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

Vol. 163 WASHINGTON, TUESDAY, SEPTEMBER 5, 2017 No. 142 House of Representatives The House met at 2 p.m. and was last day’s proceedings and announces that DACA and other programs that called to order by the Speaker pro tem- to the House her approval thereof. draw those across our borders illegally pore (Ms. FOXX). Pursuant to clause 1, rule I, the Jour- have contributed to those crises. I sup- f nal stands approved. port the President. We should end DACA. DESIGNATION OF THE SPEAKER f f PRO TEMPORE PLEDGE OF ALLEGIANCE DACA The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the ´ fore the House the following commu- gentleman from Florida (Mr. GAETZ) (Ms. BARRAGAN asked and was nication from the Speaker: come forward and lead the House in the given permission to address the House WASHINGTON, DC, Pledge of Allegiance. for 1 minute and to revise and extend September 5, 2017. her remarks.) Mr. GAETZ led the Pledge of Alle- ´ I hereby appoint the Honorable VIRGINIA giance as follows: Ms. BARRAGAN. Madam Speaker, I FOXX to act as Speaker pro tempore on this rise today because I am fired up. I am day. I pledge allegiance to the Flag of the angry about the decision that the United States of America, and to the Repub- PAUL D. RYAN, President made today on DACA. Speaker of the House of Representatives. lic for which it stands, one nation under God, indivisible, with liberty and justice for all. I want to thank the thousands of peo- f ple who have risen up across this coun- f PRAYER try—from Houston, to Philly, to Los DACA Angeles, to Denver—to say that they The Chaplain, the Reverend Patrick (Mr. GAETZ asked and was given per- are going to have their voices heard. J. Conroy, offered the following prayer: They need to continue to sound that Dear Lord, we give You thanks for mission to address the House for 1 minute and to revise and extend his re- voice. giving us another day. What about the promise the govern- marks.) In the wake of a great American holi- ment made to these young people that Mr. GAETZ. Madam Speaker, I take day, we ask Your special blessing on said: If you come forward and come out to the floor of the House today to sup- American workers: those fortunate to of the shadows, we are going to protect port President Trump’s decision as it have jobs during these difficult eco- your information? What about that relates to DACA. nomic times, and those desiring work. promise? May they know and be confident of the America must be a nation of laws, I want every DREAMer to know that nobility and sacredness of their labor. and those laws must be passed by the I stand with them and that I am going Lord, the task facing the Nation’s Congress. This is the promise made in to fight like hell here in Congress to Congress is a difficult one, which will our Constitution and ensured by our make sure that we protect them and to call upon each Member to consider enduring liberty. President Obama was make sure that we honor the promise what is best for American workers incorrect to unilaterally act in this that we made. These people are our first. It is the challenge facing all program; President Trump is correct to doctors, our teachers, our neighbors, Americans. put the power back in the hands of the and, in my case, my cousin. Give the Members wisdom in their people’s representatives. I call on Congress and my colleagues work, that our economy might con- America must also be a nation of bor- across the aisle who have been speak- tinue to rebound, and our countrymen ders, and we erode the virtue and value ing up on this issue in support of DACA and -women throughout these United of those borders when we draw people protections to do more than speak, and States be able to provide for their fam- across those borders illegally. There is to act—to act now and to act fast. nothing compassionate about telling ilies to build lives we have all come to f expect for our citizens. the rest of the world that, so long as a May all that is done this day be for child arrives here, that child will be CONGRESS SHOULD MAKE Your greater honor and glory. treated as if they have the same vir- IMMIGRATION POLICIES Amen. tues and values of American citizens, if (Mr. SMITH of Texas asked and was f they committed the criminal offense of given permission to address the House unlawful entry into the country. for 1 minute and to revise and extend THE JOURNAL Challenges we have seen with un- his remarks.) The SPEAKER pro tempore. The documented minors being sent has cre- Mr. SMITH of Texas. Madam Speak- Chair has examined the Journal of the ated humanitarian crises, and I believe er, today President Trump delivered on

