Proceedings, Debates of the U.S. Congress
June 28, 2017
115th Congress, 1st Session
Issue: Vol. 163, No. 111 — Daily Edition
Entire Issue (PDF)
Daily Digest Section (PDF)
Wednesday, June 28, 2017
S. 691, to extend Federal recognition to the Chickahominy Indian Tribe, the Chickahominy Indian Tribe-Eastern Division, the Upper Mattaponi Tribe, the Rappahannock Tribe, Inc., the Monacan Indian Nation, and the Nansemond Indian Tribe. (S. Rept. No. 115–123)
Board of Visitors of the U.S. Merchant Marine Academy: The Chair, on behalf of the Vice President, pursuant to Section 1295b(h) of title 46 App., United States Code, appointed the following Senators to the Board of Visitors of the U.S. Merchant Marine Academy: Senators Thune (ex officio as Chairman, Committee on Commerce, Science and Transportation) and Fischer (Committee on Commerce, Science and Transportation).
Board of Visitors of the U.S. Military Academy: The Chair, on behalf of the Vice President, pursuant to 10 U.S.C. 4355(a), appointed the following Senator to the Board of Visitors of the U.S. Military Academy: Senator Moran (Designated by the Chairman of the Committee on Armed Services).
Western Hemisphere Drug Policy Commission: The Chair, on behalf of the Majority Leader, pursuant to the provisions of Public Law 114–323, appointed the following individual to serve as a member of the Western Hemisphere Drug Policy Commission: John Walters of the District of Columbia.
Rao Nomination--Agreement: Senate continued consideration of the nomination of Neomi Rao, of the District of Columbia, to be Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget.
A unanimous-consent agreement was reached providing for further consideration of the nomination at approximately 11 a.m., on Thursday, June 29, 2017, with the time until the vote on the motion to invoke cloture on the nomination equally divided between the two Leaders, or their designees.
Nye Nomination--Cloture: Senate began consideration of the nomination of David C. Nye, of Idaho, to be United States District Judge for the District of Idaho.
A motion was entered to close further debate on the nomination, and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a vote on cloture will occur upon disposition of the nomination of Neomi Rao, of the District of Columbia, to be Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget.
Prior to consideration of this nomination, Senate took the following action:
Senate agreed to the motion to proceed to Legislative Session.
Senate agreed to the motion to proceed to Executive Session to consider the nomination.
Messages from the House:
Measures Placed on the Calendar:
Executive Reports of Committees:
Statements on Introduced Bills/Resolutions:
Authorities for Committees to Meet:
Adjournment: Senate convened at 12 p.m. and adjourned at 6:43 p.m., until 11 a.m. on Thursday, June 29, 2017. (For Senate's program, see the remarks of the Majority Leader in today's Record on pages S3835–36.)
APPROPRIATIONS: ARMY CORPS OF ENGINEERS AND BUREAU OF RECLAMATION
Committee on Appropriations: Subcommittee on Energy and Water Development concluded a hearing to examine proposed budget estimates and justification for fiscal year 2018 for the Army Corps of Engineers and the Department of the Interior Bureau of Reclamation, after receiving testimony from Lieutenant General Todd T. Semonite, USA, Chief of Engineers, Army Corps of Engineers; Douglas W. Lamont, Senior Official performing the duties of the Assistant Secretary of the Army (Civil Works); and Alan Mikkelsen, Acting Commissioner, Bureau of Reclamation, Department of the Interior.
Committee on Armed Services: Committee ordered favorably reported an original bill entitled, ``National Defense Authorization Act for Fiscal Year 2018''; and
The nomination of Patrick M. Shanahan, of Washington, to be Deputy Secretary of Defense.
Committee on Commerce, Science, and Transportation: Committee concluded a hearing to examine the nominations of Steven Gill Bradbury, of Virginia, to be General Counsel of the Department of Transportation, and Elizabeth Erin Walsh, of the District of Columbia, to be Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service, after the nominees testified and answered questions in their own behalf.
