Daily Digest

Wednesday, September 5, 2018

Daily Digest


    Senator-designate Jon Kyl, of Arizona, was administered the oath of office by the Vice President.


Chamber Action

Routine Proceedings, pages S6035–S6040

Measures Introduced: Four bills were introduced, as follows: S. 3408–3411.
Page S6038

Measures Reported:

S. 2515, to amend the Indian Self-Determination and Education Assistance Act to provide further self-governance by Indian Tribes. (S. Rept. No. 115–335)
Page S6038

Swearing in of Senator Kyl
: The Chair laid before the Senate the certificate of appointment of Senator-designate Jon Kyl of the State of Arizona, and the oath of office was then administered as required by the U.S. Constitution and prescribed by law.
Page S6036

Nomination Confirmed: Senate confirmed the following nomination:

By 85 yeas to 14 nays (Vote No. EX. 202), Elad L. Roisman, of Maine, to be a Member of the Securities and Exchange Commission for a term expiring June 5, 2023.
Pages S6036, S6040

Messages from the House:
Page S6037

Measures Referred:
Pages S6037–38

Additional Cosponsors:
Page S6038

Record Votes: One record vote was taken today. (Total--202)
Page S6036

Adjournment: Senate convened at 12 noon and adjourned at 1:18 p.m., until 12 noon on Thursday, September 6, 2018. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S6038.)

Committee Meetings

(Committees not listed did not meet)


Committee on Commerce, Science, and Transportation: Committee ordered favorably reported the following business items:

S. 1965, to amend the Marine Mammal Protection Act of 1972 to protect the cultural practices and livelihoods of producers of Alaska Native handicrafts and traditional mammoth ivory products, with an amendment in the nature of a substitute;

S. 2773, to improve the management of driftnet fishing, with an amendment in the nature of a substitute;

S. 3367, to amend certain transportation-related reporting requirements to improve congressional oversight, reduce reporting burdens, and promote transparency, with an amendment in the nature of a substitute;

H.R. 4323, to promote veteran involvement in STEM education, computer science, and scientific research, with an amendment in the nature of a substitute; and

The nominations of Rick A. Dearborn, of Oklahoma, to be a Director of the Amtrak Board of Directors, Kelvin Droegemeier, of Oklahoma, to be Director of the Office of Science and Technology Policy, James Morhard, of Virginia, to be Deputy Administrator of the National Aeronautics and Space Administration, and Joel Szabat, of Maryland, to be an Assistant Secretary of Transportation.


Committee on Commerce, Science, and Transportation: Committee concluded an oversight hearing to examine the Transportation Security Administration, focusing on keeping our skies secure, after receiving testimony from David P. Pekoske, Administrator, Transportation Security Administration, Department of Homeland Security.



Committee on Foreign Relations: Committee concluded a hearing to examine the value of the North Atlantic Treaty Organization alliance, after receiving testimony from Richard N. Haass, Council on Foreign Relations, New York, New York; R. Nicholas Burns, Harvard University John F. Kennedy School of Government Robert and Renee Belfer Center for Science and International Affairs, Cambridge, Massachusetts; and Stanley R. Sloan, Middlebury College, Middlebury, Vermont.


Committee on Foreign Relations: Subcommittee on East Asia, the Pacific, and International Cybersecurity Policy concluded a hearing to examine the China challenge, focusing on security and military developments, after receiving testimony from Oriana Skylar Mastro, American Enterprise Institute, and Abraham M. Denmark, Woodrow Wilson International Center for Scholars, both of Washington, D.C.


Committee on Health, Education, Labor, and Pensions: Committee concluded a hearing to examine the impact of zero tariffs on United States autoworkers, after receiving testimony from John Bozzella, Association of Global Automakers, Inc., on behalf of Here for America, Thea Mei Lee, Economic Policy Institute, Stephen Moore, The Heritage Foundation, and Bryan Riley, National Taxpayers Union, all of Washington, D.C.


Committee on the Judiciary: Committee held a hearing to examine the nomination of Brett M. Kavanaugh, of Maryland, to be an Associate Justice of the Supreme Court of the United States. The nominee testified in his own behalf. Hearing recessed subject to the call and will meet again on Thursday, September 6, 2018.


Committee on Veterans' Affairs: Committee concluded a hearing to examine the nominations of Tamara Bonzanto, of New Jersey, to be an Assistant Secretary (Office of Accountability and Whistleblower Protection), and James Paul Gfrerer, of Virginia, to be an Assistant Secretary (Information and Technology), both of the Department of Veterans Affairs, after the nominees testified and answered questions in their own behalf.