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 02:42 Sep 06, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A05SE7.000 H05SEPT1 H6634 CONGRESSIONAL RECORD — HOUSE September 5, 2017 his promise to the American people. He ANNOUNCEMENT BY THE SPEAKER ‘‘(iv) POST-SEIZURE HEARING.—If a person said he would discontinue the DACA PRO TEMPORE with a property interest in property seized pur- suant to subparagraph (A) by the Internal Rev- immigration program, which allows The SPEAKER pro tempore. Pursu- hundreds of thousands of illegal immi- enue Service requests a hearing by a court of ant to clause 8 of rule XX, the Chair competent jurisdiction within 30 days after the grants to stay in the country and re- will postpone further proceedings date on which notice is provided under sub- ceive work permits. today on motions to suspend the rules clause (ii), such property shall be returned un- By ending the unconstitutional on which a recorded vote or the yeas less the court holds an adversarial hearing and DACA program, he has overturned the and nays are ordered, or on which the finds within 30 days of such request (or such last of President Obama’s amnesty vote incurs objection under clause 6 of longer period as the court may provide, but only agenda and returned to the rule of law. on request of an interested party) that there is rule XX. probable cause to believe that there is a viola- President Obama, a former constitu- The House will resume proceedings tional law professor, said many times tion of section 5324 involving such property and on postponed questions at a later time. probable cause to believe that the property to be that DACA was unconstitutional. f seized was derived from an illegal source or the Congress and the administration funds were structured for the purpose of con- should strengthen our laws against il- RESTRAINING EXCESSIVE SEIZURE cealing the violation of a criminal law or regu- legal immigration and ensure that our OF PROPERTY THROUGH THE lation other than section 5324.’’. immigration policies put unemployed EXPLOITATION OF CIVIL ASSET SEC. 3. EXCLUSION OF INTEREST RECEIVED IN Americans first. The U.S. labor partici- FORFEITURE TOOLS ACT ACTION TO RECOVER PROPERTY pation rate is at a 40-year low. SEIZED BY THE INTERNAL REVENUE Mr. ROSKAM. Mr. Speaker, I move SERVICE BASED ON STRUCTURING President Trump is right to dis- to suspend the rules and pass the bill TRANSACTION. continue the DACA program and let (H.R. 1843) to amend title 31, United (a) IN GENERAL.—Part III of subchapter B of Congress address immigration policies, States Code, to prohibit the Internal chapter 1 of the Internal Revenue Code of 1986 including securing the border. Revenue Service from carrying out sei- is amended by inserting before section 140 the following new section: f zures relating to a structuring trans- ‘‘SEC. 139G. INTEREST RECEIVED IN ACTION TO EDUCATION FUNDING action unless the property to be seized RECOVER PROPERTY SEIZED BY THE derived from an illegal source or the INTERNAL REVENUE SERVICE BASED (Mr. MARSHALL asked and was funds were structured for the purpose ON STRUCTURING TRANSACTION. given permission to address the House of concealing the violation of another ‘‘Gross income shall not include any interest for 1 minute.) received from the Federal Government in con- criminal law or regulation, to require Mr. MARSHALL. Madam Speaker, I nection with an action to recover property notice and a post-seizure hearing for rise today to discuss education: the seized by the Internal Revenue Service pursuant such seizures, and for other purposes, building block to a successful future. to section 5317(c)(2) of title 31, United States As a father and, now, a grandfather as amended. Code, by reason of a claimed violation of section 5324 of such title.’’. for the second time, I know our edu- The Clerk read the title of the bill. The text of the bill is as follows: (b) CLERICAL AMENDMENT.