Committee on Foreign Relations: Committee received a closed briefing on North Korea, focusing on recent developments, from Joseph Y. Yun, Special Representative for North Korea Policy, Deputy Assistant Secretary for Korea and Japan, Bureau of East Asian and Pacific Affairs, Department of State.
Committee on Homeland Security and Governmental Affairs: Committee concluded a hearing to examine the nominations of Claire M. Grady, of Pennsylvania, to be Under Secretary for Management, Department of Homeland Security, and Henry Kerner, of California, to be Special Counsel, Office of Special Counsel, after the nominees testified and answered questions in their own behalf.
Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Timothy J. Kelly, and Trevor N. McFadden, of Virginia, both to be a United States District Judge for the District of Columbia, and Jeffrey Bossert Clark, of Virginia, and Beth Ann Williams, of New Jersey, both to be an Assistant Attorney General, Department of Justice, after the nominees testified and answered questions in their own behalf.
Committee on Veterans' Affairs: Committee ordered favorably reported S. 1024, to amend title 38, United States Code, to reform the rights and processes relating to appeals of decisions regarding claims for benefits under the laws administered by the Secretary of Veterans Affairs.
Select Committee on Intelligence: Committee concluded a hearing to examine the nomination of David James Glawe, of Iowa, to be Under Secretary for Intelligence and Analysis, Department of Homeland Security, after the nominee, who was introduced by Senator Grassley, testified and answered questions in his own behalf.
RUSSIAN INTERVENTION IN EUROPEAN ELECTIONS
Select Committee on Intelligence: Committee concluded a hearing to examine Russian intervention in European elections, after receiving testimony from Nicholas Burns, Harvard University John F. Kennedy School of Government Robert and Renee Belfer Center for Science and International Affairs, and Vesko Garcevic, Boston University Frederick Pardee School of Global Studies, both of Boston, Massachusetts; Janis Sarts, NATO Strategic Communications Centre of Excellence, Riga, Latvia; and Constanze Stelzenmuller, Brookings Institution Center on the United States and Europe, Washington, D.C.
House of Representatives
Reports Filed: Reports were filed today as follows:
H.R. 91, to amend title 38, United States Code, to make permanent the pilot program on counseling in retreat settings for women veterans newly separated from service in the Armed Forces (H. Rept. 115–197); and
H.R. 2825, to amend the Homeland Security Act of 2002 to make certain improvements in the laws administered by the Secretary of Homeland Security, and for other purposes, with an amendment (H. Rept. 115–198).
Speaker: Read a letter from the Speaker wherein he appointed Representative Bost to act as Speaker pro tempore for today.
Recess: The House recessed at 10:51 a.m. and reconvened at 12 noon.
Guest Chaplain: The prayer was offered by the Guest Chaplain, Rev. Dr. Howard Siplin, Beulah Missionary Baptist Church, Coconut Grove, FL.
No Sanctuary for Criminals Act--Rule for Consideration: The House agreed to H. Res. 414, providing for consideration of the bill (H.R. 3003) to amend the Immigration and Nationality Act to modify provisions relating to assistance by States, and political subdivision of States, in the enforcement of Federal immigration laws, by a recorded vote of 235 ayes to 190 noes, Roll No. 332, after the previous question was ordered by a yea-and-nay vote of 235 yeas to 190 nays, Roll No. 331.
Protecting Access to Care Act of 2017: The House passed H.R. 1215, to improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system, by a recorded vote of 218 ayes to 210 noes, Roll No. 337.
Rejected the Kuster motion to recommit the bill to the Committee on the Judiciary with instructions to report the same back to the House forthwith with an amendment, by a recorded vote of 191 ayes to 235 noes, Roll No. 336.
Pursuant to the Rule, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115–10 shall be considered as an original bill for the purpose of amendment under the five-minute rule, in lieu of the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill.
