Xavier Becerra

Mr. BECERRA

Mr. BECERRA. Madam Chairman, I yield myself the balance of my time. I asked if the proponents would name the name of an American who has been discriminated against, the name of an employer who has discriminated against an American worker. They gave none. This is all anecdotal. These are all stories. They don't have anything to do with the fact that we need to pass the Homeland Security bill because we are jeopardizing the funding for our security. Are people tone-deaf to what happened in Paris that they would do these types of amendments at a time when we need to support our men and women who protect us through Homeland Security? This is wrong, and that is why we oppose this senseless sense of Congress amendment. Madam Chairman, I yield back the balance of my time.

Mr. BECERRA. Madam Chair, I rise in opposition to the amendment.

Mr. BECERRA. Madam Chair, I yield myself 2 minutes. Madam Chairman, the barbaric killing in Paris last week of 17 innocent human beings, including two police officers, is a stark reminder of the high price we sometimes pay to exercise our freedoms, including our freedom of speech. Here in this House, we exercise that freedom every day on this floor, but that freedom comes with a responsibility. We are all entitled to our own opinions, and we can express them here, but we are not entitled to our own set of facts. This sense of Congress fails in that responsibility. First, it misappropriates the facts, but worse, it misrepresents the facts. The Affordable Care Act prohibits the precise activity and conduct by employers that this sense of Congress says it is trying to prohibit. In fact, the Affordable Care Act has explicit language, and I will, for the Record, submit 29 U.S. Code, section 218(c), protections for employees, which specifically prohibits an employer from discriminating against an American citizen who works for that employer for the purposes of hiring someone who doesn't have a right to work and, therefore, will not get insurance. So the worst part of this sense of Congress is that it tries to mislead the American people to think something is going on that isn't. And if it is going on then, in the time that the gentleman has to push his amendment, I would urge him to name a name of an employer who is doing this to an American citizen who should be allowed to work. 29 U.S. Code Sec. 218c--Protections for employees (a) Prohibition No employer shall discharge or in any manner discriminate against any employee with respect to his or her compensation, terms, conditions, or other privileges of employment because the employee (or an individual acting at the request of the employee) has-- (1) received a credit under section 36B of title 26 or a subsidy under section 18071 of title 42; (2) provided, caused to be provided, or is about to provide or cause to be provided to the employer, the Federal Government, or the attorney general of a State information relating to any violation of, or any act or omission the employee reasonably believes to be a violation of, any provision of this title (or an amendment made by this title); (3) testified or is about to testify in a proceeding concerning such violation; (4) assisted or participated, or is about to assist or participate, in such a proceeding; or (5) objected to, or refused to participate in, any activity, policy, practice, or assigned task that the employee (or other such person) reasonably believed to be in violation of any provision of this title (or amendment), or any order, rule, regulation, standard, or ban under this title (or amendment). (b) Complaint procedure (1) In general An employee who believes that he or she has been discharged or otherwise discriminated against by any employer in violation of this section may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15. (2) No limitation on rights Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee under any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section may not be waived by any agreement, policy, form, or condition of employment.

Mr. BECERRA. Madam Chair, I reserve the balance of my time.

Mr. BECERRA. Madam Chair, I yield 1\1/2\ minutes to the gentleman from New Jersey (Mr. Pascrell), who is on the Ways and Means Committee.

Mr. BECERRA. Madam Chair, I yield 1 minute to the gentleman from New York (Mr. Crowley), vice chairman of the House Democratic Caucus.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, by direction of the Democratic Caucus, I offer a privileged resolution and ask for its immediate consideration.

