Proceedings, Debates of the U.S. Congress
March 6, 2018
115th Congress, 2nd Session
Issue: Vol. 164, No. 39 — Daily Edition
Entire Issue (PDF)
Daily Digest Section (PDF)
Tuesday, March 6, 2018
Economic Growth, Regulatory Relief, and Consumer Protection Act--Agreement: Senate resumed consideration of the motion to proceed to consideration of S. 2155, to promote economic growth, provide tailored regulatory relief, and enhance consumer protections.
Pages S1343–48, S1348–50, S1350–74
During consideration of this measure today, Senate also took the following action:
By 67 yeas to 32 nays (Vote No. 48), three-fifths of those Senators duly chosen and sworn, having voted in the affirmative, Senate agreed to the motion to close further debate on the motion to proceed to consideration of the bill.
A unanimous-consent agreement was reached providing for further consideration of the motion to proceed to consideration of the bill, post-cloture, at approximately 9:30 a.m., on Wednesday, March 7, 2018.
Nomination Confirmed: Senate confirmed the following nomination:
Nominations Received: Senate received the following nominations:
Lisa Porter, of Virginia, to be a Deputy Under Secretary of Defense.
Patrick Fuchs, of Wisconsin, to be a Member of the Surface Transportation Board for the term of five years.
Michelle A. Schultz, of Pennsylvania, to be a Member of the Surface Transportation Board for the term of five years.
James Edward Campos, of Nevada, to be Director of the Office of Minority Economic Impact, Department of Energy.
Peter C. Wright, of Michigan, to be Assistant Administrator, Office of Solid Waste, Environmental Protection Agency.
Michael J. Desmond, of California, to be Chief Counsel for the Internal Revenue Service and an Assistant General Counsel in the Department of the Treasury.
Jon Parrish Peede, of Mississippi, to be Chairperson of the National Endowment for the Humanities for a term of four years.
Routine lists in the Air Force, Army, and Navy.
Messages from the House:
Executive Reports of Committees:
Statements on Introduced Bills/Resolutions:
Notices of Intent:
Authorities for Committees to Meet:
Privileges of the Floor:
Record Votes: Two record votes were taken today. (Total--49)
Adjournment: Senate convened at 10 a.m. and adjourned at 7:06 p.m., until 9:30 a.m. on Wednesday, March 7, 2018. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S1398.
Committee on Armed Services: Committee ordered favorably reported 1 nomination in the Army, and the nomination of Brent K. Park, of Tennessee, to be Deputy Administrator for Defense Nuclear Nonproliferation, National Nuclear Security Administration.
Committee on Armed Services: Committee concluded a hearing to examine worldwide threats, after receiving testimony from Daniel R. Coats, Director of National Intelligence; and Lieutenant General Robert P. Ashley, Jr., USA, Director, Defense Intelligence Agency, Department of Defense.
DEFENSE AUTHORIZATION REQUEST AND FUTURE YEARS DEFENSE PROGRAM
Committee on Armed Services: Subcommittee on SeaPower concluded a hearing to examine Navy and Marine Corps aviation programs in review of the Defense Authorization Request for fiscal year 2019 and the Future Years Defense Program, after receiving testimony from Vice Admiral Paul A. Grosklags, USN, Commander, Naval Air Systems Command, Lieutenant General Steven R. Rudder, USMC, Deputy Commandant for Aviation, Headquarters United States Marine Corps, and Rear Admiral Scott D. Conn, USN, Director, Air Warfare, Office of the Chief of Naval Operations (OPNAV N98), all of the Department of Defense.
Committee on Energy and Natural Resources: Committee concluded a hearing to examine the nomination of James Reilly, of Colorado, to be Director of the United States Geological Survey, Department of the Interior, after the nominee, who was introduced by Senator Gardner, testified and answered questions in his own behalf.