Sessions amendment (No. 1 printed in H. Rept. 115–179) that begins the tolling of the statute of limitations on the date of the alleged breach or tort, rather than the date of the injury, which is not always a date certain; the statute of limits will be three years after the alleged breach or one year after the claimant discovers the breach, whichever occurs first;
Sessions amendment (No. 2 printed in H. Rept. 115–179) that clarifies that health care services as defined in H.R. 1215 include safety, professional, and administrative services directly related to health care;
Roe (TN) amendment (No. 3 printed in H. Rept. 115–179) that limits who qualifies as an expert witness, in medical malpractice negligence cases, based on professional qualifications as well as geographic relation to where the case in chief is being litigated; and
Hudson amendment (No. 4 printed in H. Rept. 115–179) that allows a physician to apologize to a patient for an unintended outcome without having the apology count against them in the court of law; requires a plaintiff to provide a notice of intent to the physician 90 days before the lawsuit is filed; defers to sundry state laws regarding lawsuits and outlines requirements witnesses must meet for testimony during trial (by a recorded vote of 222 ayes to 197 noes, Roll No. 334).
Pages H5279–81, H5283–84
Barr amendment (No. 5 printed in H. Rept. 115–179) that sought to give affirmative defense to defendants in health care liability cases if they can show they complied with clinical practice guidelines (by a recorded vote of 116 ayes to 310 noes, Roll No. 335).
Pages H5281–83, H5284
Suspension--Proceedings Resumed: The House agreed to suspend the rules and pass the following measure. Consideration began Tuesday, June 27th.
Robert Emmet Park Act of 2017: H.R. 1500, to redesignate the small triangular property located in Washington, DC, and designated by the National Park Service as reservation 302 as ``Robert Emmet Park'', by a \2/3\ yea-and-nay vote of 423 yeas with none voting ``nay'', Roll No. 338.
Senate Message: Message received from the Senate by the Clerk and subsequently presented to the House today appears on page H5262.
Quorum Calls--Votes: Three yea-and-nay votes and five recorded votes developed during the proceedings of today and appear on pages H5261, H5261–62, H5262, H5283–84, H5284, H5286, H5286–87 and H5287. There were no quorum calls.
Adjournment: The House met at 10 a.m. and adjourned at 6:42 p.m.
Committee on Appropriations: Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies held a markup on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill, FY 2018. The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Bill, FY 2018, was forwarded to the full committee, without amendment.
Committee on Appropriations: Subcommittee on Energy and Water Development, and Related Agencies held a markup on Energy and Water Development, and Related Agencies Appropriations Bill, FY 2018. The Energy and Water Development, and Related Agencies Appropriations Bill, FY 2018, was forwarded to the full committee, without amendment.
EXPLORING OPPORTUNITIES TO STRENGTHEN EDUCATION RESEARCH WHILE PROTECTING STUDENT PRIVACY
Committee on Education and the Workforce: Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing entitled ``Exploring Opportunities to Strengthen Education Research While Protecting Student Privacy''. Testimony was heard from Nathaniel Schwartz, Chief Research and Strategy Officer, Tennessee Department of Education; and public witnesses.
Committee on Energy and Commerce: Full Committee held a markup on H.R. 3043, the ``Hydropower Policy Modernization Act of 2017''; H.R. 2786, to amend the Federal Power Act with respect to the criteria and process to qualify a qualifying conduit hydropower facility; H.R. 3050, the ``Enhancing State Energy Security Planning and Emergency Preparedness Act of 2017''; H.R. 2883, the ``Promoting Cross-Border Energy Infrastructure Act''; H.R. 2910, the ``Promoting Interagency Coordination for Review of Natural Gas Pipelines Act''; H.R. 3017, the ``Brownfields Enhancement Economic Redevelopment and Reauthorization Act of 2017''; H.R. 3053, the ``Nuclear Waste Policy Amendments Act of 2017''; and H.R. 806, the ``Ozone Standards Implementation Act of 2017''. H.R. 3017, H.R. 2910 were ordered reported, without amendment. H.R. 3050, H.R. 2786, H.R. 3053, H.R. 3043, H.R. 2883, and H.R. 806, were ordered reported, as amended.
