report entitled ‘‘The agement and Program Analyst, Federal tion of Class E Airspace; Pulaski, WI’’ Department of Justice Freedom of Informa- Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2017–0818)) tion Act 2017 Litigation and Compliance Re- Transportation, transmitting, pursuant to received in the Office of the President of the port’’, the Uniform Resource Locator (URL) law, the report of a rule entitled ‘‘Airworthi- Senate on March 5, 2018; to the Committee for all federal agencies’ Freedom of Informa- ness Directives; Airbus Airplanes’’ ((RIN2120– on Commerce, Science, and Transportation. EC–4513. A communication from the Man- tion Act reports; to the Committee on the AA64) (Docket No. FAA–2017–0707)) received Judiciary. in the Office of the President of the Senate agement and Program Analyst, Federal EC–4496. A communication from the Man- on March 5, 2018; to the Committee on Com- Aviation Administration, Department of agement and Program Analyst, Federal merce, Science, and Transportation. Transportation, transmitting, pursuant to Aviation Administration, Department of EC–4505. A communication from the Man- law, the report of a rule entitled ‘‘Amend- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ment of Class D and E Airspace; Cape law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of Girardeau, MO; St. Louis, MO; and Macon, ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation, transmitting, pursuant to MO’’ ((RIN2120–AA66) (Docket No. FAA–2016– AA64) (Docket No. FAA–2018–0075)) received law, the report of a rule entitled ‘‘Airworthi- 9559)) received in the Office of the President in the Office of the President of the Senate ness Directives; The Boeing Company Air- of the Senate on March 5, 2018; to the Com- on March 5, 2018; to the Committee on Com- planes’’ ((RIN2120–AA64) (Docket No. FAA– mittee on Commerce, Science, and Transpor- merce, Science, and Transportation. 2017–0630)) received in the Office of the Presi- tation. EC–4497. A communication from the Man- dent of the Senate on March 5, 2018; to the EC–4514. A communication from the Man- agement and Program Analyst, Federal Committee on Commerce, Science, and agement and Program Analyst, Federal Aviation Administration, Department of Transportation. Aviation Administration, Department of Transportation, transmitting, pursuant to EC–4506. A communication from the Man- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- ness Directives; Airbus Airplanes’’ ((RIN2120– Aviation Administration, Department of ness Directives; GE Aviation Czech s.r.o. AA64) (Docket No. FAA–2018–0024)) received Transportation, transmitting, pursuant to Turboprop Engines’’ ((RIN2120–AA64) (Dock- in the Office of the President of the Senate law, the report of a rule entitled ‘‘Airworthi- et No. FAA–2017–0658)) received in the Office on March 5, 2018; to the Committee on Com- ness Directives; The Boeing Company Air- of the President of the Senate on March 5, merce, Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– 2018; to the Committee on Commerce, EC–4498. A communication from the Man- 2017–0901)) received in the Office of the Presi- Science, and Transportation. agement and Program Analyst, Federal dent of the Senate on March 5, 2018; to the EC–4515. A communication from the Man- Aviation Administration, Department of Committee on Commerce, Science, and agement and Program Analyst, Federal Transportation, transmitting, pursuant to Transportation. Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- EC–4507. A communication from the Man- Transportation, transmitting, pursuant to ness Directives; Airbus Airplanes’’ ((RIN2120– agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- AA64) (Docket No. FAA–2018–0029)) received Aviation Administration, Department of ness Directives; Rosemont Aerospace, Inc. in the Office of the President of the Senate Transportation, transmitting, pursuant to Pilot Probes’’ ((RIN2120–AA64) (Docket No. on March 5, 2018; to the Committee on Com- law, the report of a rule entitled ‘‘Airworthi- FAA–2016–6616)) received in the Office of the merce, Science, and Transportation. ness Directives; Bombardier, Inc., Airplanes’’ President of the Senate on March 5, 2018; to EC–4499. A communication from the Man- ((RIN2120–AA64) (Docket No. FAA–2017–0811)) the Committee on Commerce, Science, and agement and Program Analyst, Federal received in the Office of the President of the Transportation.

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.018 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1378 CONGRESSIONAL RECORD — SENATE March 6, 2018 EC–4516. A communication from the Man- Committee on Commerce, Science, and INTRODUCTION OF BILLS AND agement and Program Analyst, Federal Transportation. JOINT RESOLUTIONS Aviation Administration, Department of EC–4524. A communication from the Man- Transportation, transmitting, pursuant to agement and Program Analyst, Federal The following bills and joint resolu- law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of tions were introduced, read the first ness Directives; Stemme AG Gliders’’ Transportation, transmitting, pursuant to and second times by unanimous con- ((RIN2120–AA64) (Docket No. FAA–2017–0952)) law, the report of a rule entitled ‘‘Modifica- sent, and referred as indicated: received in the Office of the President of the tion of Air Traffic Service (ATS) Routes; By Ms. WARREN: Senate on March 5, 2018; to the Committee Western United States’’ ((RIN2120–AA66) S. 2499. A bill to require the Financial In- on Commerce, Science, and Transportation. (Docket No. FAA–2017–0344)) received in the dustry Regulatory Authority to establish a EC–4517. A communication from the Man- Office of the President of the Senate on relief fund to provide investors with the full agement and Program Analyst, Federal March 5, 2018; to the Committee on Com- value of unpaid arbitration awards issued Aviation Administration, Department of merce, Science, and Transportation. Transportation, transmitting, pursuant to against brokerage firms or brokers regulated EC–4525. A communication from the Man- by the Authority; to the Committee on law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal ness Directives; Pacific Aerospace Limited Banking, Housing, and Urban Affairs. Aviation Administration, Department of By Mr. CASEY (for himself and Ms. Airplanes’’ ((RIN2120–AA64) (Docket No. Transportation, transmitting, pursuant to COLLINS): FAA–2018–0066)) received in the Office of the law, the report of a rule entitled ‘‘Amend- S. 2500. A bill to award a Congressional President of the Senate on March 5, 2018; to ment of Multiple Air Traffic Service (ATS) Gold Medal, collectively, to the women in the Committee on Commerce, Science, and Routes; North Central United States’’ the United States who joined the workforce Transportation. ((RIN2120–AA66) (Docket No. FAA–2017–1082)) EC–4518. A communication from the Man- during World War II, providing the vehicles, received in the Office of the President of the agement and Program Analyst, Federal weaponry, and ammunition to win the war, Senate on March 5, 2018; to the Committee Aviation Administration, Department of that were referred to as ‘‘Rosie the Riveter’’, on Commerce, Science, and Transportation. Transportation, transmitting, pursuant to in recognition of their contributions to the EC–4526. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- United States and the inspiration they have agement and Program Analyst, Federal ness Directives; Aeroclubul Romaniei Glid- provided to ensuing generations; to the Com- Aviation Administration, Department of ers’’ ((RIN2120–AA64) (Docket No. FAA–2017– mittee on Banking, Housing, and Urban Af- Transportation, transmitting, pursuant to 1068)) received in the Office of the President fairs. law, the report of a rule entitled ‘‘Standard of the Senate on March 5, 2018; to the Com- By Mr. GARDNER (for himself, Mr. Instrument Approach Procedures, and Take- mittee on Commerce, Science, and Transpor- BENNET, and Mr. WYDEN): off Minimums and Obstacle Departure Proce- tation. S. 2501. A bill to amend the Omnibus Parks dures; Miscellaneous Amendments (71); EC–4519. A communication from the Man- and Public Lands Management Act of 1996 to Amdt. No. 3785’’ (RIN2120–AA65) received in agement and Program Analyst, Federal provide for the establishment of a Ski Area the Office of the President of the Senate on Aviation Administration, Department of Fee Retention Account; to the Committee on March 5, 2018; to the Committee on Com- Transportation, transmitting, pursuant to Energy and Natural Resources. merce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- By Mr. GRASSLEY (for himself and ness Directives; Dassault Aviation Air- EC–4527. A communication from the Man- Mr. CRUZ): planes’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal S. 2502. A bill to address gun violence, im- 2017–0694)) received in the Office of the Presi- Aviation Administration, Department of prove the availability of records to the Na- dent of the Senate on March 5, 2018; to the Transportation, transmitting, pursuant to tional Instant Criminal Background Check Committee on Commerce, Science, and law, the report of a rule entitled ‘‘Standard System, address mental illness in the crimi- Transportation. Instrument Approach Procedures, and Take- nal justice system, and end straw purchases EC–4520. A communication from the Man- off Minimums and Obstacle Departure Proce- and trafficking of illegal firearms, and for agement and Program Analyst, Federal dures; Miscellaneous Amendments (3); Amdt. other purposes; to the Committee on the Ju- Aviation Administration, Department of No. 3786’’ (RIN2120–AA65) received in the Of- diciary. Transportation, transmitting, pursuant to fice of the President of the Senate on March By Ms. MURKOWSKI (for herself and 5, 2018; to the Committee on Commerce, law, the report of a rule entitled ‘‘Airworthi- Ms. CANTWELL): Science, and Transportation. ness Directives; General Electric Company S. 2503. A bill to establish Department of Turboprop Engines’’ ((RIN2120–AA64) (Dock- EC–4528. A communication from the Pro- Energy policy for science and energy re- et No. FAA–2017–0943)) received in the Office gram Analyst, National Highway Traffic search and development programs, and re- of the President of the Senate on March 5, Safety Administration, Department of form National Laboratory management and 2018; to the Committee on Commerce, Transportation, transmitting, pursuant to technology transfer programs, and for other Science, and Transportation. law, the report of a rule entitled ‘‘Federal purposes; to the Committee on Energy and EC–4521. A communication from the Man- Motor Vehicle Safety Standard No. 141, Min- Natural Resources. agement and Program Analyst, Federal imum Sound Requirements for Hybrid and By Mr. PETERS (for himself, Mr. CRUZ, Aviation Administration, Department of Electric Vehicles’’ (RIN2127–AL84) received Mr. NELSON, and Mr. GARDNER): Transportation, transmitting, pursuant to in the Office of the President of the Senate S. 2504. A bill to provide for continuing co- law, the report of a rule entitled ‘‘Airworthi- on March 5, 2018; to the Committee on Com- operation between the National Aeronautics ness Directives; 328 Support Services GmbH merce, Science, and Transportation. and Space Administration and the Israel (Type Certificate Previously Held by AvCraft Space Agency, and for other purposes; to the Aerospace GmbH; Fairchild Dornier GmbH; f Committee on Foreign Relations. Dornier Luftfahrt GmbH) Airplanes’’ By Mr. BOOKER (for himself and Mr. ((RIN2120–AA64) (Docket No. FAA–2018–0026)) CASEY): received in the Office of the President of the EXECUTIVE REPORTS OF Senate on March 5, 2018; to the Committee COMMITTEE S. 2505. A bill to amend the Internal Rev- on Commerce, Science, and Transportation. enue Code of 1986 to ensure that workers and EC–4522. A communication from the Man- The following executive reports of communities that are responsible for record agement and Program Analyst, Federal nominations were submitted: corporate profits benefit from the wealth that those workers and communities help to Aviation Administration, Department of By Mr. INHOFE for Mr. MCCAIN for the Transportation, transmitting, pursuant to Committee on Armed Services. create, and for other purposes; to the Com- mittee on Finance. law, the report of a rule entitled ‘‘Airworthi- Army nomination of Lt. Gen. Paul M. ness Directives; Various Aircraft Equipped Nakasone, to be General. with BRP–Rotax GmbH & Co KG 912 A Series *Brent K. Park, of Tennessee, to be Deputy f Engine’’ ((RIN2120–AA64) (Docket No. FAA– Administrator for Defense Nuclear Non- 2017–1078)) received in the Office of the Presi- proliferation, National Nuclear Security Ad- SUBMISSION OF CONCURRENT AND dent of the Senate on March 5, 2018; to the ministration. Committee on Commerce, Science, and SENATE RESOLUTIONS Transportation. *Nomination was reported with rec- The following concurrent resolutions EC–4523. A communication from the Man- ommendation that it be confirmed sub- and Senate resolutions were read, and agement and Program Analyst, Federal ject to the nominee’s commitment to referred (or acted upon), as indicated: Aviation Administration, Department of respond to requests to appear and tes- Transportation, transmitting, pursuant to tify before any duly constituted com- By Ms. BALDWIN (for herself and Mr. PERDUE): law, the report of a rule entitled ‘‘Airworthi- mittee of the Senate. ness Directives; Textron Aviation Inc. Air- S. Res. 424. A resolution honoring the 25th planes’’ ((RIN2120–AA64) (Docket No. FAA– (Nominations without an asterisk anniversary of the National Guard Youth 2018–0068)) received in the Office of the Presi- were reported with the recommenda- Challenge Program; to the Committee on dent of the Senate on March 5, 2018; to the tion that they be confirmed.) Armed Services.

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.020 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1379 ADDITIONAL COSPONSORS the Government pension offset and MERKLEY) and the Senator from Oregon S. 170 windfall elimination provisions. (Mr. WYDEN) were added as cosponsors of S. 2095, a bill to regulate assault At the request of Mr. RUBIO, the S. 1539 name of the Senator from Idaho (Mr. At the request of Ms. KLOBUCHAR, the weapons, to ensure that the right to keep and bear arms is not unlimited, RISCH) was added as a cosponsor of S. name of the Senator from Michigan 170, a bill to provide for nonpreemption (Ms. STABENOW) was added as a cospon- and for other purposes. of measures by State and local govern- sor of S. 1539, a bill to protect victims S. 2135 ments to divest from entities that en- of stalking from gun violence. At the request of Mr. CORNYN, the gage in commerce-related or invest- S. 1600 names of the Senator from North Caro- ment-related boycott, divestment, or At the request of Ms. HIRONO, the lina (Mr. BURR), the Senator from sanctions activities targeting Israel, name of the Senator from Missouri Oklahoma (Mr. INHOFE), the Senator and for other purposes. (Mrs. MCCASKILL) was added as a co- from West Virginia (Mr. MANCHIN) and S. 266 sponsor of S. 1600, a bill to amend title the Senator from Indiana (Mr. DON- At the request of Mr. HATCH, the II of the Social Security Act and the NELLY) were added as cosponsors of S. name of the Senator from West Vir- Internal Revenue Code of 1986 to make 2135, a bill to enforce current law re- ginia (Mr. MANCHIN) was added as a co- improvements in the old-age, sur- garding the National Instant Criminal sponsor of S. 266, a bill to award the vivors, and disability insurance pro- Background Check System. Congressional Gold Medal to Anwar gram, and to provide for Social Secu- S. 2147 Sadat in recognition of his heroic rity benefit protection. At the request of Mr. BROWN, the achievements and courageous contribu- S. 1667 name of the Senator from Massachu- tions to peace in the Middle East. At the request of Mrs. FEINSTEIN, the setts (Ms. WARREN) was added as a co- S. 407 name of the Senator from Massachu- sponsor of S. 2147, a bill to amend the At the request of Mr. CRAPO, the setts (Ms. WARREN) was added as a co- Internal Revenue Code of 1986 to create name of the Senator from Minnesota sponsor of S. 1667, a bill to amend the a Pension Rehabilitation Trust Fund (Ms. SMITH) was added as a cosponsor Public Health Service Act to provide to establish a Pension Rehabilitation of S. 407, a bill to amend the Internal protections for consumers against ex- Administration within the Department Revenue Code of 1986 to permanently cessive, unjustified, or unfairly dis- of the Treasury to make loans to mul- extend the railroad track maintenance criminatory increases in premium tiemployer defined benefit plans, and credit. rates. for other purposes. S. 517 S. 1676 S. 2268 At the request of Mrs. FISCHER, the At the request of Mrs. GILLIBRAND, At the request of Mr. BOOKER, the name of the Senator from Minnesota the name of the Senator from Min- name of the Senator from Missouri (Ms. SMITH) was added as a cosponsor nesota (Ms. SMITH) was added as a co- (Mrs. MCCASKILL) was added as a co- of S. 517, a bill to amend the Clean Air sponsor of S. 1676, a bill to amend the sponsor of S. 2268, a bill to amend the Act with respect to the ethanol waiver Rural Electrification Act of 1936 to pro- Higher Education Act of 1965 to modify for Reid vapor pressure limitations vide grants for access to broadband certain provisions relating to the cap- under such Act. telecommunications services in rural ital financing of historically Black col- S. 607 areas, and for other purposes. leges and universities. At the request of Mr. UDALL, the S. 1697 S. 2271 name of the Senator from Massachu- At the request of Mr. GRAHAM, the At the request of Mr. REED, the name setts (Ms. WARREN) was added as a co- names of the Senator from Connecticut of the Senator from New Hampshire sponsor of S. 607, a bill to establish a (Mr. BLUMENTHAL), the Senator from (Ms. HASSAN) was added as a cosponsor business incubators program within Nevada (Mr. HELLER) and the Senator of S. 2271, a bill to reauthorize the Mu- the Department of the Interior to pro- from Maine (Ms. COLLINS) were added seum and Library Services Act. mote economic development in Indian as cosponsors of S. 1697, a bill to condi- S. 2286 reservation communities. tion assistance to the West Bank and At the request of Mrs. FEINSTEIN, the S. 720 Gaza on steps by the Palestinian Au- name of the Senator from Maryland At the request of Mr. CARDIN, the thority to end violence and terrorism (Mr. VAN HOLLEN) was added as a co- names of the Senator from North Da- against Israeli citizens and United sponsor of S. 2286, a bill to amend the kota (Ms. HEITKAMP) and the Senator States Citizens. Peace Corps Act to provide greater pro- from Idaho (Mr. RISCH) were added as S. 1911 tection and services for Peace Corps cosponsors of S. 720, a bill to amend the At the request of Mr. MANCHIN, the volunteers, and for other purposes. Export Administration Act of 1979 to name of the Senator from Alabama S. 2289 include in the prohibitions on boycotts (Mr. JONES) was added as a cosponsor At the request of Ms. WARREN, the against allies of the United States boy- of S. 1911, a bill to amend the Surface name of the Senator from Michigan cotts fostered by international govern- Mining Control and Reclamation Act of (Ms. STABENOW) was added as a cospon- mental organizations against Israel 1977 to transfer certain funds to the sor of S. 2289, a bill to create an Office and to direct the Export-Import Bank 1974 United Mine Workers of America of Cybersecurity at the Federal Trade of the United States to oppose boycotts Pension Plan, and for other purposes. Commission for supervision of data se- against Israel, and for other purposes. S. 2009 curity at consumer reporting agencies, S. 834 At the request of Mr. MURPHY, the to require the promulgation of regula- At the request of Mr. MARKEY, the name of the Senator from Michigan tions establishing standards for effec- name of the Senator from Michigan (Ms. STABENOW) was added as a cospon- tive cybersecurity at consumer report- (Ms. STABENOW) was added as a cospon- sor of S. 2009, a bill to require a back- ing agencies, to impose penalties on sor of S. 834, a bill to authorize the ap- ground check for every firearm sale. credit reporting agencies for cyberse- propriation of funds to the Centers for S. 2047 curity breaches that put sensitive con- Disease Control and Prevention for At the request of Mr. MURPHY, the sumer data at risk, and for other pur- conducting or supporting research on names of the Senator from Oregon (Mr. poses. firearms safety or gun violence preven- WYDEN) and the Senator from Cali- S. 2334 tion. fornia (Mrs. FEINSTEIN) were added as At the request of Mr. HATCH, the S. 915 cosponsors of S. 2047, a bill to restrict names of the Senator from Louisiana At the request of Mr. BROWN, the the use of funds for kinetic military (Mr. KENNEDY) and the Senator from name of the Senator from Maryland operations in North Korea. Vermont (Mr. LEAHY) were added as co- (Mr. VAN HOLLEN) was added as a co- S. 2095 sponsors of S. 2334, a bill to amend title sponsor of S. 915, a bill to amend title At the request of Mrs. FEINSTEIN, the 17, United States Code, to provide clar- II of the Social Security Act to repeal names of the Senator from Oregon (Mr. ity with respect to, and to modernize,

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.014 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1380 CONGRESSIONAL RECORD — SENATE March 6, 2018 the licensing system for musical works from Alaska (Ms. MURKOWSKI) were free alternative education and structured under section 115 of that title, to en- added as cosponsors of S. 2497, a bill to discipline to at-risk youth between the ages sure fairness in the establishment of amend the Foreign Assistance Act of of 16 and 18; Whereas the Youth Challenge Program was certain rates and fees under sections 1961 and the Arms Export Control Act born from the visionary concept of using a 114 and 115 of that title, and for other to make improvements to certain de- ‘‘whole person’’ intervention model to com- purposes. fense and security assistance provi- bat the effects of gangs, violence, high rates S. 2343 sions and to authorize the appropria- of school dropout, and drug abuse on a gen- At the request of Mr. WICKER, the tions of funds to Israel, and for other eration of youth; names of the Senator from Missouri purposes. Whereas the Youth Challenge Program is a federally and State-funded program that of- S.J. RES. 54 (Mr. BLUNT) and the Senator from Min- fers a unique opportunity for at-risk youth nesota (Ms. SMITH) were added as co- At the request of Mr. SANDERS, the to change course at a critical time in life; sponsors of S. 2343, a bill to require the name of the Senator from Massachu- Whereas the multiphased Youth Challenge Federal Communications Commission setts (Mr. MARKEY) was added as a co- Program uses quasi-military discipline and to establish a task force for meeting sponsor of S.J. Res. 54, a joint resolu- training, coupled with educational instruc- the connectivity and technology needs tion to direct the removal of United tion, learning, and mentorship, to promote of precision agriculture in the United States Armed Forces from hostilities the character development and resilience of at-risk youth; States. in the Republic of Yemen that have not Whereas one phase of the Youth Challenge S. 2360 been authorized by Congress. Program is a 5-month residential program At the request of Ms. HEITKAMP, the S. CON. RES. 7 that focuses on the following 8 core compo- name of the Senator from California At the request of Mr. ROBERTS, the nents: life-coping skills, leadership and (Mrs. FEINSTEIN) was added as a co- name of the Senator from Pennsyl- followership, service to community, job sponsor of S. 2360, a bill to provide for skills, academic excellence, responsible citi- vania (Mr. CASEY) was added as a co- zenship, health and hygiene, and physical fit- the minimum size of crews of freight sponsor of S. Con. Res. 7, a concurrent ness; trains, and for other purposes. resolution expressing the sense of Con- Whereas another phase of the Youth Chal- S. 2381 gress that tax-exempt fraternal benefit lenge Program is a 12-month mentoring At the request of Ms. KLOBUCHAR, the societies have historically provided phase that builds on the 8 core components name of the Senator from Colorado and continue to provide critical bene- to help shape youth into productive citizens ready for societal success; (Mr. BENNET) was added as a cosponsor fits to the people and communities of the United States. Whereas the Youth Challenge Program of- of S. 2381, a bill to amend title 23, fers more than 10,000 cadets annually an op- United States Code, to direct the Sec- S. RES. 377 portunity to succeed outside of a traditional retary of Transportation to require At the request of Ms. WARREN, the high school environment; that broadband conduits be installed as name of the Senator from Indiana (Mr. Whereas there are currently 40 Youth Chal- a part of certain highway construction YOUNG) was added as a cosponsor of S. lenge programs operating in 28 States, Puer- projects, and for other purposes. Res. 377, a resolution recognizing the to Rico, and the District of Columbia; Whereas more than 160,000 cadets have S. 2383 importance of paying tribute to those graduated from the Youth Challenge Pro- At the request of Mr. HATCH, the individuals who have faithfully served gram; name of the Senator from North Caro- and retired from the Armed Forces of Whereas more than 110,000 academic cre- lina (Mr. BURR) was added as a cospon- the United States, designating April 18, dentials have been awarded under the Youth sor of S. 2383, a bill to amend title 18, 2018, as ‘‘Military Retiree Appreciation Challenge Program; and United States Code, to improve law en- Day’’, and encouraging the people of Whereas graduates of the Youth Challenge forcement access to data stored across the United States to honor the past Program have improved physically and men- borders, and for other purposes. and continued service of military retir- tally and are poised to become assets to the ees to their local communities and the communities of the graduates and to the S. 2467 United States: Now, therefore, be it At the request of Ms. HARRIS, the United States. Resolved, That the Senate— name of the Senator from Hawaii (Ms. S. RES. 402 (1) recognizes that the National Guard HIRONO) was added as a cosponsor of S. At the request of Mr. CARDIN, the Youth Challenge Program has been success- 2467, a bill to direct the Joint Com- name of the Senator from New Jersey fully helping at-risk youth for 25 years; (2) commends the accomplishments of all mittee on the Library to obtain a stat- (Mr. BOOKER) was added as a cosponsor of the graduates of the National Guard ue of Shirley Chisholm for placement of S. Res. 402, a resolution calling upon Youth Challenge Program; and in the United States Capitol. the President to exercise relevant man- (3) reaffirms the commitment of the Sen- S. 2490 datory sanctions authorities under the ate to support— At the request of Mr. SCOTT, the Countering America’s Adversaries (A) the National Guard Youth Challenge name of the Senator from Iowa (Mrs. Through Sanctions Act in response to Program; and (B) the critical mission of the National ERNST) was added as a cosponsor of S. the Government of the Russian Federa- Guard Youth Challenge Program to help and 2490, a bill to amend the Real Estate tion’s continued aggression in Ukraine and illegal occupation of Crimea and develop the character of at-risk youth in the Settlement Procedures Act of 1974 to United States. assault on democratic institutions modify requirements related to mort- f gage disclosures. around the world, including through cyber attacks. S. 2494 AMENDMENTS SUBMITTED AND PROPOSED At the request of Ms. BALDWIN, the f names of the Senator from Pennsyl- SUBMITTED RESOLUTIONS SA 2045. Mr. WICKER (for himself, Ms. vania (Mr. CASEY) and the Senator DUCKWORTH, Mr. COCHRAN, and Ms. BALDWIN) submitted an amendment intended to be pro- from Florida (Mr. NELSON) were added posed by him to the bill S. 2155, to promote as cosponsors of S. 2494, a bill to pro- SENATE RESOLUTION 424—HON- economic growth, provide tailored regu- vide standards for short-term limited ORING THE 25TH ANNIVERSARY latory relief, and enhance consumer protec- duration health insurance policies. OF THE NATIONAL GUARD tions, and for other purposes; which was or- S. 2497 YOUTH CHALLENGE PROGRAM dered to lie on the table. SA 2046. Mr. PAUL (for himself, Mr. BLUNT, UBIO At the request of Mr. R , the Ms. BALDWIN (for herself and Mr. Mr. HELLER, Mr. SCOTT, and Mr. DAINES) sub- names of the Senator from Pennsyl- PERDUE) submitted the following reso- mitted an amendment intended to be pro- vania (Mr. CASEY), the Senator from lution; which was referred to the Com- posed by him to the bill S. 2155, supra; which Connecticut (Mr. BLUMENTHAL), the mittee on Armed Services: was ordered to lie on the table. Senator from Minnesota (Ms. KLO- SA 2047. Mr. ENZI submitted an amend- S. RES. 424 ment intended to be proposed by him to the BUCHAR), the Senator from Maryland Whereas the National Guard Youth Chal- bill S. 2155, supra; which was ordered to lie (Mr. CARDIN), the Senator from Kansas lenge Program (referred to in this preamble on the table. (Mr. ROBERTS), the Senator from South as the ‘‘Youth Challenge Program’’) is cele- SA 2048. Mr. RUBIO submitted an amend- Dakota (Mr. ROUNDS) and the Senator brating 25 years of providing successful and ment intended to be proposed by him to the

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.016 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1381 bill S. 2155, supra; which was ordered to lie 2155, supra; which was ordered to lie on the growth, provide tailored regulatory re- on the table. table. lief, and enhance consumer protec- SA 2049. Mr. RUBIO submitted an amend- SA 2070. Ms. WARREN submitted an tions, and for other purposes; which ment intended to be proposed by him to the amendment intended to be proposed by her was ordered to lie on the table; as fol- bill S. 2155, supra; which was ordered to lie to the bill S. 2155, supra; which was ordered on the table. to lie on the table. lows: SA 2050. Mr. NELSON (for himself and Mr. At the appropriate place, insert the fol- f RUBIO) submitted an amendment intended to lowing: be proposed by him to the bill S. 2155, supra; TEXT OF AMENDMENTS SEC. lll. AUDIT REFORM AND TRANSPARENCY which was ordered to lie on the table. FOR THE BOARD OF GOVERNORS OF SA 2051. Ms. STABENOW submitted an SA 2045. Mr. WICKER (for himself, THE FEDERAL RESERVE SYSTEM. amendment intended to be proposed by her Ms. DUCKWORTH, Mr. COCHRAN, and Ms. (a) IN GENERAL.—Notwithstanding section to the bill S. 2155, supra; which was ordered BALDWIN) submitted an amendment in- 714 of title 31, United States Code, or any to lie on the table. tended to be proposed by him to the other provision of law, the Comptroller Gen- SA 2052. Ms. STABENOW submitted an bill S. 2155, to promote economic eral of the United States shall complete an amendment intended to be proposed by her growth, provide tailored regulatory re- audit of the Board of Governors of the Fed- to the bill S. 2155, supra; which was ordered eral Reserve System and the Federal reserve lief, and enhance consumer protec- banks under subsection (b) of such section to lie on the table. tions, and for other purposes; which SA 2053. Ms. STABENOW submitted an 714 within 12 months after the date of the en- amendment intended to be proposed by her was ordered to lie on the table; as fol- actment of this Act. to the bill S. 2155, supra; which was ordered lows: (b) REPORT.— to lie on the table. At the appropriate place, insert the fol- (1) IN GENERAL.—Not later than 90 days SA 2054. Ms. WARREN (for herself and Mrs. lowing: after the audit required pursuant to sub- section (a) is completed, the Comptroller FEINSTEIN) submitted an amendment in- SEC. lll. TREATMENT OF CERTAIN NON- tended to be proposed by her to the bill S. SIGNIFICANT INVESTMENTS IN THE General— 2155, supra; which was ordered to lie on the CAPITAL OF UNCONSOLIDATED FI- (A) shall submit to Congress a report on table. NANCIAL INSTITUTIONS. such audit; and SA 2055. Ms. WARREN submitted an (a) IN GENERAL.—Section 18 of the Federal (B) shall make such report available to the amendment intended to be proposed by her Deposit Insurance Act (12 U.S.C. 1828), as Speaker of the House, the majority and mi- to the bill S. 2155, supra; which was ordered amended by section 403(a), is amended by nority leaders of the House of Representa- to lie on the table. adding at the end the following: tives, the majority and minority leaders of SA 2056. Ms. WARREN submitted an ‘‘(bb) TREATMENT OF NONSIGNIFICANT IN- the Senate, the Chairman and Ranking Mem- amendment intended to be proposed by her VESTMENTS IN THE CAPITAL OF UNCONSOLI- ber of the committee and each subcommittee to the bill S. 2155, supra; which was ordered DATED FINANCIAL INSTITUTIONS.—For pur- of jurisdiction in the House of Representa- to lie on the table. poses of the final rules titled ‘Regulatory tives and the Senate, and any other Member SA 2057. Ms. WARREN submitted an Capital Rules: Regulatory Capital, Imple- of Congress who requests the report. amendment intended to be proposed by her mentation of Basel III, Capital Adequacy, (2) CONTENTS.—The report under paragraph to the bill S. 2155, supra; which was ordered Transition Provisions, Prompt Corrective (1) shall include a detailed description of the to lie on the table. Action, Standardized Approach for Risk- findings and conclusion of the Comptroller SA 2058. Ms. WARREN submitted an weighted Assets, Market Discipline and Dis- General with respect to the audit that is the amendment intended to be proposed by her closure Requirements, Advanced Approaches subject of the report, together with such rec- to the bill S. 2155, supra; which was ordered Risk-Based Capital Rule, and Market Risk ommendations for legislative or administra- to lie on the table. Capital Rule’ (78 Fed. Reg. 62018; published tive action as the Comptroller General may SA 2059. Ms. WARREN submitted an Oct. 11, 2013 and 79 Fed. Reg. 20754; published determine to be appropriate. amendment intended to be proposed by her April 14, 2014) and any other regulation (c) REPEAL OF CERTAIN LIMITATIONS.—Sub- to the bill S. 2155, supra; which was ordered which incorporates a definition of the term section (b) of section 714 of title 31, United to lie on the table. ‘nonsignificant investments in the capital of States Code, is amended by striking the sec- SA 2060. Ms. WARREN submitted an unconsolidated financial institutions’, the ond sentence. amendment intended to be proposed by her appropriate Federal banking agencies shall (d) TECHNICAL AND CONFORMING AMEND- to the bill S. 2155, supra; which was ordered provide that investments in trust preferred MENTS.— to lie on the table. securities (pooled and individual instru- (1) IN GENERAL.—Section 714 of title 31, SA 2061. Ms. WARREN submitted an ments) by a depository institution with as- United States Code, is amended— amendment intended to be proposed by her sets of less than $15,000,000,000 as of July 21, (A) in subsection (d)(3), by striking ‘‘or (f)’’ to the bill S. 2155, supra; which was ordered 2010, or a depository institution holding com- each place such term appears; to lie on the table. pany with assets of less than $15,000,000,000 as (B) in subsection (e), by striking ‘‘the third SA 2062. Ms. WARREN submitted an of July 21, 2010, shall not be subject to deduc- undesignated paragraph of section 13’’ and amendment intended to be proposed by her tion from the regulatory capital of such de- inserting ‘‘section 13(3)’’; and to the bill S. 2155, supra; which was ordered pository institution or depository institu- (C) by striking subsection (f). to lie on the table. tion holding company or any depository in- (2) FEDERAL RESERVE ACT.—Subsection (s) SA 2063. Ms. WARREN submitted an stitution holding company of such an insti- (relating to ‘‘Federal Reserve Transparency amendment intended to be proposed by her tution, provided such investments were held and Release of Information’’) of section 11 of to the bill S. 2155, supra; which was ordered prior to July 21, 2010.’’. the Federal Reserve Act (12 U.S.C. 248) is amended— to lie on the table. (b) AMENDMENT TO BASEL III CAPITAL REG- (A) in paragraph (4)(A), by striking ‘‘has SA 2064. Ms. WARREN (for herself and Mr. ULATIONS.—Not later than the end of the 3- DURBIN) submitted an amendment intended month period beginning on the date of the the same meaning as in section 714(f)(1)(A) of to be proposed by her to the bill S. 2155, enactment of this Act, the Federal Deposit title 31, United States Code’’ and inserting supra; which was ordered to lie on the table. Insurance Corporation, the Board of Gov- ‘‘means a program or facility, including any SA 2065. Ms. WARREN (for herself, Mr. ernors of the Federal Reserve System, and special purpose vehicle or other entity estab- WARNER, and Mrs. SHAHEEN) submitted an the Comptroller of the Currency shall amend lished by or on behalf of the Board of Gov- amendment intended to be proposed by her the final rules titled ‘‘Regulatory Capital ernors of the Federal Reserve System or a to the bill S. 2155, supra; which was ordered Rules: Regulatory Capital, Implementation Federal reserve bank, authorized by the to lie on the table. of Basel III, Capital Adequacy, Transition Board of Governors under section 13(3), that SA 2066. Ms. WARREN (for herself and Mr. Provisions, Prompt Corrective Action, is not subject to audit under section 714(e) of DURBIN) submitted an amendment intended Standardized Approach for Risk-weighted title 31, United States Code’’; to be proposed by her to the bill S. 2155, Assets, Market Discipline and Disclosure Re- (B) in paragraph (6), by striking ‘‘or in sec- supra; which was ordered to lie on the table. quirements, Advanced Approaches Risk- tion 714(f)(3)(C) of title 31, United States SA 2067. Ms. WARREN (for herself, Mr. Based Capital Rule, and Market Risk Capital Code, the information described in paragraph BLUMENTHAL, and Mrs. SHAHEEN) submitted Rule’’ (78 Fed. Reg. 62018; published Oct. 11, (1) and information concerning the trans- an amendment intended to be proposed by 2013 and 79 Fed. Reg. 20754; published April actions described in section 714(f) of such her to the bill S. 2155, supra; which was or- 14, 2014) to implement the amendments made title,’’ and inserting ‘‘the information de- dered to lie on the table. by this Act. scribed in paragraph (1)’’; and SA 2068. Ms. WARREN submitted an (C) in paragraph (7), by striking ‘‘and sec- amendment intended to be proposed by her SA 2046. Mr. PAUL (for himself, Mr. tion 13(3)(C), section 714(f)(3)(C) of title 31, to the bill S. 2155, supra; which was ordered United States Code, and’’ and inserting ‘‘, to lie on the table. BLUNT, Mr. HELLER, Mr. SCOTT, and Mr. section 13(3)(C), and’’. SA 2069. Ms. WARREN (for herself and Ms. DAINES) submitted an amendment in- CANTWELL) submitted an amendment in- tended to be proposed by him to the SA 2047. Mr. ENZI submitted an tended to be proposed by her to the bill S. bill S. 2155, to promote economic amendment intended to be proposed by