PROTECTING E-COMMERCE CONSUMERS
Committee on Finance: Committee concluded a hearing to examine protecting e-commerce consumers from counterfeits, after receiving testimony from Kimberly Gianopoulos, Director, International Affairs and Trade, Government Accountability Office; Brenda Smith, Executive Assistant Commissioner, Office of Trade, Customs and Border Protection, Department of Homeland Security; Jim Joholske, Director, Office of Import Surveillance, Consumer Product Safety Commission; and Terrence R. Brady, Underwriters Laboratories Inc., Northbrook, Illinois.
Select Committee on Intelligence: Committee met in closed session to receive a briefing on certain intelligence matters from officials of the intelligence community.
House of Representatives
Reports Filed: Reports were filed today as follows:
H.R. 4986, to amend the Communications Act of 1934 to reauthorize appropriations for the Federal Communications Commission, to provide for certain procedural changes to the rules of the Commission to maximize opportunities for public participation and efficient decisionmaking, and for other purposes, with an amendment (H. Rept. 115–587, Part 1);
H.R. 1116, to require the Federal financial institutions regulatory agencies to take risk profiles and business models of institutions into account when taking regulatory actions, and for other purposes (H. Rept. 115–588); and
Speaker: Read a letter from the Speaker wherein he appointed Representative Harper to act as Speaker pro tempore for today.
Recess: The House recessed at 10:38 a.m. and reconvened at 12 noon.
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.
Suspensions: The House agreed to suspend the rules and pass the following measures:
Portfolio Lending and Mortgage Access Act: H.R. 2226, amended, to amend the Truth in Lending Act to provide a safe harbor from certain requirements related to qualified mortgages for residential mortgage loans held on an originating depository institution's portfolio;
Community Bank Reporting Relief Act: H.R. 4725, to amend the Federal Deposit Insurance Act to require short form call reports for certain depository institutions;
National Strategy for Combating the Financing of Transnational Criminal Organizations Act: H.R. 4768, amended, to require the President to develop a national strategy to combat the financial networks of transnational organized criminals;
Federal Communications Commission Reauthorization Act of 2018: H.R. 4986, amended, to amend the Communications Act of 1934 to reauthorize appropriations for the Federal Communications Commission, to provide for certain procedural changes to the rules of the Commission to maximize opportunities for public participation and efficient decisionmaking;
Agreed to amend the title so as to read: ``To amend the Communications Act of 1934 to reauthorize appropriations for the Federal Communications Commission, and for other purposes'';
Political Appointee Burrowing Prevention Act: H.R. 1132, amended, to amend title 5, United States Code, to provide for a 2-year prohibition on employment in a career civil service position for any former political appointee;
Social Media Use in Clearance Investigations Act: H.R. 3737, to provide for a study on the use of social media in security clearance investigations;
Whistleblower Protection Extension Act: H.R. 4043, amended, to amend the Inspector General Act of 1978 to reauthorize the whistleblower protection program; and
Eliminating Government-funded Oil-painting Act: S. 188, amended, to prohibit the use of Federal funds for the costs of painting portraits of officers and employees of the Federal Government;
Agreed to amend the title so as to read: ``To amend title 31, United States Code, to prohibit the use of Federal funds for the costs of painting portraits of officers and employees of the Federal Government, and for other purposes.''.
Comprehensive Regulatory Review Act: The House passed H.R. 4607, to amend the Economic Growth and Regulatory Paperwork Reduction Act of 1996 to ensure that Federal financial regulators perform a comprehensive review of regulations to identify outdated or otherwise unnecessary regulatory requirements imposed on covered persons, by a yea-and-nay vote of 264 yeas to 143 nays, Roll No. 95.
Pages H1382–89, H1420–21
Rejected the Clark (MA) motion to recommit the bill to the Committee on Financial Services with instructions to report the same back to the House forthwith with an amendment, by a yea-and-nay vote of 182 yeas to 228 nays, Roll No. 94.
Pursuant to the Rule, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115–61, modified by the amendment printed in part B of H. Rept. 115–582, shall be considered as adopted.
Committee Resignation: Read a letter from Representative Demings wherein she resigned from the Committee on Oversight and Government Reform.