THE FEDERAL RESERVE'S IMPACT ON MAIN STREET, RETIREES, AND SAVINGS
Committee on Financial Services: Subcommittee on Monetary Policy and Trade held a hearing entitled ``The Federal Reserve's Impact on Main Street, Retirees, and Savings''. Testimony was heard from public witnesses.
EXAMINING THE BSA/AML REGULATORY COMPLIANCE REGIME
Committee on Financial Services: Subcommittee on Financial Institutions and Consumer Credit held a hearing entitled ``Examining the BSA/AML Regulatory Compliance Regime''. Testimony was heard from public witnesses.
ADVANCING U.S. INTERESTS AT THE UNITED NATIONS
Committee on Foreign Affairs: Full Committee held a hearing entitled ``Advancing U.S. Interests at the United Nations''. Testimony was heard from Nikki R. Haley, United States Permanent Representative to the United Nations.
Committee on the Judiciary: Full Committee concluded a markup on H.R. 495, the ``Protection of Children Act''; H.R. 2826, the ``Refugee Program Integrity Restoration Act of 2017''; H.R. 1096, the ``Judgment Fund Transparency Act of 2017''; and H.R. 2480, the ``Empowering Law Enforcement to Fight Sex Trafficking Demand Act''. H.R. 495, H.R. 2826, and H.R. 1096, were ordered reported, as amended. H.R. 2480 was ordered reported, without amendment.
EXAMINING POLICY IMPACTS OF EXCESSIVE LITIGATION AGAINST THE DEPARTMENT OF THE INTERIOR
Committee on Natural Resources: Subcommittee on Oversight and Investigations held a hearing entitled ``Examining Policy Impacts of Excessive Litigation Against the Department of the Interior''. Testimony was heard from Daniel Jorjani, Principal Deputy Solicitor, Office of the Solicitor, Department of the Interior; and public witnesses.
CRIMINAL JUSTICE REFORM AND EFFORTS TO REDUCE RECIDIVISM
Committee on Oversight and Government Reform: Full Committee held a hearing entitled ``Criminal Justice Reform and Efforts to Reduce Recidivism''. Testimony was heard from Senators Scott and Booker; Bryan P. Stirling, Director, South Carolina Department of Corrections; and public witnesses.
MATERIAL SCIENCE: BUILDING THE FUTURE
Committee on Science, Space, and Technology: Subcommittee on Energy; and Subcommittee on Research and Technology held a joint hearing entitled ``Material Science: Building the Future''. Testimony was heard from Matthew Tirrell, Deputy Laboratory Director for Science, and Chief Research Officer, Argonne National Laboratory; Laurie Locascio, Acting Associate Director, Laboratory Programs, and Director, Material Measurement Laboratory, National Institute of Standards and Technology; Adam Schwartz, Director, Ames Laboratory; and a public witness.
Permanent Select Committee on Intelligence: Subcommittee on Department of Defense Intelligence and Overhead Architecture held a budget hearing. This hearing was closed.
No joint committee meetings were held.
Committee on Agriculture, Nutrition, and Forestry: business meeting to consider H.R. 1029, to amend the Federal Insecticide, Fungicide, and Rodenticide Act to improve pesticide registration and other activities under the Act, to extend and modify fee authorities, and the nomination of J. Christopher Giancarlo, of New Jersey, to be Chairman of the Commodity Futures Trading Commission; to be immediately followed by a hearing to examine conservation and forestry, focusing on perspectives on the past and future direction for the 2018 Farm Bill, 9 a.m., SH–216.
Committee on Appropriations: Subcommittee on Commerce, Justice, Science, and Related Agencies, to hold hearings to examine proposed budget estimates and justification for fiscal year 2018 for the National Aeronautics and Space Administration, 10 a.m., SD–192.
Subcommittee on Legislative Branch, to hold hearings to examine proposed budget estimates and justification for fiscal year 2018 for the Senate Sergeant at Arms and the Capitol Police; to be immediately followed by a closed session in SVC–217, following the open session, 10:15 a.m., SD–124.
Committee on Banking, Housing, and Urban Affairs: to hold hearings to examine principles of housing finance reform, 10 a.m., SD–538.
