Proceedings, Debates of the U.S. Congress
March 21, 2018
115th Congress, 2nd Session
Issue: Vol. 164, No. 49 — Daily Edition
Entire Issue (PDF)
Daily Digest Section (PDF)
Wednesday, March 21, 2018
S. 2213, to authorize Pacific Historic Parks to establish a commemorative display to honor members of the United States Armed Forces who served in the Pacific Theater of World War II. (S. Rept. No. 115–215)
H.R. 4300, to authorize Pacific Historic Parks to establish a commemorative display to honor members of the United States Armed Forces who served in the Pacific Theater of World War II. (S. Rept. No. 115–216)
S. Res. 224, recognizing the 5th anniversary of the death of Oswaldo Paya Sardinas, and commemorating his legacy and commitment to democratic values and principles, with an amendment in the nature of a substitute and with an amended preamble.
S. Res. 376, urging the Governments of Burma and Bangladesh to ensure the safe, dignified, voluntary, and sustainable return of the Rohingya refugees who have been displaced by the campaign of ethnic cleansing conducted by the Burmese military, with an amendment in the nature of a substitute and with an amended preamble.
Allow States and Victims to Fight Online Sex Trafficking Act: By 97 yeas to 2 nays (Vote No. 60), Senate passed H.R. 1865, to amend the Communications Act of 1934 to clarify that section 230 of such Act does not prohibit the enforcement against providers and users of interactive computer services of Federal and State criminal and civil law relating to sexual exploitation of children or sex trafficking, after taking action on the following amendments proposed thereto:
Wyden Amendment No. 2212, to clarify that efforts of a provider or user of an interactive computer service to identify, restrict access to, or remove objectionable material shall not be considered in determining the criminal or civil liability of the provider or user for other material.
Pages S1865–70, S1871
During consideration of this measure today, Senate also took the following action:
By 21 yeas to 78 nays (Vote No. 59), three-fifths of those Senators duly chosen and sworn, not having voted in the affirmative, Senate rejected the motion to waive all applicable sections of the Congressional Budget Act of 1974 and applicable budget resolutions, with respect to Wyden Amendment No. 2213, to provide additional funding to the Department of Justice to combat the online facilitation of sex trafficking. Subsequently, the point of order that the amendment violates the Senate PAYGO Rule was sustained, and the amendment thus fell.
Pages S1865, S1870–71
University of California 150th Anniversary: Committee on the Judiciary was discharged from further consideration of S. Res. 438, commemorating the 150th anniversary of the University of California, and the resolution was then agreed to.
Nominations Confirmed: Senate confirmed the following nominations:
David J. Ryder, of New Jersey, to be Director of the Mint for a term of five years.
Messages from the House:
Statements on Introduced Bills/Resolutions:
Authorities for Committees to Meet:
Record Votes: Two record votes were taken today. (Total--60)
Adjournment: Senate convened at 11 a.m. and adjourned at 5:01 p.m., until 10:30 a.m. on Thursday, March 22, 2018. (For Senate's program, see the remarks of the Majority Leader in today's Record on page S1880.)
ECONOMIC REPORT OF THE PRESIDENT
Committee on the Budget: Committee concluded a hearing to examine the Economic Report of the President, after receiving testimony from Kevin Hassett, Chairman, Council of Economic Advisers.
NUCLEAR REGULATORY COMMISSION OVERSIGHT
Committee on Environment and Public Works: Committee concluded an oversight hearing to examine the Nuclear Regulatory Commission, after receiving testimony from Kristine L. Svinicki, Chairman, and Jeff Baran, and Stephen Burns, both a Commissioner, all of the Nuclear Regulatory Commission.
Committee on Foreign Relations: Subcommittee on Near East, South Asia, Central Asia, and Counterterrorism concluded a hearing to examine stability and security challenges in Lebanon, after receiving testimony from Elliott Abrams, Council on Foreign Relations, and Robert Malley, International Crisis Group, both of Washington, D.C.
Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Michael Y. Scudder, of Illinois, and Amy J. St. Eve, of Illinois, both to be a United States Circuit Judge for the Seventh Circuit, who were introduced by Senator Duckworth, and Charles J. Williams, to be United States District Judge for the Northern District of Iowa, who was introduced by Senator Ernst, after the nominees testified and answered questions in their own behalf.
VETERANS' PROGRAMS BUDGET
Committee on Veterans' Affairs: Committee concluded a hearing to examine the President's proposed budget request for fiscal year 2019 for veterans' programs and fiscal year 2020 advance appropriations requests, after receiving testimony from David J. Shulkin, Secretary of Veterans Affairs.