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STANDARDS FOR PHYSICAL CONDITION nomic growth, provide tailored regu- in real estate in the United States that in- AND MANAGEMENT OF HOUSING RE- CEIVING ASSISTANCE PAYMENTS. latory relief, and enhance consumer cludes the following: protections, and for other purposes; (1) For each of the 30 years preceding such (a) IN GENERAL.—Section 8 of the United date of enactment, an estimate of the fol- States Housing Act of 1937 (42 U.S.C. 1437f) is which was ordered to lie on the table; lowing: as follows: amended by inserting after subsection (v) the (A) The total amount of foreign invest- following: At the appropriate place, insert the fol- ment in real estate in the United States. lowing: (B) The amount of investment described in ‘‘(w) STANDARDS FOR PHYSICAL CONDITION AND MANAGEMENT OF HOUSING RECEIVING AS- SEC. lll. RATE OF PAY FOR EMPLOYEES OF subparagraph (A), disaggregated by— THE BUREAU OF CONSUMER FINAN- (i) each of the 10 foreign countries from SISTANCE PAYMENTS.— CIAL PROTECTION. which the most such investment originates; ‘‘(1) STANDARDS FOR PHYSICAL CONDITION (a) IN GENERAL.—Section 1013(a)(2) of the (ii) each covered foreign country; and AND MANAGEMENT OF HOUSING.—Any entity Consumer Financial Protection Act of 2010 (iii) investment by public and private enti- receiving assistance payments under this (12 U.S.C. 5493(a)(2)) is amended to read as ties. section shall maintain decent, safe, and sani- follows: (C) The total amount of foreign investment tary conditions, as determined by the Sec- ‘‘(2) COMPENSATION.—The rates of basic pay in real estate in the United States in the 20 retary, for any structure covered under a for all employees of the Bureau shall be set metropolitan statistical areas with the most housing assistance payment contract. and adjusted by the Director in accordance such investment. ‘‘(2) SURVEY OF TENANTS.—The Secretary with the General Schedule set forth in sec- (D) The amount of investment described in shall develop a process by which a Perform- tion 5332 of title 5, United States Code.’’. subparagraph (C), disaggregated by— ance-Based Contract Administrator shall, on (b) EFFECTIVE DATE.—The amendment (i) each of the metropolitan statistical a semiannual basis, conduct a survey of the made by subsection (a) shall apply to service areas described in that subparagraph; tenants of each structure covered under a by an employee of the Bureau of Consumer (ii) each covered foreign country; and housing assistance payment contract for the Financial Protection following the 90-day pe- (iii) investment by public and private enti- purpose of identifying consistent or per- riod beginning on the date of enactment of ties. sistent problems with the physical condition this Act. (E) The total amount of foreign investment of the structure or performance of the man- in real estate in the United States in the 10 ager of the structure. SA 2048. Mr. RUBIO submitted an States with the most such investment. ‘‘(3) REMEDIATION.—A structure covered amendment intended to be proposed by (F) The amount of investment described in under a housing assistance payment contract him to the bill S. 2155, to promote eco- subparagraph (E), disaggregated by— shall be referred to the Secretary for remedi- (i) each of the States described in that sub- ation if a Performance-Based Contract Ad- nomic growth, provide tailored regu- ministrator identifies a consistent or per- latory relief, and enhance consumer paragraph; (ii) each covered foreign country; and sistent problem with the structure or the protections, and for other purposes; (iii) investment by public and private enti- management of the structure based on— which was ordered to lie on the table; ties. ‘‘(A) a survey conducted under paragraph as follows: (2) An estimate of the percentage of the av- (2); or At the end of title V, add the following: erage home price in the metropolitan statis- ‘‘(B) any other observation made by the Performance-Based Contract Administrator SEC. lll. GAO REPORT ON PUERTO RICO FORE- tical areas described in paragraph (1)(C) at- CLOSURES. tributable to foreign investment in real es- during the normal course of business. Not later than 1 year after the date of en- tate. ‘‘(4) PENALTY FOR FAILURE TO UPHOLD actment of this Act, the Comptroller General (3) An estimate of the percentage of the av- STANDARDS.— of the United States shall submit to the erage home price in the States described in ‘‘(A) IN GENERAL.—The Secretary may im- Committee on Banking, Housing, and Urban paragraph (1)(E) attributable to foreign in- pose a penalty on any owner of a structure Affairs of the Senate and the Committee on vestment in real estate. covered under a housing assistance payment Financial Services of the House of Rep- (b) DEFINITIONS.—In this section: contract if the Secretary finds that the resentatives a report on foreclosures in the (1) APPROPRIATE CONGRESSIONAL COMMIT- structure or manager of the structure— Commonwealth of Puerto Rico, including— TEES.—The term ‘‘appropriate congressional ‘‘(i) did not satisfactorily meet the require- (1) the rate of foreclosures in the Common- committees’’ means— ments under paragraph (1); or wealth of Puerto Rico before and after Hurri- (A) the Committee on Banking, Housing, ‘‘(ii) is repeatedly referred to the Secretary cane Maria and Urban Affairs and the Committee on for remediation by a Performance Based (2) the rate of return for housing devel- Foreign Relations of the Senate; and Contract Administrator through the process opers in the Commonwealth of Puerto Rico (B) the Committee on Financial Services established under paragraph (3). before and after Hurricane Maria; and the Committee on Foreign Affairs of the ‘‘(B) AMOUNT.—A penalty imposed under (3) the rate of delinquency in the Common- House of Representatives. subparagraph (A) shall be in an amount wealth of Puerto Rico before and after Hurri- (2) COVERED COUNTRY.—The term ‘‘covered equal to not less than 1 percent of the annual cane Maria; country’’ means— budget authority the owner is allocated (4) the rate of homeownership in the Com- (A) Argentina; under a housing assistance payment con- monwealth of Puerto Rico before and after (B) Brazil; tract. Hurricane Maria; (C) Canada; ‘‘(C) USE OF AMOUNTS.—Any amounts col- (5) the rate of defaults on federally insured (D) Colombia; lected under this paragraph shall be used mortgages in the Commonwealth of Puerto (E) Germany; solely for the purpose of supporting safe and Rico before and after Hurricane Maria; and (F) Japan; sanitary conditions at applicable structures (6) policy recommendations to address ad- (G) Norway; or for tenant relocation, as designated by the verse impacts of Hurricane Maria on the (H) the People’s Republic of China; Secretary, with priority given to the tenants rates of foreclosure, delinquency, homeown- (I) Singapore; of the structure that led to the penalty. ership, and default rates in the Common- (J) South Korea; ‘‘(5) APPLICABILITY.—This subsection shall wealth of Puerto Rico. (K) Switzerland; not apply to any property assisted under sub- (L) the United Arab Emirates; and section (o).’’. SA 2049. Mr. RUBIO submitted an (M) Venezuela. (b) ISSUANCE OF REPORT.—Not later than 1 amendment intended to be proposed by (3) METROPOLITAN STATISTICAL AREA.—The year after the date of enactment of this Act, him to the bill S. 2155, to promote eco- term ‘‘metropolitan statistical area’’ has the the Secretary of Housing and Urban Develop- meaning given that term by the Office of ment shall submit to Congress a report nomic growth, provide tailored regu- Management and Budget. latory relief, and enhance consumer that— protections, and for other purposes; (1) examines the adequacy of capital re- SA 2050. Mr. NELSON (for himself serves for each structure covered under a which was ordered to lie on the table; and Mr. RUBIO) submitted an amend- housing assistance payment contract under as follows: ment intended to be proposed by him section 8 of the United States Housing Act of At the end of title V, add the following: to the bill S. 2155, to promote economic 1937 (42 U.S.C. 1437f); SEC. 504. REPORT ON FOREIGN INVESTMENT IN growth, provide tailored regulatory re- (2) examines the use of funds derived from REAL ESTATE IN THE UNITED lief, and enhance consumer protec- a housing assistance payment contract for STATES. tions, and for other purposes; which purposes unrelated to the maintenance and (a) IN GENERAL.—Not later than one year capitalization of the structure covered under after the date of the enactment of this Act, was ordered to lie on the table; as fol- the contract; and the Secretary of the Treasury, in consulta- lows: (3) includes any administrative or legisla- tion with the Secretary of Commerce, shall At the appropriate place, insert the fol- tive recommendations to further improve submit to the appropriate congressional lowing: the living conditions at those structures.

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.022 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1383 SA 2051. Ms. STABENOW submitted and willfully makes a false certification At the end of section 401, add the fol- an amendment intended to be proposed under section 36.4340(k)(2) of title 38, Code of lowing: by her to the bill S. 2155, to promote Federal Regulations, or successor regulation, (g) TARP FUNDS.—Any financial institu- shall be liable to the United States Govern- tion that received more than $1,000,000,000 economic growth, provide tailored reg- from any funds made available under the ulatory relief, and enhance consumer ment for a civil penalty equal to four times the amount of the Secretary’s loss on the Emergency Economic Stabilization Act of protections, and for other purposes; loan involved or another appropriate 2008 (12 U.S.C. 5201 et seq.) shall be subject to which was ordered to lie on the table; amount, not to exceed $50,000, whichever is the provisions amended by this section in ef- as follows: greater. fect on the day before the date of enactment At the appropriate place, insert the fol- ‘‘(b) PATTERN OR PRACTICE.—(1) In any case of this Act. lowing: in which a lender described in paragraph (2) Ms. WARREN submitted an SEC. ll. PROHIBITION ON FEDERAL CON- makes a false certification under section SA 2057. TRACTS IN EVENT OF DATA BREACH. 36.4340(k)(2) of title 38, Code of Federal Regu- amendment intended to be proposed by (a) IN GENERAL.—No entity that has been lations, or successor regulation, that is a her to the bill S. 2155, to promote eco- subject to a data breach impacting over part of a pattern or practice of knowingly nomic growth, provide tailored regu- 10,000,000 individuals may be awarded any and willfully making false certifications latory relief, and enhance consumer Federal contract until the Federal Trade under such section that has had an effect on protections, and for other purposes; Commission certifies, after appropriate con- 500 or more veterans, the lender shall be lia- which was ordered to lie on the table; sultation with the entity, that the issues or ble to the United States Government for a as follows: failures to adequately protect consumer data civil penalty equal to $1,000,000 per veteran At the appropriate place, insert the fol- that led to the breach have been adequately affected in addition to any amounts the lend- lowing: resolved. er may be liable for under subsection (a). (b) POLICIES.— ‘‘(2) A lender described in this paragraph is SEC. ll. USE OF CREDIT CHECKS PROHIBITED FOR EMPLOYMENT PURPOSES. (1) IN GENERAL.—Effective December 31, a lender which has been identified as a global (a) PROHIBITION FOR EMPLOYMENT AND AD- 2018, no entity shall be eligible to be awarded systematically important BHC under section any Federal contract unless they have a pol- VERSE ACTION.—Section 604 of the Fair Cred- 217.402 of title 12, Code of Federal Regula- it Reporting Act (15 U.S.C. 1681b) is amend- icy in place to notify consumers within 30 tions, or successor regulation, or subject to a days of being subject to a data breach. ed— determination under section 113 of the Dodd- (1) in subsection (a)(3)(B), by inserting (2) REGULATIONS.—The Administrator for Frank Wall Street Reform and Consumer Federal Procurement Policy shall promul- ‘‘within the restrictions set forth in sub- Protection Act (12 U.S.C. 5323). section (b)’’ after ‘‘purposes’’; gate regulations that carry out this sub- ‘‘(c) ADDITIONAL REMEDIES.—Any assess- (2) by redesignating subsections (b) section. ment under this section may be in addition through (g) as subsections (c) through (h), re- to other remedies available to the Sec- SA 2052. Ms. STABENOW submitted spectively; and retary.’’. (3) by inserting after subsection (a) the fol- an amendment intended to be proposed (b) CLERICAL AMENDMENT.—The table of lowing: sections at the beginning of chapter 37 of by her to the bill S. 2155, to promote ‘‘(b) USE OF CERTAIN CONSUMER REPORT such title is amended by inserting after the economic growth, provide tailored reg- PROHIBITED FOR EMPLOYMENT PURPOSES OR ulatory relief, and enhance consumer item relating to section 3736 the following ADVERSE ACTION.— protections, and for other purposes; new item: ‘‘(1) GENERAL PROHIBITION.—Except as pro- which was ordered to lie on the table; ‘‘3737. Civil penalties for lenders making vided in paragraph (3), a person, including a as follows: false certifications regarding prospective employer or current employer, home loans.’’. At the appropriate place, insert the fol- may not use a consumer report or investiga- lowing: tive consumer report, or cause a consumer SA 2054. Ms. WARREN (for herself report or investigative consumer report to be SEC. ll. REQUIREMENT TO INVESTIGATE SIG- and Mrs. FEINSTEIN) submitted an NIFICANT VIOLATIONS AND DATA procured, with respect to any consumer BREACHES. amendment intended to be proposed by where any information contained in the re- In the case of a potential violation of laws her to the bill S. 2155, to promote eco- port bears on the creditworthiness, credit or regulations within its jurisdiction known nomic growth, provide tailored regu- standing, or credit capacity of the con- to affect or reasonably believed to affect at latory relief, and enhance consumer sumer— least 1,000,000 consumers, or a data breach protections, and for other purposes; ‘‘(A) for employment purposes; or known to affect or reasonably believed to af- ‘‘(B) for making an adverse action, as de- fect at least 1,000,000 consumers, the Bureau which was ordered to lie on the table; scribed in section 603(k)(1)(B)(ii). of Consumer Financial Protection shall in- as follows: ‘‘(2) SOURCE OF CONSUMER REPORT IRRELE- vestigate the incident and promptly submit In section 303(a)(2)(A), in the matter pre- VANT.—The prohibition described in para- to Congress a report detailing why the Bu- ceding clause (i), insert ‘‘under section 502 of graph (1) shall apply even if the consumer reau of Consumer Financial Protection did the Gramm-Leach-Bliley Act (15 U.S.C. consents or otherwise authorizes the pro- or did not assess fines and penalties or take 6802)’’ after ‘‘shall not be liable’’. curement or use of a consumer report for em- other corrective actions. Such report shall In section 303(a)(2)(B), in the matter pre- ployment purposes or in connection with an be posted contemporaneously on the website ceding clause (i), insert ‘‘under section 502 of adverse action with respect to the consumer. of the Bureau of Consumer Financial Protec- the Gramm-Leach-Bliley Act (15 U.S.C. ‘‘(3) EXCEPTIONS.—Notwithstanding the tion at a location that is conspicuous and 6802)’’ after ‘‘shall not be liable’’. prohibitions set forth in this subsection, and available to the public. consistent with the other sections of this SA 2055. Ms. WARREN submitted an Act, an employer may use a consumer report SA 2053. Ms. STABENOW submitted amendment intended to be proposed by with respect to a consumer in the following an amendment intended to be proposed her to the bill S. 2155, to promote eco- situations: by her to the bill S. 2155, to promote nomic growth, provide tailored regu- ‘‘(A) When the consumer applies for, or economic growth, provide tailored reg- latory relief, and enhance consumer currently holds, employment that requires ulatory relief, and enhance consumer national security clearance. protections, and for other purposes; ‘‘(B) When otherwise required by law. protections, and for other purposes; which was ordered to lie on the table; ‘‘(4) EFFECT ON DISCLOSURE AND NOTIFICA- which was ordered to lie on the table; as follows: TION REQUIREMENTS.—The exceptions de- as follows: In section 401(a)(1), strike subparagraph (B) scribed in paragraph (3) shall have no effect At the appropriate place, insert the fol- and insert the following: upon the other requirements of this Act, in- lowing: (B) in paragraph (2)— cluding requirements in regards to disclosure SEC. lll. INCREASED CIVIL PENALTIES FOR (i) in subparagraph (B), by striking and notification to a consumer when permis- CERTAIN FALSE CERTIFICATIONS TO ‘‘$50,000,000,000’’ and inserting ‘‘the applica- sibly using a consumer report for employ- SECRETARY OF VETERANS AFFAIRS ble threshold’’; and ment purposes or for making an adverse ac- REGARDING HOME LOANS TO BE (ii) by adding at the end the following: tion against the consumer.’’. GUARANTEED OR INSURED BY DE- (b) CONFORMING AMENDMENTS AND CROSS PARTMENT OF VETERANS AFFAIRS. SA 2056. Ms. WARREN submitted an REFERENCES.—The Fair Credit Reporting Act (a) IN GENERAL.—Subchapter III of chapter amendment intended to be proposed by (15 U.S.C. 1681 et seq.) is further amended as 37 of title 38, United States Code, is amended follows: by adding at the end the following new sec- her to the bill S. 2155, to promote eco- nomic growth, provide tailored regu- (1) In section 603 (15 U.S.C. 1681a)— tion: (A) in subsection (d)(3), by striking ‘‘§ 3737. Civil penalties for lenders making latory relief, and enhance consumer ‘‘604(g)(3)’’ and inserting ‘‘604(h)(3)’’; and false certifications regarding home loans protections, and for other purposes; (B) in subsection (o), by striking ‘‘A’’ and ‘‘(a) IN GENERAL.—Notwithstanding section which was ordered to lie on the table; inserting ‘‘Subject to the restrictions set 3802 of title 31, any lender who knowingly as follows: forth in subsection 604(b), a’’.

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.022 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1384 CONGRESSIONAL RECORD — SENATE March 6, 2018 (2) In section 604 (15 U.S.C. 1681b)— SEC. 3ll. PREDISPUTE ARBITRATION. (B) the term ‘‘covered entity’’ means a (A) in subsection (a), by striking ‘‘sub- Section 128(e) of the Truth in Lending Act bank holding company or a nonbank finan- section (c)’’ and inserting ‘‘subsection (d)’’; (15 U.S.C. 1638(e)) is amended by adding at cial company supervised by the Board of (B) in subsection (c), as redesignated by the end the following: Governors that is not subject to prudential subsection (a)(2) of this section— ‘‘(12) PREDISPUTE AGREEMENTS AND WAIV- standards under section 165 of the Financial (i) in paragraph (2)(A), by inserting ‘‘and ERS.— Stability Act of 2010 (12 U.S.C. 5365) because subject to the restrictions set forth in sub- ‘‘(A) DEFINITIONS.—In this paragraph: of the amendments made by this section. section (b)’’ after ‘‘subparagraph (B)’’; and ‘‘(i) POSTSECONDARY EDUCATION LOAN.—The (2) PROHIBITION.—During the 5-year period (ii) in paragraph (3)(A), by inserting ‘‘and term ‘postsecondary education loan’— beginning on the date of enactment of this subject to the restrictions set forth in sub- ‘‘(I) means a loan that is— Act, no covered entity may buy back the section (b)’’ after ‘‘subparagraph (B)’’; ‘‘(aa) made, insured, or guaranteed under stock of that covered entity. (C) in subsection (d)(1), as redesignated by part B, D, or E of title IV of the Higher Edu- subsection (a)(2) of this section, by striking cation Act of 1965 (20 U.S.C. 1071 et seq., 1087a SA 2061. Ms. WARREN submitted an ‘‘subsection (e)’’ each place that term ap- et seq., 1087aa et seq.); or amendment intended to be proposed by pears and inserting ‘‘subsection (f)’’; and ‘‘(bb) issued or made by a postsecondary her to the bill S. 2155, to promote eco- (D) in subsection (f), as redesignated by education lender and is— nomic growth, provide tailored regu- subsection (a)(2) of this section— ‘‘(AA) extended to a borrower with the ex- latory relief, and enhance consumer (i) in paragraph (1), by striking ‘‘sub- pectation that the amounts extended will be protections, and for other purposes; section (c)(1)(B)’’ and inserting ‘‘subsection used in whole or in part to pay postsec- (d)(1)(B)’’; and ondary education expenses; or which was ordered to lie on the table; (ii) in paragraph (5), by striking ‘‘sub- ‘‘(BB) extended for the purpose of refi- as follows: section (c)(1)(B)’’ and inserting ‘‘subsection nancing or consolidating 1 or more loans de- At the end of section 401, add the fol- (d)(1)(B)’’. scribed in item (aa) or (bb); lowing: (3) In section 607(e)(3)(A) (15 U.S.C. ‘‘(II) includes a private education loan; and (l) OUTSOURCING OF JOBS.— 1681e(e)(3)(A)), by striking ‘‘604(b)(4)(E)(i)’’ ‘‘(III) does not include a loan— (1) IN GENERAL.—Any financial institution and inserting ‘‘604(c)(4)(E)(i)’’. ‘‘(aa) made under an open-end credit plan; that has outsourced more than 50 jobs in any (4) In section 609(a)(3)(C) (15 U.S.C. or given year during the 5-year period ending 1681g(a)(3)(C))— ‘‘(bb) that is secured by real property. on the date of enactment of this Act shall be (A) in clause (i), by striking ‘‘(ii) STUDENT LOAN SERVICER.—The term subject to the provisions amended by this ‘‘604(b)(4)(E)(i)’’ and inserting ‘student loan servicer’— section in effect on the day before the date of ‘‘604(c)(4)(E)(i)’’; and ‘‘(I) means a person who performs student enactment of this Act. (B) in clause (ii), by striking ‘‘604(b)(4)(A)’’ loan servicing; (2) STUDY AND RULEMAKING.—Not later than and inserting ‘‘604(c)(4)(A)’’. ‘‘(II) includes a person performing student 180 days after the date of enactment of this (5) In section 613(b) (15 U.S.C. 1681k(b)), by loan servicing for a postsecondary education Act, the Board of Governors of the Federal striking section ‘‘604(b)(4)(A)’’ and inserting loan on behalf of an institution of higher Reserve System, in consultation with the ‘‘section 604(c)(4)(A)’’. education or the Secretary of Education Secretary of Labor, shall publish a list of fi- (6) In section 615(d) (15 U.S.C. 1681m(d))— under a contract or other agreement; nancial institutions that have outsourced (A) in paragraph (1)— ‘‘(III) does not include the Secretary of more than 50 jobs in any given year during (i) in the matter preceding subparagraph Education to the extent the Secretary di- the 5-year period ending on the date of en- (A), by striking ‘‘section 604(c)(1)(B)’’ and in- rectly performs student loan servicing for a actment of this Act. serting ‘‘section 604(d)(1)(B)’’; and postsecondary education loan; and (ii) in subparagraph (E), by striking ‘‘sec- ‘‘(IV) does not include an institution of SA 2062. Ms. WARREN submitted an tion 604(e)’’ and inserting ‘‘section 604(f)’’; higher education, to the extent that the in- amendment intended to be proposed by and stitution directly performs student loan her to the bill S. 2155, to promote eco- (B) in paragraph (2)(A), by striking ‘‘sec- servicing for a Federal Perkins Loan made nomic growth, provide tailored regu- tion 604(e)’’ and inserting ‘‘section 604(f)’’. by the institution. latory relief, and enhance consumer ‘‘(B) NO WAIVER.— protections, and for other purposes; SA 2058. Ms. WARREN submitted an ‘‘(i) IN GENERAL.—A borrower may not which was ordered to lie on the table; amendment intended to be proposed by waive any right or remedy relating to a pri- as follows: her to the bill S. 2155, to promote eco- vate education loan that is available to the nomic growth, provide tailored regu- borrower against a private educational lend- At the end of title III, add the following: latory relief, and enhance consumer er, postsecondary education lender, loan SEC. 3ll. REVENUE SHARING AND DISCLOSURE OF AFFILIATION. protections, and for other purposes; holder, or student loan servicer before the dispute as to which the right or remedy re- Chapter 2 of title I of the Truth in Lending which was ordered to lie on the table; Act (15 U.S.C. 1631 et seq.) is amended by as follows: lates arises. ‘‘(ii) NO FORCE OR EFFECT.—Any waiver de- adding at the end the following: At the end of section 401, add the fol- scribed in clause (i) agreed to before, on, or ‘‘SEC. 140B. PREVENTING UNFAIR AND DECEP- lowing: after the date of enactment of this paragraph TIVE MARKETING OF CONSUMER FI- (g) RESTRICTION ON CERTAIN BANK HOLDING NANCIAL PRODUCTS AND SERVICES shall not be enforceable and shall have no COMPANIES.— TO STUDENTS OF INSTITUTIONS OF force or effect. (1) DEFINITION.—In this subsection, the HIGHER EDUCATION. ‘‘(C) PREDISPUTE ARBITRATION AGREE- term ‘‘covered bank holding company’’ ‘‘(a) DEFINITIONS.—In this section: MENTS.—An agreement entered before, on, or means a bank holding company that— ‘‘(1) AFFILIATE.—The term ‘affiliate’ means after the date of enactment of this paragraph (A) on the day before the date of enact- any person that controls, is controlled by, or to arbitrate a dispute relating to a private ment of this Act, was subject to the pruden- is under common control with another per- education loan that had not arisen at the tial standards under section 165 of the Finan- son. time the agreement was entered shall not be cial Stability Act of 2010 (12 U.S.C. 5365); and ‘‘(2) AFFILIATED.— enforceable and shall have no force or ef- (B) on or after the date of enactment of ‘‘(A) IN GENERAL.—The term ‘affiliated’, fect.’’. this Act, is no longer subject to the pruden- when used with respect to a consumer finan- tial standards described in subparagraph (A). cial product or service and an institution of SA 2060. Ms. WARREN submitted an (2) RESTRICTION.—During the 5-year period higher education, means an association be- beginning on the date on which a covered amendment intended to be proposed by tween such institution and product or serv- bank holding company is no longer subject her to the bill S. 2155, to promote eco- ice resulting from— to the prudential standards described in nomic growth, provide tailored regu- ‘‘(i) the name, emblem, mascot, or logo of paragraph (1)(A), a covered bank holding latory relief, and enhance consumer the institution being used with respect to company may not merge with or acquire an- protections, and for other purposes; such product or service; or other bank holding company. ‘‘(ii) some other word, picture, or symbol which was ordered to lie on the table; readily identified with the institution in the SA 2059. Ms. WARREN submitted an as follows: marketing of the consumer financial product amendment intended to be proposed by In section 401, add at the end the following: or service in any way that implies that the her to the bill S. 2155, to promote eco- (g) PROHIBITION ON STOCK BUYBACKS.— institution endorses the consumer financial nomic growth, provide tailored regu- (1) DEFINITIONS.—In this subsection— product or service. (A) the terms ‘‘bank holding company’’ and ‘‘(B) RULE OF CONSTRUCTION.—Nothing in latory relief, and enhance consumer ‘‘nonbank financial company supervised by subparagraph (A) shall be construed to deem protections, and for other purposes; the Board of Governors’’ have the meanings an association between an institution of which was ordered to lie on the table; given the terms in section 102(a) of the Fi- higher education and a consumer financial as follows: nancial Stability Act of 2010 (12 U.S.C. product or service to be affiliated if such as- At the end of title III, add the following: 5311(a)); and sociation is solely based on an advertisement

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.023 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1385 by a financial institution that is delivered to tion shall submit a report to the Bureau con- stitution and the institution of higher edu- a wide and general audience consisting of taining the terms and conditions of all busi- cation for each affiliated consumer financial more than enrolled students at the institu- ness, marketing, and promotional agree- product or service; and tion of higher education. ments that the financial institution has with ‘‘(B) is not shared with any other affiliate, ‘‘(3) CONSUMER FINANCIAL PRODUCT OR SERV- any institution of higher education, or an person, or entity except for the purpose de- ICE.—The term ‘consumer financial product alumni organization or foundation that is an scribed in subparagraph (A); or service’ has the meaning given the term affiliate of or related to an institution of ‘‘(3) inform the student of the terms and in section 1002 of the Consumer Financial higher education, relating to any consumer conditions of the consumer financial product Protection Act of 2010 (12 U.S.C. 5481). financial product or service offered to col- or service, before the student uses the con- ‘‘(4) FINANCIAL INSTITUTION.—The term ‘fi- lege students at institutions of higher edu- sumer financial product or service; nancial institution’ means— cation. ‘‘(4) not charge the student any cost for ‘‘(A) any person that engages in offering or ‘‘(B) DETAILS OF REPORT.—The information using the consumer financial product or providing a consumer financial product or required to be reported by a financial insti- service for any purpose, including when the service; and tution under subparagraph (A) includes— student conducts point-of-sale transactions, ‘‘(B) any affiliate of such person described ‘‘(i) any memorandum of understanding be- a balance inquiry, or withdrawal of funds; in subparagraph (A) if such affiliate acts as tween or among the financial institution and and a service provider to such person. an institution of higher education, alumni ‘‘(5) ensure that— ‘‘(5) INSTITUTION OF HIGHER EDUCATION.— association, or foundation that directly or ‘‘(A) consumer financial product or service The term ‘institution of higher education’ indirectly relates to any aspect of an agree- is not marketed or portrayed as, or con- has the meaning given that term in section ment referred to in subparagraph (A) or con- verted into, a credit card; and 102 of the Higher Education Act of 1965 (20 trols or directs any obligations or distribu- ‘‘(B) no credit is extended or associated U.S.C. 1002). tion of benefits between or among the enti- with the consumer financial product or serv- ‘‘(6) PERSON.—The term ‘person’ means an ties; and ice, and no fee is charged to the student for individual, partnership, company, corpora- ‘‘(ii) the number and dollar amount out- any transaction or withdrawal. tion, association (incorporated or unincor- standing of consumer financial products or ‘‘(d) PROHIBITION OF REVENUE-SHARING AR- porated), trust, estate, cooperative organiza- services accounts covered by any such agree- RANGEMENT.—A financial institution that of- tion, or other entity. ment that were originated during the period fers a consumer financial product or service ‘‘(7) REVENUE-SHARING ARRANGEMENT.—The covered by the report, and the total number that is affiliated with an institution of high- term ‘revenue-sharing arrangement’— and dollar amount of consumer financial er education may not enter into a revenue- ‘‘(A) means an arrangement between an in- products or services accounts covered by the sharing arrangement with the institution of stitution of higher education and a financial agreement that were outstanding at the end higher education. institution under which— of such period. ‘‘(e) STUDENT’S BEST FINANCIAL INTER- ‘‘(i) a financial institution provides or ‘‘(C) AGGREGATION BY INSTITUTION.—The in- EST.— issues a consumer financial product or serv- formation required to be reported under sub- ‘‘(1) IN GENERAL.—A financial institution ice to college students attending the institu- paragraph (A) shall be aggregated with re- or service provider that offers a consumer fi- tion of higher education; spect to each institution of higher education nancial product or service that is affiliated ‘‘(ii) the institution of higher education or alumni organization or foundation that is with an institution of higher education shall recommends, promotes, sponsors, or other- an affiliate of or related to the institution of ensure that the terms and conditions of all wise endorses the financial institution, or higher education. agreements that the financial institution the consumer financial products or services ‘‘(2) REPORTS BY BUREAU.—The Bureau has with any institution of higher education, offered by the financial institution; and shall submit to Congress, and make available or an alumni organization or foundation that ‘‘(iii) the financial institution pays a fee or to the public, an annual report that lists the is an affiliate of or related to an institution provides other material benefits, including information submitted to the Bureau under of higher education, relating to any con- revenue or profit sharing, to the institution paragraph (1). sumer financial product or service offered to of higher education, or to an officer, em- ‘‘(3) ELECTRONIC DISCLOSURES.— college students at institutions of higher ployee, or agent of the institution of higher ‘‘(A) POSTING AGREEMENTS.—Each financial education are consistent with the best finan- education, in connection with the consumer institution shall establish and maintain an cial interests of the students using the con- financial products and services provided to Internet site on which the financial institu- sumer financial product or service, as de- college students attending the institution of tion shall post the written agreement be- scribed in paragraph (2). higher education; and tween the financial institution and the insti- ‘‘(2) STUDENT’S BEST INTEREST.—A financial ‘‘(B) does not include an arrangement sole- tution of higher education for each affiliated institution or service provider shall be con- ly based on a financial institution paying a consumer financial product or service. sidered to meet the requirement described in fair market price to an institution of higher ‘‘(B) FINANCIAL INSTITUTION TO PROVIDE paragraph (1) if that financial institution— education for the institution of higher edu- CONTRACTS TO THE BUREAU.—Each financial ‘‘(A) ensures that all agreements that the cation to advertise or market the financial institution shall provide to the Bureau, in financial institution has with any institu- institution to the general public. electronic format, the written agreements tion of higher education relating to any con- ‘‘(8) SERVICE PROVIDER.—The term ‘service that it publishes on its Internet site pursu- sumer financial product or service offered to provider’— ant to this paragraph. college students enrolled at institutions of ‘‘(A) means any person that provides a ma- ‘‘(C) RECORD REPOSITORY.—The Bureau higher education— terial service to another person in connec- shall establish and maintain on its publicly ‘‘(i) make provisions for termination of the tion with the offering or provision by such available Internet site a central repository arrangement by the institution of higher other person of a consumer financial product of the agreements received from financial in- education based on complaints received from or service, including a person that— stitutions pursuant to this paragraph, and students enrolled at the institution; and ‘‘(i) participates in designing, operating, or such agreements shall be easily accessible ‘‘(ii) do not require students enrolled at maintaining the consumer financial product and retrievable by the public. the institution of higher education to use or service; or ‘‘(D) EXCEPTION.—This paragraph shall not consumer financial products or services of- ‘‘(ii) processes transactions relating to the apply to individually negotiated changes to fered by the financial institution in order to consumer financial product or service (other contractual terms, such as individually receive Federal student aid financial assist- than unknowingly or incidentally transmit- modified workouts or renegotiations of ance funding authorized by title IV of the ting or processing financial data in a manner amounts owed by an institution of higher Higher Education Act of 1965; that such data is undifferentiated from other education. ‘‘(B) ensures that requirements of this sec- types of data of the same form as the person ‘‘(c) CONSUMER FINANCIAL PRODUCTS OR tion are met. transmits or processes); and SERVICE REQUIREMENTS.—A financial institu- ‘‘(f) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) does not include a person solely by tion or service provider that offers a con- this section shall be construed to prohibit a virtue of such person offering or providing to sumer financial product or service that is af- financial institution from establishing a con- another person— filiated with an institution of higher edu- sumer product or service affiliated with an ‘‘(i) a support service of a type provided to cation shall— institution of higher education if— businesses generally or a similar ministerial ‘‘(1) work with the institution of higher ‘‘(1) the consumer product or service will— service; or education to obtain a student’s consent to ‘‘(A) assist college students in reducing ‘‘(ii) time or space for an advertisement for offer a consumer financial product or service costs or fees associated with the use of con- a consumer financial product or service before a consumer financial product or serv- sumer financial products or services; through print, newspaper, or electronic ice is provided to the student; ‘‘(B) increase consumer choice; and media. ‘‘(2) ensure that any personally identifiable ‘‘(C) enhance consumer protections; and ‘‘(b) DISCLOSURE OF AFFILIATION.— information about a student that is received ‘‘(2) the financial institution is in compli- ‘‘(1) REPORTS BY FINANCIAL INSTITUTIONS.— by the financial institution or service pro- ance with the requirements of this Act.’’. ‘‘(A) IN GENERAL.—Not later than 180 days vider— after the date of enactment of this Act, and ‘‘(A) is used solely for activities in the SA 2063. Ms. WARREN submitted an annually thereafter, each financial institu- written agreement between the financial in- amendment intended to be proposed by

