Proceedings, Debates of the U.S. Congress
November 28, 2018
115th Congress, 2nd Session
Issue: Vol. 164, No. 187 — Daily Edition
Entire Issue (PDF)
Daily Digest Section (PDF)
Wednesday, November 28, 2018
Special Report entitled ``Ensuring Trust: Strengthening State Efforts to Overhaul the Guardianship Process and Protect Older Americans''. (S. Rept. No. 115–392)
S. 1149, to amend the Alaska Native Claims Settlement Act to repeal a provision limiting the export of timber harvested from land conveyed to the Kake Tribal Corporation under that Act. (S. Rept. No. 115–393)
S. 2560, to authorize the Secretary of the Interior to establish a program to facilitate the transfer to non-Federal ownership of appropriate reclamation projects or facilities, with an amendment in the nature of a substitute. (S. Rept. No. 115–395)
S. 3247, to improve programs and activities relating to women's entrepreneurship and economic empowerment that are carried out by the United States Agency for International Development, with an amendment in the nature of a substitute.
S. 3654, to amend the United States International Broadcasting Act of 1994, to avoid the duplication of public diplomacy programs and efforts, to improve the research and evaluation of public diplomacy, with an amendment in the nature of a substitute.
PEPFAR Extension Act: Senate passed H.R. 6651, to extend certain authorities relating to United States efforts to combat HIV/AIDS, tuberculosis, and malaria globally.
Recognizing threats to freedom of the press and expression around the world: Senate agreed to S. Res. 501, recognizing threats to freedom of the press and expression around the world and reaffirming freedom of the press as a priority in efforts of the Government of the United States to promote democracy and good governance.
Lights On Afterschool: Senate agreed to S. Res. 710, supporting Lights On Afterschool, a national celebration of afterschool programs held on October 25, 2018.
Hostilities in the Republic of Yemen: By 63 yeas to 37 nays (Vote No. 250),
Federal Law Enforcement Congressional Badge of Bravery Board: The Chair announced, on behalf of the Majority Leader and the Democratic Leader, pursuant to the Public Law 110–298, the appointment of the following individual to serve as a member of the Federal Law Enforcement Congressional Badge of Bravery Board: Charles Dunne of New York (vice Rick McCubbin of Kentucky).
Pages S7155, S7165–78
During consideration of this nomination today, Senate also took the following action:
By 51 yeas to 50 nays, Vice President voting yea (Vote No. EX. 249), Senate agreed to the motion to close further debate on the nomination.
A unanimous-consent agreement was reached providing that notwithstanding Rule XXII, all post-cloture time on the nomination of Thomas Alvin Farr expire at 12 noon, on Thursday, November 29, 2018; that notwithstanding Rule XXII, the vote on the motion to invoke cloture on the nomination of Kathleen Laura Kraninger, of Ohio, to be Director, Bureau of Consumer Financial Protection occur at 1:45 p.m., on Thursday, November 29, 2018, and that if cloture is invoked on the nominations of Jonathan A. Kobes, of South Dakota, to be United States Circuit Judge for the Eighth Circuit, or of Kathleen Laura Kraninger, all post-cloture time be yielded back, and Senate vote on confirmation of the nominations at a time to be determined by the Majority Leader in consultation with the Democratic Leader, but not before Tuesday, December 4, 2018.
A unanimous-consent agreement was reached providing for further consideration of the nomination of Thomas Alvin Farr, post-cloture, at approximately 10 a.m., on Thursday, November 29, 2018; and that all time during recess, adjournment, morning business and Leader remarks count post-cloture on the nomination.
Nomination Confirmed: Senate confirmed the following nomination:
By 62 yeas to 38 nays (Vote No. EX. 248), Karen Dunn Kelley, of Pennsylvania, to be Deputy Secretary of Commerce.
Messages from the House:
Petitions and Memorials:
Executive Reports of Committees:
Statements on Introduced Bills/Resolutions:
Authorities for Committees to Meet:
Privileges of the Floor:
Adjournment: Senate convened at 9:30 a.m. and adjourned at 7:10 p.m., until 10:00 a.m. on Thursday, November 29, 2018. (For Senate's program, see the remarks of the Acting Majority Leader in today's Record on page S7195.)
Committee on Agriculture, Nutrition, and Forestry: Committee concluded a hearing to examine the nominations of Mindy Brashears, of Texas, to be Under Secretary for Food Safety, Naomi C. Earp, of Maryland, to be an Assistant Secretary, and Scott Hutchins, of Indiana, to be Under Secretary for Research, Education, and Economics, all of the Department of Agriculture, after the nominees testified and answered questions in their own behalf.