Select Committee on Intelligence: Committee concluded a hearing to examine election security, after receiving testimony from Kirstjen Nielsen, Secretary, and Jeanette Manfra, Assistant Secretary, National Protection and Programs Directorate, Office of Cyber Security and Communications, both of the Department of Homeland Security; Thomas Hicks, Chairman, Election Assistance Commission; Jim Condos, Vermont Secretary of State, Burlington, on behalf of the National Association of Secretaries of State; Jeh Charles Johnson, former Secretary of Homeland Security, and Amy Cohen, National Association of State Election Directors, both of Washington, D.C.; and Eric Rosenbach, Harvard Kennedy School Belfer Center for Science and International Affairs, Cambridge, Massachusetts.
House of Representatives
Reports Filed: Reports were filed today as follows:
H. Res. 796, providing for the consideration of the Senate amendment to the bill (H.R. 1625) to amend the State Department Basic Authorities Act of 1956 to include severe forms of trafficking in persons within the definition of transnational organized crime for purposes of the rewards program of the Department of State and for other purposes; and providing for proceedings during the period from March 23, 2018 through April 9, 2018, (H. Rept. 115–614).
Speaker: Read a letter from the Speaker wherein he appointed Representative Simpson to act as Speaker pro tempore for today.
Recess: The House recessed at 10:38 a.m. and reconvened at 11 a.m.
Chaplain: The prayer was offered by the Guest Chaplain, Minister Jeremiah Tatum, Willow Avenue Church of Christ, Cookeville, Tennessee.
Message From the Clerk: The House received a message from the Clerk. Pursuant to the permission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representatives, the Clerk notified the House that she received a sealed envelope from the White House on March 20, 2018, at 4:49 p.m., and said to contain a message from the President whereby he submits a Report to the Congress on the Extension of Trade Promotion Authority.
Presidential Message: Read a message from the President wherein he transmitted to Congress a Report on the Extension of Trade Promotion Authority--referred to the Committee on Ways and Means and ordered to be printed (H. Doc. 115–104).
Message From the Clerk: The House received a message from the Clerk. Pursuant to the permission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representatives, the Clerk received the following message from the Secretary of the Senate on March 21, 2018, at 8:52 a.m.: that the Senate passed S. 899.
Discharge Petition: Representative Cohen (TN) presented to the clerk a motion to discharge the Committee on the Judiciary from the consideration of H.R. 4669 to ensure independent investigations by allowing judicial review of the removal of a special counsel. (Discharge Petition No. 8)
Recess: The House recessed at 11:21 a.m. and reconvened at 1 p.m.
Recess: The House recessed at 2:08 p.m. and reconvened at 9:15 p.m.
Trickett Wendler, Frank Mongiello, Jordan McLinn, and Matthew Bellina Right to Try Act of 2018: The House passed H.R. 5247, to authorize the use of eligible investigational drugs by eligible patients who have been diagnosed with a stage of a disease or condition in which there is reasonable likelihood that death will occur within a matter of months, or with another eligible illness, by a recorded vote of 267 ayes to 149 noes, Roll No. 121.
Pages H1738–48, H1748–50
Rejected the Pallone motion to recommit the bill to the Committee on Energy and Commerce with instructions to report the same back to the House forthwith with an amendment, by a yea-and-nay vote of 182 yeas to 233 nays, Roll No. 120.
Pages H1746–48, H1748–49
Message From the Clerk: The House received a message from the Clerk. Pursuant to the permission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representatives, the Clerk received the following message from the Secretary of the Senate on March 21, 2018, at 5:15 p.m.: that the Senate passed without amendment H.R. 1865.
Order of Business--Suspensions: Agreed by unanimous consent that further proceedings on the questions of agreeing to motions to suspend the rules with regard to H.R. 4227, H.R. 4467, H.R. 5089, H.R. 5131, may continue to be postponed through the legislative day of Thursday, March 22, 2018.
Secret Service Recruitment and Retention Act of 2018: The House agreed to take from the Speaker's table and concur in the Senate amendment to H.R. 3731, to provide overtime pay for employees of the United States Secret Service.
Unanimous Consent: When the House adjourns today, it adjourn to meet at 9 a.m. tomorrow for legislative business.
Recess: The House recessed at 10:21 p.m. and reconvened at 1:20 a.m.
Adjournment: The House met at 10 a.m. and adjourned at 1:21 a.m.
STATE AND NON-STATE ACTOR INFLUENCE OPERATIONS: RECOMMENDATIONS FOR U.S. NATIONAL SECURITY
Committee on Armed Services: Full Committee held a hearing entitled ``State and Non-State Actor Influence Operations: Recommendations for U.S. National Security''. Testimony was heard from public witnesses.