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.032 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1386 CONGRESSIONAL RECORD — SENATE March 6, 2018 her to the bill S. 2155, to promote eco- TITLE VI—DATA BREACH PREVENTION (CC) secure configurations for hardware nomic growth, provide tailored regu- AND COMPENSATION and software; latory relief, and enhance consumer SEC. 601. SHORT TITLE. (bb) network management and monitoring, protections, and for other purposes; This title may be cited as the ‘‘Data including— (AA) mapped data flows, including func- which was ordered to lie on the table; Breach Prevention and Compensation Act of 2018’’. tional mission mapping; as follows: SEC. 602. DEFINITIONS. (BB) maintenance, monitoring, and anal- ysis of audit logs; In section 401, add at the end the following: In this title: (1) CAREER APPOINTEE.—The term ‘‘career (CC) network segmentation; and (g) APPLICATION.— appointee’’ has the meaning given the term (DD) local and remote access privileges, (1) DEFINITIONS.—In this subsection— in section 3132(a) of title 5, United States defined and managed; and (A) the terms ‘‘bank holding company’’ and Code. (cc) application management, including— ‘‘nonbank financial company supervised by (2) COMMISSION.—The term ‘‘Commission’’ (AA) continuous vulnerability assessment the Board of Governors’’ have the meanings means the Federal Trade Commission. and remediation; given the terms in section 102(a) of the Fi- (3) COVERED BREACH.—The term ‘‘covered (BB) server application hardening; nancial Stability Act of 2010 (12 U.S.C. breach’’ means any instance in which at (CC) vulnerability handling such as coordi- 5311(a)); and least 1 piece of personally identifying infor- nated vulnerability disclosure policy; and (B) the term ‘‘covered entity’’ means a mation is exposed or is reasonably likely to (DD) patch management, including at, or bank holding company or a nonbank finan- have been exposed to an unauthorized party. near, real-time dashboards of patch imple- cial company supervised by the Board of (4) COVERED CONSUMER REPORTING AGEN- mentation across network hosts; and Governors— CY.—The term ‘‘covered consumer reporting (II) data security, including— (i) that would not be subject to prudential agency’’ means— (aa) data-centric security mechanisms standards under section 165 of the Financial (A) a consumer reporting agency described such as format-preserving encryption, cryp- Stability Act of 2010 (12 U.S.C. 5365) because in section 603(p) of the Fair Credit Reporting tographic data-splitting, and data-tagging of the amendments made by this section; and Act (15 U.S.C. 1681a(p)); or and lineage; (ii) on which the Attorney General, or the (B) a consumer reporting agency that (bb) encryption for data at rest; head of any other Federal agency, has im- earns not less than $7,000,000 in annual rev- (cc) encryption for data in transit; posed more than $10,000,000 in fines during enue from the sales of consumer reports. (dd) systemwide data minimization evalua- the 10-year period preceding the date of en- (5) DIRECTOR.—The term ‘‘Director’’ means tions and policies; and actment of this Act. the Director of the Office of Cybersecurity. (ee) data recovery capability; and (2) APPLICATION TO CERTAIN FINANCIAL IN- (6) DETAIL.—The term ‘‘detail’’ means a (ii) create and maintain documentation STITUTIONS.—This section, and the amend- temporary assignment of an employee to a demonstrating that the covered consumer re- ments made by this section, shall not apply different position for a specified period, with porting agency is employing reasonable with respect to a covered entity. the employee returning to his or her regular technical measures and corporate govern- duties at the end of the detail. ance processes for continuous monitoring of data, intrusion detection, and continuous SA 2064. Ms. WARREN (for herself (7) PERSONALLY IDENTIFYING INFORMA- TION.—The term ‘‘personally identifying in- evaluation and timely patching of and Mr. DURBIN) submitted an amend- formation’’ means— vulnerabilities; ment intended to be proposed by her to (A) a Social Security number; (C) annually examine the data security the bill S. 2155, to promote economic (B) a driver’s license number; measures of covered consumer reporting growth, provide tailored regulatory re- (C) a passport number; agencies for compliance with the standards lief, and enhance consumer protec- (D) an alien registration number or other promulgated under subparagraph (B); tions, and for other purposes; which government-issued unique identification (D) investigate any covered consumer re- number; porting agency if the Office has reason to was ordered to lie on the table; as fol- suspect a potential covered breach or non- lows: (E) unique biometric data, such as faceprint, fingerprint, voice print, iris compliance with the standards promulgated In section 401, add at the end the following: image, or other unique physical representa- under subparagraph (B); tions; (E) after consultation with members of the (g) APPLICATION.— (F) an individual’s first and last name or technical and academic communities, de- (1) DEFINITIONS.—In this subsection— first initial and last name in combination velop a rigorous, repeatable methodology for (A) the terms ‘‘bank holding company’’ and evaluating, testing, and measuring effective ‘‘nonbank financial company supervised by with any information that relates to the in- dividual’s past, present, or future physical or data security practices of covered consumer the Board of Governors’’ have the meanings reporting agencies, that employs forms of given the terms in section 102(a) of the Fi- mental health or condition, or to the provi- sion of health care to or diagnosis of the in- static and dynamic software analysis and nancial Stability Act of 2010 (12 U.S.C. penetration testing; 5311(a)); and dividual; (G)(i) a financial account number, debit (F) submit to Congress an annual report on (B) the term ‘‘covered entity’’ means a the findings on any investigation under sub- bank holding company or a nonbank finan- card number, or credit card number of the consumer; or paragraph (C); cial company supervised by the Board of (G) determine whether covered consumer Governors— (ii) any passcode required to access an ac- count described in clause (i); and reporting agencies are complying with the (i) that is not subject to prudential stand- regulations promulgated under subparagraph ards under section 165 of the Financial Sta- (H) such additional information, as deter- mined by the Director. (B); and bility Act of 2010 (12 U.S.C. 5365) because of (H) coordinate with the National Institute SEC. 603. CYBERSECURITY STANDARDS AND FTC the amendments made by this section; and of Standards and Technology and the Na- (ii)(I) that is subject to a consent decree or AUTHORITY. (a) ESTABLISHMENT.—There is established tional Cybersecurity and Communications a deferred prosecution agreement; or in the Commission an Office of Cybersecu- Integration Center of the Department of (II) with respect to which a monitor has rity, which shall be headed by a Director, Homeland Security; and been appointed pursuant to a settlement who shall be a career appointee. (2) may— with the Federal Government or a State (b) DUTIES.—The Office of Cybersecurity— (A) investigate any breach to determine if agency. (1) shall— the covered consumer reporting agency was (2) APPLICATION TO CERTAIN FINANCIAL IN- (A) supervise covered consumer reporting in compliance with the regulations promul- STITUTIONS.—This section, and the amend- agencies with respect to data security; gated under paragraph (1)(B); and ments made by this section, shall not apply (B) promulgate regulations for effective (B) if the Commission has reason to believe with respect to a covered entity. data security for covered consumer reporting that any covered consumer reporting agency agencies, including regulations that require is violating, or is about to violate, a regula- tion promulgated under paragraph (1)(B), SA 2065. Ms. WARREN (for herself, covered consumer reporting agencies to— (i) provide the Commission with descrip- bring a suit in a district court of the United Mr. WARNER, and Mrs. SHAHEEN) sub- tions of technical and organizational secu- States to enjoin any such act or practice. mitted an amendment intended to be rity measures, including— (c) STAFF.— proposed by her to the bill S. 2155, to (I) system and network security measures, (1) IN GENERAL.—The Director shall, with- promote economic growth, provide tai- including— out regard to the civil service laws and regu- lored regulatory relief, and enhance (aa) asset management, including— lations, appoint such personnel, including consumer protections, and for other (AA) an inventory of authorized and unau- computer security researchers and practi- purposes; which was ordered to lie on thorized devices; tioners with technical expertise in computer the table; as follows: (BB) an inventory of authorized and unau- science, engineering, and cybersecurity, as thorized software, including application the Director determines are necessary to At the end, add the following: whitelisting; and carry out the duties of the Office.

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.024 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1387 (2) DETAILS.—An employee of the National ment intended to be proposed by her to ‘‘(C) the term ‘covered issuer’ means an Institute of Standards and Technology, the the bill S. 2155, to promote economic issuer that is required to file Form 10–K; Bureau of Consumer Financial Protection, or growth, provide tailored regulatory re- ‘‘(D) the term ‘Form 10–K’ means the form the National Cybersecurity and Communica- lief, and enhance consumer protec- described in section 249.310 of title 17, Code of tions Integration Center of the Department Federal Regulations, as in effect on the date of Homeland Security may be detailed to the tions, and for other purposes; which of enactment of this subsection; Office, without reimbursement, and such de- was ordered to lie on the table; as fol- ‘‘(E) the term ‘gender identity’ means the tail shall be without interruption or loss of lows: gender-related identity, appearance, manner- civil service status or privilege. At the appropriate place, insert the fol- isms, or other gender-related characteristics SEC. 604. NOTIFICATION AND ENFORCEMENT. lowing: of an individual, regardless of the designated (a) NOTIFICATION.—Not later than 10 days SEC. ll. DISCLOSURE OF PAYMENTS FOR SET- sex of the individual at birth; after a covered breach, the covered consumer TLEMENTS OF DISPUTES REGARD- ‘‘(F) the term ‘settlement’ means any com- reporting agency that was subject to the ING SEXUAL ABUSE AND CERTAIN mitment or agreement— covered breach shall notify the Commission TYPES OF HARASSMENT AND DIS- ‘‘(i) without regard to whether the com- of the covered breach. CRIMINATION. mitment or agreement, as applicable, is in (b) PENALTY.— Section 13 of the Securities Exchange Act writing; and (1) IN GENERAL.—In the event of a covered of 1934 (15 U.S.C. 78m) is amended by adding ‘‘(ii) under which an issuer directly or indi- breach, the Commission shall, not later than at the end the following: rectly— ‘‘(s) DISCLOSURE OF CERTAIN ACTIVITIES RE- 30 days after the date on which the Commis- ‘‘(I) provides to an individual compensa- GARDING SETTLEMENTS OF DISPUTES RELAT- sion receives notification of the covered tion or other consideration because of an al- ING TO SEXUAL ABUSE AND CERTAIN TYPES OF breach, commence a civil action to recover a legation that the individual has been a vic- HARASSMENT OR DISCRIMINATION.— civil penalty in a district court of the United tim of covered harassment, covered discrimi- ‘‘(1) DEFINITIONS.—In this subsection— States against the covered consumer report- nation, or sexual abuse; or ‘‘(A) the term ‘covered discrimination’ ing agency that was subject to the covered ‘‘(II) establishes conditions that affect the means— breach. terms of the employment, including by ter- ‘‘(i) discrimination described in any of (2) DETERMINING PENALTY AMOUNT.— minating the employment, of the individual clauses (i) through (vi) of subparagraph (B); (A) IN GENERAL.—Except as provided in with the issuer— subparagraph (B), in determining the or ‘‘(aa) because of the experience of the indi- amount of a civil penalty under paragraph ‘‘(ii)(I) a violation of section 704(a) of the vidual with, or the participation of the indi- (1), the court shall impose a civil penalty on Civil Rights Act of 1964 (42 U.S.C. 2000e–3(a)) vidual in, an alleged act of covered harass- a covered consumer reporting agency of— that is related to discrimination described in ment, covered discrimination, or sexual (i) $100 for each consumer whose first and subparagraph (B)(i) or (B)(vi)(I); abuse; and last name, or first initial and last name, and ‘‘(II) a violation of section 4(d) of the Age ‘‘(bb) in exchange for which the individual at least 1 item of personally identifying in- Discrimination in Employment Act of 1967 agrees or commits not to— formation was compromised; and (29 U.S.C. 623(d)) that is related to discrimi- ‘‘(AA) bring legal, administrative, or any (ii) an additional $50 for each additional nation described in subparagraph (B)(ii); other type of action against the issuer; or item of personally identifying information ‘‘(III) a violation of subsection (a) or (b) of ‘‘(BB) publicly disclose, for a period of compromised for each consumer. section 503 of the Americans with Disabil- time of any length, any portion of the al- (B) EXCEPTION.— ities Act of 1990 (42 U.S.C. 12203) that is re- leged act described in item (aa) on which the (i) IN GENERAL.—Except as provided in lated to discrimination described in subpara- commitment or agreement, as applicable, is clause (ii), a court may not impose a civil graph (B)(iii); based; penalty under this subsection in an amount ‘‘(IV) a violation of section 207(f) of the Ge- ‘‘(G) the term ‘sexual abuse’ means any greater than 50 percent of the gross revenue netic Information Nondiscrimination Act of type of sexual contact or behavior that oc- of the covered consumer reporting agency for 2008 (42 U.S.C. 2000ff–6(f)) that is related to curs without the explicit consent of the re- the previous fiscal year before the date on discrimination described in subparagraph cipient, including forced sexual intercourse, which the covered consumer reporting agen- (B)(iv); forcible sodomy, child molestation, incest, cy became aware of the covered breach. ‘‘(V) a violation of section 4311(b) of title fondling, and attempted rape; and (ii) PENALTY DOUBLED.—A court shall im- 38, United States Code, that is related to dis- ‘‘(H) the term ‘sexual orientation’ means pose a civil penalty on a covered consumer crimination described in subparagraph homosexuality, heterosexuality, or bisex- reporting agency double the penalty de- (B)(v); and uality. scribed in subparagraph (A), but not greater ‘‘(VI) a violation of section 40002(b)(13)(A) ‘‘(2) DISCLOSURE REQUIREMENTS.— than 75 percent of the gross revenue of the of the Violence Against Women Act of 1994 ‘‘(A) IN GENERAL.—Beginning in the first covered consumer reporting agency for the (34 U.S.C. 12291(b)(13)(A)) that— fiscal year that begins after the date of en- previous fiscal year before the date on which ‘‘(aa) may cover retaliation described in a actment of this subsection, each covered the covered consumer reporting agency be- provision specified in any of subclauses (I) issuer shall disclose annually on Form 10–K, came aware of the covered breach if— through (V); and to shareholders of the covered issuer, and to (I) the covered consumer reporting agency ‘‘(bb) is related to discrimination described the public— fails to notify the Commission of a covered in subparagraph (B)(vi)(II); ‘‘(i) with respect to the previous year— breach before the deadline established under ‘‘(B) the term ‘covered harassment’ means ‘‘(I) the total number of settlements en- subsection (a); or harassment that is— tered into by the covered issuer, a sub- (II) the covered consumer reporting agency ‘‘(i) discrimination because of race, color, sidiary, contractor, or subcontractor of the violates any regulation promulgated under religion, sex, or national origin under title covered issuer, or a corporate executive of section 603(b)(1)(C). VII of the Civil Rights Act of 1964 (42 U.S.C. the covered issuer that relate to any alleged (3) PROCEEDS OF THE PENALTIES.—Of the 2000e et seq.); act of sexual abuse, covered harassment, or penalties assessed under this subsection— ‘‘(ii) discrimination because of age under covered discrimination that— (A) 50 percent shall be used for cybersecu- the Age Discrimination in Employment Act ‘‘(aa) occurred in the workplace of the cov- rity research and inspections by the Office of of 1967 (29 U.S.C. 621 et seq.); ered issuer or a subsidiary, contractor, or Cybersecurity; and ‘‘(iii) discrimination on the basis of dis- subcontractor of the covered issuer; or (B) 50 percent shall be used by the Commis- ability under— ‘‘(bb) involves the behavior of an employee sion to be divided fairly among consumers ‘‘(I) title I of the Americans with Disabil- of the covered issuer, or a subsidiary, con- affected by the covered breach. ities Act of 1990 (42 U.S.C. 12111 et seq.); or tractor, or subcontractor of the covered (4) NO PREEMPTION.—Nothing in this sub- ‘‘(II) section 501 of the Rehabilitation Act issuer, toward another such employee, with- section shall preclude an action by a con- of 1973 (29 U.S.C. 791); out regard to whether that behavior oc- sumer under State or other Federal law. ‘‘(iv) discrimination because of genetic in- curred in the workplace of the covered issuer (c) INJUNCTIVE RELIEF.—The Commission formation under title II of the Genetic Infor- or the subsidiary, contractor, or subcon- may bring suit in a district court of the mation Nondiscrimination Act of 2008 (42 tractor, as applicable; United States or in the United States court U.S.C. 2000ff et seq.); ‘‘(II) the total dollar amount paid with re- of any Territory to enjoin a covered con- ‘‘(v) discrimination on the basis of status spect to the settlements described in sub- sumer reporting agency to implement or cor- concerning service in a uniformed service clause (I); rect a particular security measure in order under section 4311(a) of title 38, United ‘‘(III) the total number of settlements en- to promote effective security. States Code; or tered into by the covered issuer, a sub- SEC. 605. AUTHORIZATION OF APPROPRIATIONS. ‘‘(vi) discrimination because of sexual ori- sidiary, contractor, or subcontractor of the There are authorized to be appropriated entation or gender identity under— covered issuer, or a corporate executive of $100,000,000 to carry out this title, to remain ‘‘(I) title VII of the Civil Rights Act of 1964 the covered issuer that relate to any alleged available until expended. (42 U.S.C. 2000e et seq.); or act of sexual abuse, covered harassment, or ‘‘(II) section 40002(b)(13)(A) of the Violence covered discrimination that— SA 2066. Ms. WARREN (for herself Against Women Act of 1994 (34 U.S.C. ‘‘(aa) was committed by a corporate execu- and Mr. DURBIN) submitted an amend- 12291(b)(13)(A)); tive of—

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.024 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1388 CONGRESSIONAL RECORD — SENATE March 6, 2018 ‘‘(AA) the covered issuer; or under subparagraph (A) whether any objec- ‘‘(viii) Any person acting pursuant to an ‘‘(BB) a subsidiary, contractor, or subcon- tion has been made under subclause (I)(bb) of authorization from a consumer to use their tractor of the covered issuer; and this clause. consumer report for employment purposes.’’. ‘‘(bb)(AA) occurred in the workplace of the ‘‘(ii) PROHIBITION ON DISCLOSURES BY THE (b) ENHANCEMENT OF FRAUD ALERT PROTEC- covered issuer or a subsidiary, contractor, or COMMISSION.—The Commission may not dis- TIONS.—Section 605A of the Fair Credit Re- subcontractor of the covered issuer, as appli- close the name of a victim of an alleged act porting Act (15 U.S.C. 1681c–1) is amended— cable; or of sexual abuse, covered harassment, or cov- (1) in subsection (a)— ‘‘(BB) involved the behavior of a corporate ered discrimination on which a settlement or (A) in the subsection heading, by striking executive described in item (aa) toward an- complaint, as applicable, described in sub- ‘‘ONE-CALL’’ and inserting ‘‘ONE-YEAR’’; other employee of the covered issuer or a paragraph (A) is based. (B) in paragraph (1)— subsidiary, contractor, or subcontractor of ‘‘(D) PREVENTION OF SEXUAL ABUSE, COV- (i) in the paragraph heading, by striking the covered issuer, as applicable, without re- ERED HARASSMENT, AND COVERED DISCRIMINA- ‘‘INITIAL ALERTS’’ and inserting ‘‘IN GEN- gard to whether that behavior occurred in TION.—In each disclosure required under sub- ERAL’’; the workplace of the covered issuer or a sub- paragraph (A), the covered issuer making the (ii) in the matter preceding subparagraph sidiary, contractor, or subcontractor of the disclosure shall include a description of the (A), by inserting ‘‘or harmed by the unau- covered issuer; measures taken by the covered issuer and thorized disclosure of the financial or per- ‘‘(IV) the total dollar amount with respect any subsidiary, contractor, or subcontractor sonally identifiable information of the con- to the settlements described in subclause of the covered issuer to prevent employees of sumer,’’ after ‘‘identity theft,’’; (III); and the covered issuer and any subsidiary, con- (iii) in subparagraph (A)— ‘‘(V) the average length of time required tractor, or subcontractor of the covered (I) by striking ‘‘90 days’’ and inserting ‘‘1 for the covered issuer to resolve a complaint issuer from committing or engaging in sex- year’’; and relating to covered discrimination, covered ual abuse, covered harassment, or covered (II) by striking ‘‘and’’ at the end; harassment, or sexual abuse; and discrimination. (iv) in subparagraph (B)— ‘‘(ii) as of the date on which the disclosure ‘‘(3) REGULATIONS.—The Commission may (I) by inserting ‘‘1-year’’ before ‘‘fraud is made, the total number of complaints re- promulgate such regulations as the Commis- alert’’; and lating to covered discrimination, covered sion considers necessary to implement the (II) by striking the period at the end and harassment, and sexual abuse that the cov- requirements under paragraph (2).’’. inserting ‘‘; and’’; and ered issuer is working to resolve through— (v) by adding at the end the following: ‘‘(I) processes that are internal to the cov- SA 2067. Ms. WARREN (for herself, ‘‘(C) upon the expiration of the 1-year pe- ered issuer; and Mr. BLUMENTHAL, and Mrs. SHAHEEN) riod described in subparagraph (A) or a sub- ‘‘(II) litigation. submitted an amendment intended to sequent 1-year period, and in response to a ‘‘(B) CATEGORIES.—Subject to subpara- be proposed by her to the bill S. 2155, to direct request by the consumer or such rep- graph (C), in each disclosure required under promote economic growth, provide tai- resentative, continue the fraud alert for an additional period of 1 year if the information subparagraph (A), a covered issuer shall re- lored regulatory relief, and enhance port the total number of settlements in sub- asserted in this paragraph remains applica- clauses (I) and (III) of subparagraph (A)(i) consumer protections, and for other ble.’’; and and the total dollar amounts in subclauses purposes; which was ordered to lie on (C) in paragraph (2)— (II) and (IV) of subparagraph (A)(i) in the ag- the table; as follows: (i) in the matter preceding subparagraph gregate and list each such settlement by any Strike section 301 and insert the following: (A), by inserting ‘‘1-year’’ before ‘‘fraud of the following categories that apply to the SEC. 301. PROTECTING CONSUMERS’ CREDIT. alert’’; and settlement: (a) DEFINITION OF CREDIT FREEZE.—Section (ii) in subparagraph (B), by striking ‘‘any ‘‘(i) Settlements relating to sexual abuse, 603(q) of the Fair Credit Reporting Act (15 request described in subparagraph (A)’’ and covered discrimination, or covered harass- U.S.C. 1681a(q)) is amended by adding at the inserting ‘‘the consumer reporting agency ment because of sex. end the following: includes the 1-year fraud alert in the file of ‘‘(ii) Settlements relating to covered dis- ‘‘(6) CREDIT FREEZE.— the consumer’’; crimination or covered harassment because ‘‘(A) IN GENERAL.—The term ‘credit freeze’ (2) in subsection (b)— of race, color, or national origin. means a restriction placed at the request of (A) in the subsection heading, by striking ‘‘(iii) Settlements relating to covered dis- a consumer or a personal representative of ‘‘EXTENDED’’ and inserting ‘‘SEVEN-YEAR’’; crimination or covered harassment because the consumer, on the consumer report of the (B) in paragraph (1)— of religion. consumer, that prohibits a consumer report- (i) in subparagraph (B)— ‘‘(iv) Settlements relating to covered dis- ing agency from releasing the consumer re- (I) by striking ‘‘5-year period beginning on crimination or covered harassment because port for a purpose relating to the extension the date of such request’’ and inserting ‘‘the of age. of credit without the express authorization 7-year period described in subparagraph (A)’’; ‘‘(v) Settlements relating to covered dis- of the consumer. and crimination or covered harassment on the ‘‘(B) EXCEPTION.—A credit freeze shall not (II) by striking ‘‘and’’ at the end; basis of disability. apply to the use of a consumer report by any (ii) in subparagraph (C)— ‘‘(vi) Settlements relating to covered dis- of the following: (I) by striking ‘‘extended’’ and inserting crimination or covered harassment because ‘‘(i) A person, or the subsidiary, affiliate, ‘‘7-year’’; and of genetic information. agent, subcontractor, or assignee of the per- (II) by striking the period at the end and ‘‘(vii) Settlements relating to covered dis- son, with whom the consumer has, or prior inserting ‘‘; and’’; and crimination or covered harassment on the to assignment had, an account, contract, or (iii) by adding at the end the following: basis of status concerning service in a uni- debtor-creditor relationship for the purposes ‘‘(D) upon the expiration of the 7-year pe- formed service. of reviewing the active account or collecting riod described in subparagraph (A) or a sub- ‘‘(viii) Settlements relating to covered dis- the financial obligation owed on the account, sequent 7-year period, and in response to a crimination or covered harassment because contract, or debt. direct request by the consumer or such rep- of sexual orientation or gender identity. ‘‘(ii) A person, or the subsidiary, affiliate, resentative, continue the fraud alert for an ‘‘(C) PROHIBITIONS ON CERTAIN DISCLO- agent, subcontractor, or assignee of the per- additional period of 7 years if the consumer SURES.— son, to whom access has been granted pursu- or such representative submits an updated ‘‘(i) PROHIBITION ON DISCLOSURES BY COV- ant to a request by the consumer described identity theft report.’’; and ERED ISSUERS.— under section 605A(i)(1)(B), for purposes of fa- (C) in paragraph (2), by amending subpara- ‘‘(I) IN GENERAL.—A covered issuer may cilitating the extension of credit or other graph (A) to read as follows: not— permissible use. ‘‘(A) disclose to the consumer that the con- ‘‘(aa) in any disclosure made under sub- ‘‘(iii) Any person acting pursuant to a sumer may request a free copy of the file of paragraph (A), or in any other public disclo- court order, warrant, or subpoena. the consumer pursuant to section 612(d) dur- sure, disclose the name of a victim of an al- ‘‘(iv) A Federal, State, or local govern- ing each 12-month period beginning on the leged act of sexual abuse, covered harass- ment, or an agent or assignee thereof. date on which the 7-year fraud alert was in- ment, or covered discrimination on which a ‘‘(v) Any person for the sole purpose of pro- cluded in the file and ending on the date of settlement or complaint, as applicable, de- viding a credit monitoring or identity theft the last day that the 7-year fraud alert ap- scribed in subparagraph (A) is based; or protection service to which the consumer plies to the file of the consumer; and’’; ‘‘(bb) under subparagraph (B), categorize a has subscribed. (3) in subsection (c)— settlement described in subclause (I) or (III) ‘‘(vi) Any person for the purpose of pro- (A) by redesignating paragraphs (1), (2), of subparagraph (A)(i) if the victim of the al- viding a consumer with a copy of the con- and (3), as subparagraphs (A), (B), and (C), re- leged act of sexual abuse, covered harass- sumer report or credit score of the consumer spectively, and adjusting the margins ac- ment, or covered discrimination on which upon request by the consumer. cordingly; the settlement is based objects to that cat- ‘‘(vii) Any person or entity for insurance (B) in the matter preceding subparagraph egorization. purposes, including use in setting or adjust- (A), as so redesignated, by striking ‘‘Upon ‘‘(II) INDICATION OF OBJECTION.—A covered ing a rate, adjusting a claim, or under- the direct request’’ and inserting the fol- issuer shall indicate in any disclosure made writing. lowing:

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‘‘(1) IN GENERAL.—Upon the direct re- consumer, a consumer reporting agency that consumers prepared by the consumer report- quest’’; and maintains a file on the consumer and has re- ing agency and provided to any third party (C) by adding at the end the following: ceived appropriate proof of the identity of to offer credit or insurance to the consumer ‘‘(2) ACCESS TO FREE REPORTS.—If a con- the requester (as described in section 1022.123 as part of a transaction that was not initi- sumer reporting agency includes an active of title 12, Code of Federal Regulations, or ated by the consumer, unless the consumer duty alert in the file of an active duty mili- any successor thereto) shall— or that representative requests that the ex- tary consumer, the consumer reporting agen- ‘‘(A)(i) not later than 1 business day after clusion be rescinded before end of the pe- cy shall— receiving the request sent by postal mail, riod.’’. ‘‘(A) disclose to the active duty military toll-free telephone, or secure electronic (d) ADDITIONAL FREE CONSUMER REPORT.— consumer that the active duty military con- means as established by the agency, place a Section 612 of the Fair Credit Reporting Act sumer may request a free copy of the file of credit freeze on the file of the consumer; (15 U.S.C. 1681j) is amended— the active duty military consumer pursuant ‘‘(ii) not later than 5 business days after (1) in subsection (f)(1), in the matter pre- to section 612(d), during each 12-month pe- placing a credit freeze described in clause (i), ceding subparagraph (A), by inserting ‘‘or riod beginning on the date on which the ac- provide the consumer with written confirma- subsection (h)’’ after ‘‘through (d)’’; and tivity duty military alert is requested and tion of the credit freeze and a unique per- (2) by adding at the end the following: ending on the date of the last day that the sonal identification number or password ‘‘(h) FREE DISCLOSURES IN CONNECTION active duty alert applies to the file of the ac- (other than the social security number of the WITH CREDIT FREEZE.—In addition to the free tive duty military consumer; and consumer) for use to authorize the release of annual disclosure required under subsection ‘‘(B) not later than 3 business days after the file of the consumer for a specific period (a)(1)(A), each consumer reporting agency the date on which the active duty military of time; and that maintains a file on a consumer who re- consumer makes a request described in sub- ‘‘(iii) disclose all relevant information to quests a credit freeze under section 605A(i) paragraph (A), provide to the active duty the consumer relating to the procedures for shall make all disclosures pursuant to sec- military consumer all disclosures required to temporarily lifting and fully removing a tion 609 once during any 12-month period be made under section 609, without charge to credit freeze, including a statement about without charge to the consumer if the con- the active duty military consumer.’’; the maximum amount of time given to an sumer makes a request under section 609.’’. (4) by amending subsection (d) to read as agency to conduct those actions; (e) REFUNDS.— follows: ‘‘(B) if the consumer provides a correct (1) DEFINITIONS.—In this section, the terms ‘‘(d) PROCEDURES.—Each consumer report- personal identification number or password, ‘‘consumer’’, ‘‘consumer reporting agency’’, ing agency described in section 603(p) shall temporarily lift an existing credit freeze and ‘‘credit freeze’’ have the meanings given establish and make available to the public from the file of the consumer for a period of those terms in section 603 of the Fair Credit on the Internet website of the consumer re- time specified by the consumer for a specific Reporting Act (15 U.S.C. 1681a), as amended porting agency policies and procedures to user or category of users, as determined by by subsection (a). comply with this section, including policies the consumer— (2) REFUNDS.—With respect to any con- and procedures— ‘‘(i) not later than 1 business day after re- sumer who requested a credit freeze from a ‘‘(1) that inform consumers of the avail- ceiving the request by postal mail; or consumer reporting agency during the period ability of 1-year fraud alerts, 7-year fraud ‘‘(ii) not later than 15 minutes after receiv- beginning on September 7, 2017, and ending alerts, active duty alerts, and credit freezes, ing the request by toll-free telephone num- on the day before the date of enactment of as applicable; ber or secure electronic means established this Act, the consumer reporting agency— ‘‘(2) that allow consumers to request 1-year by the agency, if the request is received dur- (A) shall issue a refund to the consumer for ing regular business hours, except if the abil- fraud alerts, 7-year fraud alerts, and active any fees charged to the consumer relating to ity of the consumer reporting agency to tem- duty alerts, as applicable, and to place, tem- the request for a credit freeze; and porarily lift the credit freeze is prevented porarily lift, or fully remove a credit freeze (B) may not impose a fee on the consumer by— in a simple and easy manner; and to temporarily lift or fully remove the credit ‘‘(I) an act of God, including earthquakes, ‘‘(3) for asserting in good faith a suspicion freeze. that the consumer has been or is about to be- hurricanes, storms, or similar natural dis- aster or phenomenon, or fire; come a victim of identity theft, fraud, or a SA 2068. Ms. WARREN submitted an related crime, or harmed by the unauthor- ‘‘(II) unauthorized or illegal acts by a third ized disclosure of the financial or personally party including terrorism, sabotage, riot, amendment intended to be proposed by identifiable information of the consumer, for vandalism, labor strikes or disputes dis- her to the bill S. 2155, to promote eco- a consumer seeking a 1-year fraud alert or rupting operations, or a similar occurrence; nomic growth, provide tailored regu- credit freeze.’’; ‘‘(III) an operational interruption, includ- latory relief, and enhance consumer (5) in subsection (e), in the matter pre- ing electrical failure, unanticipated delay in protections, and for other purposes; ceding paragraph (1), by inserting ‘‘1-year or equipment or replacement part delivery, which was ordered to lie on the table; 7-year’’ before ‘‘fraud alert’’; computer hardware or software failures in- as follows: (6) in subsection (f), by striking ‘‘or active hibiting response time, or a similar disrup- duty alert’’ and inserting ‘‘active duty alert, tion; At the end of title III, add the following: or credit freeze, as applicable,’’; ‘‘(IV) governmental action, including SEC. 308. IMPROVED CONSUMER PROTECTIONS (7) in subsection (g)— emergency orders or regulations, judicial or FOR PRIVATE EDUCATION LOANS. (A) by inserting ‘‘or has been harmed by law enforcement action, or a similar direc- (a) IN GENERAL.—Section 128(e) of the the unauthorized disclosure of the financial tive; Truth in Lending Act (15 U.S.C. 1638(e)) is or personally identifiable information of the ‘‘(V) regularly scheduled maintenance or amended by adding at the end the following: consumer,’’ after ‘‘identity theft,’’; and updates to the systems of the consumer re- ‘‘(12) DISCHARGE OF PRIVATE EDUCATION (B) by inserting ‘‘or credit freezes’’ after porting agency occurring outside of normal LOANS IN THE EVENT OF DEATH OR DISABILITY ‘‘request alerts’’; and business hours; or OF THE BORROWER.—Each private education (8) in subsection (h)— ‘‘(VI) commercially reasonable mainte- loan shall include terms that provide that (A) in paragraph (1)— nance of, or repair to, the systems of the the liability to repay the loan shall be can- (i) in the paragraph heading, by striking consumer reporting agency that is unex- celled— ‘‘INITIAL’’ and inserting ‘‘1-YEAR’’; pected or unscheduled; or ‘‘(A) upon the death of the borrower; (ii) in subparagraph (A), by striking ‘‘ini- ‘‘(C) if the consumer provides a correct per- ‘‘(B) if the borrower becomes permanently tial’’ and inserting ‘‘1-year’’; and sonal identification number or password, and totally disabled, as determined under (iii) in subparagraph (B)(i), by striking ‘‘an fully remove an existing credit freeze from paragraph (1) or (3) of section 437(a) of the initial’’ and inserting ‘‘a 1-year’’; and the file of the consumer not later than 21 Higher Education Act of 1965 (20 U.S.C. (B) in paragraph (2)— business days after receiving the request by 1087(a)) and the regulations promulgated by (i) in the paragraph heading, by striking postal mail, toll-free telephone, or secure the Secretary of Education under that sec- ‘‘EXTENDED’’ and inserting ‘‘7-YEAR’’; electronic means established by the con- tion; and (ii) in subparagraph (A), in the matter pre- sumer reporting agency. ‘‘(C) if the Secretary of Veterans Affairs or ceding clause (i), by striking ‘‘extended’’ and ‘‘(2) NO FEE.—A consumer reporting agency the Secretary of Defense determines that the inserting ‘‘7-year’’; and may not charge a consumer a fee to place, borrower is unemployable due to a service- (iii) in subparagraph (B), by striking ‘‘an temporarily lift, or fully remove a credit connected condition or disability, in accord- extended’’ and inserting ‘‘a 7-year’’. freeze. ance with the requirements of section (c) PROVIDING FREE ACCESS TO CREDIT ‘‘(3) EXCLUSION FROM THIRD-PARTY LISTS.— 437(a)(2) of that Act and the regulations pro- FREEZES.—Section 605A of the Fair Credit During the period beginning on the date on mulgated by the Secretary of Education Reporting Act (15 U.S.C. 1681c–1) is amended which a consumer or a representative of the under that section. by adding at the end the following: consumer requests to place a credit freeze ‘‘(13) TRANSFER OF SERVICING.— ‘‘(i) CREDIT FREEZES.— and ending the date on which the consumer ‘‘(A) DISCLOSURE TO APPLICANT RELATING TO ‘‘(1) IN GENERAL.—Upon the direct request or representative requests to fully remove a TRANSFER OF SERVICING.—A private edu- of a consumer, or an individual acting on be- credit freeze, a consumer reporting agency cation lender shall disclose to each person half of or as a personal representative of a shall exclude the consumer from any list of who applies for a private education loan, at

