Proceedings, Debates of the U.S. Congress
April 10, 2018
115th Congress, 2nd Session
Issue: Vol. 164, No. 57 — Daily Edition
Entire Issue (PDF)
Daily Digest Section (PDF)
Tuesday, April 10, 2018
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''. (S. Rept. No. 115–223)
Relative to the Death of Zell Bryan Miller: Senate agreed to S. Res. 454, relative to the death of Zell Bryan Miller, the former Governor and Senator of the State of Georgia.
Relative to the Death of Daniel K. Akaka: Senate agreed to S. Res. 455, relative to the death of the Honorable Daniel K. Akaka, Senator from the State of Hawaii.
Majority Party Committee Membership for the 115th Congress: Senate agreed to S. Res. 456, to constitute the majority party's membership on certain committees for the One Hundred Fifteenth Congress, or until their successors are chosen.
Military Retiree Appreciation Day: Committee on the Judiciary was discharged from further consideration of S. Res. 377, recognizing the importance of paying tribute to those individuals who have faithfully served and retired from the Armed Forces of the United States, designating April 18, 2018, as ``Military Retiree Appreciation Day'', and encouraging the people of the United States to honor the past and continued service of military retirees to their local communities and the United States, and the resolution was then agreed to.
During consideration of this nomination today, Senate also took the following action:
By 50 yeas to 47 nays (Vote No. 66), Senate agreed to the motion to close further debate on the nomination.
A unanimous-consent agreement was reached providing that notwithstanding Rule XXII, at 12:20 p.m., on Wednesday, April 11, 2018, Senate vote on confirmation of the nomination.
A unanimous-consent agreement was reached providing for further consideration of the nomination, post-cloture, at approximately 10:30 a.m., on Wednesday, April 11, 2018.
Nomination Confirmed: Senate confirmed the following nomination:
Nominations Received: Senate received the following nominations:
Justin George Muzinich, of New York, to be Deputy Secretary of the Treasury.
Emin Toro, of Virginia, to be a Judge of the United States Tax Court for a term of fifteen years.
Wendy Williams Berger, of Florida, to be United States District Judge for the Middle District of Florida.
Holly A. Brady, of Indiana, to be United States District Judge for the Northern District of Indiana.
Andrew Lynn Brasher, of Alabama, to be United States District Judge for the Middle District of Alabama.
Britt Cagle Grant, of Georgia, to be United States Circuit Judge for the Eleventh Circuit.
John M. O'Connor, of Oklahoma, to be United States District Judge for the Northern, Eastern and Western Districts of Oklahoma.
Lance E. Walker, of Maine, to be United States District Judge for the District of Maine.
Allen Cothrel Winsor, of Florida, to be United States District Judge for the Northern District of Florida.
Patrick R. Wyrick, of Oklahoma, to be United States District Judge for the Western District of Oklahoma.
1 Marine Corps nomination in the rank of general.
Routine lists in the Army.
Petitions and Memorials:
Statements on Introduced Bills/Resolutions:
Authorities for Committees to Meet:
Record Votes: Two record votes were taken today. (Total--66)
Adjournment: Senate convened at 10 a.m. and adjourned, as a further mark of respect to the memories of the late Zell Bryan Miller, the former Governor and Senator of the State of Georgia, and Daniel K. Akaka, Senator from the State of Hawaii, in accordance with S. Res. 454 and S. Res. 455, at 6:25 p.m., until 10:30 a.m. on Wednesday, April 11, 2018. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S2045.)
DEFENSE AUTHORIZATION REQUEST AND FUTURE YEARS DEFENSE PROGRAM
Committee on Armed Services: Committee concluded a hearing to examine United States Transportation Command in review of the Defense Authorization Request for fiscal year 2019 and the Future Years Defense Program, after receiving testimony from General Darren W. McDew, USAF, Commander, United States Transportation Command, Department of Defense.
Committee on Commerce, Science, and Transportation: Committee concluded a joint hearing with the Committee on the Judiciary to examine Facebook, Social Media Privacy, and the use and abuse of data, after receiving testimony from Mark Zuckerberg, Facebook, Menlo Park, California.