—The table of sec- cation system is of the utmost impor- tions for part III of subchapter B of chapter 1 H.R. 1843 tance. Education is truly one of the pil- of such Code is amended by inserting before the lars of my life. Be it enacted by the Senate and House of Rep- item relating to section 140 the following new I am a strong advocate for limiting resentatives of the United States of America in item: the scope of the Federal Government in Congress assembled, ‘‘Sec. 139G. Interest received in action to recover education decisions. Our school boards SECTION 1. SHORT TITLE. property seized by the Internal and teachers understand what works This Act may be cited as the ‘‘Clyde-Hirsch- Revenue Service based on struc- Sowers RESPECT Act’’ or the ‘‘Restraining Ex- turing transaction.’’. best for these individual students, and cessive Seizure of Property through the Exploi- (c) EFFECTIVE DATE.—The amendments made providing them control to make their tation of Civil Asset Forfeiture Tools Act’’. by this section shall apply to interest received own decisions ensures the best results SEC. 2. INTERNAL REVENUE SERVICE SEIZURE on or after the date of the enactment of this Act. for our students. REQUIREMENTS WITH RESPECT TO The SPEAKER pro tempore. Pursu- I am encouraged to see the House re- STRUCTURING TRANSACTIONS. ant to the rule, the gentleman from Il- tain and increase many of the Federal Section 5317(c)(2) of title 31, United States linois (Mr. ROSKAM) and the gentleman Code, is amended— funding levels for education, including from Massachusetts (Mr. NEAL) each funding for career and technical edu- (1) by striking ‘‘Any property’’ and inserting the following: will control 20 minutes. cation State grants. I am very pleased ‘‘(A) IN GENERAL.—Any property’’; and The Chair recognizes the gentleman to see Congress increase funding for (2) by adding at the end the following: from Illinois. IDEA, the Individuals with Disabilities ‘‘(B) INTERNAL REVENUE SERVICE SEIZURE RE- GENERAL LEAVE Education Act, by $200 million. QUIREMENTS WITH RESPECT TO STRUCTURING Mr. ROSKAM. Mr. Speaker, I ask I urge my colleagues to also talk to TRANSACTIONS.— unanimous consent that all Members their local teachers, administrators, ‘‘(i) PROPERTY DERIVED FROM AN ILLEGAL have 5 legislative days within which to and students to see what works and SOURCE.—Property may only be seized by the Internal Revenue Service pursuant to subpara- revise and extend their remarks and in- what doesn’t. clude extraneous material for H.R. Educating the next generation is one graph (A) by reason of a claimed violation of section 5324 if the property to be seized was de- 1843, currently under consideration. of the most sacred responsibilities, and rived from an illegal source or the funds were The SPEAKER pro tempore. Is there I thank those like I met with who dedi- structured for the purpose of concealing the vio- objection to the request of the gen- cate their lives to that cause. lation of a criminal law or regulation other than tleman from Illinois? f section 5324. There was no objection. ‘‘(ii) NOTICE.—Not later than 30 days after RECESS Mr. ROSKAM. Mr. Speaker, I yield property is seized by the Internal Revenue Serv- myself such time as I may consume. The SPEAKER pro tempore. Pursu- ice pursuant to subparagraph (A), the Internal Mr. Speaker, if a person deposits ant to clause 12(a) of rule I, the Chair Revenue Service shall— ‘‘(I) make a good faith effort to find all per- $10,000 or more into a financial institu- declares the House in recess until ap- tion, that institution must submit a proximately 5 p.m. today. sons with an ownership interest in such prop- erty; and currency transaction report to the Accordingly (at 2 o’clock and 8 min- ‘‘(II) provide each such person with a notice Treasury Department. Avoiding this utes p.m.), the House stood in recess. of the seizure and of the person’s rights under reporting requirement by purposefully f clause (iv). staying below the $10,000 limit is a Fed- ‘‘(iii) EXTENSION OF NOTICE UNDER CERTAIN b 1700 eral crime known as structuring. CIRCUMSTANCES.—The Internal Revenue Service Structuring was made illegal in 1986 AFTER RECESS may apply to a court of competent jurisdiction to prevent large-scale criminal enter- for one 30-day extension of the notice require- The recess having expired, the House ment under clause (ii) if the Internal Revenue prises, terrorists, and money was called to order by the Speaker pro Service can establish probable cause of an immi- launderers from hiding their illegally tempore (Mr. DUNCAN of Tennessee) at nent threat to national security or personal earned money from authorities by con- 5 p.m. safety necessitating such extension. sistently depositing just shy of that

