Proceedings, Debates of the U.S. Congress
July 10, 2018
115th Congress, 2nd Session
Issue: Vol. 164, No. 115 — Daily Edition
Entire Issue (PDF)
Daily Digest Section (PDF)
Tuesday, July 10, 2018
- Senate insisted on its amendment to H.R. 5515, John S. McCain National Defense Authorization Act, agreed to the request from the House for a conference, and appointed conferees.
Report to accompany S. 2800, to provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States. (S. Rept. No. 115–294)
John S. McCain National Defense Authorization Act--Motions to Instruct Conferees: By 91 yeas to 8 nays (Vote No. 147), Senate insisted on its amendment to H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, agreed to the request of the House for a conference, and authorized the Chair to appoint conferees on the part of the Senate, after taking action on the following motions to instruct conferees on the part of the Senate on the disagreeing votes of the two Houses on the bill to be instructed to insist on the inclusion in the final conference report the following motions proposed thereto:
Pages S4857–58, S4867–69
By 97 yeas to 2 nays (Vote No. 148), Cornyn Motion to Instruct Conferees to insist that the conference report include language to maintain the position of the Senate regarding modernization of the Committee on Foreign Investment in the United States, as reflected in title XVII of the Senate amendment.
By 97 yeas to 2 nays (Vote No. 149), Reed Motion to Instruct Conferees to (1) reaffirm the commitment of the United States to the North Atlantic Treaty Organization (NATO) alliance as a community of freedom, peace, security, and shared values, including liberty, human rights, democracy, and the rule of law; (2) reaffirm the ironclad commitment of the United States to its obligations under Article 5 of the North Atlantic Treaty to the collective self-defense of the North Atlantic Treaty Organization alliance; (3) establish as the policy of the United States pursuit of an integrated approach to strengthening the defense of allies and partners in Europe as part of a broader, long-term strategy using all elements of United States national power to deter and, if necessary, defeat Russian aggression; (4) call on the Administration to urgently prioritize the completion of a comprehensive whole-of-government strategy to counter malign activities of Russia that seek to undermine faith in democratic institutions in the United States and around the world, and to submit that strategy to Congress without delay; and (5) reflect the support of the United States for the rules-based international order that has ensured, and will continue to promote, an international system that benefits all nations, and for deepening and expanding alliances and partnerships to jointly work with one another on shared challenges in Europe and the Indo-Pacific Region and throughout the world.
The Chair appointed the following conferees on the part of the Senate: Senators McCain, Inhofe, Wicker, Fischer, Cotton, Rounds, Ernst, Tillis, Sullivan, Perdue, Cruz, Graham, Sasse, Scott, Crapo, Reed, Nelson, McCaskill, Shaheen, Gillibrand, Blumenthal, Donnelly, Hirono, Kaine, King, Heinrich, Warren, Peters, and Brown.
Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act--Agreement: A unanimous-consent-time agreement was reached providing that notwithstanding Rule XXII, at 12 noon, on Wednesday, July 11, 2018, the Chair lay before the Senate the message to accompany H.R. 5895, making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2019; that the Majority Leader, or his designee, be recognized the make a compound motion to go to conference, and that Senate immediately vote on the motion; and that if the motion is agreed to, Senators Cassidy and Corker each be recognized to offer a motion to instruct conferees, and Senate vote on the motions in the order listed, with no further action on the compound motion, and that there be two minutes of debate between each vote, equally divided in the usual form.
Benczkowski Nomination--Agreement: Senate resumed consideration of the nomination of Brian Allen Benczkowski, of Virginia, to be an Assistant Attorney General, Department of Justice.
Pages S4858–67, S4869–72
By 51 yeas to 48 nays (Vote No. 146), Senate agreed to the motion to close further debate on the nomination.
A unanimous-consent agreement was reached providing that notwithstanding the provisions of Rule XXII, at 2 p.m., on Wednesday, July 11, 2018, all post-cloture time on the nomination be considered expired and Senate immediately vote on confirmation of the nomination; and that following disposition of the nomination, Senate vote on the motion to invoke cloture on the nomination of Paul C. Ney, Jr., of Tennessee, to be General Counsel of the Department of Defense.