Mr. BECERRA

Mr. BECERRA. Mr. Chairman, I thank the ranking member for yielding. To govern means to get things done. That is pretty simple, and quite honestly, that is about all the American people ask us to do on a daily basis: get things done. Instead of bringing a clean Homeland Security funding bill to the floor of this House, our colleagues on the Republican side have decided to put our Nation's security at risk and cater to some of the most radical views in their party. It is stunning that only a week after the tragic terrorist attacks in Paris, we are standing here on the floor of the House of Representatives talking about attempts to make it more difficult for the Department of Homeland Security in the United States of America to defend our Nation. A good bill--and we have heard this, Republicans and Democrats alike say that the underlying bill to fund the Department of Homeland Security is a good one; it is just all the poison pill amendments that have been forced into this bill. So a good bill to fund our government's Homeland Security and all of its obligations will come before us and become a victim of what has become known as shutdown partisan politics. What is at stake? Border protection, customs enforcement, transportation security, Coast Guard protection, Secret Service protection, emergency management in the event of an attack or a natural or manmade disaster--all put in jeopardy to play partisan politics. If the American people are going to believe that Congress is anything more than a graveyard for good ideas, then we need to get to work and not let a tiny minority of radical voices block progress. It is time for us to say to Americans: We get it; we heard you. It is time to protect the homeland. It is time for us to act bipartisanly, and it is time for us to act as leaders for all Americans, not a political party. We must pass a clean funding bill for the Department of Homeland Security without delay, and then, yes, we can get to debate immigration and immigration reform and pass a comprehensive immigration reform bill, but don't put the security of our people and our homeland at risk simply to game the system. Let's pass a clean Homeland Security bill. Let us defeat all these amendments and get to work the way the American people expect us to.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, this is the final amendment to the bill, H.R. 30. This amendment will not kill the bill or send it back to committee. If adopted, the bill will immediately proceed to final passage, as amended. Mr. Speaker, my colleagues, H.R. 30 is nothing more than a sucker punch to the middle class. People who live off of their inheritance aren't hurt by H.R. 30. People who live off of their investments aren't hurt by H.R. 30. Even people who are destitute and need our help to make it through the day aren't hurt by H.R. 30. The only people who are hurt are workers who earn a paycheck. They are the losers under H.R. 30. Now, it wouldn't surprise me one bit if you have been watching or listening to this debate to say to yourself, I don't understand a thing that went on. One said orange, one said apple. One said tomato, one said tomato. One said it helps, one said it hurts. That is what the debates are all about: Americans get to make decisions. We start this new Congress having made decisions as American voters, and you would think that we would then come to Congress as representatives of the people to try to now move forward together. If we can't agree it is an orange or an apple, let's figure out what we can agree with. Whom do we typically turn to to tell us what we should at least agree with if we still think it is an apple or an orange? We typically turn to the nonpartisan, neutral body that guides this Congress that is named the Congressional Budget Office. The Congressional Budget Office doesn't represent Democrats and it doesn't represent Republicans. It represents the American people and is here to guide Congress, this House, to make sure we are making decisions based on the facts. What are the facts according to the Congressional Budget Office--not Republicans, not Democrats? According to the Congressional Budget Office, this bill would increase the taxpayers' burden by $53 billion over the next decade because this bill is unpaid for. This bill would result in 1 million Americans losing their employer-sponsored coverage. That is not Democrats saying that or Republicans. That is the Congressional Budget Office. This bill would increase the number of people who obtain their coverage by government-sponsored health care because they would have lost their employer-sponsored health care. And that is why the American taxpayer would have to foot the bill of close to $53 billion. This bill would also, according to the Congressional Budget Office, increase the number of Americans who end up with no health insurance up to 500,000. That is not my number; that is CBO's. I think it is higher, but CBO says 500,000. I will be guided by CBO. CBO tells us as well that there are some five to six times as many American workers who are at the 40-hour-a-week threshold than there are Americans who work at about 30 hours. So when this bill says that now the threshold will be 40 hours, any employer who decides to cut 1 hour--the time of this debate, 1 hour--from the paycheck of an American worker has escaped responsibility to provide health insurance for all those workers under their employ--1 hour. Six times more American workers are working 40 hours a week than 30 hours a week. That is why H.R. 30 costs the American taxpayer money. That is why it is bad for Americans and their paychecks. Now, Americans really don't care much about these debates. At the end of the day, they want to know we are doing something and getting something done. They want to know we are working together to solve some problems. They want us to boost job growth. They want us to boost an economy that works for all Americans, not just the privileged few. We have some pretty good news for them over the last few years. Nearly 11 million new jobs, 57 consecutive months of job growth, the longest streak in our country's history. Thanks to the Affordable Care Act which is being debated today, 10 million more Americans today have health insurance, and that means health security that they didn't have before. The deficit has been cut by two-thirds, gas prices cut by half--good news. So you are probably not surprised to learn a couple of other things. During that same time, the economy has grown 12 percent, corporate profits have grown 46 percent, and the stock market 92 percent. What is the missing element in all of that growth? Paychecks. The paychecks of the average American worker have stagnated over that time. Everybody else is doing well at the top, but the guys at the middle, they are hurting. What does H.R. 30 do? It sucker punches that same American worker who has to earn a paycheck--not the guy who has an inheritance, not the guy who has investments to live off of--the guy who lives off of a paycheck. My motion to recommit says stop that. We have our final chance to do that. Vote for the motion to recommit. Vote against H.R. 30, and let's work on behalf of Americans and their paychecks.