FEDERALISM UNDER THE CLEAN AIR ACT
Committee on Environment and Public Works: Subcommittee on Clean Air and Nuclear Safety concluded a hearing to examine cooperative federalism under the Clean Air Act, focusing on state perspectives, after receiving testimony from Nancy E. Vehr, Wyoming Department of Environmental Quality, Cheyenne; Sean Alteri, Kentucky Department for Environmental Protection, Frankfort; Toby Baker, Texas Commission on Environmental Quality, Austin; Matthew Rodriquez, California Environmental Protection Agency, Sacramento; and Shawn M. Garvin, Delaware Department of Natural Resources and Environmental Control, Dover.
REGIONAL STRATEGY FOR DEMOCRATIC GOVERNANCE
Committee on Foreign Relations: Subcommittee on Western Hemisphere, Transnational Crime, Civilian Security, Democracy, Human Rights, and Global Women's Issues concluded a hearing to examine the Summit of the Americas, focusing on a regional strategy for democratic governance against corruption in the hemisphere, after receiving testimony from Eric Farnsworth, Council of the Americas and Americas Society, and Eric L. Olson, Woodrow Wilson International Center for Scholars Latin American Program, both of Washington, D.C.
Committee on Health, Education, Labor, and Pensions: Committee concluded a hearing to examine the nomination of Sharon Fast Gustafson, of Virginia, to be General Counsel of the Equal Employment Opportunity Commission, after the nominee testified and answered questions in her own behalf.
Select Committee on Intelligence: Committee held closed hearings on intelligence matters, receiving testimony from officials of the intelligence community. Committee recessed subject to the call.
House of Representatives
Reports Filed: Reports were filed today as follows:
S. 35, to transfer administrative jurisdiction over certain Bureau of Land Management land from the Secretary of the Interior to the Secretary of Veterans Affairs for inclusion in the Black Hills National Cemetery, and for other purposes (H. Rept. 115–626, Part 1);
H. Res. 811, providing for consideration of the bill (H.R. 4790) to amend the Volcker rule to give the Board of Governors of the Federal Reserve System sole rulemaking authority, to exclude community banks from the requirements of the Volcker rule, and for other purposes, and providing for consideration of motions to suspend the rules (H. Rept. 115–629).
Speaker: Read a letter from the Speaker wherein he appointed Representative Mimi Walters (CA) to act as Speaker pro tempore for today.
Recess: The House recessed at 12:12 p.m. and reconvened at 2 p.m.
Guest Chaplain: The prayer was offered by the Guest Chaplain, Rev. Sam Smucker, Worship Center, Lancaster, PA.
Recess: The House recessed at 2:09 p.m. and reconvened at 5 p.m.
Suspensions: The House agreed to suspend the rules and pass the following measures:
Surface Transportation Board Information Security Improvement Act: H.R. 4921, amended, to require the Surface Board of Transportation to implement certain recommendations of the Inspector General of the Department of Transportation;
Agreed to amend the title so as to read: ``To require the Surface Transportation Board to implement certain recommendations of the Inspector General of the Department of Transportation.''.
Federal Railroad Administration Safety Data Improvement Act: H.R. 4925, to require the Administrator of the Federal Railroad Administration to implement certain recommendations for management and collection of railroad safety data;
Supporting respect for human rights and encouraging inclusive governance in Ethiopia: H. Res. 128, amended, supporting respect for human rights and encouraging inclusive governance in Ethiopia;
Combat Online Predators Act: H.R. 4203, amended, to amend title 18, United States Code, with regard to stalking, by a \2/3\ yea-and-nay vote of 409 yeas to 2 nays, Roll No. 131; and
Pages H3078–80, H3081–82
End Banking for Human Traffickers Act: H.R. 2219, amended, to increase the role of the financial industry in combating human trafficking, by a \2/3\ yea-and-nay vote of 408 yeas to 2 nays, Roll No. 130.