Adjournment: The House met at 10 a.m. and adjourned at 7:01 p.m.
APPROPRIATIONS--DEPARTMENT OF LABOR
Committee on Appropriations: Subcommittee on Labor, Health and Human Services, Education, and Related Agencies held a budget hearing on the Department of Labor. Testimony was heard from Alexander Acosta, Secretary, Department of Labor.
APPROPRIATIONS--DEPARTMENT OF THE TREASURY
Committee on Appropriations: Subcommittee on Financial Services and General Government held a budget hearing on the Department of the Treasury. Testimony was heard from Steven Mnuchin, Secretary, Department of the Treasury.
NATIONAL SECURITY CHALLENGES AND U.S. MILITARY ACTIVITIES IN AFRICA
Committee on Armed Services: Full Committee held a hearing entitled ``National Security Challenges and U.S. Military Activities in Africa''. Testimony was heard from General Thomas D. Waldhauser, Commander, U.S. Africa Command.
DEPARTMENT OF THE NAVY FY 2019 BUDGET REQUEST FOR SEAPOWER AND PROJECTION FORCES
Committee on Armed Services: Subcommittee on Seapower and Projection Forces held a hearing entitled ``Department of the Navy FY 2019 Budget Request for Seapower and Projection Forces''. Testimony was heard from James F. Geurts, Assistant Secretary of the Navy, Research, Development and Acquisition, U.S. Navy; Vice Admiral William R. Merz, Deputy Chief of Naval Operations for Warfare Systems, U.S. Navy; and Lieutenant General Robert S. Walsh, Commanding General, Marine Corps Combat Development Command, U.S. Marine Corps.
MARINE CORPS READINESS POSTURE
Committee on Armed Services: Subcommittee on Readiness held a hearing entitled ``Marine Corps Readiness Posture''. Testimony was heard from Lieutenant General Brian D. Beaudreault, Deputy Commandant for Plans, Policies, and Operations, U.S. Marine Corps; Lieutenant General Michael G. Dana, Deputy Commandant, Installations and Logistics, U.S. Marine Corps; Lieutenant General Rex C. McMillian, Commander, Marine Forces Reserve, and Commander, Marine Forces North, U.S. Marine Corps.
STRENGTHENING WELFARE TO WORK WITH CHILD CARE
Committee on Education and the Workforce: Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing entitled ``Strengthening Welfare to Work With Child Care''. Testimony was heard from Laurie J. Smith, Senior Policy Advisor, Education and Workforce Development, Office of Governor Phil Bryant, Mississippi; and public witnesses.
OVERSIGHT OF THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
Committee on Energy and Commerce: Subcommittee on Communications and Technology held a hearing entitled ``Oversight of the National Telecommunications and Information Administration''. Testimony was heard from David Redl, Assistant Secretary for Communications and Information, National Telecommunications and Information Administration, Department of Commerce.
Committee on Financial Services: Full Committee held a business meeting to consider the Committee's Views and Estimates on the Budget for Fiscal Year 2018. The Committee's Views and Estimates were adopted, as amended.
EXAMINING CLASS ACTION LAWSUITS AGAINST INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES (ICF/IID)
Committee on the Judiciary: Subcommittee on the Constitution and Civil Justice held a hearing entitled ``Examining Class Action Lawsuits Against Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID)''. Testimony was heard from public witnesses.
EXPLORING INNOVATIVE SOLUTIONS TO REDUCE THE DEPARTMENT OF THE INTERIOR'S MAINTENANCE BACKLOG
Committee on Natural Resources: Full Committee held a hearing entitled ``Exploring Innovative Solutions to Reduce the Department of the Interior's Maintenance Backlog''. Testimony was heard from P. Daniel Smith, Deputy Director, National Park Service, Department of the Interior; Steve Guertin, Deputy Director, Fish and Wildlife Service, Department of the Interior; and public witnesses.