Committee on Commerce, Science, and Transportation: business meeting to consider S. 1405, to amend title 49, United States Code, to authorize appropriations for the Federal Aviation Administration, S. 875, to require the Comptroller General of the United States to conduct a study and submit a report on filing requirements under the Universal Service Fund programs, S. 1426, to amend the Ted Stevens Olympic and Amateur Sports Act to expand the purposes of the corporation, to designate the United States Center for Safe Sport, S. 1393, to streamline the process by which active duty military, reservists, and veterans receive commercial driver's licenses, and the nominations of David P. Pekoske, of Maryland, to be an Assistant Secretary of Homeland Security, Robert L. Sumwalt III, of South Carolina, to be a Member of the National Transportation Safety Board, and Derek Kan, of California, to be Under Secretary of Transportation for Policy, 9 a.m., SD–G50.
Committee on Environment and Public Works: business meeting to consider S. 822, to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to modify provisions relating to grants, S. 1447, to reauthorize the diesel emissions reduction program, S. 1359, to amend the John F. Kennedy Center Act to authorize appropriations for the John F. Kennedy Center for the Performing Arts, S. 810, to facilitate construction of a bridge on certain property in Christian County, Missouri, S. 1395, to revise the boundaries of certain John H. Chafee Coastal Barrier Resources System units in Delaware, General Services Administration resolutions, and the nominations of Annie Caputo, of Virginia, and David Wright, of South Carolina, each to be a Member of the Nuclear Regulatory Commission, and Susan Parker Bodine, of Maryland, to be an Assistant Administrator of the Environmental Protection Agency, 12 noon, SD–406.
Committee on Foreign Relations: business meeting to consider the nomination of Mark Andrew Green, of Wisconsin, to be Administrator of the United States Agency for International Development, and routine lists in the Foreign Service, Time to be announced, S–216, Capitol.
Committee on the Judiciary: business meeting to consider S. 1312, to prioritize the fight against human trafficking in the United States, S. 1311, to provide assistance in abolishing human trafficking in the United States, and the nominations of Stephen Elliott Boyd, of Alabama, to be an Assistant Attorney General, John Kenneth Bush, of Kentucky, to be United States Circuit Judge for the Sixth Circuit, Kevin Christopher Newsom, of Alabama, to be United States Circuit Judge for the Eleventh Circuit, and Damien Michael Schiff, of California, to be a Judge of the United States Court of Federal Claims, 10 a.m., SD–226.
Select Committee on Intelligence: to hold closed hearings to examine certain intelligence matters, 10 a.m., SH–219.
Committee on Appropriations, Full Committee, markup on Legislative Branch Appropriations Bill, FY 2018, 10:30 a.m., 2359 Rayburn.
Subcommittee on Commerce, Justice, Science, and Related Agencies, markup on Commerce, Justice, Science, and Related Agencies Appropriations Bill, FY 2018, 2 p.m., 2362–B Rayburn.
Subcommittee on Financial Services and General Government, markup on Financial Services and General Government Appropriations Bill, FY 2018, 3 p.m., 2358–A, Rayburn.
Committee on Education and the Workforce, Full Committee, markup on H.R. 986, the ``Tribal Labor Sovereignty Act of 2017''; H.R. 2776, the ``Workforce Democracy and Fairness Act''; and H.R. 2775, the ``Employee Privacy Protection Act'', 11:30 a.m., 2175 Rayburn.
Committee on Energy and Commerce, Subcommittee on Health, markup on H.R. 767, the ``SOAR to Health and Wellness Act of 2017''; H.R. 880, the ``MISSION ZERO Act''; H.R. 931, the ``Firefighter Cancer Registry Act of 2017''; and H.R. 2422, the ``Action for Dental Health Act of 2017'', 10 a.m., 2123 Rayburn.