A unanimous-consent agreement was reached providing for further consideration of the Benczkowski nomination, post-cloture, at approximately 10 a.m., on Wednesday, July 11, 2018; and that all time during adjournment, Leader remarks, and morning business count post-cloture on the nomination.
Nomination Confirmed: Senate confirmed the following nomination:
Nominations Received: Senate received the following nominations:
Brett M. Kavanaugh, of Maryland, to be an Associate Justice of the Supreme Court of the United States.
39 Army nominations in the rank of general.
1 Navy nomination in the rank of admiral.
Messages from the House:
Enrolled Bills Presented:
Executive Reports of Committees:
Statements on Introduced Bills/Resolutions:
Authorities for Committees to Meet:
Privileges of the Floor:
Adjournment: Senate convened at 10 a.m. and adjourned at 7:29 p.m., until 10 a.m. on Wednesday, July 11, 2018. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S4880.)
Committee on Foreign Relations: Committee ordered favorably reported the following business items:
S. 2497, to amend the Foreign Assistance Act of 1961 and the Arms Export Control Act to make improvements to certain defense and security assistance provisions and to authorize the appropriations of funds to Israel, with an amendment in the nature of a substitute; and
The nominations of Randy W. Berry, of Colorado, to be Ambassador to the Federal Democratic Republic of Nepal, Donald Lu, of California, to be Ambassador to the Kyrgyz Republic, and Alaina B. Teplitz, of Colorado, to be Ambassador to the Democratic Socialist Republic of Sri Lanka, and to serve concurrently and without additional compensation as Ambassador to the Republic of Maldives, all of the Department of State, and routine lists in the Foreign Service.
Committee on Veterans' Affairs: Committee ordered favorably reported the nomination of Robert L. Wilkie, of North Carolina, to be Secretary of Veterans Affairs.
House of Representatives
Reports Filed: Reports were filed today as follows:
H.R. 6139, to require the Securities and Exchange Commission to carry out a study to evaluate the issues affecting the provision of and reliance upon investment research into small issuers (H. Rept. 115–808);
H.R. 5793, to authorize the Secretary of Housing and Urban Development to carry out a housing choice voucher mobility demonstration to encourage families receiving such voucher assistance to move to lower-poverty areas and expand access to opportunity areas (H. Rept. 115–809);
H.R. 5749, to require the appropriate Federal banking agencies to increase the risk-sensitivity of the capital treatment of certain centrally cleared options, and for other purposes, with an amendment (H. Rept. 115–810);
H. Res. 985, providing for consideration of the bill (H.R. 50) to provide for additional safeguards with respect to imposing Federal mandates, and for other purposes, and providing for consideration of the bill (H.R. 3281) to authorize the Secretary of the Interior to facilitate the transfer to non-Federal ownership of appropriate reclamation projects or facilities, and for other purposes (H. Rept. 115–812); and
H. Res. 938, resolution of inquiry directing the Attorney General to provide certain documents in the Attorney General's possession to the House of Representatives relating to the ongoing congressional investigation related to certain prosecutorial and investigatory decisions made by the Department of Justice and Federal Bureau of Investigation surrounding the 2016 election, with an amendment (H. Rept. 115–813).
Speaker: Read a letter from the Speaker wherein he appointed Representative Francis Rooney (FL) to act as Speaker pro tempore for today.
Recess: The House recessed at 12:06 p.m. and reconvened at 2 p.m.
Recess: The House recessed at 2:11 p.m. and reconvened at 2:30 p.m.