Select Committee on Intelligence: Committee concluded a hearing to examine foreign influence operations' use of social media platforms, after receiving testimony from Sheryl Sandberg, Facebook, Menlo Park, California; and Jack Dorsey, Twitter, Inc., San Francisco, California.

House of Representatives

Chamber Action

Public Bills and Resolutions Introduced: 11 public bills, H.R. 6702–6712 and 1 resolution, H. Res. 1050 were introduced.
Page H7870

Additional Cosponsors:
Pages H7870–71

Report Filed: A report was filed today as follows:

H. Res. 1051, providing for consideration of the bill (H.R. 6691) to amend title 18, United States Code, to clarify the definition of ``crime of violence'', and for other purposes, and providing for consideration of motions to suspend the rules (H. Rept. 115–920).
Page H7870

Speaker: Read a letter from the Speaker wherein he appointed Representative Weber (TX) to act as Speaker pro tempore for today.
Page H7827

Recess: The House recessed at 10:45 a.m. and reconvened at 12 noon.
Page H7832

Journal: The House agreed to the Speaker's approval of the Journal by voice vote.
Pages H7832–33, H7864

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.
Page H7833

Recess: The House recessed at 12:49 p.m. and reconvened at 1:02 p.m.
Page H7838

Suspensions: The House agreed to suspend the rules and pass the following measures:
Improving Embassy Design and Security Act of 2018: H.R. 4969, amended, to improve the design and construction of diplomatic posts;
Pages H7840–43

Cyber Deterrence and Response Act of 2018: H.R. 5576, amended, to address state-sponsored cyber activities against the United States; and
Pages H7843–48

Global Electoral Exchange Act: H.R. 5274, amended, to promote international exchanges on best election practices, cultivate more secure democratic institutions around the world.
Pages H7848–50

Recess: The House recessed at 3:44 p.m. and reconvened at 5:05 p.m.
Page H7861

Oath of Office--Twelfth Congressional District of Ohio: Representative-elect Troy Balderson 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 copy of a letter received from the Honorable Jon Husted, Ohio Secretary of State, indicating that, at the Special Election held on August 7, 2018, the Honorable Troy Balderson was elected Representative to Congress for the 12th Congressional District, State of Ohio.
Page H7862

Whole Number of the House: The Speaker announced to the House that, in light of the administration of the oath to the gentleman from Ohio, Mr. Balderson, the whole number of the House is 430.
Page H7863

Empowering Students Through Enhanced Financial Counseling Act: The House passed H.R. 1635, to amend the loan counseling requirements under the Higher Education Act of 1965, by a yea-and-nay vote of 406 yeas to 4 nays, Roll No. 385.
Pages H7834–38, H7838–40, H7850–61, H7862, H7863–64


Rejected the Lamb motion to recommit to the Committee on Education and the Workforce with instructions to report the same back to the House forthwith with an amendment, by a yea-and-nay vote of 187 yeas to 224 nays, Roll No. 384.
Pages H7861, H7862

Agreed to:

Stefanik amendment (No. 1 printed in part A of H. Rept. 115–919) that provides all students with an explanation of how to seek additional assistance from the financial aid office should they experience a change of financial circumstance; additionally, the amendment would specify that a borrower receives the loan amount they requested;
Page H7856

Murphy (FL) amendment (No. 2 printed in part A of H. Rept. 115–919) that requires institutions of higher education, as part of the annual counseling process mandated by the bill, to inform a student borrower that the loan amounts the student uses during an academic term will count towards the student's aggregate loan amounts, regardless of whether the credits transfer;
Pages H7856–57

O'Halleran amendment (No. 3 printed in part A of H. Rept. 115–919) that requires counseling to disclose the anticipated monthly payment to borrowers for any income-driven repayment plan for which they are eligible, improving borrowers' awareness of income-driven repayment plan options;
Pages H7857–58

Lewis (MN) amendment (No. 4 printed in part A of H. Rept. 115–919) that clarifies all payment options for Parent PLUS loans and notifies Parent PLUS borrowers that their dependent may qualify for and should consider scholarships, grants, and federal work-study jobs prior to borrowing;
Pages H7858–59

Allen amendment (No. 5 printed in part A of H. Rept. 115–919) that provides that nothing prohibits institutions from providing additional financial counseling;
Page H7859

Hartzler amendment (No. 6 printed in part A of H. Rept. 115–919) that encourages institutions of higher education to have students attend in-person loan counseling sessions; and
Pages H7859–60

Jayapal amendment (No. 7 printed in part A of H. Rept. 115–919) that adds requirement that student loan exit counseling includes a warning about illegitimate third-party debt relief companies, which offer services for a fee already provided to borrowers free of charge through loan servicers.
Pages H7860–61