Pages H3075–78, H3081
Senate Message: Message received from the Senate by the Clerk and subsequently presented to the House today appears on page H3081.
Adjournment: The House met at 12 noon and adjourned at 8:36 p.m.
VOLCKER RULE REGULATORY HARMONIZATION ACT
Committee on Rules: Full Committee held a hearing on H.R. 4790, the ``Volcker Rule Regulatory Harmonization Act''. The Committee granted, by record vote of 9–3, a closed rule that provides for the consideration of H.R. 4790. The rule provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services. The rule waives all points of order against consideration of the bill. The rule provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 115–67 shall be considered as adopted and the bill, as amended, shall be considered as read. The rule waives all points of order against provisions in the bill, as amended. The rule provides one motion to recommit with or without instructions. In section 2, the rule provides that it shall be in order at any time on the legislative day of April 12, 2018, for the Speaker to entertain motions that the House suspend the rules relating to H.J. Res. 2, proposing a balanced budget amendment to the Constitution of the United States. The rule provides that debate on such a motion shall be extended to four hours. The rule provides that the Chair may postpone further consideration of such a motion to a time designated by the Speaker. Testimony was heard from Representatives Hill and Maxine Waters of California.
No joint committee meetings were held.
Committee on Appropriations: Subcommittee on Department of Defense, to hold hearings to examine proposed budget estimates and justification for fiscal year 2019 for the Missile Defense Agency, 10 a.m., SD–192.
Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, to hold hearings to examine proposed budget estimates and justification for fiscal year 2019 for the Department of Agriculture, 10:30 a.m., SD–138.
Subcommittee on Energy and Water Development, to hold hearings to examine proposed budget estimates and justification for fiscal year 2019 for the Department of Energy, including the National Nuclear Security Administration, 2:30 p.m., SD–138.
Subcommittee on Transportation, Housing and Urban Development, and Related Agencies, to hold hearings to examine proposed budget estimates and justification for fiscal year 2019 for the Department of Transportation, 2:30 p.m., SD–192.
Committee on Armed Services: Subcommittee on Emerging Threats and Capabilities, to hold hearings to examine Special Operations Command's efforts to transform the force for future security challenges; with the possibility of a closed session in SVC–217, following the open session, 10 a.m., SR–232A.
Subcommittee on Readiness and Management Support, to hold hearings to examine the health of the Department of Defense industrial base and its role in providing readiness to the warfighter, 2:30 p.m., SR–232A.
Subcommittee on Strategic Forces, to hold hearings to examine United States nuclear weapons policy, programs, and strategy in review of the Defense Authorization Request for fiscal year 2019 and the Future Years Defense Program, 2:30 p.m., SR–222.
Committee on the Budget: to hold hearings to examine the Congressional Budget Office's budget and economic outlook, focusing on fiscal years 2018–2028, 10:30 a.m., SD–608.
Committee on Commerce, Science, and Transportation: to hold hearings to examine the nominations of Patrick Fuchs, of Wisconsin, and Michelle A. Schultz, of Pennsylvania, both to be a Member of the Surface Transportation Board, Department of Transportation, 10 a.m., SR–253.
Committee on Environment and Public Works: to hold hearings to examine S. 2602, to support carbon dioxide utilization and direct air capture research, to facilitate the permitting and development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, 10:15 a.m., SD–406.
Committee on Finance: Subcommittee on International Trade, Customs, and Global Competitiveness, to hold hearings to examine market access challenges in China, 2:30 p.m., SD–215.
Committee on Foreign Relations: to hold hearings to examine the nominations of Kirsten Dawn Madison, of Florida, to be an Assistant Secretary (International Narcotics and Law Enforcement Affairs), and Thomas J. Hushek, of Wisconsin, to be Ambassador to the Republic of South Sudan, both of the Department of State, 10 a.m., SD–419.
Committee on Health, Education, Labor, and Pensions: to hold hearings to examine an original bill entitled, ``The Opioid Crisis Response Act of 2018'', 10 a.m., SD–430.