Committee on Foreign Affairs, Subcommittee on Middle East and North Africa, markup on H. Res. 185, to call on the Government of Iran to fulfill repeated promises of assistance in the case of Robert Levinson, the longest held United States civilian in our Nation's history; H. Res. 218, to recognize the importance of the United States-Israel economic relationship and encouraging new areas of cooperation; H. Res. 274, to condemn the Government of Iran's state-sponsored persecution of its Baha'i minority and its continued violation of the International Covenants on Human Rights; H. Res. 317, to call for the unconditional release of United States citizens and legal permanent resident aliens being held for political purposes by the Government of Iran; H. Res. 359, to urge the European Union to designate Hizballah in its entirety as a terrorist organization and increase pressure on it and its members; and H.R. 2646, the ``United States-Jordan Defense Cooperation Extension Act'', 10 a.m., 2172 Rayburn.
Committee on the Judiciary, Subcommittee on Regulatory Reform, Commercial and Antitrust Law, hearing entitled ``Recent Trends in International Antitrust Enforcement'', 10 a.m., 2141 Rayburn.
Committee on Natural Resources, Subcommittee on Energy and Mineral Resources, hearing entitled ``Examining Access to Oil and Gas Development on Federal Lands'', 10 a.m., 1324 Longworth.
Committee on Science, Space, and Technology, Subcommittee on Space, hearing entitled ``In-Space Propulsion: Strategic Choices and Options'', 10 a.m., 2318 Rayburn.
Committee on Small Business, Subcommittee on Economic Growth, Tax, and Capital Access, hearing entitled ``A Review of SBA's 504/CDC Loan Program'', 10 a.m., 2360 Rayburn.
Committee on Veterans' Affairs, Subcommittee on Oversight and Investigations, hearing on H.R. 2006, the ``VA Procurement Efficiency and Transparency Act''; H.R. 2749, the ``Protecting Business Opportunities for Veterans Act of 2017''; H.R. 2781, the ``Ensuring Veteran Enterprise Participation in Strategic Sourcing Act''; and legislation to improve the hiring, training, and efficiency of acquisition personnel and organizations of the Department of Veterans Affairs, and for other purposes, 10 a.m., 334 Cannon.
Subcommittee on Economic Opportunity, hearing on H.R. 282, the ``Military Residency Choice Act''; H.R. 1690, the ``Department of Veterans Affairs Bonus Transparency Act''; H.R. 2631, the ``Justice for Servicemembers Act of 2017''; H.R. 2772, the ``SEA Act''; legislation to amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to furnish assistance for adaptations of residences of veterans in rehabilitation programs under chapter 31 of such title, and for other purposes; and legislation to amend title 38, United States Code, to permit appraisers approved by the Secretary of Veterans Affairs to make appraisals for purposes of chapter 37 of such title based on inspections performed by third parties, 2 p.m., 334 Cannon.
Committee on Ways and Means, Subcommittee on Social Security; and Subcommittee on Oversight, joint hearing entitled ``Complexities and Challenges of Social Security Coverage and Payroll Tax Compliance for State and Local Governments'', 10 a.m., 1100 Longworth.
Permanent Select Committee on Intelligence, Full Committee, hearing entitled ``Ongoing Intelligence Activities'', 9 a.m., HVC–304. This hearing will be closed.
Program for Thursday: Senate will continue consideration of the nomination of Neomi Rao, of the District of Columbia, to be Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget, with a vote on the motion to invoke cloture thereon.
Barr, Andy, Ky., E918
Beyer, Donald S., Jr., Va., E916
Bustos, Cheri, Ill., E916
Esty, Elizabeth H., Conn., E913
Frelinghuysen, Rodney P., N.J., E917
Higgins, Brian, N.Y., E917
Huffman, Jared, Calif., E916
Kind, Ron, Wisc., E914
Larsen, Rick, Wash., E913
Lewis, John, Ga., E915
Marino, Tom, Pa., E915
McCollum, Betty, Minn., E913
O'Halleran, Tom, Ariz., E918
Panetta, Jimmy, Calif., E915
Pascrell, Bill, Jr., N.J., E917
Rogers, Harold, Ky., E915
Smith, Adam, Wash., E917
Wilson, Joe, S.C., E919
Yoder, Kevin, Kans., E918