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the time of application for the private edu- ‘‘(CC) the amount of the last payment allo- ‘‘(14) PAYMENTS AND FEES.— cation loan, whether there may be a transfer cated to principal, interest, and other ‘‘(A) PROHIBITION ON RECOMMENDING DE- of servicing of the private education loan at charges; FAULT.—A loan holder or student loan any time during which the private education ‘‘(bb) the status of the borrower’s private servicer may not recommend or encourage loan is outstanding. education loan as of the effective date of the default or delinquency on an existing private ‘‘(B) NOTICE BY TRANSFEROR SERVICER AT transfer, including whether the loan is in de- education loan prior to and in connection TIME OF TRANSFER OF SERVICING.— fault; with the process of qualifying for or enroll- ‘‘(i) NOTICE REQUIREMENT.—A transferor ‘‘(cc) whether any application for an alter- ing in an alternative repayment arrange- servicer shall notify the borrower under a native repayment arrangement submitted by ment, including the origination of a new pri- private education loan, in writing, of any the borrower is pending; and vate education loan that refinances all or transfer of student loan servicing for the pri- ‘‘(dd) an itemization and explanation for any portion of such existing loan or debt. vate education loan (with respect to which all arrearages claimed to be due as of the ef- ‘‘(B) LATE FEES.— such notice is made). fective date of the transfer; ‘‘(i) IN GENERAL.—A late fee may not be ‘‘(ii) TIME OF NOTICE.— ‘‘(IX) a detailed description of any benefit, charged to a borrower under a private edu- ‘‘(I) IN GENERAL.—Except as provided under alternative repayment arrangement, or cation loan under any of the following cir- subclause (II), the notice required under other term or condition arranged between cumstances, either individually or in com- clause (i) shall be made to the borrower not the transferor servicer and the borrower that bination: less than 15 days before the effective date of is not included in the terms of the promis- ‘‘(I) On a per-loan basis when a borrower transfer of the student loan servicing of the sory note; has multiple private education loans in a private education loan. ‘‘(X) a detailed description of any item billing group. ‘‘(II) EXCEPTION FOR CERTAIN PRO- identified under subclause (VIII) that will ‘‘(II) In an amount greater than 4 percent CEEDINGS.—The notice required under clause cease to apply upon transfer, including an of the amount of the payment past due. (i) shall be made to the borrower not more explanation; and ‘‘(III) Before the end of the 15-day period than 30 days after the effective date of trans- ‘‘(XI) information on how to file a com- beginning on the date the payment is due. fer of the student loan servicing of the bor- plaint with the Bureau. ‘‘(IV) More than once with respect to a sin- rower’s private education loan if the transfer ‘‘(D) NOTICE BY TRANSFEREE SERVICER AT gle late payment. of student loan servicing is preceded by— TIME OF TRANSFER OF SERVICING.— ‘‘(V) The borrower fails to make a singular, ‘‘(aa) termination of the contract for stu- ‘‘(i) NOTICE REQUIREMENT.—A transferee non successive regularly-scheduled payment dent loan servicing of the private education servicer shall notify the borrower under a on the private education loan. loan for cause; private education loan, in writing, of any ‘‘(ii) COORDINATION WITH SUBSEQUENT LATE ‘‘(bb) commencement of bankruptcy pro- transfer of servicing of the private education FEES.—No late fee may be charged to a bor- ceedings of the transferor servicer; or loan. rower under a private education loan relat- ‘‘(cc) any other situation in which the Bu- ‘‘(ii) TIME OF NOTICE.— ing to an insufficient payment if the pay- reau determines that such exception is war- ‘‘(I) IN GENERAL.—Except as provided in ment is made on or before the due date of the ranted. subclause (II), the notice required under payment, or within any applicable grace pe- ONTENTS OF NOTICE.—The notice re- clause (i) shall be made to the borrower not ‘‘(C) C riod for the payment, if the insufficiency is quired under subparagraph (B) shall— more than 15 days after the effective date of attributable only to a late fee relating to an ‘‘(i) be made in writing and, if the trans- transfer of the student loan servicing of the earlier payment, and the payment is other- feror servicer has an email address for the borrower’s private education loan. wise a full payment for the applicable period. borrower, by email; and ‘‘(II) EXCEPTION FOR CERTAIN PRO- ‘‘(15) MODIFICATION AND DEFERRAL FEES ‘‘(ii) include— CEEDINGS.—The notice required under clause PROHIBITED.—A loan holder or student loan ‘‘(I) the effective date of the transfer; (i) shall be made to the borrower not more servicer may not charge a borrower any fee ‘‘(II) the name, address, website, and toll- than 30 days after the effective date of trans- to modify, renew, extend, or amend a private free or collect-call telephone number of the fer of the student loan servicing of the stu- education loan, or to defer any payment due transferee servicer; dent loan servicing of borrower’s private under the terms of a private education ‘‘(III) a toll-free or collect-call telephone education loan if the transfer of servicing is number for an individual employed by the preceded by— loan.’’. (b) PROHIBITION OF ACCELERATION OF PAY- transferor servicer, or the office or depart- ‘‘(aa) termination of the contract for stu- MENTS ON PRIVATE EDUCATION LOANS.— ment of, the transferor servicer that can be dent loan servicing the private education (1) IN GENERAL.—Except as provided in contacted by the borrower to answer inquir- loan for cause; paragraph (2), a private education loan (as ies relating to the transfer of servicing; ‘‘(bb) commencement of bankruptcy pro- defined in section 140(a) of the Truth in ‘‘(IV) the name and toll-free or collect-call ceedings of the transferor servicer; or Lending Act (15 U.S.C. 1650(a)) executed after telephone number for an individual em- ‘‘(cc) any other situation in which the Bu- the date of enactment of this Act may not ployed by the transferee servicer, or the of- reau determines that such exception is war- include a provision that permits the loan fice or department of, the transferee servicer ranted. holder or student loan servicer to accelerate, that can be contacted by the borrower to an- ‘‘(E) METHOD OF NOTIFICATION.—The notifi- swer inquiries relating to the transfer of cation required under this subsection shall in whole or in part, payments on the private servicing; be provided in writing. education loan. (2) ACCELERATION CAUSED BY A PAYMENT DE- ‘‘(V) the date on which the transferor ‘‘(F) TREATMENT OF LOAN PAYMENTS DURING FAULT.—A private education loan may in- servicer will cease to accept payments relat- TRANSFER PERIOD.— ing to the borrower’s private education loan ‘‘(i) IN GENERAL.—During the 60-day period clude a provision that permits acceleration and the date on which the transferee servicer beginning on the effective date of transfer of the loan in cases of payment default. will begin to accept such payments; relating to a borrower’s private education SA 2069. Ms. WARREN (for herself ‘‘(VI) a statement that the transfer of stu- loan, a late fee may not be imposed on the dent loan servicing of the private education borrower with respect to any payment on the and Ms. CANTWELL) submitted an loan does not affect any term or condition of private education loan, and no such payment amendment intended to be proposed by the private education loan other than terms may be treated as late for any other pur- her to the bill S. 2155, to promote eco- directly related to the student loan servicing poses, if the payment is received by the nomic growth, provide tailored regu- of the private education loan; transferor servicer (rather than the trans- latory relief, and enhance consumer ‘‘(VII) a statement disclosing— feree servicer who should properly receive protections, and for other purposes; ‘‘(aa) whether borrower authorization for payment) before the due date applicable to which was ordered to lie on the table; recurring electronic funds transfers will be such payment. as follows: transferred to the transferee servicer; and ‘‘(ii) NOTICE.—To the maximum extent ‘‘(bb) if any such recurring electronic funds practicable, a transferor servicer shall notify At the end add the following: transfers cannot be transferred, information a borrower, both in writing and by tele- TITLE VI—MISCELLANEOUS as to how the borrower may establish new phone, regarding any payment received by SEC. 601. SHORT TITLE. recurring electronic funds transfers in con- the transferor servicer (rather than the This title may be cited as the ‘‘21st Cen- nection with transfer of servicing to the transferee servicer who should properly re- tury Glass-Steagall Act of 2017’’. transferee servicer; ceive payment). SEC. 602. FINDINGS AND PURPOSE. ‘‘(VIII) a statement disclosing— ‘‘(G) ELECTRONIC FUND TRANSFER AUTHOR- (a) FINDINGS.—Congress finds that— ‘‘(aa) the application of all payments and ITY.—A transferee servicer shall make avail- (1) in response to a financial crisis and the charges relating to the borrower’s private able to a borrower whose student loan serv- ensuing Great Depression, Congress enacted education loan as of the effective date of the icing is transferred to the transferee servicer the Banking Act of 1933, known as the transfer, including— a simple, online process through which the ‘‘Glass-Steagall Act’’, to prohibit commer- ‘‘(AA) the date the last payment of the borrower may transfer to the transferee cial banks from offering investment banking borrower was received; servicer any existing authority for an elec- and insurance services; ‘‘(BB) the date the last late fee, arrearages, tronic fund transfer that the borrower had (2) a series of deregulatory decisions by the or other charge was applied; and provided to the transferor servicer. Board of Governors of the Federal Reserve

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.027 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1391 System and the Office of the Comptroller of (10) private sector actors prefer having ac- ‘‘(II) the advice that the institution pro- the Currency, in addition to decisions by cess to underpriced public sector insurance, vides to customers. Federal courts, permitted commercial banks whether explicit (for insured deposits) or im- ‘‘(iii) TERMINATION OF SERVICE.—Subject to to engage in an increasing number of risky plicit (for ‘‘too big to fail’’ financial institu- a determination under clause (i), any indi- financial activities that had previously been tions), to subsidize dangerous levels of risk- vidual described in clause (i) who, as of the restricted under the Glass-Steagall Act, and taking, which, from a broader social perspec- date of enactment of the 21st Century Glass- also vastly expanded the meaning of the tive, is not an advantageous arrangement; Steagall Act of 2017, is serving as an officer, ‘‘business of banking’’ and ‘‘closely related and director, employee, or other institution-af- activities’’ in banking law; (11) the financial crisis, and the regulatory filiated party of any insured depository in- (3) in 1999, Congress enacted the ‘‘Gramm- response to the crisis, has led to more merg- stitution shall terminate such service as Leach-Bliley Act’’, which repealed the Glass- ers between financial institutions, creating soon as is practicable after such date of en- Steagall Act separation between commercial greater financial sector consolidation and in- actment, and in no event, later than the end and investment banking and allowed for creasing the dominance of a few large, com- of the 60-day period beginning on that date complex cross-subsidies and interconnec- plex financial institutions that are generally of enactment. tions between commercial and investment considered to be ‘‘too big to fail’’, and there- ‘‘(C) TERMINATION OF EXISTING AFFILIATIONS banks; fore are perceived by the markets as having AND ACTIVITIES.— (4) former Kansas City Federal Reserve an implicit guarantee from the Federal Gov- ‘‘(i) ORDERLY TERMINATION OF EXISTING AF- President Thomas Hoenig observed that ernment to bail them out in the event of FILIATIONS AND ACTIVITIES.—Any affiliation, common ownership or control, or activity of ‘‘with the elimination of Glass-Steagall, the their failure. an insured depository institution with any largest institutions with the greatest ability (b) PURPOSES.—The purposes of this title securities entity, insurance company, swaps to leverage their balance sheets increased are— entity, or any other person, as of the date of their risk profile by getting into trading, (1) to reduce risks to the financial system enactment of the 21st Century Glass-Steagall market making, and hedge fund activities, by limiting the ability of banks to engage in Act of 2017, which is prohibited under sub- adding ever greater complexity to their bal- activities other than socially valuable core paragraph (A) shall be terminated as soon as ance sheets.’’; banking activities; is practicable, and in no event later than the (5) the Financial Crisis Inquiry Report (2) to protect taxpayers and reduce moral hazard by removing explicit and implicit end of the 5-year period beginning on that issued by the Financial Crisis Inquiry Com- date of enactment. mission concluded that, in the years between government guarantees for high-risk activi- ‘‘(ii) EARLY TERMINATION.—The appropriate the passage of the Gramm-Leach Bliley Act ties outside of the core business of banking; and Federal banking agency, at any time after and the global financial crisis, ‘‘regulation opportunity for hearing, may order termi- and supervision of traditional banking had (3) to eliminate any conflict of interest that arises from banks engaging in activities nation of an affiliation, common ownership been weakened significantly, allowing com- or control, or activity prohibited by clause mercial banks and thrifts to operate with from which their profits are earned at the expense of their customers or clients. (i) before the end of the 5-year period de- fewer constraints and to engage in a wider scribed in clause (i), if the agency deter- SEC. 603. DEFINITIONS. range of financial activities, including ac- mines that such action— In this title— tivities in the shadow banking system.’’. The ‘‘(I) is necessary to prevent undue con- (1) the term ‘‘bank holding company’’ has Commission also concluded that ‘‘[t]his de- centration of resources, decreased or unfair regulation made the financial system espe- the meaning given the term in section 2 of competition, conflicts of interest, or un- cially vulnerable to the financial crisis and the Bank Holding Company Act of 1956 (12 sound banking practices; and exacerbated its effects.’’; U.S.C. 1841); and ‘‘(II) is in the public interest. (2) the terms ‘‘insurance company’’, ‘‘in- (6) a report by the Financial Stability ‘‘(iii) EXTENSION.—Subject to a determina- Oversight Council pursuant to section 123 of sured depository institution’’, ‘‘securities en- tion under clause (ii), an appropriate Federal the Dodd-Frank Wall Street Reform and tity’’, and ‘‘swaps entity’’ have the meanings banking agency may extend the 5-year pe- Consumer Protection Act (12 U.S.C. 5333) given those terms in section 18(s)(6)(D) of the riod described in clause (i) as to any par- states that increased complexity and diver- Federal Deposit Insurance Act, as added by ticular insured depository institution for not sity of financial activities at financial insti- section 604(a) of this title. more than an additional 6 months at a time, tutions may ‘‘shift institutions towards SEC. 604. SAFE AND SOUND BANKING. if— more risk-taking, increase the level of inter- (a) INSURED DEPOSITORY INSTITUTIONS.— ‘‘(I) the agency certifies that such exten- connectedness among financial firms, and Section 18(s) of the Federal Deposit Insur- sion would promote the public interest and therefore may increase systemic default ance Act (12 U.S.C. 1828(s)) is amended by would not pose a significant threat to the risk. These potential costs may be exacer- adding at the end the following: stability of the banking system or financial bated in cases where the market perceives ‘‘(6) LIMITATIONS ON BANKING AFFILI- markets in the United States; and diverse and complex financial institutions as ATIONS.— ‘‘(II) such extension, in the aggregate, does ‘too big to fail,’ which may lead to excessive ‘‘(A) PROHIBITION ON AFFILIATIONS WITH not exceed 1 year for any single insured de- risk taking and concerns about moral haz- NONDEPOSITORY ENTITIES.—An insured deposi- pository institution. ard.’’; tory institution may not— ‘‘(iv) REQUIREMENTS FOR ENTITIES RECEIV- (7) the Senate Permanent Subcommittee ‘‘(i) be or become an affiliate of any insur- ING AN EXTENSION.—Upon receipt of an exten- on Investigations report, ‘‘Wall Street and ance company, securities entity, or swaps sion under clause (iii), the insured depository the Financial Crisis: Anatomy of a Financial entity; institution shall notify shareholders of the Collapse’’, states that repeal of the Glass- ‘‘(ii) be in common ownership or control insured depository institution and the gen- Steagall Act ‘‘made it more difficult for reg- with any insurance company, securities enti- eral public that it has failed to comply with ulators to distinguish between activities in- ty, or swaps entity; or the requirements of clause (i). tended to benefit customers versus the finan- ‘‘(iii) engage in any activity that would ‘‘(D) DEFINITIONS.—For purposes of this cial institution itself. The expanded set of fi- cause the insured depository institution to paragraph, the following definitions shall nancial services investment banks were al- qualify as an insurance company, securities apply: lowed to offer also contributed to the mul- entity, or swaps entity. ‘‘(i) INSURANCE COMPANY.—The term ‘insur- tiple and significant conflicts of interest ‘‘(B) INDIVIDUALS ELIGIBLE TO SERVE ON ance company’ has the meaning given the that arose between some investment banks BOARDS OF DEPOSITORY INSTITUTIONS.— term in section 2(q) of the Bank Holding and their clients during the financial cri- ‘‘(i) IN GENERAL.—An individual who is an Company Act of 1956 (12 U.S.C. 1841(q)). sis.’’; officer, director, partner, or employee of any ‘‘(ii) INSURED DEPOSITORY INSTITUTION.— (8) the Senate Permanent Subcommittee securities entity, insurance company, or The term ‘insured depository institution’— on Investigations report, ‘‘JPMorgan Chase swaps entity may not serve at the same time ‘‘(I) has the meaning given the term in sec- Whale Trades: A Case History of Derivatives as an officer, director, employee, or other in- tion 3(c)(2); and Risks and Abuses’’, describes how traders at stitution-affiliated party of any insured de- ‘‘(II) does not include a savings association JPMorgan Chase made risky bets using ex- pository institution. controlled by a savings and loan holding cess deposits that were partly insured by the ‘‘(ii) EXCEPTION.—Clause (i) shall not apply company, as described in section 10(c)(9)(C) Federal Government; with respect to service by any individual of the Home Owners’ Loan Act (12 U.S.C. (9) in Europe, the Vickers Independent which is otherwise prohibited under clause 1467a(c)(9)(C)). Commission on Banking (for the United (i), if the appropriate Federal banking agen- ‘‘(iii) SECURITIES ENTITY.—The term ‘secu- Kingdom) and the Liikanen Report (for the cy determines, by regulation with respect to rities entity’— Euro area) have both found that there is no a limited number of cases, that service by ‘‘(I) includes any entity engaged in— inherent reason to bundle ‘‘retail banking’’ such an individual as an officer, director, ‘‘(aa) the issue, flotation, underwriting, with ‘‘investment banking’’ or other forms of employee, or other institution-affiliated public sale, or distribution of stocks, bonds, relatively high risk securities trading, and party of an insured depository institution debentures, notes, or other securities; European countries are set on a path of sepa- would not unduly influence— ‘‘(bb) market making; rating various activities that are currently ‘‘(I) the investment policies of the deposi- ‘‘(cc) activities of a broker or dealer, as bundled together in the business of banking; tory institution; or those terms are defined in section 3(a) of the

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.028 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1392 CONGRESSIONAL RECORD — SENATE March 6, 2018 Securities Exchange Act of 1934 (15 U.S.C. ‘‘(cc) the Board of Governors of the Federal (4) by inserting after paragraph (13) the fol- 78c(a)); Reserve System. lowing: ‘‘(dd) activities of a futures commission ‘‘(II) LIMITATIONS.—The business of dealing ‘‘(14) purchasing, as an end user, any swap, merchant; in securities and stock by the association to the extent that— ‘‘(ee) activities of an investment adviser or shall be limited to— ‘‘(A) the purchase of any such swap occurs investment company, as those terms are de- ‘‘(aa) purchasing and selling such securi- contemporaneously with the underlying fined in section 202(a) of the Investment Ad- ties and stock without recourse, solely upon hedged item or hedged transaction; visers Act of 1940 (15 U.S.C. 80b–2(a)) and sec- the order, and for the account of, customers, ‘‘(B) there is formal documentation identi- tion 3(a)(1) of the Investment Company Act and in no case for its own account, and the fying the hedging relationship with particu- of 1940 (15 U.S.C. 80a–3(a)(1)), respectively; or association shall not underwrite any issue of larity at the inception of the hedge; and ‘‘(ff) hedge fund or private equity invest- securities or stock; and ‘‘(C) the swap is being used to hedge ments in the securities of either privately or ‘‘(bb) purchasing for its own account in- against exposure to— publicly held companies; and vestment securities under such limitations ‘‘(i) changes in the value of an individual ‘‘(II) does not include a bank that, pursu- and restrictions as the Comptroller of the recognized asset or liability or an identified ant to its authorized trust and fiduciary ac- Currency, the Federal Deposit Insurance portion thereof that is attributable to a par- tivities— Corporation, and the Board of Governors of ticular risk; ‘‘(aa) purchases and sells investments for the Federal Reserve System may jointly pre- ‘‘(ii) changes in interest rates; or the account of its customers; or scribe, by regulation. ‘‘(iii) changes in the value of currency; or’’. ‘‘(bb) provides financial or investment ad- ‘‘(III) PROHIBITION ON AMOUNT OF INVEST- (f) PROHIBITED ACTIVITIES.—Section 4(a) of vice to its customers. MENT.—In no event shall the total amount of the Bank Holding Company Act of 1956 (12 ‘‘(iv) SWAPS ENTITY.—The term ‘swaps enti- the investment securities of any single obli- U.S.C. 1843(a)) is amended— ty’ means any swap dealer, security-based gor or maker, held by the association for its (1) in paragraph (1), by striking ‘‘, or’’ and swap dealer, major swap participant, or own account, exceed 10 percent of its capital inserting a semicolon; major security-based swap participant, that stock actually paid in and unimpaired and 10 (2) in paragraph (2), by striking the ‘‘re- is registered under— percent of its unimpaired surplus fund, ex- quirements of this Act.’’ and inserting ‘‘re- ‘‘(I) the Commodity Exchange Act (7 U.S.C. cept that such limitation shall not require quirements of this Act; or’’; and (3) by inserting before the undesignated 1 et seq.); or any association to dispose of any securities matter following paragraph (2) the following: ‘‘(II) the Securities Exchange Act of 1934 lawfully held by it on August 23, 1935. ‘‘(3) with the exception of the activities (15 U.S.C. 78a et seq.).’’. ‘‘(C) PROHIBITION AGAINST TRANSACTIONS IN- VOLVING STRUCTURED OR SYNTHETIC PROD- permitted under subsection (c), engage in the (b) LIMITATION ON BANKING ACTIVITIES.— UCTS.—A national banking association may business of a ‘securities entity’ or a ‘swaps Section 21 of the Banking Act of 1933 (12 not— entity’, as those terms are defined in section U.S.C. 378) is amended by adding at the end ‘‘(i) invest in a structured or synthetic 18(s)(6)(D) of the Federal Deposit Insurance the following: product, a financial instrument in which a Act (12 U.S.C. 1828(s)(6)(D)), including dealing ‘‘(c) BUSINESS OF RECEIVING DEPOSITS.—For return is calculated based on the value of, or or making markets in securities, repurchase purposes of this section, the term ‘business by reference to the performance of, a secu- agreements, exchange traded and over-the- of receiving deposits’ includes the establish- rity, commodity, swap, other asset, or an en- counter swaps, as defined by the Commodity ment and maintenance of any transaction tity, or any index or basket composed of se- Futures Trading Commission and the Securi- account (as defined in section 19(b)(1)(C) of curities, commodities, swaps, other assets, ties and Exchange Commission, or struc- the Federal Reserve Act (12 U.S.C. or entities, other than customarily deter- tured or synthetic products, as defined in the 461(b)(1)(C))).’’. mined interest rates; or paragraph designated as ‘Seventh’ of section (c) PERMITTED ACTIVITIES OF NATIONAL ‘‘(ii) otherwise engage in the business of re- 24 of the Revised Statutes (12 U.S.C. 24), or BANKS.—The paragraph designated as ‘‘Sev- ceiving deposits or extending credit for any other over-the-counter securities, swaps, enth’’ of section 24 of the Revised Statutes transactions involving structured or syn- contracts, or any other agreement that de- (12 U.S.C. 24) is amended to read as follows: thetic products.’’. rives its value from, or takes on the form of, ‘‘Seventh. (A) To exercise by its board of (d) PERMITTED ACTIVITIES OF FEDERAL SAV- such securities, derivatives, or contracts; directors or duly authorized officers or INGS ASSOCIATIONS.—Section 5(c)(1) of the ‘‘(4) engage in proprietary trading, as pro- agents, subject to law, all such powers as are Home Owners’ Loan Act (12 U.S.C. 1464(c)(1)) vided by section 13, or any rule or regulation necessary to carry on the business of bank- is amended— under that section; ing. (1) by striking subparagraph (Q); and ‘‘(5) own, sponsor, or invest in a hedge ‘‘(B) As used in this paragraph, the term (2) by redesignating subparagraphs (R) fund, or private equity fund, or any other ‘business of banking’ shall be limited to the through (U) as subparagraphs (Q) through fund, as provided by section 13, or any rule or following core banking services: (T), respectively. regulation under that section, or any other ‘‘(i) RECEIVING DEPOSITS.—A national bank- (e) CLOSELY RELATED ACTIVITIES.—Section fund that exhibits the characteristics of a ing association may engage in the business 4(c) of the Bank Holding Company Act of 1956 fund that takes on proprietary trading ac- of receiving deposits. (12 U.S.C. 1843(c)) is amended— tivities or positions; ‘‘(ii) EXTENSIONS OF CREDIT.—A national (1) in paragraph (8), by striking ‘‘had been ‘‘(6) hold ineligible securities or deriva- banking association may— determined’’ and all that follows through the tives; ‘‘(I) extend credit to individuals, busi- end and inserting the following: ‘‘are so ‘‘(7) engage in market-making; or nesses, not for profit organizations, and closely related to banking so as to be a prop- ‘‘(8) engage in prime brokerage activi- other entities; er incident thereto, as provided under this ties.’’. ‘‘(II) discount and negotiate promissory paragraph or any rule or regulation issued (g) ANTI-EVASION.— notes, drafts, bills of exchange, and other by the Board under this paragraph, provided (1) IN GENERAL.—Any attempt to structure evidences of debt; and that for purposes of this paragraph, closely any contract, investment, instrument, or ‘‘(III) loan money on personal security. related shall not be considered to include— product in such a manner that the purpose or ‘‘(iii) PAYMENT SYSTEMS.—A national bank- ‘‘(A) serving as an investment adviser (as effect of such contract, investment, instru- ing association may participate in payment defined in section 2(a) of the Investment ment, or product is to evade or attempt to systems, defined as instruments, banking Company Act of 1940 (15 U.S.C. 80a–2(a))) to evade the prohibitions described in section procedures, and interbank funds transfer sys- an investment company registered under 18(s)(6) of the Federal Deposit Insurance Act tems that ensure the circulation of money. that Act, including sponsoring, organizing, (12 U.S.C. 1828(s)(6)), section 21(c) of the ‘‘(iv) COIN AND BULLION.—A national bank- and managing a closed-end investment com- Banking Act of 1933 (12 U.S.C. 378(c)), the ing association may buy, sell, and exchange pany; paragraph designated as ‘‘Seventh’’ of sec- coin and bullion. ‘‘(B) agency transactional services for cus- tion 24 of the Revised Statutes (12 U.S.C. 24), ‘‘(v) INVESTMENTS IN SECURITIES.— tomer investments, except that this subpara- section 5(c)(1) of the Home Owners’ Loan Act ‘‘(I) IN GENERAL.—A national banking asso- graph may not be construed as prohibiting (12 U.S.C. 1464(c)(1)), or section 4(a) of the ciation may invest in investment securities, purchases and sales of investments for the Bank Holding Company Act of 1956 (12 U.S.C. defined as marketable obligations evidencing account of customers conducted by a bank 1843(a)), as added or amended by this section, indebtedness of any person, copartnership, (or subsidiary thereof) pursuant to the shall be considered a violation of the Federal association, or corporation in the form of bank’s trust and fiduciary powers; Deposit Insurance Act (12 U.S.C. 1811 et seq.), bonds, notes, or debentures (commonly ‘‘(C) investment transactions as principal, the Banking Act of 1933 (Public Law 73–66; 48 known as ‘investment securities’), obliga- except for activities specifically allowed by Stat. 162), section 24 of the Revised Statutes tions of the Federal Government, or any paragraph (14); and (12 U.S.C. 24), the Home Owners’ Loan Act (12 State or subdivision thereof, and includes ‘‘(D) management consulting and coun- U.S.C. 1461 et seq.), and the Bank Holding the definition of ‘investment securities’, as seling activities;’’; Company Act of 1956 (12 U.S.C. 1841 et seq.), may be jointly prescribed by regulation by— (2) in paragraph (13), by striking ‘‘or’’ at respectively. ‘‘(aa) the Comptroller of the Currency; the end; (2) TERMINATION.— ‘‘(bb) the Federal Deposit Insurance Cor- (3) by redesignating paragraph (14) as para- (A) IN GENERAL.—Notwithstanding any poration; and graph (15); and other provision of law, if a Federal agency

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has reasonable cause to believe that an in- (B) EARLY TERMINATION.—The Board of Revised Statutes is amended by striking the sured depository institution, securities enti- Governors of the Federal Reserve System (in item relating to section 5136A. ty, swaps entity, insurance company, bank this section referred to as the ‘‘Board’’), (c) REPEAL OF PROVISION RELATING TO FOR- holding company, or other entity over which after opportunity for hearing, at any time, EIGN BANKS FILING AS FINANCIAL HOLDING that Federal agency has regulatory author- may terminate an affiliation prohibited by COMPANIES.—Section 8(c) of the Inter- ity has made an investment or engaged in an subparagraph (A) before the end of the 5-year national Banking Act of 1978 (12 U.S.C. activity in a manner that functions as an period described in subparagraph (A) if the 3106(c)) is amended by striking paragraph (3). evasion of the prohibitions described in para- Board determines that such action— SEC. 606. REPEAL OF BANKRUPTCY PROVISIONS. graph (1) (including through an abuse of any (i) is necessary to prevent undue con- Title 11, United States Code, is amended by permitted activity) or otherwise violates centration of resources, decreased or unfair repealing sections 555, 559, 560, and 562. competition, conflicts of interest, or un- such prohibitions, the Federal agency shall— SEC. 607. TECHNICAL AND CONFORMING AMEND- (i) order, after due notice and opportunity sound banking practices; and MENTS. (ii) is in the public interest. for hearing, the entity to terminate the ac- (a) BANK HOLDING COMPANY ACT OF 1956.— (C) EXTENSION.—Subject to a determina- tivity and, as relevant, dispose of the invest- The Bank Holding Company Act of 1956 (12 tion under subparagraph (B), the Board may ment; U.S.C. 1841 et seq.) is amended— extend the 5-year period described in sub- (ii) order, after the procedures described in (1) in section 2 (12 U.S.C. 1841)— paragraph (A), as to any particular bank clause (i), the entity to pay a penalty equal (A) by striking subsection (p); and holding company, for not more than an addi- to 10 percent of the entity’s net profits, aver- (B) by redesignating subsection (q) as sub- tional 6 months at a time, if— aged over the previous 3 years, into the section (p); and Treasury of the United States; and (i) the Board certifies that such extension would promote the public interest and would (2) in section 5 (12 U.S.C. 1844)— (iii) initiate proceedings described in sec- (A) in subsection (a), by striking the last tion 8(e) of the Federal Deposit Insurance not pose a significant risk to the stability of the banking system or financial markets of sentence; Act (12 U.S.C. 1818(e)) for individuals in- (B) in subsection (c), by striking para- volved in evading the prohibitions described the United States; and (ii) such extension, in the aggregate, does graphs (3), (4), and (5); and in paragraph (1). (C) by striking subsection (g). (B) CONSTRUCTION.—Nothing in this para- not exceed 1 year for any single bank holding company. (b) BANK HOLDING COMPANY ACT AMEND- graph shall be construed to limit the inher- MENTS OF (D) REQUIREMENTS FOR ENTITIES RECEIVING 1970.—Section 106(a) of the Bank ent authority of any Federal agency or State Holding Company Act Amendments of 1970 regulatory authority to further restrict any AN EXTENSION.—Upon receipt of an extension under subparagraph (C), a bank holding com- (12 U.S.C. 1971(a)) is amended by striking the investments or activities under otherwise last sentence. applicable provisions of law. pany shall notify the shareholders of the bank holding company and the general pub- (c) CLAYTON ACT.—Section 7A(c) of the (3) REPORTING REQUIREMENT.— lic that the bank holding company has failed Clayton Act (15 U.S.C. 18a(c)) is amended— (A) IN GENERAL.—Not later than 1 year to comply with the requirements of subpara- (1) in paragraph (7), by striking ‘‘, except after the date of enactment of this Act, and that’’ and all that follows and inserting a every year thereafter, each Federal agency graph (A). (b) FINANCIAL SUBSIDIARIES OF NATIONAL semicolon; and having regulatory authority over any entity BANKS DISALLOWED.— (2) in paragraph (8), by striking ‘‘, except described in paragraph (2)(A) shall submit to (1) IN GENERAL.—Section 5136A of the Re- that’’ and all that follows and inserting a the Committee on Banking, Housing, and vised Statutes (12 U.S.C. 24a) is repealed. semicolon. Urban Affairs of the Senate and the Com- (2) TRANSITION.— (d) COMMODITY EXCHANGE ACT.—The Com- mittee on Financial Services of the House of (A) ORDERLY TERMINATION OF EXISTING AF- modity Exchange Act (7 U.S.C. 1 et seq.) is Representatives and make available to the FILIATION.—In the case of a national bank amended— public a report, which shall identify— which, pursuant to the amendment made by (1) in section 1a(21)(G) (7 U.S.C. 1a(21)(G)), (i) the number and character of any activi- paragraph (1), is no longer authorized to con- by striking ‘‘(as defined in section 2 of the ties that took place in the preceding year trol or be affiliated with a financial sub- Bank Holding Company Act of 1956)’’; that function as an evasion of the prohibi- sidiary as of the date of enactment of this (2) in section 2(c)(2)(B)(i)(II)(dd) (7 U.S.C. tions described in paragraph (1); Act, such affiliation, ownership or control, 2(c)(2)(B)(i)(II)(dd)), by striking ‘‘(as defined (ii) the names of the particular entities en- or activity shall be terminated as soon as is in section 2 of the Bank Holding Company gaged in those activities; and practicable, and in no event later than the Act of 1956)’’; and (iii) the actions of the Federal agency end of the 5-year period beginning on the (3) in section 2(h)(7)(C)(i)(VIII) (7 U.S.C. taken under paragraph (2). date of enactment of this Act. 2(h)(7)(C)(i)(VIII)), by striking ‘‘, as defined (h) ATTESTATION.—Section 4 of the Bank (B) EARLY TERMINATION.—The Comptroller in section 4(k) of the Bank Holding Company Holding Company Act of 1956 (12 U.S.C. 1843), of the Currency (in this section referred to as Act of 1956’’. as amended by section 604(a)(1) of this title, the ‘‘Comptroller’’), after opportunity for (e) COMMUNITY REINVESTMENT ACT OF is amended by adding at the end the fol- hearing, at any time, may terminate an af- 1977.—Section 804 of the Community Rein- lowing: filiation prohibited by subparagraph (A) be- vestment Act of 1977 (12 U.S.C. 2903) is ‘‘(k) ATTESTATION.—Executives of any fore the end of the 5-year period described in amended— bank holding company or its affiliate shall subparagraph (A) if the Comptroller deter- (1) by striking subsection (c); and attest in writing, under penalty of perjury, mines, having due regard for the purposes of (2) by redesignating subsection (d) as sub- that the bank holding company or affiliate is this title, that such action— section (c). not engaged in any activity that is prohib- (i) is necessary to prevent undue con- (f) DODD-FRANK WALL STREET REFORM AND ited under subsection (a), except to the ex- centration of resources, decreased or unfair CONSUMER PROTECTION ACT.—Section tent that such activity is permitted under competition, conflicts of interest, or un- 201(a)(11)(B) of the Dodd-Frank Wall Street subsection (c).’’. sound banking practices; and Reform and Consumer Protection Act (12 SEC. 605. REPEAL OF GRAMM-LEACH-BLILEY ACT (ii) is in the public interest. U.S.C. 5381(a)(11)(B)) is amended by striking PROVISIONS. (C) EXTENSION.—Subject to a determina- ‘‘for purposes of section 4(k) of the Bank (a) TERMINATION OF FINANCIAL HOLDING tion under subparagraph (B), the Comp- Holding Company Act of 1956 (12 U.S.C. COMPANY DESIGNATION.— troller may extend the 5-year period de- 1843(k))’’ each place that term appears. (1) IN GENERAL.—Section 4 of the Bank scribed in subparagraph (A) as to any par- (g) FEDERAL DEPOSIT INSURANCE ACT.—The Holding Company Act of 1956 (12 U.S.C. 1843) ticular national bank for not more than an Federal Deposit Insurance Act (12 U.S.C. 1811 is amended by striking subsections (k), (l), additional 6 months at a time, if— et seq.) is amended— (m), (n), and (o). (i) the Comptroller certifies that such ex- (1) in section 8(b)(3) (12 U.S.C. 1818(b)(3)), (2) TRANSITION.— tension would promote the public interest by striking ‘‘section 50’’ and inserting ‘‘sec- (A) ORDERLY TERMINATION OF EXISTING AF- and would not pose a significant risk to the tion 48’’; FILIATION.—In the case of a bank holding stability of the banking system or financial (2) in section 18(u)(1)(B) (12 U.S.C. company which, pursuant to the amend- markets of the United States; and 1828(u)(1)(B)), by striking ‘‘or section 45 of ments made by paragraph (1), is no longer (ii) such extension, in the aggregate, does this Act’’; authorized to control or be affiliated with not exceed 1 year for any single national (3) by striking sections 45 and 46 (12 U.S.C. any entity that was permissible for a finan- bank. 1831v and 1831w); and cial holding company on the day before the (D) REQUIREMENTS FOR ENTITIES RECEIVING (4) by redesignating sections 47 through 50 date of enactment of this Act, any affili- AN EXTENSION.—Upon receipt of an extension as sections 45 through 48, respectively. ation, ownership or control, or activity by under subparagraph (C), a national bank (h) FEDERAL RESERVE ACT.—The Federal the bank holding company that is not per- shall notify the shareholders of the national Reserve Act (12 U.S.C. 221 et seq.) is amend- mitted for a bank holding company shall be bank and the general public that the na- ed— terminated as soon as is practicable, and in tional bank has failed to comply with the re- (1) in the 20th undesignated paragraph of no event later than the end of the 5-year pe- quirements described in subparagraph (A). section 9 (12 U.S.C. 335), by striking the last riod beginning on the date of enactment of (3) CLERICAL AMENDMENT.—The table of sentence; and this Act. sections for chapter one of title LXII of the (2) in section 23A (12 U.S.C. 371c)—