Committee on Homeland Security and Governmental Affairs: to hold hearings to examine the Federal Emergency Management Agency, focusing on prioritizing a culture of preparedness, 10 a.m., SD–342.
Committee on Indian Affairs: business meeting to consider S. 1250, to amend the Indian Health Care Improvement Act to improve the recruitment and retention of employees in the Indian Health Service, restore accountability in the Indian Health Service, improve health services, and S. 2515, to amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes; to be immediately followed by an oversight hearing to examine the President's proposed budget request for fiscal year 2019 for Indian Programs, 2:30 p.m., SD–628.
Committee on the Judiciary: to hold hearings to examine the nominations of Mark Jeremy Bennett, of Hawaii, to be United States Circuit Judge for the Ninth Circuit, Nancy E. Brasel, and Eric C. Tostrud, both to be a United States District Judge for the District of Minnesota, Robert R. Summerhays, to be United States District Judge for the Western District of Louisiana, and Wendy Vitter, to be United States District Judge for the Eastern District of Louisiana, 10 a.m., SD–226.
Subcommittee on Crime and Terrorism, to hold hearings to examine defeating fentanyl, focusing on addressing the deadliest drugs fueling the opioid crisis, 2:30 p.m., SD–226.
Committee on Veterans' Affairs: to hold hearings to examine the nominations of Paul R. Lawrence, of Virginia, to be Under Secretary of Veterans Affairs for Benefits, and Joseph L. Falvey, Jr., of Michigan, to be a Judge of the United States Court of Appeals for Veterans Claims, 2:30 p.m., SR–418.
Committee on Appropriations, Subcommittee on Transportation, Housing and Urban Development, and Related Agencies, hearing entitled ``Rail Safety and Infrastructure--Stakeholder Perspectives'', 9:30 a.m., 2358–A Rayburn.
Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, budget hearing on the National Institutes of Health, 10 a.m., 2358–C Rayburn.
Subcommittee on Financial Services and General Government, budget hearing on the Internal Revenue Service, 10 a.m., 2362–A Rayburn.
Subcommittee on Interior, Environment, and Related Agencies, budget hearing on the Department of the Interior, 10 a.m., 2007 Rayburn.
Subcommittee on Defense, budget hearing on the U.S. Strategic Command, 10 a.m., H–140 Capitol. This hearing will be closed.
Subcommittee on Commerce, Justice, Science, and Related Agencies, budget hearing on the National Oceanic and Atmospheric Administration, 10:30 a.m., H–309 Capitol.
Subcommittee on State, Foreign Operations, and Related Programs, budget hearing on the Department of the Treasury International Programs, 10:30 a.m., 2359 Rayburn.
Subcommittee on Homeland Security, budget hearing on the Department of Homeland Security, 11 a.m., 2362–B Rayburn.
Subcommittee on Legislative Branch, budget hearing on the U.S. Capitol Police, 2 p.m., HT–2 Capitol.
Committee on Armed Services, Full Committee, hearing entitled ``Cyber Operations Today: Preparing for 21st Century Challenges in an Information-Enabled Society'', 10 a.m., 2118 Rayburn.
Full Committee, hearing entitled ``Member Day'', 1:30 p.m., 2118 Rayburn.
Subcommittee on Emerging Threats and Capabilities, hearing entitled ``A Review and Assessment of the Department of Defense Budget, Strategy, Policy, and Programs for Cyber Operations and U.S. Cyber Command for Fiscal Year 2019'', 3:30 p.m., 2212 Rayburn.
Committee on Energy and Commerce, Full Committee, hearing entitled ``Facebook: Transparency and Use of Consumer Data'', 10 a.m., 2123 Rayburn.
Subcommittee on Oversight and Investigations, hearing entitled ``Update on the Restoration of Puerto Rico's Electric Infrastructure'', 2 p.m., 2322 Rayburn.
Subcommittee on Health, begin hearing entitled ``Combating the Opioid Crisis: Improving the Ability of Medicare and Medicaid to Provide Care for Patients'', 2:15 p.m., 2123 Rayburn.