VerDate Sep 11 2014 02:42 Sep 06, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K05SE7.003 H05SEPT1 September 5, 2017 CONGRESSIONAL RECORD — HOUSE H6635 $10,000 limit. This makes complete sioner Koskinen apologized to the vic- will seize funds of taxpayers where the sense. tims of this practice on behalf of his money is being deposited from an ille- When structuring is believed to have agency. In fact, a year later, he gal source. H.R. 1843 codifies this pol- occurred, the Internal Revenue Service changed the IRS procedures to restrict icy change, excludes interest received can use its civil asset forfeiture au- the use of civil asset forfeiture cases in by taxpayers on the return of seized thority to seize funds and force the which the money was earned illegally, property from tax, and provides notice owner of the funds to prove that they a commonsense decision that we will and hearing rights to taxpayers. were obtained legally. Let me tell you, codify with this legislation. The IRS, however, is only one side of I am not laying awake at night, and I am also heartened to say that in the issue. United States Attorney Gen- neither are my colleagues here, wor- March of this year, the IRS finished its eral Jeff Sessions also must act to rying about terrorists and mobsters process of reviewing all 454 contested right this wrong against these small not being able to get access to their cases that occurred before the rule business owners. The IRS referred 255 money. So far, so good. The law makes change. The agency either returned or petitions to the Department of Justice sense. recommended that the Department of from small business owners seeking the But now let me tell you about some- Justice return approximately 80 per- return of their property. As of June body who had their money seized by cent of those funds. The IRS returned 2017, the Department still had over 180 the IRS. Andrew Clyde served three over $6 million to honest Americans petitions to review. The Department of combat tours in Iraq, and then he came who were victims of this government Justice should and must work faster. home and opened a store in Georgia. overreach. I thank Congressman ROSKAM, my Mr. Clyde had an insurance policy While the IRS returned over $6 mil- friend; and the Democrat lead cospon- that only covered up to $10,000 in off- lion, they have also recommended that sor, my friend as well, Congressman premise losses. So, like any reasonable the Department of Justice return a JOE CROWLEY, for their hard work on person, Mr. Clyde never brought more whopping $16 million. Unfortunately, this legislation; and also the ranking than $10,000 in cash with him when he the Department of Justice still has a member of the Oversight Committee, made his nightly deposits. The IRS long way to go in tackling the backlog JOHN LEWIS, for his leadership on this seized $950,000 from him. of undecided cases. We will be address- issue. Now, just marinate in that for a ing this issue with an amendment in In closing, I want to take a look at minute, Mr. Speaker. Imagine trying the upcoming appropriations bill. how the position taken by the IRS and to run your business, and one day the Mr. Speaker, in closing, Americans the Department of Justice affected a Federal Government comes in and deserve a government that they can small bakery in Connecticut. For al- takes away all of your money. You trust. I look forward to working with most 100 years—three generations—the my colleagues to pass this legislation don’t know why, but it is just gone. Vocatura family has operated a bakery to prevent future victims of abusive You would assume that the IRS would in Norwich, Connecticut. They sell civil asset forfeiture practices, and then talk to Mr. Clyde, hear his ration- sandwiches and fresh bread, lots of low- ale, and say: Well, it is my mistake. fight for those who have been affected. Mr. Speaker, I reserve the balance of dollar purchases. Until recently, they You are clearly not a mobster or a ter- my time, didn’t accept credit cards; so most of rorist. Thank you for your service. Mr. NEAL. Mr. Speaker, I yield my- their business was in cash. Here is your life savings back. self such time as I may consume. According to press reports, between But that is not what happened. In- Mr. Speaker, I stand today in support March 2007 and April 2013, the Vocatura stead, the IRS threatened him with of H.R. 1843, the Restraining Excessive brothers made hundreds of deposits in criminal structuring charges until he Seizure of Property through the Ex- amounts ranging from $7,000 to $9,900. agreed to settle with the agency, and