Mr. BECERRA. Mr. Speaker, on that I demand the yeas and nays.

Mr. BECERRA. Mr. Speaker, I have a motion to recommit at the desk.

Mr. BECERRA. I am opposed.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, by direction of the Democratic Caucus, I offer a privileged resolution and ask for its immediate consideration.

Mr. BECERRA

Mr. BECERRA. Madam Speaker, I offer a resolution and ask unanimous consent for its immediate consideration.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, as chairman of the Democratic Caucus, I have been directed to report to the House that the Democratic Members have selected as minority leader the gentlewoman from California, the Honorable Nancy Pelosi.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, as chairman of the Democratic Caucus, I have been directed to report to the House that the Democratic Members have selected as minority whip the gentleman from Maryland, the Honorable Steny Hoyer, and as assistant Democratic leader, the gentleman from South Carolina, the Honorable James Clyburn.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, I have an amendment to the resolution, but before offering the amendment, I request that there be a division of the question on the resolution so that we may have a separate vote on the Chaplain.

Mr. BECERRA. Mr. Speaker, I offer an amendment to the remainder of the resolution.

Mr. BECERRA

Mr. BECERRA. Madam Clerk, first I would like to recognize each and every Member who has taken to this floor to represent the people of the United States and say congratulations to them and to all of their loved ones who are here witnessing this solemn event where we will have an opportunity to lead our country. We say congratulations to them as well. Madam Clerk, I have the distinct pleasure of nominating someone who is a proven leader, someone who already will go down in history as one of the most effective Speakers the House of Representatives has ever seen, someone who has shown that it doesn't take a man to get the job done, that it can be done by an American who is devoted to this country, someone who knows her heritage, someone who has worked tirelessly for the American people, but someone who understands first and foremost that the job of this House is to get things done. I have been empowered, Madam Clerk, to nominate on behalf of all working Americans, those Americans who still believe in the American Dream, to put the name of the gentlewoman from San Francisco who will serve again in the House of Representatives, put her name forward for the office of the Speaker of the House of Representatives for the 114th Congress. I, therefore, at this point put before you the name of Nancy Pelosi to serve as the Speaker of the House of Representatives.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, I thank the gentlelady for yielding. It is time to get to work. Americans don't care who won or lost in the election. They just want us to get our work done. They want us to work together to solve the problems that they see every day. They want us to boost job growth, and they want us to build an economy that works for all Americans, not just the privileged few. The rules of the road that should guide this Congress should be built on the foundation that has increased opportunities for American families over the last few years--nearly 11 million new jobs, 57 consecutive months of job growth, the longest streak in our country's history. There are 10 million more Americans with health insurance, which means more security for those Americans. The deficit has been cut by two-thirds since 2009. What is the one piece of the puzzle that we now need to work on? In that span of time since we have seen things go better; the economy has grown 12 percent; corporate profits have grown by 46 percent, and the stock market by 92 percent. What hasn't grown? The paycheck that the average American gets day in and day out for working to do all those things to make it possible for the stock market and corporations to succeed. So it is time for us to focus on the middle of America that works hard every month and gets a paycheck but doesn't see that paycheck grow. This rules package requires Congress to use fuzzy math, so-called dynamic scoring, to make it easier to give massive tax breaks to special interests and the wealthy. Is that what the middle