H. Res. 1049, the rule providing for consideration of the bills (H.R. 1635) and (H.R. 4606) was agreed to a yea-and-nay vote of 224 yeas to 180 nays, Roll No. 383, after the previous question was ordered by a recorded vote of 221 ayes to 186 noes, Roll No. 382.
Pages H7834–38, H7838–39

Committee Elections: The House agreed to H. Res. 1050, electing a Member to certain standing committees of the House of Representatives.
Page H7864

Senate Referrals: S. 186 was held at the desk. S. 994 was held at the desk. S. 2553 was referred to the Committee on Energy and Commerce and the Committee on Ways and Means. S. 3021 was referred to the Committee on Transportation and Infrastructure.
Page H7868

Senate Message: Message received from the Senate by the Clerk and subsequently presented to the House today and appears on page H7833.

Quorum Calls--Votes: Three yea-and-nay votes and one recorded vote developed during the proceedings of today and appear on pages H7838–39, H7839, H7862, and H7863–64. There were no quorum calls.

Adjournment: The House met at 10 a.m. and adjourned at 6:34 p.m.


Committee Meetings


Committee on Education and the Workforce: Subcommittee on Higher Education and Workforce Development held a hearing entitled ``On-The-Job: Rebuilding the Workforce Through Apprenticeships''. Testimony was heard from B.J. Dernbach, Assistant Deputy Secretary, Department of Workforce Development, Wisconsin; and public witnesses.


Committee on Energy and Commerce: Subcommittee on Health held a hearing entitled ``Opportunities to Improve Health Care''. Testimony was heard from Derek Schmidt, Attorney General, Kansas; and public witnesses.


Committee on Energy and Commerce: Full Committee held a hearing entitled ``Twitter: Transparency and Accountability''. Testimony was heard from a public witness.


Committee on Financial Services: Subcommittee on Monetary Policy and Trade held a hearing entitled ``The Future of Money: Coins and Banknotes''. Testimony was heard from Leonard R. Olijar, Director, Bureau of Engraving and Printing; and David J. Ryder, Director, United States Mint, Department of the Treasury.


Committee on Financial Services: Subcommittee on Housing and Insurance held a hearing entitled ``The Cost of Regulation on Affordable Multifamily Development''. Testimony was heard from public witnesses.


Committee on Natural Resources: Full Committee held a markup on H. Res. 418, urging the Secretary of the Interior to recognize the cultural significance of Rib Mountain by adding it to the National Register of Historic Places; H. Res. 460, requesting the Secretary of the Interior to recognize the rich history of the logging industry and the importance of lumberjack sports by adding the Lumberjack Bowl to the National Register of Historic Places; H.R. 5420, the ``FDR Historic Preservation Act''; H.R. 5513, the ``Big Bear Land Exchange Act''; H.R. 6013, the ``Migratory Bird Framework and Hunting Opportunities for Veterans Act''; H.R. 6287, the ``9/11 Memorial Act''; H.R. 6299, the ``Nevada Lands Bill Technical Corrections Act of 2018''; H.R. 6599, to modify the application of temporary limited appointment regulations to the National Park Service, and for other purposes; H.R. 6665, the ``Offshore Wind for Territories Act''; H.R. 6678, the ``Claude Moore Farm Land Conveyance Act''; H.R. 6687, to direct the Secretary of the Interior to manage the Point Reyes National Seashore in the State of California consistent with Congress' longstanding intent to maintain working dairies and ranches on agricultural property as part of the seashore's unique historic, cultural, scenic and natural values, and for other purposes; and S. 2857, the ``National Nordic Museum Act''. H. Res. 418, H. Res. 460, H.R. 6287, H.R. 6599, H.R. 6665, H.R. 6678, and S. 2857 were ordered reported, without amendment. H.R. 5420, H.R. 5513, H.R. 6013, H.R. 6299, and H.R. 6687 were ordered reported, as amended.


Committee on Natural Resources: Subcommittee on Water, Power, and Oceans held a hearing on H.R. 6583, the ``Big Sand Wash Project Title Transfer Act''; and H.R. 6652, to direct the Secretary of the Interior to convey certain facilities, easements, and rights-of-way to the Kennewick Irrigation District, and for other purposes. Testimony was heard from Austin Ewell, Deputy Assistant Secretary for Water and Science, Department of the Interior; and public witnesses.