EXAMINING THE U.S. ARMY CORPS OF ENGINEERS
Committee on Oversight and Government Reform: Subcommittee on the Interior, Energy, and Environment held a hearing entitled ``Examining the U.S. Army Corps of Engineers''. Testimony was heard from James C. Dalton, Director of Civil Works, Army Corps of Engineers; Sean Strawbridge, Chief Executive Officer, Port of Corpus Christi Authority; and public witnesses.
THE FUTURE OF U.S. FUSION ENERGY RESEARCH
Committee on Science, Space, and Technology: Subcommittee on Energy held a hearing entitled ``The Future of U.S. Fusion Energy Research''. Testimony was heard from James W. Van Dam, Acting Associate Director, Fusion Energy Sciences, Office of Science, Department of Energy; Mark Herrmann, Director, National Ignition Facility, Lawrence Livermore National Laboratory; and public witnesses.
DISCONNECTED: RURAL BROADBAND AND THE BUSINESS CASE FOR SMALL CARRIERS
Committee on Small Business: Subcommittee on Health and Technology; and Subcommittee on Agriculture, Energy, and Trade held a joint hearing entitled ``Disconnected: Rural Broadband and the Business Case for Small Carriers''. Testimony was heard from public witnesses.
EXAMINING THE ADMINISTRATION'S INFRASTRUCTURE PROPOSAL
Committee on Transportation and Infrastructure: Full Committee held a hearing entitled ``Examining the Administration's Infrastructure Proposal''. Testimony was heard from Elaine Chao, Secretary, Department of Transportation.
VETERANS SERVICE ORGANIZATIONS LEGISLATIVE PRESENTATION
Committee on Veterans' Affairs: Senate Committee on Veterans' Affairs concluded a joint hearing with the House Committee on Veterans' to examine the legislative presentation of multiple veterans service organizations, after receiving testimony from David Zurfluh, Paralyzed Veterans of America, Tacoma, Washington; Marion Polk, American Veterans (AMVETS), and Vincent W. Patton III, Non Commissioned Officers Association of the United States of America, both of Alexandria, Virginia; John Rowan, Vietnam Veterans of America, Middle Village, New York; Charles A. Susino, American Ex-Prisoners of War, Metuchen, New Jersey; Melissa Bryant, Iraq and Afghanistan Veterans of America, and Rene C. Bardorf, Wounded Warrior Project, both of Washington, D.C.; Rear Admiral Christopher Cole, USN (Ret.), Association of the United States Navy, Vienna, Virginia; and Roy Robinson, National Guard Association of the United States, Meridian, Mississippi.
Committee on the Budget: to hold hearings to examine Department of Defense audit and business operations reform at the Pentagon, 10:30 a.m., SD–608.
Committee on Foreign Relations: to hold hearings to examine the nominations of Joseph E. Macmanus, of New York, to be Ambassador to the Republic of Colombia, Marie Royce, of California, to be an Assistant Secretary (Educational and Cultural Affairs), Robin S. Bernstein, of Florida, to be Ambassador to the Dominican Republic, and Edward Charles Prado, of Texas, to be Ambassador to the Argentine Republic, all of the Department of State, 2:30 p.m., SD–419.
Committee on Health, Education, Labor, and Pensions: business meeting to consider the nominations of John F. Ring, of the District of Columbia, to be a Member of the National Labor Relations Board, Frank T. Brogan, of Pennsylvania, to be Assistant Secretary for Elementary and Secondary Education, and Mark Schneider, of the District of Columbia, to be Director of the Institute of Education Science, both of the Department of Education, Marco M. Rajkovich, Jr., of Kentucky, to be a Member of the Federal Mine Safety and Health Review Commission, and other pending nominations, Time to be announced, Room to be announced.
Committee on Homeland Security and Governmental Affairs: 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 Secretary of Homeland Security, 10 a.m., SD–342.
Committee on the Judiciary: to hold hearings to examine the nominations of John B. Nalbandian, of Kentucky, to be United States Circuit Judge for the Sixth Circuit, Kari A. Dooley, to be United States District Judge for the District of Connecticut, Dominic W. Lanza, to be United States District Judge for the District of Arizona, Jill Aiko Otake, to be United States District Judge for the District of Hawaii, and Joseph H. Hunt, of Maryland, to be an Assistant Attorney General, Department of Justice, 10 a.m., SD–226.