CYBER COMMAND AND NATIONAL SECURITY AGENCY
Committee on Armed Services: Subcommittee on Cybersecurity concluded a closed hearing to examine Cyber Command's relationship with the National Security Agency, after receiving testimony from Sherri Ramsay, former Director, NSA/CSS Threat Operations Center, National Security Agency; and Lieutenant General James K. McLaughlin, USAF (Ret.), former Deputy Commander, Cyber Command, and Major General Brett T. Williams, USAF (Ret.), former Director of Operations, Cyber Command, both of the Department of Defense.
SURFACE TRANSPORTATION INFRASTRUCTURE
Committee on Environment and Public Works: Committee concluded a hearing to examine addressing America's surface transportation infrastructure needs, after receiving testimony from Carlos M. Braceras, Utah Department of Transportation, Washington, D.C., on behalf of the American Association of State Highway and Transportation Officials; Robert Lanham, Williams Brothers Construction Co., Inc., Houston, Texas, on behalf of the Associated General Contractors of America; and James Corless, Sacramento Area Council of Governments, Sacramento, California.
ENDING MODERN SLAVERY
Committee on Foreign Relations: Committee concluded a hearing to examine the global fight to end modern slavery, after receiving testimony from John Cotton Richmond, Ambassdor-at-Large, Office to Monitor and Combat Trafficking, Department of State; Natalie Grant, Hope For Justice, Nashville, Tennessee; and Shawna Bader-Blau, Solidarity Center, Washington, D.C.
Committee on Foreign Relations: Committee ordered favorably reported the following business items:
S. 3247, to improve programs and activities relating to women's entrepreneurship and economic empowerment that are carried out by the United States Agency for International Development, with an amendment in the nature of a substitute;
S. 3654, to amend the United States International Broadcasting Act of 1994, to avoid the duplication of public diplomacy programs and efforts, to improve the research and evaluation of public diplomacy, with an amendment in the nature of a substitute;
S. Res. 562, expressing the sense of the Senate that the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) continues to make an invaluable contribution to United States and international security, 50 years after it opened for signature on July 1, 1968, with amendments;
H.R. 1872, to promote access for United States diplomats and other officials, journalists, and other citizens to Tibetan areas of the People's Republic of China;
H.R. 4819, to promote inclusive economic growth through conservation and biodiversity programs that facilitate transboundary cooperation, improve natural resource management, and build local capacity to protect and preserve threatened wildlife species in the greater Okavango River Basin of southern Africa;
H.R. 2646, to reauthorize the United States-Jordan Defense Cooperation Act of 2015, with an amendment in the nature of a substitute;
H.R. 4989, to require the Department of State to establish a policy regarding the use of location-tracking consumer devices by employees at diplomatic and consular facilities; and
The nominations of Michael T. Harvey, of Texas, to be an Assistant Administrator of the United States Agency for International Development, and Donald Armin Blome, of Illinois, to be Ambassador to the Republic of Tunisia, Craig Lewis Cloud, of Florida, to be Ambassador to the Republic of Botswana, Judith Gail Garber, of Virginia, to be Ambassador to the Republic of Cyprus, Jeffrey Ross Gunter, of California, to be Ambassador to the Republic of Iceland, Dennis B. Hankins, of Minnesota, to be Ambassador to the Republic of Mali, Dennis Walter Hearne, of Virginia, to be Ambassador to the Republic of Mozambique, Simon Henshaw, of Massachusetts, to be Ambassador to the Republic of Guinea, Eric George Nelson, of Texas, to be Ambassador to Bosnia and Herzegovina, Michael Peter Pelletier, of Maine, to be Ambassador to the Republic of Madagascar, and to serve concurrently and without additional compensation as Ambassador to the Union of the Comoros, John Mark Pommersheim, of Florida, to be Ambassador to the Republic of Tajikistan, Robert K. Scott, of Maryland, to be Ambassador to the Republic of Malawi, Eric Williams Stromayer, of Virginia, to be Ambassador to the Togolese Republic, Lucy Tamlyn, of New York, to be Ambassador to Central African Republic, Patricia Mahoney, of Virginia, to be Ambassador to the Republic of Benin, William H. Moser, of North Carolina, to be Ambassador to the Republic of Kazakhstan, Richard Carlton Paschall III, of North Carolina, to be Ambassador to the Republic of The Gambia, Susan N. Stevenson, of Washington, to be Ambassador to the Republic of Equatorial Guinea, and routine lists in the Foreign Service, all of the Department of State.