Committee on Rules: Full Committee held a hearing on H.R. 6691, the ``Community Safety and Security Act of 2018''. The Committee granted, by record vote of 5–4, a rule providing for the consideration of H.R. 669 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 the Judiciary. 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 provides one motion to recommit. In section 2, the rule provides that it shall be in order at any time on the legislative day of September 13, 2018, for the Speaker to entertain motions that the House suspend the rules and that the Speaker or his designee shall consult with the Minority Leader or her designee on the designation of any matter for consideration pursuant to this section. Testimony was heard from Chairman Goodlatte and Representative Jackson Lee.



Committee on Small Business: Full Committee held a hearing entitled ``Surveying Storms: A Deeper Dive into SBA's Disaster Response''. Testimony was heard from James Rivera, Associate Administrator, Office of Disaster Assistance, Small Business Administration.


Committee on Transportation and Infrastructure: Subcommittee on Highways and Transit held a hearing entitled ``Innovation in Surface Transportation''. Testimony was heard from Randell Iwasaki, Executive Director, Contra Costa Transportation Authority, California; and public witnesses.


Committee on Veterans' Affairs: Subcommittee on Oversight and Investigations held a hearing entitled ``Reusable Medical Equipment: Continuing to Examine VHA's Sterile Processing Problems''. Testimony was heard from Teresa D. Boyd, Assistant Under Secretary for Health for Clinical Operations, Department of Veterans Affairs; Sharon Silas, Acting Director, Health Care, Government Accountability Office; and John Daigh, M.D., Assistant Inspector General for Healthcare Inspections, Department of Veterans Affairs.


Committee on Veterans' Affairs: Subcommittee on Disability Assistance and Memorial Affairs held a hearing on H.R. 4312, the ``Fallen Warrior Battlefield Cross Memorial Act''; H.R. 6409, the ``Honoring Veterans' Families Act''; and H.R. 6420, to permit the Secretary of Veterans Affairs to establish a grant program to conduct cemetery research and produce educational materials for the Veterans Legacy Program. Testimony was heard from Representatives LaMalfa, Lamb, and Renacci; Matthew Sullivan, Deputy Under Secretary for Finance and Planning, National Cemetery Administration, Department of Veterans Affairs; and public witnesses.


Committee on Ways and Means: Full Committee held a markup on H.R. 6662, the ``Empowering Seniors' Enrollment Decision Act of 2018''; H.R. 6690, the ``Fighting Fraud to Protect Care for Seniors Act of 2018''; H.R. 6561, the ``Comprehensive Care for Seniors Act of 2018''; H.R. 3635, the ``Local Coverage Determination Clarification Act of 2017''; H. Res. 1018, requesting the President to transmit to the House of Representatives certain documents in the possession of the President relating to the determination to impose certain tariffs and to the strategy of the United States with respect to China. H.R. 6662, H.R. 6690, H.R. 6561, and H.R. 3635 were ordered reported, as amended. H. Res. 1018 was ordered reported, without amendment.

Joint Meetings


Conferees met to resolve the differences between the Senate and House passed versions of H.R. 2, to provide for the reform and continuation of agricultural and other programs of the Department of Agriculture through fiscal year 2023.


Conferees met to resolve the differences between the Senate and House passed versions of H.R. 5895, making appropriations for energy and water development and related agencies for the fiscal year ending September 30, 2019.



(Committee meetings are open unless otherwise indicated)


Committee on Appropriations: Subcommittee on Commerce, Justice, Science, and Related Agencies, to hold hearings to examine proposed budget estimates and justification for fiscal year 2019 for the Bureau of Industry and Security, the International Trade Administration, and the United States International Trade Commission, 10 a.m., SD–192.

Committee on Banking, Housing, and Urban Affairs: to hold hearings to examine outside perspectives on Russia sanctions, focusing on current effectiveness and potential for next steps, 10 a.m., SD–538.

Committee on Environment and Public Works: Subcommittee on Transportation and Infrastructure, to hold hearings to examine the nomination of Harold B. Parker, of New Hampshire, to be Federal Cochairperson of the Northern Border Regional Commission, 10 a.m., SD–406.

Committee on the Judiciary: to continue hearings to examine the nomination of Brett M. Kavanaugh, of Maryland, to be an Associate Justice of the Supreme Court of the United States, 9:30 a.m., SH–216.


Committee on Energy and Commerce, Subcommittee on Environment, hearing entitled ``Perfluorinated Chemicals in the Environment: An Update on the Response to Contamination and Challenges Presented'', 10 a.m., 2123 Rayburn.


Subcommittee on Oversight and Investigations, hearing entitled ``Examining Federal Efforts to Ensure Quality of Care and Resident Safety in Nursing Homes'', 10:15 a.m., 2322 Rayburn.