Committee on Financial Services, Full Committee, hearing entitled ``The 2018 Semi-Annual Report of the Bureau of Consumer Financial Protection'', 10 a.m., 2128 Rayburn.
Committee on Foreign Affairs, Full Committee, hearing entitled ``Financing Overseas Development: The Administration's Proposal'', 10 a.m., 2172 Rayburn.
Subcommittee on Asia and the Pacific, hearing entitled ``North Korea's Diplomatic Gambit: Will History Repeat Itself?'', 2 p.m., 2172 Rayburn.
Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations, hearing entitled ``No Abducted Child Left Behind: An Update on the Goldman Act'', 2 p.m., 2200 Rayburn.
Committee on the Judiciary, Full Committee, markup on H.R. 5283, to make technical amendments to update statutory references to certain provisions classified to title 7, title 20, and title 43, United States Code; H.R. 5293, to make technical amendments to update statutory references to certain provisions that were formerly classified to title 50, Appendix, United States Code; H.R. 5335, to make technical amendments to update statutory references to provisions reclassified to title 34, United States Code; H.R. 5344, to make technical amendments to update statutory references to certain provisions which were formerly classified to chapters 14 and 19 of title 25, United States Code; and legislation on the Music Modernization Act, 10 a.m., 2141 Rayburn.
Committee on Natural Resources, Full Committee, markup on H.R. 3144, to provide for operations of the Federal Columbia River Power System pursuant to a certain operation plan for a specified period of time, and for other purposes; H.R. 3392, the ``Lake Bistineau Land Title Stability Act''; H.R. 3997, the ``Free Veterans from Fees Act''; H.R. 4257, the ``Advancing Conservation and Education Act''; and H.R. 5005, to direct the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of establishing the birthplace of James Weldon Johnson in Jacksonville, Florida, as a unit of the National Park System, 10:15 a.m., 1324 Longworth.
Subcommittee on Federal Lands, hearing on H.R. 1037, to authorize the National Emergency Medical Services Memorial Foundation to establish a commemorative work in the District of Columbia and its environs, and for other purposes; H.R. 1791, the ``Mountains to Sound Greenway National Heritage Act''; H.R. 2991, the ``Susquehanna National Heritage Area Act''; and H.R. 3045, the ``Eastern Legacy Extension Act'', 2 p.m., 1324 Longworth.
Committee on Oversight and Government Reform, Subcommittee on Healthcare, Benefits and Administrative Rules, hearing entitled ``Local Responses and Resources to Curtail the Opioid Epidemic'', 10 a.m., 2154 Rayburn.
Committee on Science, Space, and Technology, Subcommittee on Oversight; and Subcommittee on Research and Technology, joint hearing entitled ``Scholars or Spies: Foreign Plots Targeting America's Research and Development'', 10 a.m., 2318 Rayburn.
Committee on Small Business, Full Committee, hearing entitled ``The State of Trade for America's Small Businesses'', 11 a.m., 2360 Rayburn.
Committee on Veterans' Affairs, Subcommittee on Economic Opportunity, markup on H.R. 1206, to amend title 38, United States Code, to include the cost of applying to an institution of higher learning as part of the benefits provided under the Post-9/11 Educational Assistance Program; H.R. 3023, to amend title 38, United States Code, to eliminate the authority of the Secretary of Veterans Affairs to pay reporting fees to educational institutions; H.R. 3940, to amend title 38, United States Code, to provide for housing stipends and supply fee payments under the Post-9/11 Educational Assistance Program for individuals affected by extended school closures due to natural disasters; H.R. 4451, to amend title 38, United States Code, to provide for a five-year extension to the homeless veterans reintegration programs and to provide clarification regarding eligibility for services under such programs; H.R. 4830, to amend title 38, United States Code, to provide for the disapproval of any course of education for purposes of the educational assistance programs of the Department of Veterans Affairs unless the educational institution providing the course permits individuals to attend or participate in courses pending payment by Department, and for other purposes; H.R. 4835, to extend the pilot program on off-base transition training for veterans and spouses; and H.R. 5044, to amend title 38, United States Code, to clarify the treatment of certain surviving spouses under the contracting goals and preferences of the Department of Veterans Affairs, 2 p.m., 334 Cannon.