Committee on Homeland Security and Governmental Affairs: Committee ordered favorably reported the nomination of Richard S. Tischner, of Virginia, to be Director of the Court Services and Offender Supervision Agency for the District of Columbia.
REDUCING HEALTH CARE COSTS
Committee on Health, Education, Labor, and Pensions: Committee concluded a hearing to examine reducing health care costs, focusing on improving affordability through innovation, after receiving testimony from Lee S. Gross, Docs 4 Patient Care Foundation, North Port, Florida; Cheryl DeMars, The Alliance, Madison, Wisconsin; Dow Constantine, King County, Seattle, Washington; and Jonathan B. Perlin, HCA Healthcare, Nashville, Tennessee.
Committee on Indian Affairs: Committee ordered favorably reported the following business items:
S. 2788, to repeal the Act entitled ``An Act to confer jurisdiction on the State of North Dakota over offenses committed by or against Indians on the Devils Lake Indian Reservation'';
S. Res. 444, recognizing the heritage, culture, and contributions of American Indian, Alaska Native, and Native Hawaiian women in the United States;
S. Res. 596, recognizing the 29th anniversary of the Tribal Canoe Journey of the Tribal Nations of the Pacific Northwest and congratulating the Puyallup Tribe of Indians for hosting the 2018 Power Paddle to Puyallup;
H.R. 2606, to amend the Act of August 4, 1947 (commonly known as the Stigler Act), with respect to restrictions applicable to Indians of the Five Civilized Tribes of Oklahoma; and
H.R. 4032, to confirm undocumented Federal rights-of-way or easements on the Gila River Indian Reservation, clarify the northern boundary of the Gila River Indian Community's Reservation, to take certain land located in Maricopa County and Pinal County, Arizona, into trust for the benefit of the Gila River Indian Community.
Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Brian C. Buescher, to be United States District Judge for the District of Nebraska, who was introduced by Senator Fischer, Clifton L. Corker, to be United States District Judge for the Eastern District of Tennessee, who was introduced by Senator Alexander, M. Miller Baker, of Virginia, and Timothy M. Reif, of the District of Columbia, both to be a Judge of the United States Court of International Trade, and Donald W. Washington, of Texas, to be Director of the United States Marshals Service, Department of Justice, who was introduced by Senator Cassidy, after the nominees testified and answered questions in their own behalf.
Committee on Rules and Administration: Committee concluded a hearing to examine the nominations of Donald L. Palmer, of Florida, who was introduced by Senator Blunt, and Benjamin Hovland, of Maryland, who was introduced by Senator Klobuchar, both to be a Member of the Election Assistance Commission, after the nominees testified and answered questions in their own behalf.
Special Committee on Aging: Committee concluded a hearing to examine strengthening state efforts to overhaul the guardianship process and protect older Americans, after receiving testimony from Bethany Hamm, Maine Department of Health and Human Services Acting Commissioner, Augusta; Cathy G. Boyko, National Center for State Courts, Williamsburg, Virginia; Karen C. Buck, SeniorLAW Center, Philadelphia, Pennsylvania; and Barbara E. Buckley, Legal Aid Center of Southern Nevada, Las Vegas.
House of Representatives
Report Filed: A report was filed today as follows:
H. Res. 1160, providing for consideration of the Senate amendment to the bill (H.R. 88) to modify the boundary of the Shiloh National Military Park located in Tennessee and Mississippi, to establish Parker's Crossroads Battlefield as an affiliated area of the National Park System, and for other purposes (H. Rept. 115–1054).
Pages H9688, H9690
Guest Chaplain: The prayer was offered by the Guest Chaplain, Minister La'Shawn Worrell, New Psalmist Baptist Church, Baltimore, MD.
Moment of Silence: The House observed a moment of silence in honor of those who have been killed or wounded in service to our country and all those who serve and their families.
Recess: The House recessed at 12:17 p.m. and reconvened at 4:31 p.m.
Suspensions: The House agreed to suspend the rules and pass the following measures:
Strengthening the Health Care Fraud Prevention Task Force Act of 2018: H.R. 6753, amended, to amend title XI of the Social Security Act to direct the Secretary of Health and Human Services to establish a public-private partnership for purposes of identifying health care waste, fraud, and abuse;
Action for Dental Health Act: Concur in the Senate amendment to H.R. 2422, to amend the Public Health Service Act to improve essential oral health care for low-income and other underserved individuals by breaking down barriers to care;
State of Modern Application, Research, and Trends of IoT Act: H.R. 6032, amended, to direct the Secretary of Commerce to conduct a study and submit to Congress a report on the state of the internet-connected devices industry in the United States; and
Adding Ireland to the E–3 nonimmigrant visa program: H.R. 7164, amended, to add Ireland to the E–3 nonimmigrant visa program.