Subcommittee on Oversight, Agency Action, Federal Rights and Federal Courts, to hold hearings to examine small business bankruptcy, focusing on assessing the system, 2:30 p.m., SD–226.
Committee on Veterans' Affairs: to hold a joint hearing with the House Committee on Veterans' Affairs to examine the legislative presentation of the Veterans of Foreign Wars of the United States, 10 a.m., SD–G50.
Select Committee on Intelligence: to hold hearings to examine security clearance reform, 9:30 a.m., SD–106.
Special Committee on Aging: to hold hearings to examine stopping senior scams, 1 p.m., SD–562.
Committee on Appropriations, Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, budget hearing on the Commodity Futures Trading Commission, 10 a.m., 2362–A Rayburn.
Subcommittee on Defense, budget hearing on the Navy and Marine Corps, 10 a.m., H–140 Capitol.
Committee on Armed Services, Full Committee, hearing entitled ``Assessing Military Service Acquisition Reform'', 10 a.m., 2118 Rayburn.
Subcommittee on Tactical Air and Land Forces, hearing entitled ``The F–35 Joint Strike Fighter (JSF) Lightning II Program'', 2 p.m., 2212 Rayburn.
Subcommittee on Strategic Forces, hearing entitled ``U.S. Strategic Forces Posture and the Fiscal Year 2019 Budget Request'', 3:30 p.m., 2118 Rayburn.
Committee on the Budget, Full Committee, hearing entitled ``Member's Day Hearing on Oversight of the Congressional Budget Office'', 10:30 a.m., 1334 Longworth.
Committee on Energy and Commerce, Subcommittee on Digital Commerce and Consumer Protection, hearing entitled ``Review of Emerging Tech's Impact on Retail Operations and Logistics'', 10 a.m., 2123 Rayburn.
Subcommittee on Environment, hearing entitled ``The Future of Transportation Fuels and Vehicles'', 10:15 a.m., 2322 Rayburn.
Committee on Financial Services, Subcommittee on Housing and Insurance, hearing on H.R. 5059, the ``State Insurance Regulation Preservation Act'', 10 a.m., 2128 Rayburn.
Subcommittee on Financial Institutions and Consumer Credit, hearing entitled ``Legislative Proposals to Reform the Current Data Security and Breach Notification Regulatory Regime'', 2 p.m., 2128 Rayburn.
Committee on Foreign Affairs, Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations, hearing entitled ``China in Africa: The New Colonialism?'', 2 p.m., 2172 Rayburn.
Committee on Homeland Security, Full Committee, markup on H.R. 4176, the ``Air Cargo Security Improvement Act of 2017''; H.R. 4227, the ``Vehicular Terrorism Prevention Act of 2017''; H.R. 4467, the ``Strengthening Aviation Security Act of 2017''; H.R. 4627, the ``Shielding Public Spaces from Vehicular Terrorism Act''; H.R. 5074, the ``DHS Cyber Incident Response Teams Act''; H.R. 5079, the ``DHS Field Engagement Accountability Act''; H.R. 5081, the ``Surface Transportation Security and Technology Accountability Act of 2018''; H.R. 5089, the ``Strengthening Local Transportation Security Capabilities Act of 2018''; H.R. 5094, the ``Enhancing Suspicious Activity Reporting Initiative Act''; H.R. 5099, the ``Enhancing DHS' Fusion Center Technical Assistance Program''; and H.R. 5131, the ``Surface Transportation Security Improvement Act of 2018'', 10:30 a.m., HVC–210.
Subcommittee on Cybersecurity and Infrastructure Protection; and Subcommittee on Oversight and Management Efficiency, joint hearing entitled ``Examining DHS' Efforts to Strengthen its Cybersecurity Workforce'', 2 p.m., HVC–210.