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.028 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1394 CONGRESSIONAL RECORD — SENATE March 6, 2018 (A) in subsection (b)(11), by striking ‘‘sub- (B) in paragraph (47)(A)(v), by striking ‘‘, ‘‘(ii) is not required for a period of 1 or paragraph (H) or (I) of section 4(k)(4) of the measured in accordance with section 562 of more months in order to satisfy the terms of Bank Holding Company Act of 1956 or’’; this title’’; and the postsecondary education loan. (B) by striking subsection (e); and (C) in paragraph (53B)(A)(vi), by striking ‘‘, ‘‘(2) BILLING GROUP.—The term ‘billing (C) by redesignating subsection (f) as sub- measured in accordance with section 562’’; group’ means a postsecondary education loan section (e). (2) in section 103(a), by striking ‘‘555 account that— (i) FINANCIAL STABILITY ACT OF 2010.—The through 557, and 559 through 562’’ and insert- ‘‘(A) is serviced by a student loan servicer; Financial Stability Act of 2010 (12 U.S.C. 5301 ing ‘‘556, 557, and 561’’; and et seq.) is amended— (3) in section 362(b)— ‘‘(B) includes 2 or more postsecondary edu- (1) in section 113(c)(5) (12 U.S.C. 5323(c)(5)), (A) in paragraph (6), by striking ‘‘555 or’’ cation loans that are in repayment status. by striking ‘‘(as defined in section 4(k) of the each place that term appears; ‘‘(3) BUREAU.—The term ‘Bureau’ means Bank Holding Company Act of 1956)’’; (B) in paragraph (7), by striking ‘‘(as de- the Bureau of Consumer Financial Protec- (2) in section 163 (12 U.S.C. 5363)— fined in section 559)’’ each place that term tion. (A) by striking subsection (b); and appears; ‘‘(4) EFFECTIVE DATE OF TRANSFER.—The (B) in subsection (a), by striking ‘‘(a)’’ and (C) in paragraph (17), by striking ‘‘(as de- term ‘effective date of transfer’ means the all that follows through ‘‘For purposes’’ and fined in section 560)’’ each place that term date on which the first payment is due to a inserting ‘‘For purposes’’; appears; and transferee servicer from a borrower under a (3) in section 167(b) (12 U.S.C. 5367(b)), by (D) in paragraph (27), by striking ‘‘(as de- postsecondary education loan. striking ‘‘under section 4(k) of the Bank fined in section 555, 556, 559, or 560)’’ each ‘‘(5) FEDERAL DIRECT LOAN.—The term ‘Fed- Holding Company Act of 1956’’ each place place that term appears and inserting ‘‘(as eral Direct Loan’ means a loan made under that term appears; and defined in section 556)’’; part D of title IV of the Higher Education (4) in section 171(b) (12 U.S.C. 5371(b))— (4) in section 502(g)— Act of 1965 (20 U.S.C. 1087a et seq.). (A) by striking paragraph (3); and (A) by striking ‘‘(1)’’ before ‘‘A claim’’; and ‘‘(6) FEDERAL PERKINS LOAN.—The term (B) by redesignating paragraphs (4) (B) by striking paragraph (2); ‘Federal Perkins Loan’ means a loan made through (7) as paragraphs (3) through (6), re- (5) in section 553— under part E of title IV of the Higher Edu- spectively. (A) in subsection (a)— cation Act of 1965 (20 U.S.C. 1087aa et seq.). (j) GRAMM-LEACH-BLILEY ACT.—The (i) in paragraph (2)(B)(ii), by striking ‘‘555, ‘‘(7) INSTITUTION OF HIGHER EDUCATION.— Gramm-Leach-Bliley Act (Public Law 106– 556, 559, 560, or 561’’ and inserting ‘‘556 or The term ‘institution of higher education’ 102; 113 Stat. 1338) is amended— has the meaning given that term in section (1) by striking section 115 (12 U.S.C. 1820a); 561’’; and (ii) in paragraph (3)(C), by striking ‘‘555, 102 of the Higher Education Act of 1965 (20 (2) in section 307(f) (15 U.S.C. 6715(f)), by U.S.C. 1002). amending paragraph (2) to read as follows: 556, 559, 560, or 561’’ and inserting ‘‘556 or 561’’; and ‘‘(8) LATE FEE.—The term ‘late fee’ means ‘‘(2) BOARD.—The term ‘Board’ has the (B) in subsection (b)(1), by striking ‘‘555, a late fee, penalty, or adjustment to prin- meaning given the term in section 2 of the cipal, imposed because of a late payment or Bank Holding Company Act of 1956 (12 U.S.C. 556, 559, 560, 561’’ and inserting ‘‘556, 561’’; (6) in section 561(b)(1), by striking ‘‘555, 556, delinquency by the borrower under a postsec- 1841).’’; ondary education loan. 559, or 560’’ and inserting ‘‘556’’; (3) in section 505(c) (15 U.S.C. 6805(c))— ‘‘(9) LOAN HOLDER.—The term ‘loan holder’ (7) in section 741(7)(A)(xi), by striking ‘‘, (A) by striking ‘‘section 47(g)(2)(B)(iii) of means a person who owns the title to or measured in accordance with section 562’’; the Federal Deposit Insurance Act’’ and in- promissory note for a postsecondary edu- (8) in section 761(4)(J), by striking ‘‘, meas- serting ‘‘section 45(g)(2)(B)(iii) of the Federal cation loan (except for a Federal Direct Loan ured in accordance with section 562’’; and Deposit Insurance Act’’; and or a Federal Perkins Loan). (9) in section 901(a), by striking ‘‘555, 556, (B) by striking ‘‘section 47(a)’’ and insert- ‘‘(10) OPEN END CREDIT PLAN.—The term 557, 559, 560, 561, 562’’ and inserting ‘‘556, 557, ing ‘‘section 45(a)’’; and ‘open end credit plan’ has the meaning given 561’’. (4) in section 509(3)(A) (15 U.S.C. 6809(3)(A)), that term in section 103. by striking ‘‘as described in section 4(k) of SA 2070. Ms. WARREN submitted an ‘‘(11) POSTSECONDARY EDUCATION EX- the Bank Holding Company Act of 1956’’. PENSE.—The term ‘postsecondary education (k) HOME OWNERS’ LOAN ACT.—Section amendment intended to be proposed by expense’ means any expense that is included 10(c) of the Home Owners’ Loan Act (12 her to the bill S. 2155, to promote eco- as part of the cost of attendance (as that U.S.C. 1467a(c)) is amended— nomic growth, provide tailored regu- term is defined in section 472 of the Higher (1) in paragraph (2), by striking subpara- latory relief, and enhance consumer Education Act of 1965 (20 U.S.C. 1087ll)) of a graph (H); and protections, and for other purposes; student. (2) in paragraph (9)(A), by striking ‘‘per- ‘‘(12) POSTSECONDARY EDUCATION LENDER.— mitted’’ and all that follows and inserting which was ordered to lie on the table; as follows: The term ‘postsecondary education lender’— ‘‘permitted under paragraph (1)(C) or (2) of ‘‘(A) means — this subsection.’’. At the end of title III, add the following: ‘‘(i) a financial institution, as defined in (l) INTERNAL REVENUE CODE.—Section SEC. 308. IMPROVED CONSUMER PROTECTIONS section 3 of the Federal Deposit Insurance 864(f)(4)(C)(ii) of the Internal Revenue Code FOR STUDENT LOAN SERVICING. Act (12 U.S.C. 1813) that solicits, makes, or of 1986 is amended by striking ‘‘(within the (a) IN GENERAL.—The Truth in Lending Act extends postsecondary education loans; meaning of section 2(p) of the Bank Holding (15 U.S.C. 1601 et seq.) is amended by adding ‘‘(ii) a Federal credit union, as defined in Company Act of 1956 (12 U.S.C. 1841(p))’’. at the end the following new chapter: section 101 of the Federal Credit Union Act (m) PAYMENT, CLEARING, AND SETTLEMENT ‘‘CHAPTER 6—POSTSECONDARY (12 U.S.C. 1752) that solicits, makes, or ex- SUPERVISION ACT OF 2010.—Section 803(5)(A) EDUCATION LOANS of the Payment, Clearing, and Settlement tends postsecondary education loans; and Supervision Act of 2010 (12 U.S.C. 5462(5)(A)) ‘‘Sec. ‘‘(iii) any other person engaged in the busi- is amended— ‘‘188. Definitions. ness of soliciting, making, or extending post- ‘‘189. Servicing of postsecondary education (1) in clause (viii), by adding ‘‘and’’ at the secondary education loans; and loans. end; ‘‘(B) does not include— ‘‘190. Payments and fees. ‘‘(i) the Secretary of Education; or (2) in clause (ix), by striking ‘‘; and’’ and ‘‘191. Authority of Bureau. inserting a period; and ‘‘(ii) an institution of higher education ‘‘192. State laws unaffected; inconsistent with respect to any Federal Perkins Loan (3) by striking clause (x). Federal and State provisions. (n) SECURITIES EXCHANGE ACT OF 1934.—The made by the institution. Securities Exchange Act of 1934 (15 U.S.C. 78a ‘‘§ 188. Definitions ‘‘(13) POSTSECONDARY EDUCATION LOAN.— et seq.) is amended— ‘‘In this chapter: The term ‘postsecondary education loan’— (1) in section 3(a)(4)(B)(vi)(II) (15 U.S.C. ‘‘(1) ALTERNATIVE REPAYMENT ARRANGE- ‘‘(A) means a loan that is— 78c(a)(4)(B)(vi)(II)), by striking ‘‘other than’’ MENT.—The term ‘alternative repayment ar- ‘‘(i) made, insured, or guaranteed under and all that follows and inserting ‘‘other rangement’ means an agreed upon arrange- part B, D, or E of title IV of the Higher Edu- than a registered broker or dealer.’’; and ment between a loan holder (or, for a Federal cation Act of 1965 (20 U.S.C. 1071 et seq., 1087a (2) in section 3C(g)(3)(A) (15 U.S.C. 78c– Direct Loan or a Federal Perkins Loan, the et seq., 1087aa et seq.); or 3(g)(3)(A))— Secretary of Education or the institution of ‘‘(ii) issued or made by a postsecondary (A) in clause (vi), by adding ‘‘and’’ at the higher education that made such loan, re- education lender and is— end; spectively) or student loan servicer and a ‘‘(I) extended to a borrower with the expec- (B) in clause (vii), by striking the semi- borrower— tation that the amounts extended will be colon and inserting a period; and ‘‘(A) that is different than the terms under used in whole or in part to pay postsec- (C) by striking clause (viii). an existing postsecondary education loan; ondary education expenses; or (o) TITLE 11.—Title 11, United States Code, and ‘‘(II) extended for the purpose of refi- is amended— ‘‘(B) pursuant to which remittance of a nancing or consolidating 1 or more loans de- (1) in section 101— monthly payment— scribed in subclause (I) or clause (i); (A) in paragraph (25)(E), by striking ‘‘, ‘‘(i) satisfies the terms of the postsec- ‘‘(B) includes a private education loan; and measured in accordance with section 562’’; ondary education loan; or ‘‘(C) does not include a loan—

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.028 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1395 ‘‘(i) made under an open-end credit plan; or ‘‘(C) During a period in which no payment to the qualified written request of the bor- ‘‘(ii) that is secured by real property. is required on the postsecondary education rower, the student loan servicer shall— ‘‘(14) PRIVATE EDUCATION LOAN.—The term loan— ‘‘(i) make appropriate corrections in the ‘private education loan’ has the meaning ‘‘(i) maintaining account records for the account of the borrower, including the cred- given the term in section 140(a). postsecondary education loan; and iting of any late fees, and transmit to the ‘‘(15) QUALIFIED WRITTEN REQUEST.— ‘‘(ii) communicating with the borrower on borrower a written notification of such cor- ‘‘(A) IN GENERAL.—Subject to subparagraph behalf of the loan holder or, with respect to rection (which shall include the name and (B), the term ‘qualified written request’ a Federal Direct Loan or Federal Perkins toll-free or collect-call telephone number of means a written correspondence of a bor- Loan, the Secretary of Education or the in- a representative of the student loan servicer rower (other than notice on a payment me- stitution of higher education that made the who can provide assistance to the borrower); dium supplied by the student loan servicer) loan, respectively. ‘‘(ii) after conducting an investigation, transmitted by mail, facsimile, or electroni- ‘‘(D) Interacting with a borrower to facili- provide the borrower with a written expla- cally through an email address or website tate the activities described in subpara- nation or clarification that includes— designated by the student loan servicer to graphs (A), (B), and (C), including activities ‘‘(I) to the extent applicable, a statement receive communications from borrowers to help prevent default by the borrower of of the reasons for which the student loan that— the obligations arising from the postsec- servicer believes the account of the borrower ‘‘(i) includes, or otherwise enables the stu- ondary education loan. is correct as determined by the student loan dent loan servicer to identify, the name and ‘‘(18) TRANSFER OF SERVICING.—The term servicer; and account of the borrower; and ‘transfer of servicing’ means the assignment, ‘‘(II) the name and toll-free or collect-call ‘‘(ii) includes, to the extent applicable— sale, or transfer of any student loan serv- telephone number of an individual employed ‘‘(I) sufficient detail regarding the infor- icing of a postsecondary education loan from by, or the office or department of, the stu- mation sought by the borrower; or a transferor servicer to a transferee servicer. dent loan servicer who can provide assist- ‘‘(II) a statement of the reasons for the be- ‘‘(19) TRANSFEREE SERVICER.—The term ance to the borrower; or lief of the borrower that there is an error re- ‘transferee servicer’ means the person to ‘‘(iii) after conducting an investigation, garding the account of the borrower. whom any student loan servicing of a post- provide the borrower with a written expla- ‘‘(B) CORRESPONDENCE DELIVERED TO OTHER secondary education loan is assigned, sold, nation or clarification that includes— ADDRESSES.— or transferred. ‘‘(I) information requested by the borrower ‘‘(i) IN GENERAL.—A written correspond- ‘‘(20) TRANSFEROR SERVICER.—The term ence of a borrower is a qualified written re- or an explanation of why the information re- ‘transferor servicer’ means the person who quested is unavailable or cannot be obtained quest if the written correspondence— assigns, sells, or transfers any student loan ‘‘(I) meets the requirements under clauses by the student loan servicer; and servicing of a postsecondary education loan ‘‘(II) the name and toll-free or collect-call (i) and (ii) of subparagraph (A); and to another person. ‘‘(II) is transmitted to and received by a telephone number of an individual employed student loan servicer at a mailing address, ‘‘§ 189. Servicing of postsecondary education by, or the office or department of, the stu- facsimile number, email address, or website loans dent loan servicer who can provide assist- address other than the address or number ‘‘(a) STUDENT LOAN SERVICER REQUIRE- ance to the borrower. designated by that student loan servicer to MENTS.—A student loan servicer may not— ‘‘(C) LIMITED EXTENSION OF RESPONSE receive communications from borrowers. ‘‘(1) charge a fee for responding to a quali- TIME.— ‘‘(ii) DUTY TO TRANSFER.—A student loan fied written request under this chapter; ‘‘(i) IN GENERAL.—There may be 1 extension servicer shall, within a reasonable period of ‘‘(2) fail to take timely action to respond of the 30-day period described in subpara- time, transfer a written correspondence of a to a qualified written request from a bor- graph (B) of not more than 15 days if, before borrower received by the student loan rower to correct an error relating to an allo- the end of such 30-day period, the student servicer at a mailing address, facsimile num- cation of payment or the payoff amount of loan servicer notifies the borrower of the ex- ber, email address, or website address other the postsecondary education loan; tension and the reasons for the delay in re- than the address or number designated by ‘‘(3) fail to take reasonable steps to avail sponding. that student loan servicer to receive commu- the borrower of all possible alternative re- ‘‘(ii) REPORTS TO BUREAU.—Each student nications from borrowers to the correct ad- payment arrangements to avoid default; loan servicer shall, on an annual basis, re- dress or appropriate office or other unit of ‘‘(4) fail to perform the obligations re- port to the Bureau the aggregate number of the student loan servicer. quired under title IV of the Higher Edu- extensions sought by the student loan ‘‘(iii) DATE OF RECEIPT.—A written cor- cation Act of 1965 (20 U.S.C. 1070 et seq.); servicer under clause (i). respondence of a borrower transferred in ac- ‘‘(5) fail to respond within 10 business days ‘‘(2) PROTECTION OF CREDIT INFORMATION.— cordance with clause (ii) shall be deemed to to a request from a borrower to provide the During the 60-day period beginning on the be received by the student loan servicer on name, address, and other relevant contact date on which a student loan servicer re- the date on which the written correspond- information of the loan holder of the bor- ceives a qualified written request from a bor- ence is transferred to the correct address or rower’s postsecondary education loan or, for rower relating to a dispute regarding pay- appropriate office or other unit of the stu- a Federal Direct Loan or a Federal Perkins ments by the borrower, a student loan dent loan servicer. Loan, the Secretary of Education or the in- servicer may not provide negative credit in- ‘‘(16) STUDENT LOAN SERVICER.—The term stitution of higher education who made the formation to any consumer reporting agency ‘student loan servicer’— loan, respectively; (as defined in section 603 of the Truth in ‘‘(A) means a person who performs student ‘‘(6) fail to comply with any applicable re- Lending Act (15 U.S.C. 1681a)) relating to the loan servicing; quirement of the Servicemembers Civil Re- subject of the qualified written request or to ‘‘(B) includes a person performing student lief Act (50 U.S.C. App. 501 et seq.); such period, including any information relat- loan servicing for a postsecondary education ‘‘(7) fail to comply with any other obliga- ing to a late payment or payment owed by loan on behalf of an institution of higher tion that the Bureau, by regulation, has de- the borrower on the borrower’s postsec- education or the Secretary of Education termined to be appropriate to carry out the ondary education loan. under a contract or other agreement; consumer protection purposes of this chap- ‘‘(3) HIGH-TOUCH STUDENT LOAN SERVICING.— ‘‘(C) does not include the Secretary of Edu- ter; or A student loan servicer shall designate an of- cation to the extent the Secretary directly ‘‘(8) fail to perform other standard fice or other unit of the student loan servicer performs student loan servicing for a post- servicer’s duties. to act as a point of contact regarding post- secondary education loan; and ‘‘(b) BORROWER INQUIRIES.— secondary education loans for borrowers con- ‘‘(D) does not include an institution of ‘‘(1) DUTY OF STUDENT LOAN SERVICERS TO sidered to be at risk of default, including— higher education, to the extent that the in- RESPOND TO BORROWER INQUIRIES.— ‘‘(A) any borrower who requests informa- stitution directly performs student loan ‘‘(A) NOTICE OF RECEIPT OF REQUEST.—If a tion related to options to reduce or suspend servicing for a Federal Perkins Loan made borrower under a postsecondary education his or her monthly payment, or otherwise in- by the institution. loan submits a qualified written request to dicates that he or she is experiencing or is ‘‘(17) STUDENT LOAN SERVICING.—The term the student loan servicer for information re- about to experience financial hardship or ‘student loan servicing’ includes any of the lating to the student loan servicing of the distress; following activities: postsecondary education loan, the student ‘‘(B) any borrower who becomes 60 calendar ‘‘(A) Receiving any scheduled periodic pay- loan servicer shall provide a written re- days delinquent on any loan; ments from a borrower under a postsec- sponse acknowledging receipt of the quali- ‘‘(C) any borrower who has not completed ondary education loan (or notification of fied written request within 5 business days the program of study for which the borrower such payments). unless any action requested by the borrower received the loan; ‘‘(B) Applying payments described in sub- is taken within such period. ‘‘(D) any borrower who is enrolled in dis- paragraph (A) to an account of the borrower ‘‘(B) ACTION WITH RESPECT TO INQUIRY.—Not cretionary forbearance for more than 9 pursuant to the terms of the postsecondary later than 30 business days after the receipt months of the previous 12 months; education loan or of the contract governing from any borrower of any qualified written ‘‘(E) any borrower who has rehabilitated or the servicing of the postsecondary education request under subparagraph (A) and, if appli- consolidated one or more student loans out loan. cable, before taking any action with respect of default within the prior 12 months;

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.029 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1396 CONGRESSIONAL RECORD — SENATE March 6, 2018 ‘‘(F) a borrower under a private education informing or transmitting to a borrower or a creases due to such completion or failure); loan who is seeking to modify the terms of person authorized by the borrower the bal- and the repayment of the postsecondary edu- ance due to pay off the outstanding balance ‘‘(C) an increase in interest rate due to a cation loan because of hardship; and on a postsecondary education loan. provision included within the terms of a ‘‘(G) any borrower or segment of borrowers ‘‘(B) TRANSACTION FEE.—If a loan holder or postsecondary education loan that provides determined by the Director of the Bureau to student loan servicer provides the informa- for a lower interest rate based on the bor- be at risk of default. tion described in subparagraph (A) by fac- rower’s agreement to a prearranged plan ‘‘(c) LIAISON FOR MEMBERS OF THE ARMED simile transmission or courier service, the that authorizes recurring electronic funds FORCES AND VETERANS.— loan holder or student loan servicer may transfers if— ‘‘(1) DEFINITION.—In this subsection, the charge a processing fee to cover the cost of ‘‘(i) the borrower withdraws the borrower’s term ‘veteran’ has the meaning given that such transmission or service in an amount authorization of the prearranged recurring term in section 101 of title 38, United States that is not more than a comparable fee im- electronic funds transfer plan; and Code. posed for similar services provided in con- ‘‘(ii) after withdrawal of the borrower’s au- ‘‘(2) DESIGNATION.—A student loan servicer nection with consumer credit transactions. thorization and prior to increasing the inter- shall designate 1 or more employees to act as ‘‘(C) FEE DISCLOSURE.—A loan holder or est rate, the loan holder or student loan a liaison for members of the Armed Forces, student loan servicer shall disclose to the servicer has provided the borrower with clear veterans, and spouses and dependents of a borrower that payoff balances are available and conspicuous disclosure of the impending member of the Armed Forces or a veteran, for free pursuant to subparagraph (A) before change in borrower’s interest rate and a rea- who shall be— charging a transaction fee under subpara- sonable opportunity to reauthorize the pre- ‘‘(A) responsible for answering inquiries re- graph (B). arranged electronic funds transfers plan. lating to postsecondary education loans from ‘‘(D) MULTIPLE REQUESTS.—If a loan holder ‘‘(e) PROMPT AND FAIR CREDITING OF PAY- members of the Armed Forces, veterans, and or student loan servicer has provided the in- MENTS.— spouses and dependents of a member of the formation described in subparagraph (A) ‘‘(1) PROMPT CREDITING.—Payments re- Armed Forces or a veteran; and without charge, other than the transaction ceived from a borrower under a postsec- ‘‘(B) specially trained on the benefits fee permitted under subparagraph (B), on 4 ondary education loan by the student loan available to members of the Armed Forces or more occasions during a calendar year, servicer shall be posted promptly to the ac- and veterans under the Servicemembers the loan holder or student loan servicer may count of the borrower as specified in regula- Civil Relief Act (50 U.S.C. App. 501 et seq.) thereafter charge a reasonable fee for pro- tions of the Bureau. Such regulations shall and other Federal and State laws relating to viding such information during the remain- prevent a fee from being imposed on any bor- postsecondary education loans. der of the calendar year. rower if the student loan servicer has re- ceived the borrower’s payment in readily ‘‘(3) TOLL FREE NUMBER.—A student loan ‘‘(2) PROMPT DELIVERY.—A loan holder or a servicer shall establish and maintain a toll- student loan servicer that has received a re- identifiable form, by 5:00 p.m. on the date on which such payment is due, in the amount, free telephone number that— quest by a borrower or a person authorized manner, and location specified by the stu- ‘‘(A) may be used by a member of the by a borrower for the information described dent loan servicer. Armed Forces, veteran, or spouse or depend- in paragraph (1)(A) shall provide such infor- ‘‘(2) APPLICATION OF PAYMENTS.— ent of a member of the Armed Forces or a mation to the borrower or person authorized ‘‘(A) IN GENERAL.— veteran to connect directly to the liaison by the borrower not later than 5 business ‘‘(i) TREATMENTS OF PREPAYMENTS.—A stu- designated under paragraph (2); and days after receiving such request. ‘‘(d) INTEREST RATE AND TERM CHANGES dent loan servicer that services a billing ‘‘(B) shall be listed on the primary Internet FOR CERTAIN POSTSECONDARY EDUCATION group of a borrower shall, upon receipt of a website of the student loan servicer and on LOANS.— payment from the borrower, apply amounts monthly billing statements. ‘‘(1) NOTIFICATION REQUIREMENTS.— in excess of the monthly payment amount ‘‘§ 190. Payments and fees ‘‘(A) IN GENERAL.—Except as provided in first to the principal of the postsecondary ‘‘(a) PROHIBITION ON RECOMMENDING DE- paragraph (3), a student loan servicer shall education loan bearing the highest interest FAULT.—A loan holder or student loan provide written notice to a borrower of any rate, and then to each successive principal servicer may not recommend or encourage material change in the terms of the postsec- balance bearing the next highest interest default or delinquency on an existing post- ondary education loan, including an increase rate until the payment is exhausted, unless secondary education loan prior to and in in the interest rate, not later than 45 days otherwise specified in writing by the bor- connection with the process of qualifying for before the effective date of the change or in- rower. or enrolling in an alternative repayment ar- crease. ‘‘(ii) TREATMENT OF UNDERPAYMENTS.— rangement, including the origination of a ‘‘(B) MATERIAL CHANGES IN TERMS.—The ‘‘(I) REGULATIONS REQUIRED.—Not later new postsecondary education loan that refi- Bureau shall, by regulation, establish guide- than 1 year after the date of enactment of nances all or any portion of such existing lines for determining which changes in terms the Economic Growth, Regulatory Relief, loan or debt. are material under subparagraph (A). and Consumer Protection Act, the Bureau ‘‘(b) LATE FEES.— ‘‘(2) LIMITS ON INTEREST RATE AND FEE IN- shall issue regulations establishing the man- ‘‘(1) IN GENERAL.—A late fee may not be CREASES APPLICABLE TO OUTSTANDING BAL- ner in which a student loan servicer shall charged to a borrower under a postsecondary ANCE.—Except as provided in paragraph (3), a apply amounts less than the total payment education loan under any of the following loan holder or student loan servicer may not due during the billing cycle. circumstances, either individually or in com- increase the interest rate or other fee appli- ‘‘(II) CONSIDERATIONS.—In issuing the regu- bination: cable to an outstanding balance on a postsec- lations required under subclause (I), the Bu- ‘‘(A) On a per-loan basis when a borrower ondary education loan. reau shall consider— has multiple postsecondary education loans ‘‘(3) EXCEPTIONS.—The requirements under ‘‘(aa) the impact of the regulations on— in a billing group. paragraphs (1) and (2) shall not apply to— ‘‘(AA) outstanding debt of borrowers and ‘‘(B) In an amount greater than 4 percent ‘‘(A) an increase in any applicable variable the imposition of late fees; of the amount of the payment past due. interest rate incorporated in the terms of a ‘‘(BB) credit ratings of borrowers; and ‘‘(C) Before the end of the 15-day period be- postsecondary education loan that provides ‘‘(CC) continued availability of alternative ginning on the date the payment is due. for changes in the interest rate according to repayment arrangements; and ‘‘(D) More than once with respect to a sin- operation of an index that is not under the ‘‘(bb) any other factors the Bureau deter- gle late payment. control of the loan holder or student loan mines are appropriate. ‘‘(E) The borrower fails to make a singular, servicer and is published for viewing by the ‘‘(B) CHANGES BY STUDENT LOAN SERVICER.— non successive regularly-scheduled payment general public; If a student loan servicer makes a material on the postsecondary education loan. ‘‘(B) an increase in interest rate due to the change in the mailing address, office, or pro- ‘‘(2) COORDINATION WITH SUBSEQUENT LATE completion of a workout or temporary hard- cedures for handling borrower payments, and FEES.—No late fee may be charged to a bor- ship arrangement by the borrower or the such change causes a material delay in the rower under a postsecondary education loan failure of the borrower to comply with the crediting of a payment made during the 60- relating to an insufficient payment if the terms of a workout or temporary hardship day period following the date on which such payment is made on or before the due date of arrangement if— change took effect, the student loan servicer the payment, or within any applicable grace ‘‘(i) the interest rate applicable to a cat- may not impose any late fee for a late pay- period for the payment, if the insufficiency egory of transactions following any such in- ment on the postsecondary education loan to is attributable only to a late fee relating to crease does not exceed the rate or fee that which such payment was credited. an earlier payment, and the payment is oth- applied to that category of transactions ‘‘(f) ADDITIONAL REQUIREMENTS FOR PRE- erwise a full payment for the applicable pe- prior to commencement of the arrangement; PAYMENTS.— riod. and ‘‘(1) ADVANCEMENT OF DATE DUE.—A student ‘‘(c) PAYOFF STATEMENT.— ‘‘(ii) the loan holder or student loan loan servicer may advance the date due of ‘‘(1) FEES.— servicer has provided the borrower, prior to the next regularly scheduled installment ‘‘(A) IN GENERAL.—Except as provided in the commencement of such arrangement, payment of a postsecondary education loan subparagraph (B) or (D), a loan holder or stu- with clear and conspicuous disclosure of the upon remittance of a prepayment by the bor- dent loan servicer may not charge a fee for terms of the arrangement (including any in- rower, if—