Recess: The House recessed at 6:48 p.m. and reconvened at 9:40 p.m.
Senate Referral: S. 3661 was held at the desk.
Senate Message: Message received from the Senate by the Clerk and subsequently presented to the House today appears on page H9671.
Quorum Calls--Votes: There were no Yea and Nay votes, and there were no Recorded votes. There were no quorum calls.
Adjournment: The House met at 12 noon and adjourned at 9:41 p.m.
SHILOH NATIONAL MILITARY PARK BOUNDARY ADJUSTMENT AND PARKER'S CROSSROADS BATTLEFIELD DESIGNATION ACT
Committee on Rules: Full Committee held a hearing on the Senate amendment to H.R. 88, the ``Shiloh National Military Park Boundary Adjustment and Parker's Crossroads Battlefield Designation Act''. The Committee granted, by record vote of 6–1, a rule providing for the consideration of the Senate amendment to H.R. 88. The rule makes in order a motion offered by the chair of the Committee on Ways and Means or his designee that the House concur in the Senate amendment to H.R. 88 with an amendment consisting of the text of Rules Committee Print 115–85 modified by the amendment printed in the Rules Committee report. The rule waives all points of order against consideration of the motion. The rule provides that the Senate amendment and the motion shall be considered as read. The rule provides one hour of debate on the motion equally divided and controlled by the chair and ranking minority member of the Committee on Ways and Means. Testimony was heard from Chairman Brady of Texas, and Representatives Kelly of Pennsylvania, Reed, Neal, and King of Iowa.
BOP MANAGEMENT OF ITS FEMALE INMATE POPULATION AND OTHER CHALLENGES
Committee on Oversight and Government Reform: Full Committee held a hearing entitled ``BOP Management of its Female Inmate Population, and Other Challenges''. Testimony was heard from Michael E. Horowitz, Inspector General, Office of the Inspector General, Department of Justice; and Hugh J. Hurwitz, Acting Director, Federal Bureau of Prisons, Department of Justice.
No joint committee meetings were held.
Committee on Armed Services: to hold hearings to examine the nominations of Thomas McCaffery, of California, to be an Assistant Secretary of Defense, and William Bookless, of California, to be Principal Deputy Administrator, National Nuclear Security Administration, Department of Energy, 9:30 a.m., SD–G50.
Committee on Banking, Housing, and Urban Affairs: to hold hearings to examine combating money laundering and other forms of illicit finance, focusing on regulator and law enforcement perspectives on reform, 10 a.m., SD–538.
Committee on Energy and Natural Resources: Subcommittee on Energy, to hold hearings to examine S. 1089, to require the Secretary of Energy to review and update a report on the energy and environmental benefits of the re-refining of used lubricating oil, S. 1713, to require certain financial assistance under the State energy program and the Weatherization Assistance Program to be distributed without undue delay to support State and local high-impact energy efficiency and renewable energy initiatives, S. 1875, to move the United States toward greater energy independence and security, to increase the flexibility, efficiency, and reliability of the electric grid, to increase the competitiveness of the United States economy, to protect consumers, and to improve the energy performance of the Federal Government, S. 2257, to establish the IMPACT for Energy Foundation, S. 2803, to amend the Energy Policy Act of 2005 to improve the conversion, use, and storage of carbon dioxide produced from fossil fuels, S. 2968, to amend the Energy Reorganization Act of 1974 to clarify whistleblower rights and protections, S. 3088, to amend the Energy Policy Act of 2005 to require the Secretary of Energy to establish a program to prepare veterans for careers in the energy industry, including the solar, wind, cybersecurity, and other low-carbon emissions sectors or zero-emissions sectors of the energy industry, S. 3295, to improve energy performance in Federal buildings, S. 3376, to require the Secretary of Energy to establish an energy storage research program, a demonstration and deployment program, and a technical assistance and grant program, S. 3422, to direct the Secretary of Energy to establish advanced nuclear goals, provide for a versatile, reactor-based fast neutron source, make available high-assay, low-enriched uranium for research, development, and demonstration of advanced nuclear reactor concepts, S. 3495, to provide certainty with respect to the timing of Department of Energy decisions to approve or deny applications to export natural gas, S. 3618 and H.R. 6511, bills to authorize the Secretary of Energy to carry out a program to lease underutilized Strategic Petroleum Reserve facilities, H.R. 6398, to authorize the Department of Energy to conduct collaborative research with the Department of Veterans Affairs in order to improve healthcare services for veterans in the United States, and an original bill entitled, ``Enhancing State Energy Security Planning and Emergency Preparedness Act'', 10 a.m., SD–366.