COMBATING THE OPIOID CRISIS: PREVENTION AND PUBLIC HEALTH SOLUTIONS
Committee on Energy and Commerce: Subcommittee on Health held a hearing entitled ``Combating the Opioid Crisis: Prevention and Public Health Solutions''. Testimony was heard from Scott Gottlieb, M.D., Commissioner, Food and Drug Administration, Department of Health and Human Services; Anne Schuchat, Acting Director, Centers for Disease Control and Prevention; Christopher M. Jones, Director of the National Mental Health and Substance Use Policy Laboratory, Substance Abuse and Mental Health Services Administration, Department of Health and Human Services; and public witnesses.
Committee on Financial Services: Full Committee held a markup on H.R. 2683, the ``Protecting Veterans Credit Act of 2017''; H.R. 4659, to require the appropriate Federal banking agencies to recognize the exposure-reducing nature of client margin for cleared derivatives; 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; H.R. 4861, the ``Ensuring Quality Unbiased Access to Loans Act of 2018''; H.R. 5051, the ``Public Company Registration Threshold Act''; H.R. 5076, the ``Small Bank Exam Cycle Improvement Act of 2018''; H.R. 5082, the ``Practice of Law Technical Clarification Act of 2018''; and H.R. 5323, the ``Derivatives Fairness Act''. H.R. 2683, H.R. 5076, and H.R. 4790 were ordered reported, as amended. H.R. 4861, H.R. 5082, H.R. 4659, H.R. 5051, and H.R. 5323 were ordered reported, without amendment.
THE FY 2019 FOREIGN ASSISTANCE BUDGET
Committee on Foreign Affairs: Full Committee held a hearing entitled ``The FY 2019 Foreign Assistance Budget''. Testimony was heard from Mark Green, Administrator, U.S. Agency for International Development.
U.S. RESPONSES TO CHINA'S FOREIGN INFLUENCE OPERATIONS
Committee on Foreign Affairs: Subcommittee on Asia and the Pacific held a hearing entitled ``U.S. Responses to China's Foreign Influence Operations''. Testimony was heard from public witnesses.
IMPLICATIONS OF A U.S.-SAUDI ARABIA NUCLEAR COOPERATION AGREEMENT FOR THE MIDDLE EAST
Committee on Foreign Affairs: Subcommittee on the Middle East and North Africa held a hearing entitled ``Implications of a U.S.-Saudi Arabia Nuclear Cooperation Agreement for the Middle East''. Testimony was heard from public witnesses.
SENATE AMENDMENT TO THE TARGET ACT
Committee on Rules: Full Committee held a hearing on Senate amendment to H.R. 1625, the ``TARGET Act [Consolidated Appropriations Act, 2018]. The Committee granted, by record vote of 8–3, a rule that provides for the consideration of the Senate amendment to H.R. 1625. The rule makes in order a motion offered by the chair of the Committee on Appropriations or his designee that the House concur in the Senate amendment with an amendment consisting of the text of Rules Committee Print 115–66. The rule waives all points of order against consideration of the motion. The rule provides that the Senate amendment and the motion shall be considered as read. The rule provides one hour of debate on the motion equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations. In section 2, the rule provides that on any legislative day during the period from March 23, 2018, through April 9, 2018: the Journal of the proceedings of the previous day shall be considered as approved; and the Chair may at any time declare the House adjourned to meet at a date and time to be announced by the Chair in declaring the adjournment. In section 3, the rule provides that the Speaker may appoint Members to perform the duties of the Chair for the duration of the period addressed by section 2. In section 4, the rule provides that each day during the period addressed by section 2 shall not constitute a calendar day for the purposes of section 7 of the War Powers Resolution (50 U.S.C. 1546). In section 5, the rule provides that each day during the period addressed by section 2 shall not constitute a legislative day for purposes of clause 7 of rule XIII (resolutions of inquiry). Finally, in section 6, the rule provides that the chair of the Committee on Appropriations may insert in the Congressional Record not later than March 22, 2018, such material as he may deem explanatory of the Senate amendment and the motion specified in section 1. Testimony was heard from Chairman Frelinghuysen, and Representatives Lowey, Newhouse, Polis, Massie, Garrett, Biggs, Jordan, Mooney of West Virginia, Webster of Florida, and Perry.
U.S. TRADE POLICY AGENDA
Committee on Ways and Means: Full Committee held a hearing entitled ``U.S. Trade Policy Agenda''. Testimony was heard from Robert E. Lighthizer, United States Trade Representative.
IMPLEMENTATION OF MACRA'S PHYSICIAN PAYMENT POLICIES
Committee on Ways and Means: Subcommittee on Health held a hearing entitled ``Implementation of MACRA's Physician Payment Policies''. Testimony was heard from Demetrios L. Kouzoukas, Principal Deputy Administrator, Centers for Medicare and Medicaid Services, Department of Health and Human Services.
No joint committee meetings were held.