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.029 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1397 ‘‘(A) the borrower’s payment is sufficient Consumer Protection Act (12 U.S.C. 5535); tions, make such interpretations, and grant to satisfy at least 1 additional installment and such reasonable exemptions, in accordance payment; ‘‘(L) any other information determined by with, and as may be necessary to achieve the ‘‘(B) the number of billing cycles for which the Bureau, which may include information purposes of, this chapter. the date due is advanced is equal to total in the Bureau’s Student Loan Payback Play- ‘‘(b) DISCLOSURE REQUIREMENTS.— number of installment payments satisfied by book. ‘‘(1) IN GENERAL.—The Bureau shall issue the prepayment; and ‘‘(2) PAYMENT DEADLINES AND PENALTIES.— regulations requiring disclosures to bor- ‘‘(C) upon receipt by the student loan ‘‘(A) DISCLOSURE OF PAYMENT DEADLINES.— rowers that clearly and conspicuously in- servicer, the prepayment is applied— In the case of a postsecondary education form borrowers of the protections afforded to ‘‘(i) to the principal balance of the postsec- loan account under which a late fee or them under this chapter and under other ondary education loan; or charge may be imposed due to the failure of provisions relating to postsecondary edu- ‘‘(ii) if the student loan servicer services a the borrower to make payment on or before cation loans. The Bureau shall consider billing group of a borrower, to the principal the due date for such payment, the billing whether special disclosures are required to balance of the postsecondary education loan statement required under paragraph (1) with accommodate the unique needs of borrowers with the highest interest rate in such billing respect to the account shall include, in a who are members of the Armed Forces or group. conspicuous location on the billing state- veterans. ‘‘(2) BORROWER RIGHTS.—A student loan ment, the date on which the payment is due ‘‘(2) REGULATIONS REQUIRED.—The regula- servicer shall provide a clear, understand- or, if different, the date on which a late fee tions issued under paragraph (1) shall— able and transparent means, including will be charged, together with the amount of ‘‘(A) ensure that a borrower is made aware through submission of an online form, for the late fee to be imposed if payment is of— the borrower to elect to— made after that date. ‘‘(i) all repayment options available to the ‘‘(A) instruct the servicer not to advance ‘‘(B) PAYMENTS AT LOCAL BRANCHES.—If the borrower, including the availability of refi- the date due of future installment payments loan holder, in the case of a postsecondary nancing products, and the effect of each re- as described in paragraph (1); and education loan account referred to in sub- payment option on the total amount owed ‘‘(B) voluntarily make payments in excess paragraph (A), is a financial institution that under, total cost of, and time to repay the of the borrower’s regularly scheduled install- maintains a branch or office at which pay- postsecondary education loan; ment payment amount on a periodic basis ments on any such account are accepted ‘‘(ii) the risks and costs associated with de- via recurring electronic funds transfers or from the borrower in person, the date on fault; and other automatic payment arrangement. which the borrower makes a payment on the ‘‘(iii) the eligibility of certain borrowers ‘‘(g) TIMING OF PAYMENTS.—A student loan account at such branch or office shall be con- for discharge of certain postsecondary edu- servicer may not treat a payment on a post- sidered to be the date on which the payment cation loans; and secondary education loan as late for any pur- is made for purposes of determining whether ‘‘(B) require provision of information about pose unless the student loan servicer has a late fee may be imposed due to the failure how a borrower can file a complaint with the adopted reasonable procedures designed to of the borrower to make payment on or be- Bureau relating to an alleged violation of ensure that each billing statement required fore the due date for such payment. this chapter. under subsection (j)(1) is mailed or delivered ‘‘(i) CORRECTIONS AND UNINTENTIONAL VIO- ‘‘(3) TIMING OF DISCLOSURES.—The regula- to the consumer not later than 21 days before LATIONS.—A loan holder or student loan tions issued under paragraph (1) shall specify the payment due date. servicer who, when acting in good faith, fails the timing of the disclosures described in ‘‘(h) OTHER REQUIREMENTS FOR POSTSEC- to comply with any requirement under this ONDARY EDUCATION LOANS.— section will to be deemed to have not vio- paragraph (2)(A). Such timing may include— ‘‘(1) STATEMENT REQUIRED WITH EACH BILL- lated such requirement if the loan holder or ‘‘(A) before the first payment is due under ING CYCLE.—A student loan servicer for each student loan servicer establishes that — the postsecondary education loan; or borrower’s account that is being serviced by ‘‘(1) not later than 30 days after the date of ‘‘(B) when the borrower— that student loan servicer and that includes execution of the postsecondary education ‘‘(i) first exhibits difficulty in making pay- a postsecondary education loan shall trans- loan and prior to the institution of any ac- ments under the postsecondary education mit to the borrower, for each billing cycle at tion under subtitle E of title X of the Dodd- loan; the end of which there is an outstanding bal- Frank Wall Street Reform and Consumer ‘‘(ii) is 30 days delinquent under the post- ance in that account, a statement that in- Protection Act (12 U.S.C. 5561 et seq.)— secondary education loan; cludes— ‘‘(A) the borrower is notified of or dis- ‘‘(iii) is 60 days delinquent under the post- ‘‘(A) the outstanding balance in the ac- covers the compliance failure; secondary education loan; count at the beginning of the billing cycle; ‘‘(B) appropriate restitution to the bor- ‘‘(iv) notifies the student loan servicer of ‘‘(B) the total amount credited to the ac- rower is made; and the intent of the borrower to forbear or defer count during the billing cycle; ‘‘(C) necessary adjustments are made to payment under the postsecondary education ‘‘(C) the amount of any fee added to the ac- the postsecondary education loan that are loan; count during the billing cycle, itemized to necessary to bring the postsecondary edu- ‘‘(v) inquires about or requests the refi- show the amounts, if any, due to the applica- cation loan into compliance with the re- nancing or consolidation of the postsec- tion of an increased interest rate, and the quirements of this section; or ondary education loan; or amount, if any, imposed as a minimum or ‘‘(2) not later than 60 days after the loan ‘‘(vi) informs the student loan servicer, or fixed charge; holder or student loan servicer discovers or a postsecondary education lender acting on ‘‘(D) the balance on which the fee described is notified of an unintentional violation or behalf of the borrower informs the student in subparagraph (C) was computed and a bona fide error and prior to the institution of loan servicer, that the borrower will be refi- statement of how the balance was deter- any action under subtitle E of title X of the nancing or consolidating the loan. mined; Dodd-Frank Wall Street Reform and Con- ‘‘(c) UNFAIR, DECEPTIVE, AND ABUSIVE ACTS ‘‘(E) whether the balance described in sub- sumer Protection Act (12 U.S.C. 5561 et OR LENDING PRACTICES.—The Bureau, by reg- paragraph (D) was determined without first seq.)— ulation or order, shall prohibit acts or prac- deducting all payments and other credits ‘‘(A) the borrower is notified of the compli- tices in connection with— during the billing cycle, and the amount of ance failure; ‘‘(1) a postsecondary education loan that any such payments and credits; ‘‘(B) appropriate restitution to the bor- the Bureau finds to be unfair, deceptive, or ‘‘(F) the outstanding balance in the ac- rower is made; and designed to evade the provisions of this chap- count at the end of the billing cycle; ‘‘(C) necessary adjustments are made to ter; or ‘‘(G) the date by which, or the period with- the postsecondary education loan that are ‘‘(2) the refinancing of a postsecondary in which, payment must be made to avoid necessary to bring the postsecondary edu- education loan, including facilitation of refi- late fees, if any; cation loan into compliance with the re- nancing or enrollment in an alternative re- ‘‘(H) the address of the student loan quirements of this section. payment arrangement, that the Bureau finds servicer to which the borrower may direct ‘‘(j) RULE OF CONSTRUCTION FOR FEDERAL to be associated with abusive lending prac- billing inquiries; POSTSECONDARY EDUCATION LOANS.—Nothing tices, or that are otherwise not in the inter- ‘‘(I) the amount of any payments or other in this section shall be construed to est of the borrower. credits during the billing cycle that was ap- supercede any reporting or disclosure re- ‘‘(d) CONSULTATION WITH SECRETARY OF plied to pay down principal, and the amount quirement required for a postsecondary edu- EDUCATION.—In order to avoid duplication, to applied to interest; cation loan that is made, issued, or guaran- the extent practicable, the Bureau, in con- ‘‘(J) in the case of a billing group, the allo- teed under part B, D, or E of title IV of the sultation with the Secretary of Education, cation of any payments or other credits dur- Higher Education Act of 1965 (20 U.S.C. 1070 may consider obligations of student loan ing the billing cycle to each of the postsec- et seq.), if such reporting requirement does servicers under title IV of the Higher Edu- ondary education loans in the billing group; not directly conflict with the requirements cation Act of 1965 (20 U.S.C. 1070 et seq.). ‘‘(K) information on how to file a com- of this section. ‘‘§ 192. State laws unaffected; inconsistent plaint with the Bureau and with the ombuds- ‘‘§ 191. Authority of Bureau Federal and State provisions man designated pursuant to section 1035 of ‘‘(a) AUTHORIZATION.—The Bureau is au- ‘‘Nothing in this chapter shall annul, alter, the Dodd-Frank Wall Street Reform and thorized to prescribe such rules and regula- or affect, or exempt any person subject to

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A06MR6.029 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1398 CONGRESSIONAL RECORD — SENATE March 6, 2018 the provisions of this chapter from com- education lender, loan holder, or student The PRESIDING OFFICER. Without plying with the laws of any State with re- loan servicer’’; and objection, it is so ordered. spect to student loan servicing practices, (B) by striking ‘‘creditor’s or assignee’s li- Mr. SANDERS. Mr. President, I ask fees on postsecondary education loans, or ability’’ and inserting ‘‘liability of the cred- unanimous consent that Ari Rabin- other requirements relating to postsec- itor, assignee, postsecondary education lend- ondary education loans, except to the extent er, loan holder, or student loan servicer’’. Havt be granted floor privileges for the remainder of this Congress. that those laws are inconsistent with any f provision of this chapter, and then only to The PRESIDING OFFICER. Without the extent of the inconsistency. The Bureau NOTICE OF INTENT TO OBJECT TO objection, it is so ordered. is authorized to determine whether such in- PROCEEDING Mr. WHITEHOUSE. Mr. President, I consistencies exist. The Bureau may not de- I, Senator TAMMY DUCKWORTH, intend ask unanimous consent that Senator termine that any State law is inconsistent to object to proceeding to the nomina- BLUMENTHAL’s legislative fellow Mary with any provision of this chapter if the Bu- Miller Flowers be granted floor privi- reau determines that such law gives greater tion of Howard C. Nielson, Jr., of Utah, protection to the consumer. In making these to be United States District Judge for leges until the end of June 2018. determinations the Bureau shall consult the District of Utah, dated March 6, The PRESIDING OFFICER. Without with the appropriate Federal agencies.’’. 2018. objection, it is so ordered. (b) EXEMPTED TRANSACTIONS.—Section 104 f f of the Truth in Lending Act (15 U.S.C. 1603) is amended— AUTHORITY FOR COMMITTEES TO ORDERS FOR WEDNESDAY, MARCH (1) in the matter preceding paragraph (1), MEET 7, 2018 by striking ‘‘This title’’ and inserting ‘‘(A) IN Mr. THUNE. Mr. President, I have 6 Mr. MCCONNELL. Mr. President, I GENERAL.—This title’’; and requests for committees to meet during (2) by adding at the end the following: ask unanimous consent that when the today’s session of the Senate. They ‘‘(b) RULE OF CONSTRUCTION.—Nothing in Senate completes its business today, it subsection (a) shall prevent or be construed have the approval of the Majority and adjourn until 9:30 a.m., Wednesday, to prevent the provisions of chapter 6 from Minority leaders. March 7; further, that following the applying to any postsecondary education Pursuant to rule XXVI, paragraph prayer and pledge, the morning hour be lender, loan holder, or student loan servicer 5(a), of the Standing Rules of the Sen- deemed expired, the Journal of pro- (as those terms are defined in section 188).’’. ate, the following committees are au- ceedings be approved to date, the time (c) CIVIL LIABILITY.—Section 130 of the thorized to meet during today’s session for the two leaders be reserved for their Truth in Lending Act (15 U.S.C. 1640) is of the Senate: amended— use later in the day, and morning busi- COMMITTEE ON ARMED SERVICES (1) in subsection (a)— ness be closed. Finally, I ask that fol- (A) in the matter preceding paragraph (1), The Committee on Armed Services is lowing leader remarks, the Senate re- by inserting ‘‘and any postsecondary edu- authorized to meet during the session sume consideration of the motion to cation lender, loan holder, or student loan of the Senate on Tuesday, March 6, proceed to S. 2155. servicer (as such terms are defined in section 2018, at 9:30 a.m., to conduct a hearing. The PRESIDING OFFICER. Without 188) who fails to comply with any require- COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. ment imposed under chapter 6 with respect RESOURCES f to any person’’ before ‘‘is liable to such per- The Committee on Energy and Nat- son’’; ORDER FOR ADJOURNMENT (B) in paragraph (2)— ural Resources is authorized to meet (i) in subparagraph (A)— during the session of the Senate on Mr. MCCONNELL. Mr. President, if (I) by striking ‘‘; or (iv)’’ and inserting ‘‘, Tuesday, March 6, 2018, at 10 a.m., to there is no further business to come be- or (iv)’’; and conduct a hearing on the nomination of fore the Senate, I ask unanimous con- (II) by inserting ‘‘, or (v) in the case of a James Reilly, of Colorado, to be Direc- sent that it stand adjourned under the postsecondary education lender, loan holder, tor of the United States Geological previous order, following the remarks or student loan servicer (as such terms are Survey, Department of the Interior. defined in section 188) who fails to comply of Senator PORTMAN and our Demo- with any requirement imposed under chapter COMMITTEE ON FINANCE cratic colleagues. 6, not less than $400 or greater than $4,000’’ The Committee on Finance is author- The PRESIDING OFFICER. Without before the semicolon; and ized to meet during the session of the objection, it is so ordered. (ii) in subparagraph (B), by inserting ‘‘, Senate on Tuesday, March 6, 2018, at 10 The Senator from Florida. postsecondary education lender, loan holder, a.m., to conduct a hearing entitled f or student loan servicer’’ after ‘‘creditor’’ ‘‘Protecting E-Commerce Consumers each place it appears; and and from Counterfeits.’’ RUSSIAN ELECTION (C) in the matter following paragraph (4)— INTERFERENCE (i) in the first sentence— COMMITTEE ON VETERANS’ AFFAIRS (I) by inserting ‘‘, postsecondary education The Committee on Veterans’ Affairs Mr. NELSON. Mr. President, I join lender, loan holder, or student loan servicer’’ is authorized to meet during the ses- our colleagues who have spoken about after ‘‘creditor’’ each place it appears; and sion of the Senate on Tuesday, March the concern of the Russian cyber at- (II) by striking ‘‘creditor’s failure’’ and in- 6, 2018, at 2 p.m., to conduct a joint tacks on this country. serting ‘‘failure by the creditor, postsec- hearing. Every day that passes, we gather new ondary education lender, loan holder, or stu- SELECT COMMITTEE ON INTELLIGENCE dent loan servicer’’; information about how Russia, at (ii) in the fourth sentence, by inserting The Select Committee on Intel- Vladimir Putin’s direction, has gone ‘‘other than the disclosures required under ligence is authorized to meet during about interfering by committing cyber section 128(e)(12),’’ after ‘‘referred to in sec- the session of the Senate on Tuesday, attacks on this country, not only in its tion 128,’’; and March 6, 2018, at 2:30 p.m., to conduct a stealing names and personal informa- (iii) in the fifth sentence, by inserting ‘‘, closed briefing. tion but now in its interfering in our postsecondary education lender, loan holder, SUBCOMMITTEE ON SEAPOWER elections. or student loan servicer’’ after ‘‘creditor’’; In a long indictment, Special Counsel (2) in subsection (c), by striking ‘‘creditor The Subcommittee on Seapower of or assignee’’ each place it appears and insert- the Committee Armed Services is au- Robert Mueller spelled out how the so- ing ‘‘creditor, assignee, postsecondary edu- thorized to meet during the session of called Internet Research Agency—a cation lender, loan holder, or student loan the Senate on Tuesday, March 6, 2018 at front in Russia—created fake accounts servicer’’; 10 a.m. to conduct a hearing. on social media and other internet (3) in subsection (e)— f platforms. It spread divisive content, (A) in the second sentence, by inserting and it even organized political rallies ‘‘or chapter 6’’ after ‘‘section 129, 129B, or PRIVILEGES OF THE FLOOR in the United States with the help of 129C’’; and Mr. BROWN. Mr. President, I ask unwitting Americans—all backed by (B) in the fourth sentence, by inserting ‘‘or chapter 6’’ after ‘‘or 129H’’; and unanimous consent that Reilly Steel, a one of Putin’s cronies through a so- (4) in subsection (h)— fellow with the Banking Committee, be called catering company. This indict- (A) by striking ‘‘creditor or assignee’’ and granted floor privileges during the ment tells a pretty remarkable and inserting ‘‘creditor, assignee, postsecondary pendency of S. 2155. alarming story, and if you are still not

VerDate Sep 11 2014 07:16 Jun 10, 2018 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\RECORD18\MARCH\S06MR8.REC S06MR8 bjneal on DSKBBX8HB2PROD with CONG-REC-ONLINE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1399 sure what this was all about, just read ting better and better, but they are fend against the cyber attacks to undo the Internet Research Agency’s own only good if they are put to work and and undermine our democratic institu- words: ‘‘information warfare against given the task of defending us. tions by attacking our elections. the United States of America.’’ That So, Mr. President, I ask unanimous I yield the floor. says it all. consent that this letter that several of The PRESIDING OFFICER (Mr. I know there has been a lot of discus- us sent to the Secretary of Defense be TILLIS). The Senator from Ohio. sion about Russian interference in our printed in the RECORD. f elections, and there should be. We have There being no objection, the mate- ECONOMIC GROWTH, REGULATORY to get to the bottom of this. It is com- rial was ordered to be printed in the RELIEF, AND CONSUMER PRO- ing fast and furious, and it is going to RECORD, as follows: TECTION BILL be happening in the elections this year. U.S. SENATE, We know what Russia did in the last Washington, DC, February 6, 2018. Mr. PORTMAN. Mr. President, I rise election. Just as the CIA Director and Hon. JAMES N. MATTIS, tonight to talk about the bipartisan the Director of National Intelligence Secretary of Defense, legislation that is before the body. It is told us, we know, in their words, that Washington, DC. an opportunity that provides signifi- Russia will do it again. The more we DEAR SECRETARY MATTIS: The Government cant needed regulatory relief, pri- of Russia, at President Vladimir Putin’s di- marily to smaller financial institu- learn, though, the more it becomes rection, conducted an extensive campaign to clear that we are not doing enough to tions like community banks and credit influence our elections in 2016. The Russian unions. protect ourselves from further attacks. campaign—a mix of covert intelligence oper- The Economic Growth, Regulatory This is not a partisan issue; it is an ations, disinformation, and propaganda Relief, and Consumer Protection Act attack on the very foundation of our spread through traditional and social will modernize the Federal Dodd-Frank democracy. At a time when it is get- media—represents a serious and unprece- regulations to ensure that small- and ting harder and harder to come to- dented attack on American democracy. medium-sized banks, as well as credit gether as a country—when polarization While the Obama Administration imposed targeted sanctions on Russia in response to unions, can lower their compliance is so rampant, when excessive partisan- the attack, just last week, the Trump Ad- costs, which will mean more loans to ship is so evident—what Russia is ministration elected not to impose further small businesses and better deals for doing is particularly sinister. It is try- sanctions. Yet, Russia’s influence activities their customers. ing to exacerbate our divisions and un- continue in the United States and elsewhere, For years, Dodd-Frank has hurt these dermine Americans’ faith in their in- according to the Director of the Central In- smaller community banks and credit stitutions. telligence Agency. As the 2018 midterm elec- tions are now only months away, there is no unions that have been caught up in this Months away from an election, the broader effort to rein in a select few question is, What are we going to do time to lose in countering Russian influence through multiple means. larger financial institutions—primarily about it? We are just days away from Because Russian influence is conducted financial institutions on Wall Street. an election in Texas and about 8 largely through cyberspace, National Mis- In effect, these smaller banks were months away from the November gen- sion Teams (NMTs), part of the U.S. Cyber caught in the web. eral election. What are we going to do? Command’s Cyber Mission Force, should be Last week, I met with some of Ohio’s One thing we ought to do is to start de- ordered to prepare to engage Russian cyber community banks. I meet with them fending ourselves. operators and disrupt their activities as they regularly, and they tell me these sto- Last month, Senator SHAHEEN, Sen- conduct clandestine influence operations against our forthcoming elections. The mis- ries. Their view, of course, is these ator BLUMENTHAL, and I wrote to the Dodd-Frank rules targeted at the big Secretary of Defense and urged him to sion of these forces is to defend the Nation, including critical infrastructure like our banks are actually hurting the little use our cyber forces—U.S. Cyber Com- election systems, from foreign attack and we guys. Over the past several years, they mand, which is the one instructed with urge the Department of Defense to consider have told me story after story about protecting us—to disrupt Russian employing them as soon as possible. how their compliance costs have in- cyber operations that target our elec- Additionally, we urge you to implement creased. A small bank will say they tions. We urged the Secretary of De- the recommendations of the Department’s used to have one person doing compli- fense to implement the recommenda- own Defense Science Board’s Task Force on ance, but now they have three people Cyber Deterrence. The Task Force’s report tions of the Department’s own task doing compliance, and those costs get force to deter these cyber operations. outlined a strategy to deter further Russian attacks on our democracy by threatening passed along to their consumers. They Those were the recommendations of those things that our adversaries hold most also say, with the redtape and regula- the Department of Defense’s own task dear through tailored campaigns of both tions and rules they live under, it force. cyber and information operations. To my makes it harder for them to lend to Just a few days ago, four-star Admi- knowledge, the Department has yet to imple- small businesses, which is one of the ral Rogers, commander of Cyber Com- ment these critical recommendations. problems we have today in our econ- mand, told our Armed Services Com- Defending our democracy must rank omy. As the economy is beginning to mittee that he had still not been di- among the most important responsibilities grow, we need to ensure that startups rected to counter these cyber oper- of our government, including our military cyber forces. We are grateful for your contin- and people who are interested in taking ations and that he needed approval ued service to the country and appreciate a risk and may not have a lot of busi- from the White House. The White your prompt attention to this most pressing ness experience are able to get that House, unbelievably, hasn’t authorized threat. loan to get started. him to act. Sincerely, What has happened is, there has been Until the Trump administration BILL NELSON. a consolidation of these community starts cracking down on Russia, Vladi- RICHARD BLUMENTHAL. banks because of these costs. In fact, mir Putin is going to continue to get JEANNE SHAHEEN. they say one community bank is be- away with his cyber attacks on our Mr. NELSON. Mr. President, I want coming insolvent every day in this elections and all of his other cyber at- to take this opportunity to say that all country because of these big compli- tacks on our country. Admiral Rogers of us have to get to work—the White ance costs, but others are consoli- also told the committee that Russia House, our cyber forces, and the whole dating into larger banks. That may be has not paid a sufficient enough price of government. When it comes to de- fine in some cases, but I like these for what it has done to us to get it to fending our democracy, many of us community banks. change its behavior. have taken up arms, many of us have I like the fact that these community This is the kind of thing—defending worn the uniform of this country to de- banks are close to the people in the the Nation—for which our cyber forces fend it, many of us, in civilian perform- neighborhood, and they know the busi- were created. This Senator is the rank- ance of the duties of this government, nesses that are coming to them for ing member of the Cybersecurity Sub- have likewise performed duties to de- loans. Again, it is easier for small busi- committee of the Armed Services Com- fend this Nation. We now have to de- nesses to get loans when you actually mittee. I can tell you that our cyber fend this Nation against cyber attacks, have a banking relationship. They also forces are growing, and they are get- and more immediately we have to de- are very involved in our communities.

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.057 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1400 CONGRESSIONAL RECORD — SENATE March 6, 2018 So these community banks, which to congratulate him and his colleagues talk about what they were doing, and are really the backbone of America’s on the Banking Committee for their bi- when I was there, they announced cash financial sector, are what this bill is partisan work on this legislation, deal- bonuses of $1,000 and up to $2,000 for all primarily about. The bill on the floor ing with the very real problem we of their hourly employees, higher this week makes it easier for them to have, which is the burdens, the red- wages for their frontline positions, an extend credit, loans, mortgages, and tape, the compliance costs, and coming increased 401(k) match, greater com- provide other products and services to up with a balanced product that can be pany investment in employee wellness working families in Ohio and around supported on both sides of the aisle, get and recognition programs, and signifi- the country. through the House, get through the cantly more charitable giving. As The legislation does more than that Senate, get to the President for signa- Worldpay’s executive chair said, tax re- though. It also focuses on the regional ture, and begin to improve this econ- form is ‘‘ensuring Ohio companies like banks in Ohio. These are banks that omy even more. Worldpay can remain competitive and recruit the region’s top talent.’’ were not part of the financial crisis. f They had nothing to do with it, but de- They merged recently with a foreign spite that, they have been required to TAX REFORM company. Thank goodness they stayed live under the onerous systemically Mr. PORTMAN. Mr. President, on an- in Ohio, but now they are rewarded for important financial institution rules other economic issue, I want to talk that because, although they were pun- and regulations or the SIFI designa- for a minute about the good news com- ished for being a U.S. company before, tion. It has caused higher compliance ing out of my State of Ohio with regard now with our Tax Code changes in costs for them. Again, it has hurt lend- to the tax reform legislation. In just place, they are actually benefiting ing to Ohio businesses. the past few weeks, I have visited eight from being an American company, In Ohio, we happened to have three separate businesses across the State where it is more beneficial to make the very big employers in the State that talking about this issue, asking them investment here rather than, in their are regional banks—Fifth Third Bank, what has been the impact of the tax re- case, in the United Kingdom. A more competitive business tax Huntington Bank, and KeyBank. They form bill, what are they doing with code, an international tax code that are all examples of well-capitalized their savings. encourages investments in this country There are three of these I want to Ohio regional banks that will benefit rather than overseas, and incentives talk about tonight, briefly. One is a from this legislation, and the benefit like immediate expensing that is in the small auto parts manufacturing busi- will go to their thousands of employ- Tax Code now are helping to create ness in Zanesville, OH. They have three ees, but it will also go to their many jobs in my home State of Ohio. It is thousands of customers. auto parts stores. One is a multi- helping Worldpay continue to be an This legislation also increases impor- national credit card processing com- American company and to be strong. It tant consumer protections for vet- pany headquartered in Cincinnati, OH, also is helping foreign direct invest- erans, senior citizens, victims of fraud, and one is a premier medical center in ment in my home State because com- and those who have fallen on tough fi- Cleveland, OH. They are very different panies that are not American compa- nancial times. businesses in different sectors of our nies but foreign companies invested in Another thing I like about the legis- economy, but all are benefiting from Ohio are more likely to increase that lation that is particularly important to the tax legislation. investment rather than an investment me is it includes a specific piece of leg- GKM is the small auto parts store in somewhere else in the world because of islation I authored to make it easier Zanesville. They are reinstating the tax reform legislation. Immediate for a group called Habitat for Human- healthcare benefits to their employees expensing and lower tax rates, this all ity to carry out their mission of pro- directly as a result of this tax reform helps to create good American jobs. viding safe and affordable housing to bill. Under the Affordable Care Act, the The most recent Federal jobs report those in need. Habitat is a great orga- company’s healthcare costs increased shows strong job gains and the fastest nization. I volunteer at Habitat regu- dramatically—like so many other busi- wage growth since 2009. According to a larly. I see firsthand the great work nesses—by double digits every year. recent National Federation of Inde- they are doing back in my home State They had a 22-percent increase in their pendent Business survey, the NFIB, of Ohio. costs in 2016, and the company went to which represents a lot of small busi- My legislation is called the Housing its employees and said: We simply can- nesses in Ohio, 32 percent of their com- Opportunity Made Easier Act or HOME not afford to pay for this 22-percent in- panies now say they are going to ex- Act, and it simply ensures that Habitat crease on top of other double-digit in- pand. By the way, that is the highest affiliates and other organizations— creases. We don’t know what to do. We level in the survey’s history, and it is nonprofits—can receive donated ap- are going to have to have you go out on the highest level of optimism also in praisals of the homes they build. This your own and find healthcare, includ- their survey about the future among is a really important issue for Habitat ing in the exchanges. these small businesses. A lot of that is because Dodd-Frank disallows this do- Now, with the money GKM Auto from the increased opportunity and the nated appraisal, and the affiliates have Parts is saving as the result of this tax optimism that comes from this tax re- traditionally accepted the donations. reform, all of their full-time employees form legislation. That has allowed them to have lower are once again able to get healthcare One website I saw here in Washington costs. When they have to pay the ap- through the company, and they are tells us that across the country more praisal fees, it increases the cost of the very grateful, having talked to some of than 400 businesses have now an- homes to the families that are so badly the employees who had to go out to the nounced bonuses, higher wages, in- in need of affordable housing. So get- exchanges, while others chose to pay creased benefits, or a combination of ting rid of this redtape is something the penalty. They are really happy to these things as the result of the tax re- that should be bipartisan and even non- have their healthcare back. form law. Four hundred is impressive, partisan. It has been tough for us to These kinds of real, tangible benefits but I have to tell you it is a lot more get this legislation moving because are exactly what we intended to ac- businesses than that. I have been to people have wanted to block anything complish in developing tax reform, but small business roundtable discussions that has to with Dodd-Frank, but this businesses small and large are bene- and individual businesses over the past obviously, I hope, was inadvertent. So fiting from these pro-growth changes several weeks in Ohio and talked to in this legislation we have the ability to the Tax Code. over two dozen individual companies— for Habitat and other nonprofits to The second company I want to talk none of whom are on the list of 400 be- take advantage of these donated ap- about is a big C corporation— cause they are not big companies that praisals. Getting rid of that redtape is Worldpay, Inc. It is the largest credit made a big public announcement—but going to help create more affordable card processing company in the world every single one of them are taking housing for families in need. now by volume. It has about 2,000 em- this tax reform and the benefits they I want to thank Chairman CRAPO for ployees in Ohio at their headquarters. I are getting from that, and they are re- including that legislation. I also want recently went to their headquarters to investing it into their people, their

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.059 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE March 6, 2018 CONGRESSIONAL RECORD — SENATE S1401 workers, their company’s plant, equip- gress. Last week, the House of Rep- are protected by a Federal law—a law ment, technology, making their work- resentatives actually offered the that we passed over two decades ago— ers more productive. So 400 is impres- SESTA legislation as an amendment called the Communications Decency sive, but I know it is much larger than on the floor to a broader bill, and it Act that protects these websites from that. Thousands of businesses are tak- passed by an overwhelming vote—over liability for crimes users commit ing advantage of this and therefore 300 votes. Just a couple of days later, through their site, no matter how their employers are and therefore you the White House expressed their sup- complicit they are in those crimes. It are seeing this increased optimism. port for this legislation. was certainly not the intent of Con- The final example I want to talk It is now the Senate’s turn to act on gress to permit this, but that is how about is one that has to do with our this critically important issue, and the courts have interpreted it. communities. I recently visited the Leader MCCONNELL—the leadership in Prosecutors and courts from across University Hospital Rainbow Center the Senate—again has made a commit- the country, including 50 State attor- for Women and Children in Cleveland, ment to me and my colleagues that we neys general, have called on Congress OH—a really impressive new facility will hold a vote on this sex trafficking to fix this injustice. In one of the most they are building. This is a new $26 legislation, the SESTA legislation, in direct calls that I have seen, a Sac- million medical facility, and I learned the next couple of weeks. We now have ramento judge last year dropped pimp- during this visit that it was the new 67 Senate cosponsors for SESTA. That ing charges against backpage.com, markets tax credit that was key to is not typical around here. stating: ‘‘If and until Congress sees fit making this project possible. New mar- It is a majority of Democrats; it is a to amend the immunity law, the broad kets is a tax incentive to spur eco- majority of Republicans—two-thirds of reach of Section 230 of the Communica- nomic growth and community redevel- the Senators in this body. By the way, tions Decency Act even applies to opment projects, and it helps to spur this is a diverse group with wide-rang- those alleged to support the exploi- private investment, as it did in this ing political and ideological back- tation of others by human trafficking.’’ case. In this Cleveland case, it spawned grounds. They have all signed on to In other words, this judge is saying significant private investment from this legislation because they want to that there is now an immunity—a pro- foundations and from individuals. This be part of the solution. It is a common- tection under Federal law—that allows is something that has worked in the sense solution to what is unfortunately these people, even when they are know- cities I represent in Ohio. We fought to a growing problem here in our country ingly involved with sex trafficking, to preserve the new markets tax credit in and in every State represented here in continue to do what they are doing. this body. the Senate version of the tax legisla- Our legislation makes two very sim- Unbelievably, sex trafficking is actu- tion, and the final agreement that be- ple changes to the Federal law that ally increasing in this country right currently protects websites like came law has the new markets tax now. In this century, in this country, credit made permanent. That is crit- backpage in an effort to restore justice. sex trafficking is actually increasing. First, SESTA says that if you are ical for economic development oppor- How can that be? What the experts tell violating a Federal law, the Federal tunities like this new university hos- us is that it is because of the online law on trafficking—and that is a law pital medical center I talked about. presence of these evil websites that are So these benefits from tax reform are that was in existence long before we selling women and children online. The started this investigation. It is a law not abstract. They are very real. They ruthless efficiency of social media—of that is well established. If you are vio- are extra money in your paycheck, the online presence of these websites— lating the Federal law on trafficking, they are more affordable healthcare is what is causing this increase. coverage, they are increased invest- Victims of sex trafficking in Ohio assisting, supporting, or facilitating ments in emerging communities, and have told me, as I have met with them: sex trafficking, and if you are doing it much more. Rob, this has moved from the street knowingly, which is a very high stand- As the good news continues to roll in corner to the smartphone. One website ard to prove, then you can be held lia- from tax reform, I will keep traveling called backpage.com is the industry ble and held to account. Again, this is Ohio, meeting with businesses, fami- leader in online sex trafficking. They very narrowly targeted legislation to lies, and workers to discuss ways tax are involved in nearly 75 percent of all deal with this specific problem. reform can help them achieve a better child trafficking reports that the Na- Second, the legislation will allow economic future. A brighter future is tional Center for Missing and Exploited State attorneys general—who cannot really what our tax reform and tax cut Children receives from the public. Sev- now but would be able under this legis- legislation was all about. enty-five percent of the reports that lation—to prosecute websites that vio- f this great organization receives to try late Federal sex trafficking laws. It is very important because that is where SESTA to stop sex trafficking relate to this one site. you are going to see most of the ac- Mr. PORTMAN. Mr. President, fi- The Permanent Subcommittee on In- tion—at the State level, the State nally, I want to talk about something vestigations here in the Senate, which prosecutors. else we were working on in Congress to I chair, conducted an 18-month inves- We have tailored this legislation nar- create a brighter future for many tigation into this issue. We looked at rowly to ensure no threat to the free- Americans. I am talking about our ef- what the online presence was and why dom of the internet but ensure we are forts to provide justice for victims of it was happening. We learned, of getting at this problem and actually sex trafficking and to hold accountable course, that backpage.com was by far dealing with immunity in Federal law. those online entities, those websites the biggest problem. We found that Sex trafficking survivors, their fami- that knowingly facilitate these evil backpage not only had the vast major- lies, and anti-trafficking advocates crimes. I am talking about this be- ity of the commercial sex traffic on have shown great courage by sharing cause, although this week we are fo- their site, but they had knowingly fa- their tragic stories and personal ac- cused on these reforms to Dodd-Frank cilitated and assisted criminal sex traf- counts of injustice at the hands of on- to help our smaller banks make the ficking and covered up evidence of line sex traffickers as we worked with economy stronger and help individuals those crimes in order to increase their them to develop this narrowly crafted and small companies, next week we own profits. legislation. hope to take up this issue of sex traf- For years, unbelievably, we have al- In testimony before the Permanent ficking. lowed them to get away with it. I think Subcommittee on Investigations and in We are closer than ever to getting that is a stain on our national char- testimony before the Commerce Com- this legislation passed, and just re- acter. I think we need to address it, mittee—which unanimously endorsed cently we had some good news in our particularly because we have the op- this legislation—we heard from victims bipartisan effort. The Stop Enabling portunity here in the Senate to change and their families. We heard from Sex Traffickers Act, or SESTA, a bill I a Federal law to help stop this. moms who told us about their teenage introduced with 24 Senators back in Courts have consistently ruled that daughters having been trafficked on- August, is gaining momentum in Con- backpage.com and these other websites line.