Suspensions: The House agreed to suspend the rules and pass the following measures:
Transportation Worker Identification Credential Accountability Act of 2018: H.R. 5729, amended, to restrict the department in which the Coast Guard is operating from implementing any rule requiring the use of biometric readers for biometric transportation security cards until after submission to Congress of the results of an assessment of the effectiveness of the transportation security card program;
Requiring the Securities and Exchange Commission to carry out a study to evaluate the issues affecting the provision of and reliance upon investment research into small issuers: H.R. 6139, to require the Securities and Exchange Commission to carry out a study to evaluate the issues affecting the provision of and reliance upon investment research into small issuers;
Larry Doby Congressional Gold Medal Act: H.R. 1861, to award a Congressional Gold Medal in honor of Lawrence Eugene ``Larry'' Doby in recognition of his achievements and contributions to American major league athletics, civil rights, and the Armed Forces during World War II;
Options Markets Stability Act: H.R. 5749, amended, to require the appropriate Federal banking agencies to increase the risk-sensitivity of the capital treatment of certain centrally cleared options, by a \2/3\ yea-and-nay vote of 385 yeas with none voting ``nay'', Roll No. 315;
Pages H6000–02, H6027–28
Agreed to amend the title so as to read: ``To require the appropriate Federal banking agencies to increase the risk-sensitivity of the capital treatment of certain centrally cleared exchange-listed options and derivatives, and for other purposes''.
Main Street Growth Act: H.R. 5877, amended, to amend the Securities Exchange Act of 1934 to allow for the registration of venture exchanges;
Building Up Independent Lives and Dreams Act: H.R. 5953, to provide regulatory relief to charitable organizations that provide housing assistance;
International Insurance Standards Act of 2018: H.R. 4537, amended, to preserve the State-based system of insurance regulation and provide greater oversight of and transparency on international insurance standards setting processes;
Housing Choice Voucher Mobility Demonstration Act of 2018: H.R. 5793, to authorize the Secretary of Housing and Urban Development to carry out a housing choice voucher mobility demonstration to encourage families receiving such voucher assistance to move to lower-poverty areadigess and expand access to opportunity areas, by a \2/3\ yea-and-nay vote of 368 yeas to 19 nays, Roll No. 314;
Pages H6010–13, H6025–26
Simplifying Disclosures for Investors Act: H.R. 5970, amended, to require the Securities and Exchange Commission to implement rules simplifying the quarterly financial reporting regime;
Agreed to amend the title so as to read: ``To require the Securities and Exchange Commission to carry out a cost benefit analysis of the use of Form 10–Q and for other purposes.''.
Intercountry Adoption Information Act of 2018: H.R. 5626, amended, to amend the Intercountry Adoption Act of 2000 to require the Secretary of State to report on intercountry adoptions from countries which have significantly reduced adoption rates involving immigration to the United States;
Strongly condemning the slave auctions of migrants and refugees in Libya: H. Res. 644, amended, strongly condemning the slave auctions of migrants and refugees in Libya;
Agreed to amend the title so as to read: ``Strongly condemning slave auctions and the exploitation of migrants and refugees as forced laborers in Libya, and for other purposes.''.
Sam Farr Peace Corps Enhancement Act: H.R. 2259, amended, to amend the Peace Corps Act to expand services and benefits for volunteers;
SCORE for Small Business Act: H.R. 1700, amended, to amend the Small Business Act to reauthorize the SCORE program; and
Small Business Innovation Protection Act: H.R. 2655, to amend the Small Business Act to expand intellectual property education and training for small businesses.
Recess: The House recessed at 5:34 p.m. and reconvened at 6:29 p.m.
Oath of Office--Twenty-Seventh Congressional District of Texas: Representative-elect Michael Cloud presented himself in the well of the House and was administered the Oath of Office by the Speaker. Earlier, the Clerk of the House transmitted a facsimile copy of a letter received from Mr. Keith Ingram, Director of Elections, Office of the Secretary of State of Texas, indicating that, at the Special Election held on June 30, 2018, the Honorable Michael Cloud was elected Representative to Congress for the 27th Congressional District, State of Texas.
Whole Number of the House: The Speaker announced to the House that, in light of the administration of the oath to the gentleman from Texas, Mr. Cloud, the whole number of the House is 429.
Permission to File Report: Agreed by unanimous consent that the Committee on the Judiciary be authorized to file a supplemental report on the resolution, House Resolution 928, of inquiry requesting the President and directing the Attorney General to transmit, respectively, certain documents to the House of Representatives relating to the President's use of the pardon power under article II, section 2 of the Constitution.