ploitation of Civil Asset Forfeiture The bank tellers told them that they gave them $50,000, after he had spent Tools Act—more simply, the RESPECT had to fill out lots of extra paperwork nearly $100,000 in legal fees. Act. for deposits over $10,000, so the Andrew Clyde lost $150,000 simply be- Fundamentally, this legislation is Vocatura brothers made sure to deposit cause he wanted to make sure that his about stopping abusive civil asset sei- their receipts more often. They didn’t cash deposits were low enough to be in- zure practices. Too often, honest small realize they were breaking the law by sured. business owners were treated like consciously avoiding making deposits We are here today to make sure this criminals and had their bank accounts over $10,000. never happens again. The RESPECT seized by the Federal Government for In May of 2013, the IRS enforced the Act makes commonsense changes to making frequent deposits from cash structuring laws and seized the bak- civil asset forfeiture practices. First sales. ery’s checking account with more than and foremost, the IRS would have to The law at issue today is the Bank $68,000 on hand. The IRS held on to the show probable cause that the funds Secrecy Act, which set up new report- Vocatura’s money for 3 years without they are seizing were derived from or ing requirements for certain activities, ever bringing a case before a judge. The connected to an illegal source. like depositing more than $10,000 in brothers filed a motion, demanding the Additionally, it would provide pro- cash. The purpose of the law is to limit return of their money; and in 2016, the tections for taxpayers whose money criminal business activity conducted in IRS capitulated. was taken, requiring a hearing within cash, money laundering, drug trans- This story is similar to others that 30 days of the money being seized. actions, and criminal enterprises. we have heard. This legislation would These commonsense steps prevent the Thus, systematically depositing ensure that no other small business is Federal Government from acting with amounts just short of this threshold, is put in this position. I urge support on impunity and harassing the very citi- deemed an illegal attempt to structure both sides of the aisle for this legisla- zens that they are supposed to protect. bank transactions to avoid the report- tion. I want to thank a number of individ- ing requirement. Mr. Speaker, I reserve the balance of uals for their work on this legislation. Over the past 2 years, a number of my time. I would like to thank JOHN LEWIS, the law-abiding small businesses with high Mr. ROSKAM. Mr. Speaker, I yield 3 ranking member of the Oversight Sub- volumes of cash sales testified before minutes to the gentleman from Geor- committee. I want to thank my lead the Ways and Means Subcommittee on gia (Mr. COLLINS). sponsor, JOE CROWLEY, the lead Demo- Oversight describing just how this law Mr. COLLINS of Georgia. Mr. Speak- crat on this legislation. I want to was being applied by the IRS and the er, I appreciate the chairman yielding thank Mr. NEAL for his leadership, and Department of Justice to seize their me the time, the ranking member for I want to thank Chairman BRADY. bank accounts. Congressmen on both being here, and also Mr. ROSKAM and We have been at this for a long time. sides of the aisle immediately de- Mr. CROWLEY, both for their sponsor- We first started investigating this nounced this practice and sought to ship and cosponsorship of this legisla- issue at an Oversight Subcommittee have the seized amounts returned. tion. hearing in February of 2015, and we In October of 2014, the IRS changed H.R. 1843, the Clyde-Hirsch-Sowers made some progress. IRS Commis- its policy on enforcement. Now it only RESPECT Act is one of those things

VerDate Sep 11 2014 02:42 Sep 06, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K05SE7.005 H05SEPT1 H6636 CONGRESSIONAL RECORD — HOUSE September 5, 2017 that you really, at times, have a hard respond to something the previous ple who were never, ever charged with time understanding why we are debat- speaker said. a crime. These actions culminated in ing on the floor of the House. It is that Commissioner Koskinen said a num- this bipartisan legislation that passed much common sense. And as my grand- ber of times in testimony before the the Ways and Means Committee unani- mother used to say: Common sense is Ways and Means Committee that he mously. not common. doesn’t write the law. That is the