VerDate Sep 11 2014 03:01 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G06MR6.061 S06MRPT1 rfrederick on DSKBCBPHB2PROD with SENATE S1402 CONGRESSIONAL RECORD — SENATE March 6, 2018 One mom talked about her daughter MANITIES FOR A TERM OF FOUR YEARS, VICE WILLIAM SCOTT T. MCNEAR D. ADAMS. STEVE B. MIN who, at 14, was trafficked. She had CRISTIN A. MOUNT IN THE AIR FORCE been missing for 10 weeks. She finally JEANNIE M. MUIR THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LAUREL A. NEFF found a photograph of her daughter on AS DIRECTOR OF ADMISSIONS AT THE UNITED STATES DANA R. NGUYEN backpage. She called and said: I found AIR FORCE ACADEMY IN THE GRADE INDICATED UNDER CHARLES D. NOBLE TITLE 10, U.S.C., SECTIONS 9333(C) AND 9336(B): PETER D. OCONNOR my daughter. She is on your website. STEPHEN W. OLSON To be colonel JEREMY C. PAMPLIN Thank you for taking her off your IOANNIS B. PAPADOPOULOS website. She is 14 years old. ARTHUR W. PRIMAS, JR. DINA S. PAREKH The person at the other end of the THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- PARESH R. PATEL MENT TO THE GRADE INDICATED IN THE RESERVE OF BENJAMIN K. POTTER line from backpage said: Did you pay THE AIR FORCE UNDER TITLE 10, U.S.C., SECTION 12203: NICOLE C. POWELLDUNFORD GORDON K. RAINEY for the ad? To be colonel ROSEANNE A. RESSNER PEACHES A. RICHARDS The mom said: No, I didn’t pay for GREGORY J. PAYNE ERIC A. ROBERGE the ad. That is my daughter. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFERSON R. ROBERTS They said: Then we can’t take down IN THE GRADE INDICATED IN THE REGULAR AIR FORCE DAVID RUFFIN the ad. UNDER TITLE 10, U.S.C., SECTIONS 531 AND 716: KEVIN E. SCHLEGEL To be lieutenant colonel MICHELE A. SOLTIS That is who these people are. MARK E. STACKLE They have shown great courage by MICHAEL J. PATTERSON NEIL R. STOCKMASTER ABRAHAM W. SUHR coming forward with their stories. Now THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIMOTHY L. SWITAJ it is our turn to show courage by com- TO THE GRADE INDICATED IN THE UNITED STATES AIR NATHAN TAGG FORCE UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM THOMAS ing together and voting on this bill, To be lieutenant colonel CHRISTOPHER TROLLMAN DAVID C. VANECHO sending it to the President’s desk, and BRAD R. MATHERNE PETER H. VANGEERTRUYDEN fixing this problem, fixing the Federal THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- LUTHER WIEST law to allow justice for the trafficking MENT TO THE GRADE INDICATED IN THE REGULAR AIR HARRY J. WRIGHT FORCE UNDER TITLE 10, U.S.C., SECTION 531: BELINDA J. YAUGER victims and to finally hold accountable D011955 those who knowingly facilitate these To be major THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JONATHAN A. MORRIS TO THE GRADE INDICATED IN THE UNITED STATES ARMY crimes. VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS We have an opportunity to do some- IN THE ARMY 624 AND 3064: thing important here to create a bet- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be major TO THE GRADE INDICATED IN THE UNITED STATES ARMY ter, safer, and more just society. I am HAYLEY R. ASHBAUGH DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 PEGGY I. BAIN AND 3064: hopeful that next week we will have CHAD E. BROWN that legislation before this body. We To be colonel CRAIG M. CALKINS AMI D. CAMPBELL will have the debate. We will pass the ERIC T. ASHLEY ANDREW J. CHAMBERS legislation and begin to provide these BRENT W. CLARK JAMES S. CORRIGAN KEN JO JENNIFER D. CWIKLA victims of trafficking the justice they ROBERT KEELER LINDSEY S. DAY deserve and, most importantly, stop NAM K. KIM HANNAH S. DOLLAR BENJAMIN R. METHVIN NATALIE A. ERKER women and children from being ex- DALE A. NICHOLS BRIAN D. FARR ploited online. DAVID OLSON DANIEL K. FINNEGAN Thank you, Mr. President. KARL RICHARDS KIMBERLY M. FOX MICHAEL J. RYHN CASSANDRA M. FRAMSTAD I yield back my time. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEREMY L. GALLMAN f TO THE GRADE INDICATED IN THE UNITED STATES ARMY AMBRE N. GEJER MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 JANAS L. GRAY AND 3064: ERIN C. HENNESSEY ADJOURNMENT UNTIL 9:30 A.M. AIMEE M. HUNTER TOMORROW To be colonel ASHLEY M. HYDRICK DAVID A. JOHNSTON GILBERT AIDINIAN AMORY L. KOCH The PRESIDING OFFICER. Under ROGER A. ANDERSON KELLY M. MALLETTE THOMAS J. BACKENSON the previous order, the Senate stands BRITTANY M. MARBLE KIMBERLY R. BARRETT JACOB G. MARCEK adjourned until 9:30 a.m. tomorrow. TYSON E. BECKER BRET A. MILLER Thereupon, the Senate, at 7:06 p.m., RONALD D. BEESLEY LYNN J. MILLER PHILIP J. BERRAN adjourned until Wednesday, March 7, JESSICA A. PERPICH WILLIAM F. BIMSON LAUREN M. SEAL 2018, at 9:30 a.m. JAMES B. BRANCH TERESA M. VAUGHN JAMES M. BROWN WHITNEY E. VICKERY f KEVIN L. BUFORD SARAH T. WATKINS JASON B. CABOOT HEATHER L. WEAVER NOMINATIONS MICKEY S. CHO JORDAN N. YOLLES PATRICK J. CONTINO Executive nominations received by CORD W. CUNNINGHAM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the Senate: KARLA L. DAVIS TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID H. DENNISON MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., DEPARTMENT OF DEFENSE JEANNE C. DILLON SECTIONS 624 AND 3064: CRAIG P. DOBSON LISA PORTER, OF VIRGINIA, TO BE A DEPUTY UNDER To be major JOSEPH G. DOUGHERTY SECRETARY OF DEFENSE. (NEW POSITION) JEREMY V. EDWARDS JEFFREY A. ANDERSON DEPARTMENT OF TRANSPORTATION THOMAS E. ELLWOOD JOSEPH R. BONGIORNO MATTHEW V. FARGO ALLEN R. BYRNE PATRICK FUCHS, OF WISCONSIN, TO BE A MEMBER OF ROBERT G. FOWERS PATRICK R. CASEY THE SURFACE TRANSPORTATION BOARD FOR THE TERM DUNCAN A. GILLIES II ROBYN L. CHALUPA OF FIVE YEARS. (NEW POSITION) BABETTE GLISTERCARLSON DONALD W. CHASE MICHELLE A. SCHULTZ, OF PENNSYLVANIA, TO BE A THOMAS J. HAIR WILLIAM R. CONKRIGHT MEMBER OF THE SURFACE TRANSPORTATION BOARD BRIAN T. HALL CARLY R. COOPER FOR THE TERM OF FIVE YEARS. (NEW POSITION) DAWN M. HAROLD ROMMEL B. DAFFON DEPARTMENT OF ENERGY DAVID P. HARPER PATRICK T. DEPRIEST TYLER E. HARRIS ROBERT C. DICHIERA JAMES EDWARD CAMPOS, OF NEVADA, TO BE DIREC- WAYNE J. HARSHA ADRIAN DONIAS TOR OF THE OFFICE OF MINORITY ECONOMIC IMPACT, JASON S. HAWLEY ABE R. DUMMAR DEPARTMENT OF ENERGY, VICE LADORIS GUESS HAR- GARTH S. HERBERT BRIAN G. GOMEZ RIS. MATTHEW H. HOEFER JOSEPH N. GOMEZ ENVIRONMENTAL PROTECTION AGENCY AARON B. HOLLEY CHARISSE L. GONZALEZ NELSON HOWARD SETH GRUBBS PETER C. WRIGHT, OF MICHIGAN, TO BE ASSISTANT AD- PAULA J. JACKSON JAMES R. GRUENEWALD MINISTRATOR, OFFICE OF SOLID WASTE, ENVIRON- MARK L. JACQUES DANNY L. HARRIS MENTAL PROTECTION AGENCY, VICE MATHY JEFFERSON W. JEX JEFFERY L. HEILESON STANISLAUS. DAVID E. JOHNSON GARY L. HELTON RYAN J. KENEALLY ALLISON F. HOWELL DEPARTMENT OF THE TREASURY EUGENE H. KIM STEVEN D. HURTLE, JR. WON I. KIM ADAM R. IRBY MICHAEL J. DESMOND, OF CALIFORNIA, TO BE CHIEF JACQUELINE N. KING MACKENZIE J. JONES COUNSEL FOR THE INTERNAL REVENUE SERVICE AND JUDY KOVELL ANNA L. KAUS AN ASSISTANT GENERAL COUNSEL IN THE DEPARTMENT DAVID G. LAWTON CHRISTINA M. KOREERAT OF THE TREASURY, VICE WILLIAM J. WILKINS. LLEWELLYN V. LEE NICHOLAS R. KOREERAT NATIONAL FOUNDATION ON THE ARTS AND THE DOWNING LU KURT D. KRESTA HUMANITIES RODD E. MARCUM FRANCES P. LANG JENNIFER W. MBUTHIA JOSEPH M. LANG JON PARRISH PEEDE, OF MISSISSIPPI, TO BE CHAIR- THANE MCCANN DEANA M. LAWRENCE PERSON OF THE NATIONAL ENDOWMENT FOR THE HU- MICHAEL Y. MCCOWN KAREN M. LONG

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NICOLE T. LOPEZ NICHOLAS C. KUCAN, SR. IVONNE E. CARTAGENA PRESTON E. LOPEZ JENNIFER S. KUNTZ ANTHONY L. CARTHON JOHN B. LOSCH JOSHUA D. KUPER MARIACRISTINA CARUSO MAYA L. LOWELL MARCUS H. LAI JESSICA M. CASSIDY MARK R. MATEJA LAKESHA L. LEE KIRT D. CLINE KEVIN E. MAYBERRY ERICA J. LINDROTH LUANE D. COVINGTON TAMARA J. MAYBERRY DAVID M. MARSHALL LUTISHA T. CRAWFORD SHANE D. MCDONALD MATTHEW N. MASCITELLI SHAYNA L. DEBARROS ROBERT M. MEADOWS RANDAL MAURER JARRETT M. EDWARDS ROBERT B. MILLER MATTHEW P. MCCREERY SUIN C. ELLISON BRIAN J. MIMS SEAN A. MCFARLING GLORIA J. ERNEST JACOB A. NAYLOR MARK J. MEDLEY II JENNIFER ESPARZA LARISSA R. PARSEK LAKISHA S. MERCER MATTHEW M. FANNING ANTHONY K. RAKOFSKY TERRY L. MERCIER DANIEL J. FEDDERSON CLAY T. RANDLES JONATHAN D. METCALF ALVIN G. FERRER CHRISTOPHER P. ROGERS RICHARD H. MILLER CLIFF FONTANEZ CHRISTOPHER R. SMITH CLINT H. MITCHELL GHARIWAYNE A. FORNILLOS JEFFERY G. TAYLOR ZACHARY R. MITCHELL STEPHANIE FOSCANTEBOWLING JON M. THIBODEAU ANDREA MOUNTNEY PAMELA L. FRANCIS CHARLES A. TRINGO JANESSA R. MOYER MAYA A. FRAZIER SHAVANA TURAY ERIC M. NEUTKENS MICHELLE L. FREDACH VERN WAGNER LAURA M. NEWELL KIMBERLY A. GENKOV ANGELA R. WESTON TIFFANY T. NGUYEN STACIE M. GIBSON MELISSA D. WILKES TOSHA M. NICHOLS JOHN M. GILLESPIE JEFFREY A. WITTKOPP LINDSEY E. NIELSEN LYDIA A. ZELLERS RONALD E. NIXON, JR. MARSHALL P. GLENISTER D012178 JENNIFER M. NOETZEL MARIA L. GONZALEZ D012189 SAMUEL P. OCHINANG TRAVIS J. GRAHAM D012878 RALPH M. ODOM MICHELLE L. GRANT AZUWUIKE N. OHUKA ERIC S. GRAYBILL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JASMIN A. GREGORY TO THE GRADE INDICATED IN THE UNITED STATES ARMY JEB S. ORR ELBERT T. OSBORNE, JR. SAMANTHA M. HANSON MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- STEPHEN C. HARMON TIONS 624 AND 3064: EDWARD K. OSEI GLORIA I. OSORIOGIRAUD JESSE M. HARTMANN To be major KIRSTEN B. OUIMETTE KRISTINA M. HERRIOTT JAMES J. PAK ELIZABETH HICKSON AHMAD B. ALEXANDER JUSTIN C. PAO LESLEY A. HUCKABY MONICA I. ALLEN CHOICEY L. PELLERIN ANDREA R. HUDSON JAMIE R. ARRUIZA HALI J. PICCIANO RENATA K. HUNLEY ERICA V. ATKISSON DENISE L. QUINTANA JEFFERSON U. HUNTER BRIAN V. BAGGETT DREW D. REINBOLDWASSON SUWAIBA IBRAHIM VIRGINIA B. BAILEY ROSALINDA C. REYES PAULA JABBOUR ROBERT L. BAKER BRANDON C. RITCHEY GILBERT C. JARAMILLO BRUCE W. BARNES YASHEBA M. ROBINSON MONIQUE JEANBAPTISTE MATTHEW L. BARRETT GILBERTO RODRIGUEZ MARLIN L. JOLLY DAVID M. BARRY ROBERT E. ROSENBERG CHANEL D. JONES NATHANIEL D. BASTIAN PRESTON D. ROY MATTHEW A. KALIS LEBARON D. BATES SHARLEEN M. RUPP BENJAMIN M. KAUFMAN RICHARD H. BENSON RENATA M. RUSSO WILLIAM KELLY ANDREW J. BODWELL TOMMY W. SANDMEL STEPHANIE K. KESSINGER STEPHEN T. BONNEY DAWN E. SERVIDIO JANETTE J. KIM DANIEL M. BOUDREAUX ERNEST A. SEVERE SUSAN KING AMY L. BREGUET ROBYN M. SHARIER ELAINE B. KIRISH LACHARLES M. BROWN ERICKA SHELDON ALBERT R. KNIGHT MEREDITH A. BROWN VERONICA C. SIMMONS LORI S. KUYT JENNA M. BURNESKIS JOSHUA T. SINGLETON CHRISTIE M. LANG CLINTON J. BURROUGHS LEONARD D. SKIPPER CARLOS O. BUSTAMANTE RACHEL H. LAROSE LOUISA M. SLAYDEN ELISA MARIE K. CALACE MARIA A. LIGHTFOOT MATTHEW D. SLYKHUIS VERN E. CAMPIGOTTO, JR. MEGAN E. LUCCIOLA JASON R. SMEDBERG JOSE A. CAPELLAN BECKY LUX AMBER L. SMITH KEYIA N. CARLTON AIMEE A. MACK CARL D. SMITH JOSHUA M. CARMEN SCOTT A. MADDOX MARIETTA M. SQUIRE JINO I. CARO TODD B. MALONE ISAAC A. STEPHEN MAXWELL G. CARROLL MARIMON I. MASKELL ALLISON S. STERNBERG WILLIAM A. CEBALLOS PATRICIA MAUVAIS MATTHEW B. STOKLEY MICHAEL C. CHASE TIERRA L. MCDEARMON MICHAEL E. SUDWEEKS JAMES E. CHRISTENSEN CODY J. MCDONALD RAJINDER N. SUMAIR ERIKA CHU MARCUS L. MCGEE LAUREN N. TEAL JAE H. CHUNG TAMELA J. MCGRAWSCHENCK LUIS A. TEJADA AMANDA A. CLINE PAUL D. MCLEMORE NICHOLAS K. TONEY MATTHEW A. COOLEY JOSE E. MENDOZA TAMARA K. TRAN ADAM D. COOPER JOSEPH A. MICHNA NICHOLAS M. TRICHE MICHAEL L. COOPER JASON MILLER TOAN M. TRINH GARION E. DAVENPORT JENNIFER A. MILLER CAROLYN D. TYSON DANIEL C. DAVIS BRENDA F. MITCHELL REMINGTON W. VANDERGRIFF SEAN T. DAVIS SUNNIE R. MURRAY CASSANDRA O. WEBB DAVID W. DRAPER LAURA M. OGLE RHONDA M. WELLS ASHLEY H. FAIR JOEL J. OSTERHOUT TRAVIS E. WHITESIDE KENT A. FISHER WINCESS PAPIUS KENNETH S. WILDER ALEXANDER F. FLYNN ALEX J. PASSMORE CHARLES R. WILLIAMS DEREK K. FOLK ELZONA M. PATTERSON GLENNDALE L. WILLIAMS ALHAJI FONAH NAJUMA A. PEMBERTON JONATHAN W. WILLIAMS JAMES S. FOX DONALD W. PITCOCK WILLIAM J. WILTBANK MIGUEL A. FRAGUEIRO JEFFREY C. RANSOM MEAGAN L. WISNIEWSKI GREG A. FULLER LUCAS R. REAVIS MICHAEL B. WRIGHT JORDAN T. GARRETT ASHLEA RICHMOND RONALD O. YOUNG, JR. LOTISHA E. GARVIN YADIRA RODRIGUEZ STEVEN D. ZUMBRUN DANIEL M. GAZZANO KENNETH J. ROMITO JESSICA L. GIDWANI THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JASON F. RYNCARZ JINA A. GILMORE TO THE GRADE INDICATED IN THE UNITED STATES ARMY SABAS SALGADO RAQUEL L. GIUNTA NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND DALE R. SCOTT, JR. BRIAN J. GOMES 3064: LISA M. SHROPSHIRE FABIA M. GOMEZSALAS To be major JENNIFER L. SIEGERT KENNETH R. GONZALES JESSIE M. SMITH BRADLEY J. GREGORY ASHLEY K. AITON MICHAEL D. SMITHERS HELEN L. HAMPTON JACQUELINE K. ALLEN RYAN L. STAAB JESSIE G. HART CYNTHIA A. ANDERSON SERENA K. STAPLES JOHN HENIGER DEANNA R. ANDREWS JUSTIN R. STEPHENS FRANCIS J. HEREL III KEREN E. ANDUJAR CYNTHIA L. STYNER ROBERT N. HJULER JESSICA M. ARNOLD ANGELA SUMMERS THOMAS J. HOLMES LEROY A. BARBOUR ELIZABETH A. SZAKEL HEATHER L. HOLUB MARIE A. BAUTISTA LISA TAYLOR TIMOTHY J. HOPPER LANCE M. BELL SAMUEL G. TEAGUE THOMAS J. HORAL MARKO PAULO M. BENITO PAUL B. TENPENNY CHIH C. HUANG MARQUS O. BERRY JUSTIN T. TETREAULT ERIKA G. HUERTA MOLLY M. BLACK GERALDINE M. WATERS MATTHEW S. JEWETT ERICA L. BLOCK LAURENCE B. WEBB ANTHONY L. JOHN II MELISSA A. BOETIG BRETT S. WEIR JEFF A. JOHNSON TANYA L. BOLDEN MYRA D. WHITE WAYNE D. JOHNSON SARAH E. BOLIN ANNETTE E. WICKETT JOSHUA I. JONES DAVID G. BOWEN ANGELA N. WILHOIT TREVOR P. JOSEPH MYLINH P. BRUHN FELICIA M. WILLIAMS SEUNGHO KANG MARCUS R. BURGESS TERESA A. WILLIAMS NADIA T. KENDALLDIAZ LINDSAY J. BURGNER EDWARD L. WITHERS SHAWN A. KIRBY KATRINA D. BURRUS KEVIN M. WOODSON MELISSA A. KOTTKE RUBY L. CANNON TRACY L. ZINN

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RECOGNITION OF MR. BELL He has 3 sisters Laura, Gretchen, and Katie. H.R. 2422 the Action for Dental Health Act of For fun, George rode horses and participated 2017 I would have voted ‘‘yay.’’ Had I been in the rodeo. He also likes hiking, skiing, present for roll call vote number 83, on the HON. DAVE BRAT and fishing. George was a working man. For OF VIRGINIA jobs George was a firefighter. ‘‘Wow, that Table Appeal of the Ruling of the Chair, I IN THE HOUSE OF REPRESENTATIVES must have been HOT!’’and he was a pear would have voted ‘‘yay.’’ Had I been present picker and baled hay. for roll call vote number 84, On Ordering the Tuesday, March 6, 2018 CHAPTER 2: WORK AND CONGRESS Previous Question, on H. RES. 748 Providing Mr. BRAT. Mr. Speaker, I rise today to rec- How did George get interested in Congress? for consideration of the bill H.R. 1865, the ognize the passing of a constituent Richard Well, he got interested by his dad who was Allow States and Victims to Fight Online Sex Bell, Jr. Mr. Bell lived in Blackstone, and the state senator too. George always wanted Trafficking Act of 2017, I would have voted served as a truck driver in the renown Red to help people. The first year was fun and ex- ‘‘yay.’’ Had I been present for roll call vote Ball Express where he drove supplies to the citing. Making laws for are country is fun. number 85, On Agreeing to the Resolution to front line in France during the invasion of Nor- Did you know that the first law he made was H. RES. 748 Providing for consideration of the mandy. It was this group that preserved the 28 letting kids with disabilities go to school. bill H.R. 1865, the Allow States and Victims to Army divisions through the summer and fall of Some of his friends were Nancy Pelosi and Fight Online Sex Trafficking Act of 2017, I John Burton. Did you know that he rode 1944 throughout France and Belgium, and al- with several presidents on Air Force one the would have voted ‘‘yay.’’ Had I been present lowed the allied troops to advance relentlessly, president’s plane. He rode with President for roll call vote number 86, On Ordering the pushing the Germans out. Ford, Carter and Clinton. Previous Question, to H. RES. 747, Providing My office was privileged to assist his family CHAPTER 3: BIGGEST ACCOMPLISHMENTS for consideration of the bill H.R. 4296 to place when they learned there were seven medals His Biggest Accomplishment was his first requirements on operational risk capital re- he earned, but never received, during his law that helped let kids with disabilities go quirements for banking organizations estab- service during World War II. Having the oppor- to school and work. lished by an appropriate Federal banking tunity to present those medals to him at a spe- He also helped in the Head Start com- agency, and providing for consideration of the cial ceremony organized by his family is a mittee. This was a program for children from bill H.R. 4607 the Comprehensive Regulatory memory I will never forget. I am extending my low income places where they could get help Review Act, I would have voted ‘‘yay.’’ Had I heartfelt sympathy to his family as they mourn with school work, supplies, and food. This been present for roll call vote number 87, On started in 1965. his passing. And health care for all or known as Obama Agreeing to the Resolution, to H. RES. 747, f Care. Providing for consideration of the bill H.R. 4296 to place requirements on operational risk GLOSSARY HONORING THE WORK OF WILLIAM capital requirements for banking organizations MILLER Congressman: Someone who serves the community by making laws in Washington, established by an appropriate Federal banking D.C. agency, and providing for consideration of the HON. ANNA G. ESHOO Committee: A group of Congressman that bill H.R. 4607 the Comprehensive Regulatory OF CALIFORNIA work together to help make a law. Review Act, I would have voted ‘‘yay.’’ Had I IN THE HOUSE OF REPRESENTATIVES Head Start: A program for kids in low in- been present for roll call vote number 88, On come neighborhoods that help kids with Tuesday, March 6, 2018 Motion to Recommit with Instructions, H.R. school work. 4296, To place requirements on operational Ms. ESHOO. Mr. Speaker, I rise today to in- Obama Care: A health care program for anyone that needs it. risk capital requirements for banking organiza- clude in the RECORD a tribute to Master Wil- tions established by an appropriate Federal liam Miller who has written a book entitled, Bi- f banking agency, I would have voted ‘‘nay.’’ ography of Congressman George Miller. In his PERSONAL EXPLANATION Had I been present for roll call vote number book, William outlines the life and work of his 89, On Passage to H.R. 4296 To place re- grandfather, The Honorable George Miller. HON. LUIS V. GUTIE´RREZ quirements on operational risk capital require- William’s detailed account of his grand- ments for banking organizations established OF ILLINOIS father’s early life paints a vivid picture of his by an appropriate Federal banking agency, I IN THE HOUSE OF REPRESENTATIVES time as a firefighter and a pear-picker, and would have voted ‘‘yay.’’ Had I been present moves on to discuss Congressman Miller’s Tuesday, March 6, 2018 for roll call vote number 90, On Agreeing to work, including some of his greatest legislative Mr. GUTIE´ RREZ. Mr. Speaker, I was un- the Amendment to H.R. 1865 Mimi Walters of accomplishments. avoidably absent in the House chamber for roll California Amendment No. 2, I would have I thank William for his detailed research and call votes 92 and 93 on Monday, March 5, voted ‘‘yay.’’ Had I been present for roll call hard work to write this book for all to learn 2018. Had I been present, I would have voted vote number 91, On Passage of H.R. 1865 from, enjoy, and be inspired by one of the Yea on both of these votes. Allow States and Victims to Fight Online Sex most consequential legislators of our time. f Trafficking Act, I would have voted ‘‘yay.’’ BIOGRAPHY OF CONGRESSMAN GEORGE MILLER f (By William Miller) PERSONAL EXPLANATION INTRODUCTION IN MEMORY OF DR. LAKSHMI Do you want to learn about the coolest HON. BILL HUIZENGA CHAPARALA, PH.D. congressman ever? Yes, you do? Then read OF MICHIGAN this awesome book to find out all about IN THE HOUSE OF REPRESENTATIVES HON. PETE SESSIONS George Miller! I will tell you about when he OF TEXAS was growing up. He was a working man! Tuesday, March 6, 2018 IN THE HOUSE OF REPRESENTATIVES George did jobs like being a firefighter, a Mr. HUIZENGA. Mr. Speaker, I rise today pear picker and much more. I will also tell Tuesday, March 6, 2018 you about some of George’s biggest accom- regarding missed votes due to a mild medical plishments. Keep on reading to learn more issue. Had I been present for roll call vote Mr. SESSIONS. Mr. Speaker, I rise today to about this totally awesome man! number 81, on Motion to Suspend the Rules honor Dr. Lakshmi Chaparala, Ph.D.— CHAPTER 1: GROWING UP and Pass, as Amended, H.R. 1222 the Con- Gothram Koundinyasa, on the anniversary of George Miller was born in San Francisco, genital Heart Futures Reauthorization Act of her death. Dr. Chaparala was born and raised CA at the Children’s Hospital on May 17, 2017 I would have voted ‘‘yay.’’ Had I been in Eluru, Andhra Pradesh, India, on a particu- 1945. He lived in Richmond until he was five present for roll call vote number 82, on Motion larly important day in the Hindu calendar—the years old. When George moved to Martinez. to Suspend the Rules and Pass, as Amended, date of Krishna’s birthday—and belonged to a

∑ 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 05:13 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K06MR8.001 E06MRPT1 SSpencer on DSKBBXCHB2PROD with REMARKS E264 CONGRESSIONAL RECORD — Extensions of Remarks March 6, 2018 Hindu Brahmin Telugu community in India. el through the Panama Canal. After graduating While Melissa Burnison is a respected and Throughout her life, she educated thousands with a degree in Political Science in 1952, Ed effective professional, she truly stands out as of students and believed that America is the reported for duty immediately to San Diego a wife and mother. Melissa is an adoring greatest nation in the world. Lakshmi held where he served mainly on destroyers in the mother of three daughters and with her hus- strong beliefs that education, discipline, dili- Pacific during the Korean War. Toward the band, Scott, they have formed a warm and gence, cleanliness and devotion to God are of end of his tour, he served as Legal Officer on close family. utmost importance to succeed in life. his ship, the Laws. During his time with the One of the pleasures of serving in the U.S. Lakshmi is the loving mother of one of my Navy, Ed visited Hiroshima, Nagasaki, Tokyo, House of Representatives is seeing young, tal- constituents, Praveen. She is also survived by Hong Kong, Guam, the Philippines, Taiwan, ented people come to Washington to serve her husband, Dr. Babji Chaparala, along with and Hawaii. Ed retired from active service in their country. I commend Melissa for her con- her two other children, Suneetha and Swapna. 1955 as a Lieutenant. firmation in this important position, and I ex- She was an extraordinary woman who After he left the military, Ed enrolled at Boalt pect we will be hearing more about this tal- touched the hearts of many. Although no Hall Law School at U.C. Berkeley, and in 1964 ented and gracious public servant in the years words can really help to ease the loss, her life was a co-founder of Miller Starr Regalia, a law ahead. was truly a blessing and she is held very close firm focusing on real property cases. During f in thought and prayer. In honor of her mem- his time as a practicing attorney, Ed received ory, I would like to take this opportunity to numerous awards for his work and contribu- PERSONAL EXPLANATION thank Dr. Lakshmi Chaparala for her service tions to the legal field. Ed went on to serve to our country and her faith in our great na- two terms on the California Law Revision HON. TIMOTHY J. WALZ tion. Commission, appointed first by Governor OF MINNESOTA Davis and re-appointed by Governor f IN THE HOUSE OF REPRESENTATIVES Schwarzenegger. Tuesday, March 6, 2018 PVT. ALBERT M. PERRY Motivated by the assassinations of Martin Luther King, Jr. and Robert Kennedy in 1968, Mr. WALZ. Mr. Speaker, I was absent for HON. LUKE MESSER Ed and other members of the Walnut Creek the vote on the passage of H.R. 1865 (Roll Democratic Club formed the Kennedy-King Call No. 91). Had I been present, I would also OF INDIANA Memorial Scholarship Fund, a 501(c)(3) non- have voted yea. IN THE HOUSE OF REPRESENTATIVES profit organization. From 1968 through 2017, I was also absent for the vote on the pas- Tuesday, March 6, 2018 he served continuously on the Board where he sage of H.R. 4296 (Roll Call No. 89). Had I Mr. MESSER. Mr. Speaker, I rise today to oversaw $4.4 million in scholarships awarded been present, I would have voted no. honor Private Albert Perry, who was killed in to assist 750 students from Contra Costa f County Community Colleges transition to four- action in Saarlautern, Germany on December. PERSONAL EXPLANATION 18, 1944. year universities. Ed also served on Home- Private Perry was born on October 1, 1920 owner’s Boards, both as President and pro- in Banta, Indiana, to William Herman Perry bono legal advisor, and the Board of both the HON. GWEN MOORE and Dessie Day Perry. He was the ninth of ten Diablo Symphony and the Walnut Creek Li- OF WISCONSIN siblings, with two sisters and seven brothers. brary Foundation. IN THE HOUSE OF REPRESENTATIVES He attended Bargersville and Center Grove Ed’s dedication to his job, his family, and his Tuesday, March 6, 2018 schools, but after only one year of high school community was admirable. Ed passed away on February 6, 2018. He will be missed sin- Ms. MOORE. Mr. Speaker, due to unfore- he went to work full-time at the Earl Wilson seen flight delays, I was absent for roll call Service Station and Garage in Franklin, Indi- cerely by those who had the pleasure of knowing him, including his wife Gwen; children votes 92 and 93 on March 5, 2018. Had I ana to help his family. been present, I would have voted AYE on Roll Private Perry enlisted in the Army on March Doug, Ken, Phil, and Connie; and his grand- children and great-grandchildren. Call No. 92 and AYE on Roll Call No. 93, both 3, 1944 at Fort Benjamin Harrison in Indianap- naming certain post offices. f olis. After several months of training, he was f deployed on August 6, 1944 from Boston, MA CONGRATULATING MELISSA on the SS Mariposa. He served with the Com- BURNISON TRIBUTE TO POLICE CHIEF ALAN pany K, 378th Infantry Regiment, 95th Infantry R. GORDON Division of the Third Army, which earned the HON. MICHAEL K. SIMPSON nickname ‘‘Iron Men of Metz’’ after defending OF IDAHO HON. JAMES P. McGOVERN the town in France from repeated German at- IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS tacks. IN THE HOUSE OF REPRESENTATIVES Like many of our brave young soldiers, Pri- Tuesday, March 6, 2018 Tuesday, March 6, 2018 vate Perry paid the ultimate sacrifice defend- Mr. SIMPSON. Mr. Speaker, I rise today to ing and protecting our freedom. Although our congratulate Melissa Burnison on her recent Mr. MCGOVERN. Mr. Speaker, I rise today debt to him can never be repaid, we have a confirmation to serve as the Department of to thank Chief Alan R. Gordon for his 43 years duty to honor and recognize the sacrifice that Energy’s Assistant Secretary for Congres- of exceptional service to the people of he made protecting this great country. sional and Intergovernmental Affairs. Melissa Westborough, Massachusetts. Though Alan f is well known to Members of the House, and retired as Chief of Police in January, his rep- President Trump made an excellent choice utation of integrity, excellence, and service RECOGNIZING THE LIFE AND when he nominated her for this important posi- above self will remain an example for law en- SERVICE OF EDMUND L. REGALIA tion. forcement offices throughout the nation. Melissa Burnison is a native of Kentucky Alan first joined the force in 1972, and be- HON. MARK DeSAULNIER and she began her career on Capitol Hill came a full-time officer in 1978 after attending OF CALIFORNIA working for Senator Mitch McConnell. Melissa the Worcester Police Department Academy. IN THE HOUSE OF REPRESENTATIVES later worked for Congressman Zach Wamp of While supporting a family and working long Tennessee where she focused on Department hours, often on the midnight shift, Alan rose Tuesday, March 6, 2018 of Energy issues. She later served as a senior through the ranks of the department, becom- Mr. DESAULNIER. Mr. Speaker, I rise today advisor at the Department of Energy and most ing Sergeant in 1988, Lieutenant in 1994, and to recognize the life and service of a longtime recently represented the Nuclear Energy Insti- Chief of Police in 2005. Contra Costa resident, Mr. Edmund Regalia. tute as Director for Federal Programs. In that His bravery and quick thinking have saved At an early age, Ed committed to his pas- capacity, my staff and I have worked closely lives and property countless times. One night sion for serving others by participating in with Melissa to address challenges and oppor- in particular stands out in his mind; in October school leadership, acting as President of a so- tunities facing the nuclear industry. Melissa of 1983, he raced to the scene of a 911 call. cial-civil rights club, and joining the Naval also worked tirelessly to foster increased col- A baby was not breathing. With seconds to ROTC while attending U.C. Berkeley. He laboration between the DOE national labs and spare, Alan’s training kicked in, and alongside spent his summers with the Navy in locations the nuclear industry. I have especially appre- another officer, Alan administered CPR and around the country and abroad, including trav- ciated her work in this area. saved the baby’s life.

VerDate Sep 11 2014 05:13 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A06MR8.004 E06MRPT1 SSpencer on DSKBBXCHB2PROD with REMARKS March 6, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E265 Though Alan’s duties changed as Chief, he PERSONAL EXPLANATION pion for students and a tireless advocate for always put the people of Westborough first: educational excellence in the Owen J. Roberts spending time listening to residents, address- HON. BILLY LONG School District. James B. ‘‘Jamie’’ Frees II graduated from ing their concerns, and communicating the OF MISSOURI Owen J. Roberts High School in 1989. He work of the department to his neighbors. And IN THE HOUSE OF REPRESENTATIVES he always led by example—ensuring that his began giving back to his alma matter in De- officers had the tools, training, and compas- Tuesday, March 6, 2018 cember 2009, following in the footsteps of his sion they needed to effectively do their jobs. Mr. LONG. Mr. Speaker, on Monday, Feb- father and grandfather by becoming a third- generation member of the Owen J. Roberts Mr. Speaker, all of Alan’s professional ac- ruary 26, 2018, and Tuesday, February 27, School Board. complishments would be praiseworthy on their 2018 I was unable to vote on any legislative measures. Had I been present, I would have With a background in banking, Jamie was own. Alan’s work has no doubt made instrumental in the annual budget process and Westborough a safer community and a better voted the following: (Roll no. 81) On passage of H.R. 1222— served as Finance Committee Chairman. He place to live. But what really makes Alan a was later selected as Board Vice President model public servant—what really sets him Congenital Heart Futures Reauthorization Act, had I been present I would have voted yes; and Board President. apart—is how he goes above and beyond to Jamie’s contributions went well beyond (Roll no. 82) On passage of H.R. 2422—Ac- give back to his community time and time serving as a School Board Member. again. tion for Dental Health Act, had I been present As an OJR Music Parents Organization I would have voted yes; As President of the Westborough Police Pa- member, Jamie spent many weekends driving (Roll no. 83) On motion to table the appeal the equipment truck for the Marching Band trolmen’s Association, Alan started a program of the PERSONAL EXPLANATION ruling of to provide food for the less fortunate on and serving as announcer at the Fall Preview the chair, had I been present I would have and Annual Cavalcade of Bands. Christmas and Thanksgiving. As a volunteer at voted yes; the Lighthouse Mission Soup Kitchen, Alan In addition, he founded and served as presi- (Roll no. 84) On ordering the previous ques- dent of the Coventry Rugby Football Club, regularly served meals to the homeless in tion providing for consideration of 1865—Allow Worcester. was a member of the Famous Bucktown States and Victims to Fight Online Sex Traf- Boosters and a member of the board of the Alan continues to volunteer at the Boston ficking Act of 2017, had I been present I would Charlestown Playschool. Marathon, the Falmouth Road Race, and as a have voted yes; Sadly, Jamie passed away unexpectedly on baseball umpire and basketball referee at (Roll no. 85) On adoption of the rule pro- February 1st. His death is a profound loss for Westborough Middle School and High School. viding for consideration of H.R. 1865—Allow the entire community. And, he serves as the Police Department’s li- States and Victims to Fight Online Sex Traf- Mr. Speaker, I join the Owen J. Roberts aison to numerous statewide boards. ficking Act of 2017, had I been present I would community in mourning Jamie’s passing, ex- Mr. Speaker, I ask my colleagues to join me have voted yes; pressing gratitude for the countless ways he in extending our congratulations to Alan on his (Roll no. 86) On ordering the previous ques- made the entire district better during his three retirement, and our heartfelt gratitude to him tion providing for consideration of H.R. 4296— terms on the school board, and extending my and his family on behalf of the residents of to place requirements on operational risk cap- condolences to the Frees family. Westborough and the United States Congress. ital requirements for banking organizations es- f tablished by an appropriate Federal banking RECOGNIZING THE TREMENDOUS f agency and H.R. 4607—the Comprehensive Regulatory Review Act, had I been present I SERVICE OF COUNCILMAN LANCE PERSONAL EXPLANATION would have voted yes; LIVERMAN (Roll no. 87) On adoption of the combined rule providing for consideration of H.R. 4296— HON. BONNIE WATSON COLEMAN HON. EARL BLUMENAUER to place requirements on operational risk cap- OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES OF OREGON ital requirements for banking organizations es- tablished by an appropriate Federal banking Tuesday, March 6, 2018 IN THE HOUSE OF REPRESENTATIVES agency and H.R. 4607—the Comprehensive Mrs. WATSON COLEMAN. Mr. Speaker, I Tuesday, March 6, 2018 Regulatory Review Act, had I been present I rise today to recognize the tremendous serv- would have voted yes; ice of Councilman Lance Liverman as he pre- Mr. BLUMENAUER. Mr. Speaker, had I (Roll no. 88) On democrat motion to recom- pares to retire from Princeton’s Town Council been present for the vote on H.R. 3183—To mit, had I been present I would have voted no; this year. designate the facility of the United States (Roll no. 89) On passage of H.R. 4296—to Born at Princeton Hospital in 1962, Lance Postal Service located at 13683 James Madi- place requirements on operational risk capital Liverman has been a lifelong resident of the son Highway in Palmyra, Virginia, as the ‘‘U.S. requirements for banking organizations estab- town he loves. He was educated in Princeton Navy Seaman Dakota Kyle Rigsby Post Of- lished by an appropriate Federal banking public schools before attending college at fice’’, (Roll Call No. 92), I would have voted agency, had I been present I would have Fairleigh Dickinson University and then trans- ‘‘aye.’’ voted yes; ferring to Trenton State College, now known Additionally, had I been present for the vote (Roll no. 90) On Walters of California as the College of New Jersey so that he could on H.R. 4406—To designate the facility of the Amendment to H.R. 1865—Allow States and be closer to home to help his ailing stepfather. United States Postal Service located at 99 Victims to Fight Online Sex Trafficking Act, After graduating college, Lance went into his Macombs Place in New York, New York, as had I been present I would have voted yes; stepfather’s business before working for him- the ‘‘Tuskegee Airman Post Office Building’’, and self—first as a special courier and then in real (Roll Call No. 93), I would have voted ‘‘aye.’’ (Roll no. 91) On passage of H.R. 1865— estate. Allow States and Victims to Fight Online Sex A native son of Princeton, Lance has given f Trafficking Act, had I been present I would 30 years of public service to his community. have voted yes. For the last 15 years, Lance Liverman has PERSONAL EXPLANATION f served as a member of the Princeton Town Council where he has been hands on in ad- HONORING OWEN J. ROBERTS dressing the issues facing residents. HON. BETO O’ROURKE SCHOOL BOARD MEMBER JAMES With his deep understanding of how Prince- B. FREES II OF TEXAS ton works and with his charitable nature, Councilman Liverman has been a great asset IN THE HOUSE OF REPRESENTATIVES HON. RYAN A. COSTELLO on his council assignments. On the Affordable Tuesday, March 6, 2018 OF PENNSYLVANIA Housing Board, the Councilman uses his real IN THE HOUSE OF REPRESENTATIVES estate knowledge to benefit the community, Mr. O’ROURKE. Mr. Speaker, I was un- while he provides counseling for youth and avoidably absent from the Chamber on Tues- Tuesday, March 6, 2018 their families dealing with alcohol and drug ad- day, February 13. Had I been present, I would Mr. COSTELLO of Pennsylvania. Mr. diction on the Princeton Alcohol & Drug Alli- have voted ‘‘yea’’ on rollcall votes 70 and 71. Speaker, I rise to pay tribute to a true cham- ance.