Committee on Environment and Public Works: to hold hearings to examine the nomination of Alexandra Dapolito Dunn, of Virginia, to be Assistant Administrator for Toxic Substances of the Environmental Protection Agency, 10:30 a.m., SD–406.
Committee on Health, Education, Labor, and Pensions: business meeting to consider S. 2076, to amend the Public Health Service Act to authorize the expansion of activities related to Alzheimer's disease, cognitive decline, and brain health under the Alzheimer's Disease and Healthy Aging Program, H.R. 315, to amend the Public Health Service Act to distribute maternity care health professionals to health professional shortage areas identified as in need of maternity care health services, S. 3482, to amend the Public Health Service Act to reauthorize the Emergency Medical Services for Children program, S. 3530, to reauthorize the Museum and Library Services Act, an original bill entitled, ``Traumatic Brain Injury Program Reauthorization Act of 2018'', and the nominations of Erhard R. Chorle, of Illinois, to be a Member of the Railroad Retirement Board, Gordon Hartogensis, of Connecticut, to be Director of the Pension Benefit Guaranty Corporation, Robert L. King, of Kentucky, to be Assistant Secretary of Education for Postsecondary Education, and John P. Pallasch, of Kentucky, to be an Assistant Secretary of Labor, 10:30 a.m., SD–430.
Committee on Foreign Affairs, Subcommittee on the Middle East and North Africa, hearing entitled ``U.S. Policy Toward Syria (Part II)'', 2 p.m., 2172 Rayburn.
Committee on Oversight and Government Reform, Full Committee, hearing entitled ``Evaluating Federal Disaster Response and Recovery Efforts'', 10 a.m., 2154 Rayburn.
Committee on Transportation and Infrastructure, Subcommittee on Coast Guard and Maritime Transportation, hearing entitled ``Review of Recent GAO Reports on Icebreaker Acquisition and the Need for a National Maritime Strategy'', 10 a.m., 2253 Rayburn.
Committee on Veterans' Affairs, Subcommittee on Disability Assistance and Memorial Affairs, hearing entitled ``VA's Development and Implementation of Policy Initiatives'', 10:30 a.m., 334 Cannon.
Joint Select Committee on Budget and Appropriations Process Reform: business meeting to continue to markup the Committee's report, recommendations, and legislative language, 9 a.m., 1334, Longworth Building.
Commission on Security and Cooperation in Europe: to receive a briefing on how to defeat computational propaganda, 10:30 a.m., SD–562.
Program for Thursday: Senate will continue consideration of the nomination of Thomas Alvin Farr, to be United States District Judge for the Eastern District of North Carolina, post-cloture, and vote on confirmation of the nomination at 12 noon.
Following disposition of the nomination of Thomas Alvin Farr, Senate will vote on the motion to invoke cloture on the nomination of Jonathan A. Kobes, of South Dakota, to be United States Circuit Judge for the Eighth Circuit.
At 1:45 p.m., Senate will vote on the motion to invoke cloture on the nomination of Kathleen Laura Kraninger, of Ohio, to be Director, Bureau of Consumer Financial Protection.
Program for Thursday: Begin consideration of House Amendment to the Senate Amendment to H.R. 88--Retirement, Savings, and Other Tax Relief Act and the Taxpayer First Act (Subject to a Rule). Consideration of measures under suspension of the Rules.
Cleaver, Emanuel, Mo., E1569
Eshoo, Anna G., Calif., E1568
Gallagher, Mike, Wisc., E1564
Gianforte, Greg, Mont., E1565
Gonzalez, Vicente, Tex., E1567
Gutiérrez, Luis V., Ill., E1563
King, Peter T., N.Y., E1569
McCollum, Betty, Minn., E1567
Moore, Gwen, Wisc., E1564
Posey, Bill, Fla., E1565
Reichert, David G., Wash., E1566
Rooney, Francis, Fla., E1566
Schiff, Adam B., Calif., E1568
Taylor, Scott, Va., E1564
Thompson, Mike, Calif., E1568
Visclosky, Peter J., Ind., E1566