ques- This bill, the Clyde-Hirsch-Sowers So here we are. If anyone has any tion that is in front of us at this mo- RESPECT Act, aims to take what we doubt about the need to restrain the ment. He says that the IRS follows the have learned and fix the system to bet- forfeiture power of the IRS, they need law, which we expect agencies to do at ter protect all law-abiding citizens. to look no further than what happened the behest of those who are duly elect- Specifically, it prohibits the IRS from to one of my constituents, as has al- ed. taking any asset related to structuring ready been mentioned, Andrew Clyde, So in this instance, I would suggest unless the funds are from an illegal whose namesake is on the bill. He is a that while we don’t like what the IRS source or the funds were structured to law-abiding small business owner who has done in these particular examples conceal other criminal activity. served multiple combat tours. He had that have been correctly cited by both Additionally, to provide due process and has a successful gun store in north- sides, we also have the obligation to to affected taxpayers, the bill requires east Georgia when the IRS seized his alter, change, or amend the law so that the IRS to notify an account holder of business bank accounts under a little- this doesn’t happen to the innocent a seizure within 30 days—fairly reason- known procedure called civil asset for- going forward. able. Once an account is seized, the bill allows the person whose assets were feiture. b 1715 Now, we already talked a moment seized to seek a hearing within 30 days. about just what that means, but let me So this was not simply about the Now, we know that those engaged in il- go into a little bit more depth about Commissioner or IRS agents waking up legal activity and illegal actions will that. What actually happened here is one day and saying: What kind of usually not contest the seizure. But for that Mr. Clyde was not charged with a havoc and peril can we create today? It those who committed no crime, this crime when they seized his assets. In was instead the prescription for law bill simply levels the playing field for fact, he was never charged with a that we have offered to them. them. My colleague, Mr. ROSKAM, and I will crime. In fact, the government’s only Mr. Speaker, I yield 5 minutes to the continue to keep the pressure on the allegation against him was he regu- gentleman from New York (Mr. CROW- Federal Government to quickly return larly made large cash deposits. LEY), who is a primary cosponsor of the assets of those innocent tax- In other words, following what his this. payers—those who are not charged own insurance would protect when he Mr. CROWLEY. Mr. Speaker, I thank with any crimes but whose bank ac- made those off-premise accounts, he the gentleman from Massachusetts for counts and other items are still being was following good business practices. yielding me this time, and I want to thank, as well, the cosponsor—actu- held by their own government. Despite this, the IRS had the audacity But passage of this bill isn’t the last to negotiate with him about how much ally, the lead sponsor—Mr. ROSKAM, for his work here today. part of the fight on wrongful asset for- of his own money they would give back feiture. This bill is expected to pass to him. The law, as it stands today, Today is a good day for the American taxpayers as, hopefully, the House of this House unanimously, as it did last gives them the authority to do so; year, because we all recognize and be- thus, the need for the legislation. Representatives will soon, once again, pass the Clyde-Hirsch-Sowers RE- lieve in the basic American judicial Now, rules have been changed and premise of innocent until proven put in place, but this needs to be codi- SPECT Act to enact vital reforms to the Federal Government’s civil asset guilty. However, I am concerned by the fied. I sat with Mr. Clyde on several oc- Trump administration’s statements casions and talked about this case, and forfeiture process. Civil asset forfeiture is an important and those of Attorney General Jeff Ses- to hear the pain in his voice when he sions, in particular, that the govern- had to spend $100,000 in legal bills, plus, tool that the IRS and other Federal agencies use to go after ill-gotten funds ment intends to increase these asset at the same time, to get the IRS to seizures without any intention of from drug dealers, human traffickers, give back his money, he had to beg the charging