Senate Message: Message received from the Senate by the Clerk and subsequently presented to the House today and appears on page H5995.
Adjournment: The House met at 12 noon and adjourned at 8:31 p.m.
UNFUNDED MANDATES INFORMATION AND TRANSPARENCY ACT OF 2017; RECLAMATION TITLE TRANSFER AND NON-FEDERAL INFRASTRUCTURE INCENTIVIZATION ACT
Committee on Rules: Full Committee held a hearing on H.R. 50, the ``Unfunded Mandates Information and Transparency Act of 2017''; and H.R. 3281, the ``Reclamation Title Transfer and Non-Federal Infrastructure Incentivization Act''. The Committee granted, by record vote of 6–3, a rule providing for the consideration of H.R. 50 under a structured rule. The rule provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on Oversight and Government Reform. The rule waives all points of order against consideration of the bill. The rule provides that the amendment recommended by the Committee on Oversight and Government Reform now printed in the bill 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 makes in order only those further amendments printed in the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question. The rule waives all points of order against the amendments printed in the report. The rule provides one motion to recommit with or without instructions. In section 2, the rule provides for the consideration of H.R. 3281 under a closed rule. The rule provides one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Natural Resources. The rule waives all points of order against consideration of the bill. The rule provides that the bill shall be considered as read. The rule waives all points of order against provisions in the bill. The rule provides one motion to recommit. Testimony was heard from Chairman Foxx and Representative Lamborn.
No joint committee meetings were held.
H.R. 931, to require the Secretary of Health and Human Services to develop a voluntary registry to collect data on cancer incidence among firefighters. Signed on July 7, 2018. (Public Law 115–194)
H.R. 2229, to amend title 5, United States Code, to provide permanent authority for judicial review of certain Merit Systems Protection Board decisions relating to whistleblowers. Signed on July 7, 2018. (Public Law 115–195)
S. 1091, to establish a Federal Advisory Council to Support Grandparents Raising Grandchildren. Signed on July 7, 2018. (Public Law 115–196)
Committee on Commerce, Science, and Transportation: to hold hearings to examine complex cybersecurity vulnerabilities, focusing on lessons learned from Spectre and Meltdown, 10 a.m., SR–253.
Committee on Energy and Natural Resources: Subcommittee on National Parks, to hold hearings to examine S. 3172, to amend title 54, United States Code, to establish, fund, and provide for the use of amounts in a National Park Service Legacy Restoration Fund to address the maintenance backlog of the National Park Service, 3 p.m., SD–366.
Committee on Environment and Public Works: to hold hearings to examine the long-term value to United States taxpayers of low-cost Federal infrastructure loans, 10 a.m., SD–406.
Committee on Finance: Subcommittee on Social Security, Pensions, and Family Policy, to hold hearings to examine the importance of paid family leave for American working families, 3 p.m., SD–215.
Committee on Foreign Relations: business meeting to consider S. Res. 557, expressing the sense of the Senate regarding the strategic importance of NATO to the collective security of the transatlantic region and urging its member states to work together at the upcoming summit to strengthen the alliance, Time to be announced, S–116, Capitol.
Committee on Homeland Security and Governmental Affairs: Subcommittee on Federal Spending Oversight and Emergency Management, to hold hearings to examine warrantless smartphone searches at the border, 2:30 p.m., SD–342.
Committee on Indian Affairs: business meeting to consider H.R. 597, to take lands in Sonoma County, California, into trust as part of the reservation of the Lytton Rancheria of California; to be immediately followed by a hearing to examine S. 2599, to provide for the transfer of certain Federal land in the State of Minnesota for the benefit of the Leech Lake Band of Ojibwe, 2:30 p.m., SD–628.