Subcommittee on Energy, markup on H.R. 6511, the ``Strategic Petroleum Reserve Reform Act'', 1 p.m., 2123 Rayburn.

Committee on Financial Services, Full Committee, hearing entitled ``A Failure to Act: How a Decade without GSE Reform Has Once Again Put Taxpayers at Risk'', 10 a.m., 2128 Rayburn.

Committee on Foreign Affairs, Subcommittee on Africa, Global Health, Global Human Rights, and International Organizations, hearing entitled ``Tackling Fentanyl: The China Connection'', 2 p.m., 2200 Rayburn.

Subcommittee on the Western Hemisphere, hearing entitled ``U.S. Policy Toward Cuba'', 2 p.m., 2172 Rayburn.

Committee on Homeland Security, Subcommittee on Cybersecurity and Infrastructure Protection; and Subcommittee on Transportation and Protective Security, joint hearing entitled ``Understanding Cybersecurity Threats to America's Aviation Sector'', 10 a.m., HVC–210.

Committee on the Judiciary, Full Committee, markup on H.R. 5468, the ``Permitting Litigation Efficiency Act of 2018'', 10:30 a.m., 2141 Rayburn.

Committee on Natural Resources, Subcommittee on Federal Lands, hearing on H.R. 5706, the ``World War II Pacific Sites Establishment Act''; H.R. 6108, the ``Preserving America's Battlefields Act''; H.R. 6118, to direct the Secretary of the Interior to annually designate at least one city in the United States as an ``American World War II Heritage City'', and for other purposes; H.R. 6365, the ``Treaty of Guadalupe-Hidalgo Land Claims Act of 2018''; and H.R. 6682, the ``Protection and Transparency for Adjacent Landowners Act'', 10 a.m., 1324 Longworth.

Committee on Oversight and Government Reform, Subcommittee on Intergovernmental Affairs; and Subcommittee on the Interior, Energy and Environment, joint hearing entitled ``Permitting: Finding a Path Forward'', 10 a.m., 2154 Rayburn.

Full Committee, hearing entitled ``Evaluating Federal Disaster Response and Recovery Efforts'', 1 p.m., 2154 Rayburn.

Committee on Transportation and Infrastructure, Subcommittee on Aviation, hearing entitled ``Airspace Integration of New Aircraft'', 10 a.m., 2167 Rayburn.

Committee on Veterans' Affairs, Subcommittee on Economic Opportunity, hearing entitled ``A Review of VA's Specially Adaptive Housing Grant Programs (SAH)'', 2 p.m., 334 Cannon.

Joint Meetings

Joint Economic Committee: to hold hearings to examine the positive economic growth effects of the Tax Cuts and Jobs Act, 2:30 p.m., SD–G50.


Next Meeting of the

12 noon, Thursday, September 6

Senate Chamber

Program for Thursday: Senate will be in a period of morning business.

Next Meeting of the

10 a.m., Thursday, September 6

House Chamber

Program for Thursday: Consideration of H.R. 4606--Ensuring Small Scale LNG Certainty and Access Act. Consideration of H.R. 6691--Community Safety and Security Act of 2018 (Subject to a Rule).

Extensions of Remarks, as inserted in this issue


Bera, Ami, Calif., E1201

Bergman, Jack, Mich., E1202, E1209

Bishop, Sanford D., Jr., Ga, E1204

Carter, John R., Tex., E1205

Cartwright, Matt, Pa., E1202, E1206, E1210

Collins, Doug, Ga., E1201, E1203, E1205, E1206, E1207, E1208, E1210, E1211

Eshoo, Anna G., Calif., E1208

Frelinghuysen, Rodney P., N.J., E1203, E1210

Gallagher, Mike, Wisc., E1201

Gomez, Jimmy, Calif., E1209

Graves, Sam, Mo., E1201

Gutiérrez, Luis V., Ill., E1205

Higgins, Brian, N.Y., E1207

Huffman, Jared, Calif., E1202, E1210

Jackson Lee, Sheila, Tex., E1204

Katko, John, N.Y., E1204, E1211

Long, Billy, Mo., E1204, E1211

Lynch, Stephen F., Mass., E1207

Norton, Eleanor Holmes, The District of Columbia, E1206

Poe, Ted, Tex., E1206

Schakowsky, Janice D., Ill., E1209

Schiff, Adam B., Calif., E1201

Sessions, Pete, Tex., E1205, E1207

Sherman, Brad, Calif., E1208

Thompson, Bennie G., Miss., E1207

Walters, Mimi, Calif., E1205

Wittman, Robert J., Va., E1202, E1206, E1210