Committee on Armed Services: to hold hearings to examine the challenges in the Department of Energy's atomic energy defense programs in review of the Defense Authorization Request for fiscal year 2019 and the Future Years Defense Program, 10 a.m., SH–216.
Subcommittee on Strategic Forces, to hold hearings to examine ballistic missile defense policies and programs in review of the Defense Authorization Request for fiscal year 2019 and the Future Years Defense Program, 2:30 p.m., SR–232A.
Committee on Banking, Housing, and Urban Affairs: to hold an oversight hearing to examine the Department of Housing and Urban Development, 10 a.m., SD–538.
Committee on Energy and Natural Resources: business meeting to consider the nominations of Theodore J. Garrish, of Maryland, to be an Assistant Secretary (International Affairs), and James Edward Campos, of Nevada, to be Director of the Office of Minority Economic Impact, both of the Department of Energy, and James Reilly, of Colorado, to be Director of the United States Geological Survey, Department of the Interior; to be immediately followed by a hearing to examine S. 2539, to amend the Energy and Water Development and Related Agencies Appropriations Act, 2015, to reauthorize certain projects to increase Colorado River System water, S. 2560, to authorize the Secretary of the Interior to establish a program to facilitate the transfer to non-Federal ownership of appropriate reclamation projects or facilities, and S. 2563, to improve the water supply and drought resilience of the United States, 10 a.m., SD–366.
Committee on Finance: to hold hearings to examine the President's 2018 trade policy agenda, 10 a.m., SD–215.
Committee on the Judiciary: business meeting to consider 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 Thomas T. Cullen, to be United States Attorney for the Western District of Virginia, Robert K. Hur, to be United States Attorney for the District of Maryland, and David C. Joseph, to be United States Attorney for the Western District of Louisiana, all of the Department of Justice, 10 a.m., SD–226.
Select Committee on Intelligence: closed business meeting to consider pending intelligence matters; to be immediately followed by a closed hearing to examine certain intelligence matters, 2 p.m., SH–219.
Committee on Appropriations, Subcommittee on Energy and Water Development, and Related Agencies, budget hearing entitled ``FY 19 Budget Hearing, Applied Energy'', 9 a.m., 2362–B Rayburn.
Committee on Armed Services, Subcommittee on Strategic Forces, hearing entitled ``Fiscal Year 2019 Budget Request for Nuclear Forces and Atomic Energy Defense Activities'', 9 a.m., 2118 Rayburn.
Subcommittee on Emerging Threats and Capabilities, hearing entitled ``Reviewing Department of Defense Strategy, Policy, and Programs for Countering Weapons of Mass Destruction (CWMD) for Fiscal Year 2019'', 10:30 a.m., 2212 Rayburn.
Committee on Energy and Commerce, Subcommittee on Health, hearing entitled ``Combating the Opioid Crisis: Prevention and Public Health Solutions'', 10 a.m., 2123 Rayburn.
Subcommittee on Communications and Technology, hearing entitled ``Legislative Hearing on Four Communications Bills'', 10:15 a.m., 2322 Rayburn.
Committee on Oversight and Government Reform, Subcommittee on National Security, hearing entitled ``Bureaucratic Challenges to Hurricane Recovery in Puerto Rico'', 2 p.m., 2154 Rayburn.
Committee on Science, Space, and Technology, Full Committee, markup on H.R. 5345, the ``American Leadership in Space Technology and Advanced Rocketry Act''; H.R. 5346, the ``Commercial Space Support Vehicle Act''; and H.R. 5086, the ``Innovators to Entrepreneurs Act of 2018'', 9 a.m., 2318 Rayburn.
Committee on Ways and Means, Full Committee, hearing entitled ``Hearing with Commerce Secretary Ross'', 9 a.m., 1100 Longworth.
Permanent Select Committee on Intelligence, Full Committee, business meeting on Adoption of the Committee's Investigative Report into Russian Active Measures During the 2016 Presidential Election, 9 a.m., HVC–304. This hearing is closed.
Commission on Security and Cooperation in Europe: to hold hearings to examine the Good Friday Agreement at 20, focusing on achievements and unfinished business, 9:30 a.m., 2200, Rayburn Building.
Program for Thursday: Senate will be in a period of morning business.
Program for Thursday: Consideration of Senate amendment to H.R. 1625, Consolidated Appropriations.
Babin, Brian, Tex., E357
Burgess, Michael C., Tex., E357
Collins, Chris, N.Y., E354
Courtney, Joe, Conn., E358
Fudge, Marcia L., Ohio, E356
Hudson, Richard, N.C., E352
McClintock, Tom, Calif., E351
McMorris Rodgers, Cathy, Wash., E354
Ross, Dennis A., Fla., E357
Sewell, Terri A., Ala., E356
Valadao, David G., Calif., E353