Committee on the Judiciary: to hold hearings to examine the nominations of Ryan Douglas Nelson, of Idaho, to be United States Circuit Judge for the Ninth Circuit, Stephen R. Clark, Sr., to be United States District Judge for the Eastern District of Missouri, John M. O'Connor, to be United States District Judge for the Northern, Eastern and Western Districts of Oklahoma, Joshua Wolson, to be United States District Judge for the Eastern District of Pennsylvania, and James W. Carroll, Jr., of Virginia, to be Director of National Drug Control Policy, 10 a.m., SD–226.
Committee on Rules and Administration: to hold hearings to examine election security preparations, focusing on Federal and vendor perspectives, 10:30 a.m., SR–301.
Select Committee on Intelligence: closed business meeting to consider pending intelligence matters, Time to be announced, S–216, Capitol.
Committee on Appropriations, Full Committee, markup on FY 2019 Labor, Health and Human Services, Education, and Related Agencies Appropriations Bill, 10 a.m., 2175 Rayburn.
Committee on Armed Services, Subcommittee on Emerging Threats and Capabilities, hearing entitled ``Department of Defense's Role in Foreign Assistance'', 10 a.m., 2118 Rayburn.
Committee on Energy and Commerce, Subcommittee on Health, hearing entitled ``Opportunities to Improve the 340B Drug Pricing Program'', 10 a.m., 2123 Rayburn.
Subcommittee on Communications and Technology, hearing entitled ``Protecting Customer Proprietary Network Information in the Internet Age'', 10:15 a.m., 2322 Rayburn.
Subcommittee on Digital Commerce and Consumer Protection, hearing entitled ``Examining Drug-Impaired Driving'', 1 p.m., 2123 Rayburn.
Committee on Financial Services, Full Committee, markup on H.R. 1611, the ``Gender Diversity in Corporate Leadership Act of 2017''; H.R. 3555, the ``Exchange Regulatory Improvement Act''; H.R. 6021, the ``Small Business Audit Correction Act of 2018''; H.R. 6177, the ``Developing and Empowering our Aspiring Leaders Act''; legislation on the Expanding Investment in Small Businesses Act; legislation on the Enhancing Multi-Class Stock Disclosure Act; legislation on the Middle Market IPO Underwriting Cost Act; legislation on the Promoting Transparent Standards for Corporate Insiders Act; legislation on the Investment Adviser Regulatory Flexibility Improvement Act; and legislation on the National Senior Investor Initiative Act of 2018, 10 a.m., 2128 Rayburn.
Committee on Foreign Affairs, Full Committee, hearing entitled ``Advancing U.S. Interests in the Western Hemisphere'', 10 a.m., 2172 Rayburn.
Subcommittee on Terrorism, Nonproliferation, and Trade; and Subcommittee on Asia and the Pacific, joint hearing entitled ``China's Predatory Trade and Investment Strategy'', 2 p.m., 2172 Rayburn.
Committee on Homeland Security, Full Committee, hearing entitled ``DHS's Progress in Securing Election Systems and Other Critical Infrastructure'', 10:30 a.m., HVC–210.
Committee on Natural Resources, Full Committee, markup on H.R. 577, to designate a peak in the State of Nevada as Maude Frazier Mountain; H.R. 1482, to authorize the Secretary of Agriculture to maintain or replace certain facilities and structures for commercial recreation services at Smith Gulch in Idaho, and for other purposes; H.R. 3764, the ``Little Shell Tribe of Chippewa Indians Restoration Act of 2017''; H.R. 5613, the ``Quindaro Townsite National Historic Landmark Act''; H.R. 6077, the ``National Comedy Center Recognition Act''; and H.R. 6302, to enact as law certain regulations relating to the taking of double-crested cormorants, 10:15 a.m., 1324 Longworth.
Subcommittee on Water, Power and Oceans, hearing on H.R. 6038, to establish a procedure for the conveyance of certain Federal property around the Dickinson Reservoir in the State of North Dakota; H.R. 6039, to establish a procedure for the conveyance of certain Federal property around the Jamestown Reservoir in the State of North Dakota, and for other purposes; H.R. 6040, the ``Contra Costa Canal Transfer Act''; and H.R. 5556, the ``Environmental Compliance Cost Transparency Act of 2018'', 2 p.m., 1324 Longworth.