affected Americans with terrorists, and other criminals. This government for his own property. crimes. No one should have had to go through bill will not weaken that vital law en- Let me be clear: I support civil asset this, and that is why I respect the au- forcement tool one iota, and that is an seizures when the government can thors of this legislation, and I appre- important point to make. But this leg- make the case that the money was de- ciate their hearings and concern about islation will codify into law much- rived from illicit activity. As I said be- this. Because whether it is a bakery, a needed reforms to the process to stop fore, nothing in this bill hinders the gun store, or any business, no Amer- what we believe is an abuse of the asset ability of the government to do just ican should have to face the IRS or the seizures practiced, abusive seizures that. But we must fight any effort by Justice Department when they have such as the government’s ability to the Trump administration to expand never been charged with a crime—they take a person’s bank account without wrongful civil asset forfeiture and con- were never charged with a crime—and ever charging them with a crime. tinue to take innocent people’s own had their money taken from them. The Oversight Subcommittee on the money without charging them with a This is one that I am proud of to see Ways and Means Committee, under the crime. an American who stood up and said: guidance of Chairman PETER ROSKAM, Finally, as I close, I want to remind No, this is not right. undertook a painstaking, multiyear in- my colleagues of the importance of a Unfortunately, it cost him money, vestigation to get to the bottom of larger discussion on much-needed but today, this wrong is being righted. these abusive practices. This investiga- criminal justice reform and an issue I We are going to continue to see this tion included holding a series of con- hope this Congress can begin to tackle pushed through. gressional hearings—that doesn’t al- this year. Mr. Speaker, I respect Andrew Clyde, ways happen anymore around here, Just like the Clyde family, the his business, and all the others who PETER, as you know—meeting with of- Hirsch family, and the Sowers family stood up and said: This is not right. ficials from a number of Federal agen- who we named this bill after, far too I applaud the authors, and I say: Now cies, including the IRS. I want to many American families have seen the is the time to finish this. Let’s make thank Commissioner Koskinen for his U.S. justice system unfairly work sure that this never happens to another input and frankness as well, as the against them rather than for them. We American citizen. ranking member has just indicated. need to address that issue of criminal Mr. NEAL. Mr. Speaker, I yield my- The subcommittee continued keeping justice reform in the same bipartisan self such time as I may consume. pressure on the IRS and the Justice way that Chairman ROSKAM and the Before I introduce the primary co- Department to proactively reach out entire Ways and Means Committee sponsor of this legislation, I want to and return any assets seized from peo- dealt with this particular issue.

VerDate Sep 11 2014 02:42 Sep 06, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K05SE7.006 H05SEPT1 September 5, 2017 CONGRESSIONAL RECORD — HOUSE H6637 With that, Mr. Speaker, I look for- the bill, and I yield back the balance of ices Committee for helping advance ward to passage of this bill. I thank my time. this bill. I especially want to thank Mr. ROSKAM, again, for the sponsorship The SPEAKER pro tempore (Mr. Ranking Member WATERS, the lead co- of this legislation working together in RATCLIFFE). The question is on the mo- sponsor. In fact, we were able to unani- a very bipartisan way to get this bill tion offered by the gentleman from Illi- mously report this bill out of com- out of committee to the floor and pass nois (Mr. ROSKAM) that the House sus- mittee 60 votes to zero when it was the House. pend the rules and pass the bill, H.R. marked up in July. Mr. ROSKAM. Mr. Speaker, we have 1843, as amended. The bill amends the Dodd-Frank Act no remaining speakers on this side, and The question was taken; and (two- to allow the Financial Stability Over- I reserve the balance of my time. thirds being in the affirmative) the sight Council’s independent member Mr. NEAL. Mr. Speaker, I think that rules were suspended and the bill, as with insurance expertise to remain a this is a good step in