Committee on House Administration, Full Committee, business meeting on Committee Resolution 115–9, to allocate funds from the Committee reserve fund, 1 p.m., 1310 Longworth.
Committee on the Judiciary, Full Committee, markup on H.R. 2152, the ``Citizens' Right to Know Act of 2017'', 10 a.m., 2141 Rayburn.
Committee on Natural Resources, Full Committee, markup on H.R. 520, the ``National Strategic and Critical Minerals Production Act''; H.R. 4731, to extend the retained use estate for the Caneel Bay resort in St. John, United States Virgin Islands, and for other purposes; and H.R. 5133, the ``Federal Land Transaction Facilitation Act Reauthorization of 2018'', 10:15 a.m., 1324 Longworth.
Committee on Oversight and Government Reform, Subcommittee on Information Technology, hearing entitled ``Game Changers: Artificial Intelligence Part II, Artificial Intelligence and the Federal Government'', 2 p.m., 2154 Rayburn.
Committee on Science, Space, and Technology, Subcommittee on Space, hearing entitled ``An Overview of the National Aeronautics and Space Administration Budget for Fiscal Year 2019'', 10 a.m., 2318 Rayburn.
Committee on Small Business, Full Committee, hearing entitled ``Regulatory Reform and Rollback: The Effects on Small Businesses'', 2 p.m., 2360 Rayburn.
Committee on Transportation and Infrastructure, Subcommittee on Highways and Transit, hearing entitled ``Building a 21st Century Infrastructure for America: Long-Term Funding for Highways and Transit Programs'', 10 a.m., 2167 Rayburn.
Subcommittee on Coast Guard and Maritime Transportation, hearing entitled ``Implementation of Coast Guard Programs'', 2 p.m., 2167 Rayburn.
Committee on Veterans' Affairs, Subcommittee on Oversight and Investigations, hearing on H.R. 3497, the ``Modernization of Medical Records Access for Veterans Act of 2017''; H.R. 4245, the ``Veterans' Electronic Health Record Modernization Oversight Act of 2017''; legislation on purchase card misuse; and legislation on the Medical Surgical Prime Vendor program, 2 p.m., 334 Cannon.
Committee on Ways and Means, Subcommittee on Social Security, hearing entitled ``Lacking a Leader: Challenges Facing the SSA after over 5 Years of Acting Commissioners'', 10 a.m., 1100 Longworth.
Joint Hearing: Senate Committee on Veterans' Affairs, to hold a joint hearing with the House Committee on Veterans' Affairs to examine the legislative presentation of the Veterans of Foreign Wars of the United States, 10 a.m., SD–G50.
Joint Economic Committee: to hold hearings to examine the Economic Report of the President, 2 p.m., SH–216.
Program for Wednesday: Senate will continue consideration of the motion to proceed to consideration of S. 2155, Economic Growth, Regulatory Relief, and Consumer Protection Act, post-cloture.
Program for Wednesday: Consideration of H.R. 1917--Blocking Regulatory Interference from Closing Kilns Act (Subject to a Rule). Begin consideration of H.R. 1119--Satisfying Energy Needs and Saving the Environment Act (Subject to a Rule).
Blumenauer, Earl, Ore., E265
Brat, Dave, Va., E263
Calvert, Ken, Calif., E267
Costello, Ryan A., Pa., E265
Courtney, Joe, Conn., E267
DeSaulnier, Mark, Calif., E264
Duffy, Sean, P., Wisc., E267
Gutiérrez, Luis V., Ill., E263
Huizenga, Bill, Mich., E263
Long, Billy, Mo., E265
McGovern, James P., Mass., E264
Messer, Luke, Ind., E264
Moore, Gwen, Wisc., E264
O'Rourke, Beto, Tex., E265
Sessions, Pete, Tex., E263
Simpson, Michael K., Idaho, E264
Smith, Lamar, Tex., E266
Smucker, Lloyd, Pa., E267
Walz, Timothy J., Minn., E264
Watson Coleman, Bonnie, N.J., E265