Committee on Ways and Means, Full Committee, markup on legislation to amend the Internal Revenue Code of 1986 to modernize and improve the Internal Revenue Service, and for other purposes; legislation to amend the Internal Revenue Code of 1986 to improve cybersecurity and taxpayer identity protection, and modernize the information technology of the Internal Revenue Service, and for other purposes; H.R. 2901, the ``Volunteer Income Tax Assistance Permanence Act of 2017''; H.R. 5440, to require notice from the Secretary of the Treasury in the case of any closure of a Taxpayer Assistance Center; H.R. 5438, to amend the Internal Revenue Code of 1986 to allow officers and employees of the Department of the Treasury to provide to taxpayers information regarding low-income taxpayer clinics; legislation to amend the Internal Revenue Code of 1986 to restrict the immediate sale of seized property by Secretary of the Treasury to perishable goods; H.R. 5437, to require the Secretary of the Treasury to establish a program for the issuance of identity protection personal identification numbers; H.R. 5439, to provide for a single point of contact at the Internal Revenue Service for the taxpayers who are victims of tax-related identity theft; legislation to amend the Internal Revenue Code of 1986 to require electronic filing of the annual returns of exempt organizations and provide for making such returns available for public inspection; H.R. 4403, the ``Moving Americans Privacy Protection Act''; H.R. 1512, the ``Social Security Child Protection Act of 2017''; H.R. 5192, the ``Protecting Children from Identity Theft Act'', 10 a.m., 1100 Longworth.
Joint Economic Committee: to hold hearings to examine unleashing America's economic potential, 2 p.m., SH–216.
Program for Wednesday: Senate will continue consideration of the nomination of John F. Ring, of the District of Columbia, to be a Member of the National Labor Relations Board, post-cloture, and vote on confirmation of the nomination at 12:20 p.m.
Following disposition of the nomination of John F. Ring, Senate will vote on the motion to invoke cloture on the nomination of Patrick Pizzella, of Virginia, to be Deputy Secretary of Labor.
Program for Wednesday: Complete consideration of H.R. 4293--Stress Test Improvement Act and H.R. 4061--Financial Stability Oversight Council Improvement Act. Begin consideration of H.R. 4790--Volcker Rule Regulatory Harmonization Act (Subject to a Rule). Consideration of the following measure under suspension of the Rules: H.J. Res. 2--Proposing a balanced budget amendment to the Constitution of the United States.
Babin, Brian, Tex., E411
Beatty, Joyce, Ohio, E428
Blunt Rochester, Lisa, Del., E409
Buck, Ken, Colo., E419
Cook, Paul, Calif., E410
Courtney, Joe, Conn., E427
Crowley, Joseph, N.Y., E422
Frankel, Lois, Fla., E424
Frelinghuysen, Rodney P., N.J., E424
Gohmert, Louie, Tex., E420
Grijalva, Raúl M., Ariz., E413
Hanabusa, Colleen, Hawaii, E428
Huffman, Jared, Calif., E413
Jackson Lee, Sheila, Tex., E416
Jenkins, Evan H., W.Va., E412
Johnson, Eddie Bernice, Tex., E426
Luetkemeyer, Blaine, Mo., E409
McMorris Rodgers, Cathy, Wash., E415
Panetta, Jimmy, Calif., E427
Poe, Ted, Tex., E427
Polis, Jared, Colo., E412
Rokita, Todd, Ind., E415
Ryan, Tim, Ohio, E417
Sessions, Pete, Tex., E419
Sewell, Terri A., Ala., E421
Valadao, David G., Calif., E414
Walker, Mark, N.C., E409
Wenstrup, Brad R., Ohio, E411
Wittman, Robert J., Va., E417