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All of Councilman Liverman’s colleagues RECORD an article entitled, Southwest and ‘‘Everyone was just so nice and helpful. have called him, ‘‘a truly unique Princeton cit- Lucky Dog Animal Rescue Fly Plane to Puerto The minute we landed, Lucky Dog volun- izen and a great human being.’’ Another mem- Rico to Save 62 Pets and Donate 14,400 lbs. teers were unloading, Southwest volunteers were unloading, the cargo staff on the ber of the council has called him ‘‘Princeton’s of Supplies that was published by People ground was unloading,’’ Horowitz recalled. Hero,’’ as he not only serves on the council, Magazine. This article outlines the rescue mis- ‘‘Everyone jumped in to help. It was truly but also through his church, working with sion embarked on by Southwest Airlines and amazing how wonderful everyone meshed for youth, and through his constant presence Lucky Dog Animal Rescue. two groups that had never met before.’’ around town. This is why the local paper has It was the extraordinary leadership of Mirah Next it was time to handle the precious described him as the ‘‘Son of the Community.’’ Horowitz that this rescue effort was launched cargo. Sixteen cats and 46 dogs looking for Though Councilman Liverman will be step- and coordinated with Southwest Airlines. I’m forever homes were carefully loaded into car- riers off the tarmac and prepared for their ping down from his seat at the end of this exceedingly proud of my constituent for her flight to a new life. year, this does not end his service to his com- professionalism, dedication and compassion. ‘‘Everyone was jubilant. I was shocked! munity. He has pledged that he will continue Mirah has built an organization that is highly For as long of a day as it was, and as early to serve the community and help make Prince- respected, and it is her determination that led as it started, people were just in the best ton a model for social justice. He will also use to the nationally recognized rescue of animals moods the whole time,’’ Horowitz said. his time away from the council to spend more in Puerto Rico, bringing them to their new The furry passengers were a mix of pets from different circumstances. Some were liv- of it with his wife LaTonya and his three homes in the United States. ing in foster homes before the storm hit, oth- daughters, Kelsey, Ashlyn, and Savannah. I salute Mirah and all the volunteers in- ers were abandoned by their previous owners I urge my colleagues to join me in acknowl- volved in this historic effort. In this unique un- once Hurricane Maria touched down. But it edging the tremendous work of Councilman dertaking, they demonstrated the very best of was the rescuers of PR Animals who were Lance Liverman and to wish him the best in America. caring for these pets before Lucky Dog Ani- his future endeavors. [From People Magazine] mal Rescue and Southwest arrived. And it was these rescuers who were there on the f SOUTHWEST AND LUCKY DOG ANIMAL RESCUE FLY PLANE TO PUERTO RICO TO SAVE 62 ground to greet the volunteers and say their CONGRESSIONAL INTENT FOR H.R. PETS AND DONATE 14,400 LBS. OF SUPPLIES goodbyes. ‘‘It was very emotional; the rescuers put- 620 (By Kelli Bender) ting their dogs in the crates and saying On Saturday Jan. 20, Lucky Dog Animal goodbye to them, because these are animals HON. LAMAR SMITH Rescue and Southwest Airlines drastically they have been caring for through very dif- changed the lives of 62 Puerto Rican ani- ficult and traumatic times—whether they OF TEXAS mals, flying the homeless, furry passengers were caring for them before Maria and IN THE HOUSE OF REPRESENTATIVES up the East Coast to a new life. weathered the storm with these people, Tuesday, March 6, 2018 It was a trip long in the making, powered which were a few of the dogs, or whether by dozens of brilliant, compassionate animal they were rescued in the immediate after- Mr. SMITH of Texas. Mr. Speaker, I sup- lovers, who asked for nothing in return ex- math,’’ Horowitz added. ported H.R. 620, the ADA Education and Re- cept the chance to change an animal’s life. While the rescuers had to say goodbye to form Act last month on the House floor. The Southwest Airlines has a history of helping the animals they sacrificed so much for, they bill will improve compliance with the Ameri- those in need, especially after natural disas- didn’t leave empty-handed. All of the PR ters. So when Washington D.C.-based Lucky Animal rescuers present left in vehicles cans with Disabilities Act (ADA) and curb law- Dog Animal Rescue approached the company suit abuse. H.R. 620 requires the Department packed with donated supplies. Important about flying out homeless pets stranded in items like batteries, bottled water, towels of Justice to develop a program to educate Puerto Rico following the devastation of and tarps were given to the rescuers, more state and local governments and property Hurricane Maria, Southwest responded im- than half of whom are still living without owners on strategies for providing improved mediately. running water and electricity. access to public accommodations for persons ‘‘We had a goal to do something for each of ‘‘It wasn’t about taking the pets off the is- with disabilities. The legislation also gives the hurricanes. The situation in San Juan land, it was about giving hope and physical owners and operators of public accommoda- was a little different because our employees help to people and reminding them that we and their families were affected, and with tions, after receiving written notice of ADA vio- haven’t forgotten them,’’ Horowitz said of the electricity being out, we couldn’t focus the trip’s mission. Once the pets were packed lations, an opportunity to address those viola- on the animals right away,’’ Lisa Tiller, up, they were loaded on to the plane with tions before being sued. Southwest’s Senior Communications Man- their carriers securely strapped into the The bill’s notice and cure provisions apply to ager told PEOPLE. seats. the owners and operators of public accom- But just because they couldn’t fly pets out, You might think a plane packed with 62 modations just like the underlying ADA statute. didn’t mean Southwest wasn’t bringing help pets in the cabin would be a bit of a circus, They are in the best position of control over in. The airline routinely shipped planes load- but there were only a few howls upon land- ed with supplies to the island, much of which the condition of their premises and compliance ing. is still without running water and elec- ‘‘Amazingly during the flight, the hum and with the ADA. It is appropriate that disabled in- tricity. Many of the runs included pet essen- vibration kind of put them all to sleep,’’ dividuals who have been subject to discrimina- tials to help rescuers in Puerto Rico look Horowitz said. tion in violation of the ADA should seek re- after animals. With carriers of kittens and puppies dress from owners and operators. In January, three months after the hurri- aboard, not everyone stayed in their crate This does not affect the ability of owners cane hit, things were finally in a place where during the trip. Horowitz admitted that the and operators to seek indemnity from design Lucky Dog Animal Rescue and Southwest volunteers and flight attendants couldn’t re- and construction entities. However, such intent could put their plan into action. sist getting some quality puppy-holding and For the mutt-filled mission, Southwest kitten-cuddling time in during the trip back. is not meant to authorize direct lawsuits took one of its planes out of service and ‘‘It was great,’’ the Lucky Dog Animals against design and construction entities with staffed it with some of its finest employees, Rescue founder said of the ride back to BWI. or without compliance with notice and cure re- all of whom chose to donate their time to Even the pilots got a chance to hold the quirements on owners and operators under this effort. pups. H.R. 620. The plane’s cargo hold and overhead bins Back on the mainland, the dogs and cats were filled with supplies Puerto Rico’s hu- were loaded into transport vans and driven f mans and animals needed before taking off to Dogma Dog Bakery in Virginia, where a HONORING THE WORK OF MIRAH from Baltimore-Washington International crowd was waiting to welcome the animals, HOROWITZ airport at 5 a.m. on Saturday. including several new pet parents. ‘‘The morning started off with Lucky Dog Nine dogs and two cats were adopted right getting Starbucks for everyone,’’ Lucky Dog off the transport vans by animal lovers who HON. ANNA G. ESHOO Animal Rescue’s founder and Executive Di- had falling in love with the pets’ pictures on- OF CALIFORNIA rector Mirah Horowitz said of the day, which line. began at 3:45 a.m. ‘‘The pilots brought An adoption event the following day found IN THE HOUSE OF REPRESENTATIVES doughnuts. My parents brought doughnuts. homes for 10 more of the Puerto Rican na- Tuesday, March 6, 2018 We had a lot of doughnuts on that flight, a tives. By the end of the weekend, 21 of the 62 lot of sugar.’’ pets were with their forever families. The Ms. ESHOO. Mr. Speaker, I rise today to After three hours and 45 minutes in the air, rest spent some time in foster homes before honor the special leadership of Mirah Horo- the volunteers landed in San Juan and began being moved to local rescues, including witz, the Founder and Executive Director of unloading the 14,400 lbs. of much-needed sup- Lucky Dog Animal Rescue, where they will Lucky Dog Animal Rescue, and include in the plies they brought with them. surely find their own pet parents soon.

VerDate Sep 11 2014 05:13 Mar 07, 2018 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A06MR8.015 E06MRPT1 SSpencer on DSKBBXCHB2PROD with REMARKS March 6, 2018 CONGRESSIONAL RECORD — Extensions of Remarks E267 It was a trip that made sense to South- Connecticut Field Hockey team on yet another Working as an apprentice machinist making west, whose logo is a large heart—even if it successful season. May their win be an exam- gun parts after graduating high school, Joseph meant giving up time and money. ple to all, that with hard work, dedication, and enlisted in the U.S. Coast Guard on Sep- ‘‘We’ve always been an airline that has lead with heart,’’ Tiller said of her company. passion, greatness is within reach. tember 26, 1942. ‘‘It’s hard to find a spare aircraft with more f Following his training and early assign- than 3,500 flights a day. To be able to get our ments, Joseph joined the crew of Landing top leadership to donate time and plane fuel TRIBUTE TO BRIGITTE MARIE Ship Tank 66, and was on board during the to save animals is touching. It’s when our KELLEY first assault against the Japanese-held Borgen employees shine the most are, when people Bay Area of New Britain on December 26, donating time. Everyone is almost in tears HON. KEN CALVERT 1943. because they are so touched to be a part of OF CALIFORNIA Joseph’s ship was in the bay while other this.’’ And for Lucky Dog Animal Rescue, this IN THE HOUSE OF REPRESENTATIVES vessels unloaded cargo onto the beach when seven Japanese dive bombers attacked his trip was another small but important step to Tuesday, March 6, 2018 finding loving homes for all the needy ani- ship. He immediately manned his battle station mals of the world. Mr. CALVERT. Mr. Speaker, I rise today to and was the first crew member to return fire The non-profit plans to continue helping honor and pay tribute to Brigitte ‘‘Brig’’ Kelley, against the enemy. the pets of Puerto Rico and is working to who passed away in California on December Joseph opened fire, unloading his drums of send more animals to the mainland through 10, 2017. Brig was the loving wife of former ammunition into the dive bombers, blasting the pressurized cargo holds of United Air- California State Senator David G. Kelley and two from the sky while bombs fell from the lines planes, because caring for animals is a she will be deeply missed. way to help everyone. planes, striking his ship. He continued his as- ‘‘When we lose sight of how we treat ani- Brig was born in Potsdam, Germany, a sub- sault against the enemy planes until he was mals, we tend to lose sight of our human- urb of Berlin, to Dr. Herman-Walter Frey and struck by a blast that fatally wounded him and ity,’’ Horowitz said of what the trip meant to Marie Frey-Richter on Nov. 20, 1926. She destroyed his battle station. her. ‘‘We can’t forget the pets.’’ spent her youth in Berlin, Germany; Salzburg, The American assault at Borgen Bay was f Austria; Rome, Italy; and Freiburg, Germany. successful, due in part to Joseph’s courage, She studied English at the University of Frei- perseverance, and unwavering strength in the CONGRATULATING THE UCONN burg and in 1948 she received a Quaker face of tremendous odds. Joseph was recog- FIELD HOCKEY TEAM ON THEIR Scholarship to attend Mills College in Oakland, nized for his sacrifice, posthumously awarded HISTORIC NATIONAL CHAMPION- California. the Silver Star, Purple Heart, and the Presi- SHIP Brig spent two years in the United States dential Unit Commendation. and upon her return met David, her husband This weekend, on March 9th, 2018, the HON. JOE COURTNEY to be. They married in 1953 and returned to Coast Guard will commission a Fast Re- OF CONNECTICUT Hemet in 1955 to settle on their citrus ranch sponse Cutter in Honolulu, Hawaii. The cutter IN THE HOUSE OF REPRESENTATIVES in Bautista Canyon. Brig taught German in will be named USCGC Joseph Gerczak. Jo- Adult Continuing Education and Spanish at Mt. Tuesday, March 6, 2018 seph’s sister and only surviving sibling, 92- San Jacinto Junior College. She loved col- year-old Stella Gerczak, will be in attendance Mr. COURTNEY. Mr. Speaker, today I rise lecting art and antiques—in particular Spanish at the ship’s commissioning. Stella lives in my to honor the latest achievement of the Univer- and religious art—and enjoyed traveling all community, and we owe her, Joseph, and sity of Connecticut Women’s Field Hockey over the world. their entire family a debt of gratitude we will team. On Sunday, November 19, 2017, the I have had the distinct privilege of knowing never be able to fully repay. UConn women celebrated a 2–1 win over the Brig for many years. I was proud to call her The commissioning of the USCGC Joseph University of Maryland in the National Colle- my friend and I will deeply miss her. I extend Gerczak is just one way we can show our giate Athletic Association’s Division I Field my heartfelt condolences to my good friend heartfelt and lasting gratitude for a brave Hockey championship. The victory marked the Dave Kelley as well as the entire Kelley fam- young man who gave his life in service to our 23rd straight win of the Huskies’ historic ily. Although Brig may be gone, her legacy great nation. undefeated season. and memory will live on. The championship is the fifth in UConn field f f hockey history, and caps the sixth perfect sea- son in all of NCAA field hockey history. The HONORING JOSEPH GERCZAK PERSONAL EXPLANATION team’s senior class is also the most success- ful in the school’s history, with a record of 87– HON. LLOYD SMUCKER HON. SEAN P. DUFFY 6 and a pair of national championships. OF PENNSYLVANIA OF WISCONSIN The victory was Coach Nancy Stevens’ third IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES championship title. Stevens, who is field hock- ey’s winningest coach, has brought much suc- Tuesday, March 6, 2018 Tuesday, March 6, 2018 cess to UConn. In the past five seasons alone Mr. SMUCKER. Mr. Speaker, today I honor Mr. DUFFY. Mr. Speaker, on Monday, under Stevens, UConn has won three of those and remember one of Pennsylvania’s sons, March 5, 2018 I missed the following votes five national championship titles. and a native of Philadelphia, United States and was not recorded. Had I been present, I Mr. Speaker, I ask my colleagues to please Coast Guard Signalman Third Class Joseph would have voted YEA on Roll Call No. 92, join me in congratulating the University of Gerczak. and YEA on Roll Call No. 93.

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D226

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Conn, USN, Director, Air Warfare, Office of the Committee Meetings Chief of Naval Operations (OPNAV N98), all of the (Committees not listed did not meet) Department of Defense. BUSINESS MEETING NOMINATION Committee on Armed Services: Committee ordered favor- Committee on Energy and Natural Resources: Committee ably reported 1 nomination in the Army, and the concluded a hearing to examine the nomination of nomination of Brent K. Park, of Tennessee, to be James Reilly, of Colorado, to be Director of the Deputy Administrator for Defense Nuclear Non- United States Geological Survey, Department of the proliferation, National Nuclear Security Administra- Interior, after the nominee, who was introduced by tion. Senator Gardner, testified and answered questions in WORLDWIDE THREATS his own behalf. Committee on Armed Services: Committee concluded a PROTECTING E-COMMERCE CONSUMERS hearing to examine worldwide threats, after receiving Committee on Finance: Committee concluded a hearing testimony from Daniel R. Coats, Director of Na- to examine protecting e-commerce consumers from tional Intelligence; and Lieutenant General Robert P. counterfeits, after receiving testimony from Kim- Ashley, Jr., USA, Director, Defense Intelligence berly Gianopoulos, Director, International Affairs Agency, Department of Defense. and Trade, Government Accountability Office; Bren- DEFENSE AUTHORIZATION REQUEST AND da Smith, Executive Assistant Commissioner, Office FUTURE YEARS DEFENSE PROGRAM of Trade, Customs and Border Protection, Depart- Committee on Armed Services: Subcommittee on ment of Homeland Security; Jim Joholske, Director, SeaPower concluded a hearing to examine Navy and Office of Import Surveillance, Consumer Product Marine Corps aviation programs in review of the De- Safety Commission; and Terrence R. Brady, Under- fense Authorization Request for fiscal year 2019 and writers Laboratories Inc., Northbrook, Illinois. the Future Years Defense Program, after receiving testimony from Vice Admiral Paul A. Grosklags, INTELLIGENCE USN, Commander, Naval Air Systems Command, Select Committee on Intelligence: Committee met in Lieutenant General Steven R. Rudder, USMC, Dep- closed session to receive a briefing on certain intel- uty Commandant for Aviation, Headquarters United ligence matters from officials of the intelligence States Marine Corps, and Rear Admiral Scott D. community. h House of Representatives business models of institutions into account when Chamber Action taking regulatory actions, and for other purposes (H. Public Bills and Resolutions Introduced: 18 pub- Rept. 115–588); and lic bills, H.R. 5171–5188; 1 private bill, H.R. H.R. 4545, to amend the Federal Financial Insti- 5189; and 2 resolutions, H. Res. 764–765, were in- tutions Examination Council Act of 1978 to improve troduced. Pages H1440–41 the examination of depository institutions, and for Additional Cosponsors: Pages H1442–43 other purposes (H. Rept. 115–589). Page H1440 Reports Filed: Reports were filed today as follows: Speaker: Read a letter from the Speaker wherein he H.R. 4986, to amend the Communications Act of appointed Representative Harper to act as Speaker 1934 to reauthorize appropriations for the Federal pro tempore for today. Page H1375 Communications Commission, to provide for certain Recess: The House recessed at 10:38 a.m. and re- procedural changes to the rules of the Commission convened at 12 noon. Page H1379 to maximize opportunities for public participation and efficient decisionmaking, and for other purposes, Moment of Silence: The House observed a moment with an amendment (H. Rept. 115–587, Part 1); of silence in honor of those who have been killed or H.R. 1116, to require the Federal financial insti- wounded in service to our country and all those who tutions regulatory agencies to take risk profiles and serve and their families. Page H1379

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Suspensions: The House agreed to suspend the rules traits of officers and employees of the Federal Gov- and pass the following measures: ernment, and for other purposes.’’. Page H1419 Portfolio Lending and Mortgage Access Act: H.R. Comprehensive Regulatory Review Act: The 2226, amended, to amend the Truth in Lending Act House passed H.R. 4607, to amend the Economic to provide a safe harbor from certain requirements Growth and Regulatory Paperwork Reduction Act of related to qualified mortgages for residential mort- 1996 to ensure that Federal financial regulators per- gage loans held on an originating depository institu- form a comprehensive review of regulations to iden- tion’s portfolio; Pages H1389–93 tify outdated or otherwise unnecessary regulatory re- quirements imposed on covered persons, by a yea- Community Bank Reporting Relief Act: H.R. and-nay vote of 264 yeas to 143 nays, Roll No. 95. 4725, to amend the Federal Deposit Insurance Act Pages H1382–89, H1420–21 to require short form call reports for certain deposi- Rejected the Clark (MA) motion to recommit the tory institutions; Pages H1393–95 bill to the Committee on Financial Services with in- National Strategy for Combating the Financing structions to report the same back to the House of Transnational Criminal Organizations Act: forthwith with an amendment, by a yea-and-nay vote H.R. 4768, amended, to require the President to de- of 182 yeas to 228 nays, Roll No. 94. Pages H1419–20 velop a national strategy to combat the financial net- Pursuant to the Rule, an amendment in the na- works of transnational organized criminals; ture of a substitute consisting of the text of Rules Pages H1395–98 Committee Print 115–61, modified by the amend- ment printed in part B of H. Rept. 115–582, shall Federal Communications Commission Reauthor- be considered as adopted. Page H1382 ization Act of 2018: H.R. 4986, amended, to amend H. Res. 747, the rule providing for consideration the Communications Act of 1934 to reauthorize ap- of the bills (H.R. 4296) and (H.R. 4607) was agreed propriations for the Federal Communications Com- to Tuesday, February 27th. mission, to provide for certain procedural changes to the rules of the Commission to maximize opportuni- Committee Resignation: Read a letter from Rep- ties for public participation and efficient decision- resentative Demings wherein she resigned from the Committee on Oversight and Government Reform. making; Pages H1398–S1414 Page H1421 Agreed to amend the title so as to read: ‘‘To amend the Communications Act of 1934 to reau- Committee Elections: The House agreed to H. Res. thorize appropriations for the Federal Communica- 764, electing Members to a certain standing com- tions Commission, and for other purposes’’; mittee of the House of Representatives. Page H1421 Page H1414 Quorum—Calls Votes: Two yea-and-nay votes de- Political Appointee Burrowing Prevention Act: veloped during the proceedings of today and appear H.R. 1132, amended, to amend title 5, United on pages H1419–20 and H1420–21. There were no States Code, to provide for a 2-year prohibition on quorum calls. employment in a career civil service position for any Adjournment: The House met at 10 a.m. and ad- former political appointee; Pages H1414–16 journed at 7:01 p.m. Social Media Use in Clearance Investigations Act: H.R. 3737, to provide for a study on the use Committee Meetings of social media in security clearance investigations; APPROPRIATIONS—DEPARTMENT OF Pages H1416–17 LABOR Whistleblower Protection Extension Act: H.R. Committee on Appropriations: Subcommittee on Labor, 4043, amended, to amend the Inspector General Act Health and Human Services, Education, and Related of 1978 to reauthorize the whistleblower protection Agencies held a budget hearing on the Department program; and Pages H1417–18 of Labor. Testimony was heard from Alexander Eliminating Government-funded Oil-painting Acosta, Secretary, Department of Labor. Act: S. 188, amended, to prohibit the use of Federal APPROPRIATIONS—DEPARTMENT OF THE funds for the costs of painting portraits of officers TREASURY and employees of the Federal Government; Committee on Appropriations: Subcommittee on Finan- Pages H1418–19 cial Services and General Government held a budget Agreed to amend the title so as to read: ‘‘To hearing on the Department of the Treasury. Testi- amend title 31, United States Code, to prohibit the mony was heard from Steven Mnuchin, Secretary, use of Federal funds for the costs of painting por- Department of the Treasury.

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Rajkovich, Jr., of Kentucky, to be a Member Committee on Transportation and Infrastructure: Full of the Federal Mine Safety and Health Review Commis- Committee held a hearing entitled ‘‘Examining the sion, and other pending nominations, Time to be an- Administration’s Infrastructure Proposal’’. Testimony nounced, Room to be announced. was heard from Elaine Chao, Secretary, Department Committee on Homeland Security and Governmental Affairs: of Transportation. to continue a business meeting to consider H.R. 2825, to amend the Homeland Security Act of 2002 to make certain improvements in the laws administered by the Joint Meetings Secretary of Homeland Security, 10 a.m., SD–342. VETERANS SERVICE ORGANIZATIONS Committee on the Judiciary: to hold hearings to examine LEGISLATIVE PRESENTATION the nominations of John B. Nalbandian, of Kentucky, to Committee on Veterans’ Affairs: Senate Committee on be United States Circuit Judge for the Sixth Circuit, Kari Veterans’ Affairs concluded a joint hearing with the A. Dooley, to be United States District Judge for the District of Connecticut, Dominic W. Lanza, to be United House Committee on Veterans’ to examine the legis- States District Judge for the District of Arizona, Jill Aiko lative presentation of multiple veterans service orga- Otake, to be United States District Judge for the District nizations, after receiving testimony from David of Hawaii, and Joseph H. Hunt, of Maryland, to be an Zurfluh, Paralyzed Veterans of America, Tacoma, Assistant Attorney General, Department of Justice, 10 Washington; Marion Polk, American Veterans a.m., SD–226. (AMVETS), and Vincent W. Patton III, Non Com- Subcommittee on Oversight, Agency Action, Federal missioned Officers Association of the United States Rights and Federal Courts, to hold hearings to examine of America, both of Alexandria, Virginia; John small business bankruptcy, focusing on assessing the sys- Rowan, Vietnam Veterans of America, Middle Vil- tem, 2:30 p.m., SD–226. lage, New York; Charles A. Susino, American Ex- Committee on Veterans’ Affairs: to hold a joint hearing Prisoners of War, Metuchen, New Jersey; Melissa with the House Committee on Veterans’ Affairs to exam- Bryant, Iraq and Afghanistan Veterans of America, ine the legislative presentation of the Veterans of Foreign and Rene C. Bardorf, Wounded Warrior Project, Wars of the United States, 10 a.m., SD–G50. both of Washington, D.C.; Rear Admiral Chris- Select Committee on Intelligence: to hold hearings to exam- topher Cole, USN (Ret.), Association of the United ine security clearance reform, 9:30 a.m., SD–106. States Navy, Vienna, Virginia; and Roy Robinson, Special Committee on Aging: to hold hearings to examine National Guard Association of the United States, stopping senior scams, 1 p.m., SD–562. Meridian, Mississippi. House f Committee on Appropriations, Subcommittee on Agri- COMMITTEE MEETINGS FOR WEDNESDAY, culture, Rural Development, Food and Drug Administra- MARCH 7, 2018 tion, and Related Agencies, budget hearing on the Com- (Committee meetings are open unless otherwise indicated) modity Futures Trading Commission, 10 a.m., 2362–A Rayburn. Senate Subcommittee on Defense, budget hearing on the Navy Committee on the Budget: to hold hearings to examine and Marine Corps, 10 a.m., H–140 Capitol. Department of Defense audit and business operations re- Committee on Armed Services, Full Committee, hearing form at the Pentagon, 10:30 a.m., SD–608. entitled ‘‘Assessing Military Service Acquisition Reform’’, Committee on Foreign Relations: to hold hearings to exam- 10 a.m., 2118 Rayburn. ine the nominations of Joseph E. Macmanus, of New Subcommittee on Tactical Air and Land Forces, hear- York, to be Ambassador to the Republic of Colombia, ing entitled ‘‘The F–35 Joint Strike Fighter (JSF) Light- Marie Royce, of California, to be an Assistant Secretary ning II Program’’, 2 p.m., 2212 Rayburn. (Educational and Cultural Affairs), Robin S. Bernstein, of Subcommittee on Strategic Forces, hearing entitled Florida, to be Ambassador to the Dominican Republic, ‘‘U.S. Strategic Forces Posture and the Fiscal Year 2019 and Edward Charles Prado, of Texas, to be Ambassador Budget Request’’, 3:30 p.m., 2118 Rayburn. to the Argentine Republic, all of the Department of Committee on the Budget, Full Committee, hearing enti- State, 2:30 p.m., SD–419. tled ‘‘Member’s Day Hearing on Oversight of the Con- Committee on Health, Education, Labor, and Pensions: busi- gressional Budget Office’’, 10:30 a.m., 1334 Longworth. ness meeting to consider the nominations of John F.

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Committee on Energy and Commerce, Subcommittee on Committee on Natural Resources, Full Committee, markup Digital Commerce and Consumer Protection, hearing en- on H.R. 520, the ‘‘National Strategic and Critical Min- titled ‘‘Review of Emerging Tech’s Impact on Retail Op- erals Production Act’’; H.R. 4731, to extend the retained erations and Logistics’’, 10 a.m., 2123 Rayburn. use estate for the Caneel Bay resort in St. John, United Subcommittee on Environment, hearing entitled ‘‘The States Virgin Islands, and for other purposes; and H.R. Future of Transportation Fuels and Vehicles’’, 10:15 a.m., 5133, the ‘‘Federal Land Transaction Facilitation Act Re- 2322 Rayburn. authorization of 2018’’, 10:15 a.m., 1324 Longworth. Committee on Financial Services, Subcommittee on Hous- Committee on Oversight and Government Reform, Sub- ing and Insurance, hearing on H.R. 5059, the ‘‘State In- committee on Information Technology, hearing entitled surance Regulation Preservation Act’’, 10 a.m., 2128 ‘‘Game Changers: Artificial Intelligence Part II, Artificial Rayburn. Intelligence and the Federal Government’’, 2 p.m., 2154 Subcommittee on Financial Institutions and Consumer Rayburn. Credit, hearing entitled ‘‘Legislative Proposals to Reform Committee on Science, Space, and Technology, Subcommittee the Current Data Security and Breach Notification Regu- on Space, hearing entitled ‘‘An Overview of the National latory Regime’’, 2 p.m., 2128 Rayburn. Aeronautics and Space Administration Budget for Fiscal Committee on Foreign Affairs, Subcommittee on Africa, Year 2019’’, 10 a.m., 2318 Rayburn. Global Health, Global Human Rights, and International Committee on Small Business, Full Committee, hearing Organizations, hearing entitled ‘‘China in Africa: The entitled ‘‘Regulatory Reform and Rollback: The Effects New Colonialism?’’, 2 p.m., 2172 Rayburn. on Small Businesses’’, 2 p.m., 2360 Rayburn. Committee on Homeland Security, Full Committee, mark- Committee on Transportation and Infrastructure, Sub- up on H.R. 4176, the ‘‘Air Cargo Security Improvement committee on Highways and Transit, hearing entitled Act of 2017’’; H.R. 4227, the ‘‘Vehicular Terrorism Pre- ‘‘Building a 21st Century Infrastructure for America: vention Act of 2017’’; H.R. 4467, the ‘‘Strengthening Long-Term Funding for Highways and Transit Pro- Aviation Security Act of 2017’’; H.R. 4627, the ‘‘Shield- grams’’, 10 a.m., 2167 Rayburn. ing Public Spaces from Vehicular Terrorism Act’’; H.R. Subcommittee on Coast Guard and Maritime Transpor- 5074, the ‘‘DHS Cyber Incident Response Teams Act’’; tation, hearing entitled ‘‘Implementation of Coast Guard H.R. 5079, the ‘‘DHS Field Engagement Accountability Programs’’, 2 p.m., 2167 Rayburn. Act’’; H.R. 5081, the ‘‘Surface Transportation Security Committee on Veterans’ Affairs, Subcommittee on Over- and Technology Accountability Act of 2018’’; H.R. 5089, sight and Investigations, hearing on H.R. 3497, the the ‘‘Strengthening Local Transportation Security Capa- ‘‘Modernization of Medical Records Access for Veterans bilities Act of 2018’’; H.R. 5094, the ‘‘Enhancing Sus- Act of 2017’’; H.R. 4245, the ‘‘Veterans’ Electronic picious Activity Reporting Initiative Act’’; H.R. 5099, Health Record Modernization Oversight Act of 2017’’; the ‘‘Enhancing DHS’ Fusion Center Technical Assistance legislation on purchase card misuse; and legislation on Program’’; and H.R. 5131, the ‘‘Surface Transportation the Medical Surgical Prime Vendor program, 2 p.m., 334 Security Improvement Act of 2018’’, 10:30 a.m., Cannon. HVC–210. Committee on Ways and Means, Subcommittee on Social Subcommittee on Cybersecurity and Infrastructure Pro- Security, hearing entitled ‘‘Lacking a Leader: Challenges tection; and Subcommittee on Oversight and Manage- Facing the SSA after over 5 Years of Acting Commis- ment Efficiency, joint hearing entitled ‘‘Examining DHS’ sioners’’, 10 a.m., 1100 Longworth. Efforts to Strengthen its Cybersecurity Workforce’’, 2 p.m., HVC–210. Joint Meetings Committee on House Administration, Full Committee, Joint Hearing: Senate Committee on Veterans’ Affairs, business meeting on Committee Resolution 115–9, to al- to hold a joint hearing with the House Committee on locate funds from the Committee reserve fund, 1 p.m., Veterans’ Affairs to examine the legislative presentation of 1310 Longworth. the Veterans of Foreign Wars of the United States, 10 Committee on the Judiciary, Full Committee, markup on a.m., SD–G50. H.R. 2152, the ‘‘Citizens’ Right to Know Act of 2017’’, Joint Economic Committee: to hold hearings to examine 10 a.m., 2141 Rayburn. the Economic Report of the President, 2 p.m., SH–216.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 7 10 a.m., Wednesday, March 7

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of H.R. ation of the motion to proceed to consideration of S. 1917—Blocking Regulatory Interference from Closing 2155, Economic Growth, Regulatory Relief, and Con- Kilns Act (Subject to a Rule). Begin consideration of sumer Protection Act, post-cloture. H.R. 1119—Satisfying Energy Needs and Saving the En- vironment Act (Subject to a Rule).

Extensions of Remarks, as inserted in this issue

HOUSE Duffy, Sean, P., Wisc., E267 O’Rourke, Beto, Tex., E265 Eshoo, Anna G., Calif., E263, E266 Sessions, Pete, Tex., E263 Blumenauer, Earl, Ore., E265 Gutie´rrez, Luis V., Ill., E263 Simpson, Michael K., Idaho, E264 Brat, Dave, Va., E263 Huizenga, Bill, Mich., E263 Smith, Lamar, Tex., E266 Calvert, Ken, Calif., E267 Long, Billy, Mo., E265 Smucker, Lloyd, Pa., E267 Costello, Ryan A., Pa., E265 McGovern, James P., Mass., E264 Walz, Timothy J., Minn., E264 Courtney, Joe, Conn., E267 Messer, Luke, Ind., E264 DeSaulnier, Mark, Calif., E264 Moore, Gwen, Wisc., E264 Watson Coleman, Bonnie, N.J., E265

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