Committee on Oversight and Government Reform, Subcommittee on National Security, hearing entitled ``The Muslim Brotherhood's Global Threat'', 10 a.m., 2154 Rayburn.
Committee on Rules, Full Committee, hearing on H.R. 6237, the ``Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019'', 3 p.m., H–313 Capitol.
Committee on Small Business, Full Committee, hearing entitled ``Innovation Nation: How Small Businesses in the Digital Technology Industry Use Intellectual Property'', 11 a.m., 2360 Rayburn.
Committee on Ways and Means, Full Committee, markup on H.R. 6301, to amend the Internal Revenue Code of 1986 to provide high deductible health plans with first dollar coverage flexibility; legislation to amend the Internal Revenue Code of 1986 to provide that direct primary care service arrangements do not disqualify deductible health savings account contributions, and for other purposes; H.R. 6305, the ``Bipartisan HSA Improvement Act of 2018''; H.R. 6312, the ``PHIT Act''; H.R. 6309, to amend the Internal Revenue Code of 1986 to allow individuals entitled to Medicare Part A by reason of being over age 65 to contribute to health savings accounts; H.R. 6199, to amend the Internal Revenue Code of 1986 to include certain over-the-counter medical products as qualified medical expenses; H.R. 6306, to amend the Internal Revenue Code of 1986 to increase the contribution limitation for health savings accounts, and for other purposes; H.R. 6313, the ``Responsible Additions and Increases to Sustain Employee Health Benefits Act of 2018''; H.R. 4616, to amend the Patient Protection and Affordable Care Act to provide for a temporary moratorium on the employer mandate and to provide for a delay in the implementation of the excise tax on high cost employer-sponsored health coverage; H.R. 6314, the ``Health Savings Act of 2018''; and H.R. 6311, to amend the Internal Revenue Code of 1986 and the Patient Protection and Affordable Care Act to modify the definition of qualified health plan for purposes of the health insurance premium tax credit and to allow individuals purchasing health insurance in the individual market to purchase a lower premium copper plan, 2 p.m., 1100 Longworth.
Program for Wednesday: Senate will continue consideration of the nomination of Brian Allen Benczkowski, of Virginia, to be an Assistant Attorney General, Department of Justice, post-cloture.
At approximately 12 noon, Senate will vote on a compound motion to go to conference on H.R. 5895, Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, to be followed by votes on or in relation to motions to instruct conferees.
At 2 p.m., Senate will vote on confirmation of the Benczkowski nomination. Following disposition of the Benczkowski nomination, Senate will vote on the motion to invoke cloture on the nomination of Paul C. Ney, Jr., of Tennessee, to be General Counsel of the Department of Defense.
Program for Wednesday: Consideration of H.R. 200--Strengthening Fishing Communities and Increasing Flexibility in Fisheries Management Act (Subject to a Rule). Begin consideration of H.R. 3281--Reclamation Title Transfer and Non-Federal Infrastructure Incentivization Act (Subject to a Rule) and H.R. 50--Unfunded Mandates Information and Transparency Act (Subject to a Rule). Consideration of the following measure under suspension of the Rules: H.R. 2075--Crooked River Ranch Fire Protection Act.
Blum, Rod, Iowa, E990
Bordallo, Madeleine Z., Guam, E991
Cleaver, Emanuel, Mo., E992
Denham, Jeff, Calif., E985
Dingell, Debbie, Mich., E987
Jackson Lee, Sheila, Tex., E987
Krishnamoorthi, Ill., E986
Lipinski, Daniel, Ill., E983
McCaul, Michael T., Tex., E986
Meadows, Mark, N.C., E984
Norton, Eleanor Holmes, The District of Columbia, E984
O'Halleran, Tom, Ariz., E988
Rogers, Mike, Ala., E993
Schiff, Adam B., Calif., E991
Shimkus, John, Ill., E993
Smith, Christopher H., N.J., E990
Tipton, Scott R., Colo., E984
Tonko, Paul, N.Y., E989