the right direc- amended, was passed. voting member of the council beyond tion. I hope that we will also encourage A motion to reconsider was laid on his or her term until a successor is ap- the Department of Justice in addition the table. pointed. The extended term would con- clude at the earlier of either 18 months to what we are attempting to do here. f As Mr. ROSKAM knows, they are part of or until Senate confirmation of a suc- the challenge in front of us as well, but FINANCIAL STABILITY OVERSIGHT cessor. I think this is a certain, forthright step COUNCIL INSURANCE MEMBER The Financial Stability Oversight on behalf of those who have been ma- CONTINUITY ACT Council, or FSOC, was created as part ligned in terms of reputation and their Mr. HULTGREN. Mr. Speaker, I of the Dodd-Frank Act. The general business activities in this moment. move to suspend the rules and pass the purpose of this regulatory body is to Mr. Speaker, I yield back the balance bill (H.R. 3110) to amend the Financial provide a forum for discussion of our fi- of my time. Stability Act of 2010 to modify the nancial markets and coordination of fi- nancial regulations when appropriate. Mr. ROSKAM. Mr. Speaker, I yield term of the independent member of the Under existing law, the 10 voting myself the balance of my time. Financial Stability Oversight Council. Mr. Speaker, in closing, I think Mr. members of the FSOC include an inde- The Clerk read the title of the bill. pendent member with insurance exper- CROWLEY and Mr. NEAL hit the nail on The text of the bill is as follows: tise who is appointed by the President the head, as did Mr. COLLINS. H.R. 3110 Let me just sort of sum up then. This and confirmed by the Senate. The inde- Be it enacted by the Senate and House of Rep- is a story about a citizen, a citizen who pendent member is the only member resentatives of the United States of America in appointed by the President to specifi- is scandalized by the Federal Govern- Congress assembled, ment that is there to protect the cit- cally serve on the council and is the SECTION 1. SHORT TITLE. only voting member which is expected izen, and the citizen said: Do you know This Act may be cited as the ‘‘Financial what? This doesn’t seem right to me. to have insurance expertise. Stability Oversight Council Insurance Mem- Dodd-Frank established a 6-year You don’t get to do this. ber Continuity Act’’. term for the independent member You can imagine what it was like for SEC. 2. FINANCIAL STABILITY OVERSIGHT COUN- whose term expires on September 30, these people who got caught up in this CIL. 2017. Absent the appointment and con- and were told by IRS agents and De- Section 111(c) of the Financial Stability firmation of a successor, the expiration partment of Justice lawyers the nature Act of 2010 (12 U.S.C. 5321(c)) is amended by of the independent member’s term of that intimidation and how heavy- adding at the end the following: ‘‘(4) TERM OF INDEPENDENT MEMBER.—Not- would leave the council without a vot- handed and aggressive that is. Yet withstanding paragraph (1), if a successor to ing member who has insurance exper- these people said: No, no, no. That is the independent member of the Council serv- tise because Dodd-Frank did not make not right. That is not the way this ing under subsection (b)(1)(J) is not ap- clear if the position can be filled by an country is supposed to work. pointed and confirmed by the end of the term acting official. So they brought it to people’s atten- of service of such member, such member may My legislation is about ensuring that tion, and, Mr. Speaker, people on both continue to serve until the earlier of— ‘‘(A) 18 months after the date on which the the FSOC is able to benefit from the sides of the aisle were scandalized by perspective of a voting member with what they heard about this and were term of service ends; or ‘‘(B) the date on which a successor to such insurance expertise without any unnec- troubled by it and said: We can do member is appointed and confirmed.’’. essary lapses, or to quote a letter that something about it. The SPEAKER pro tempore. Pursu- the National Association of Insurance So as a result of this, you have got Commissioners sent to the ranking something that is moving through. ant to the rule, the gentleman from Il- linois (Mr. HULTGREN) and the gen- member and me: ‘‘It is important that Look, it is a tumultuous time in our the council have members that have a public life, and there are many deep di- tleman from Michigan (Mr