class wants? No. Republicans have also added a midnight change to this rules package that rigs the rules against 59 million Americans who currently receive Social Security and to the 160 million Americans who are working today to get Social Security in the future and don't know if Social Security will be there based on these rules. That is not what Americans in the middle want. Congress should be in the business of making life better, not worse, for everyday Americans. So let's establish rules of the road for this Congress that let us build on the economic progress of nearly 11 million new Americans going back to work, 57 months straight of job growth. What we don't need are rules of the road for this House that give a green light to reckless legislating that favors special interests and the privileged few at the expense of the middle class and America's Social Security.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, I rise today to celebrate the legacy of public service for two of our departing colleagues, Rep. George Miller and Rep. Henry Waxman. I have had the pleasure of serving alongside Reps. Miller and Waxman for over twenty years and it is with great respect and admiration that I say goodbye to them as colleagues, friends and brothers-in-arms. Since 1975, Henry and George have not only served the people of their districts but also our nation as champions of progressive democratic ideals and stewards for the tenets established by our founding fathers. Their legacy as effective legislators is virtually unmatched in the House of Representatives and serves as a reminder that constructive work can lead to positive results in this legislative body. George and Henry together claim responsibility for enacting some of the most important legislation that has come before Congress over the last century. Henry's leadership on the Clean Air Act, the Ryan White CARE Act, the State Children's Health Insurance Program or the Family Smoking Prevention and Tobacco Control Act are only a few examples of his passion and dedication. George's leadership on the California Desert Protection Act, the Davis-Bacon Act, and the Fair Minimum Wage Act were a result of his endless tenacity and compassion. I will always remember how instrumental each of them was in securing the enactment of the Affordable Care Act; what seven presidents could not accomplish over so many decades, President Obama principally accomplished because of the relentless efforts of each of them. Whether we found ourselves in legislative foxholes or at the vanguard of new ideas and solutions, we were always in it together for the American people. Their efforts were always led by the desire to serve the best interests, ideals and policies for our nation. Mr. Speaker, many are called to public service, but few leave legacies that endure the way that Rep. Henry Waxman and Rep. George Miller's legacies will endure. As they move on to the next stage of their lives, with their health intact and their heads held high, let us be thankful that we had these champions of American democracy and patriots for America's freedom for forty years.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, It's a laudable and worthy goal to incentivize savings and ensure that families of individuals with disabilities have access to the resources they need. But Congress has a responsibility to ensure that limited resources benefit those who need the help the most. Unfortunately, this bill is yet another example of an upside-down tax code that provides the greatest benefits to those of greatest means, not to middle class families living paycheck to paycheck. Additionally, as AARP has noted in the attached letter, ``establishing the ABLE program should not be achieved by tapping into Medicare savings.'' Using Medicare savings to offset non-health related programs sets a dangerous precedent. While there are elements to this bill that both sides can agree on, this bill takes one step forward and two steps back. American Association of Retired People, December 3, 2014. Dear Representative: As the largest nonprofit, nonpartisan organization representing the interests of Americans age 50 and older and their families, AARP urges you to reject using Medicare savings as an offset to pay for non-healthcare programs, including the cost of the Achieving a Better Life Experience (ABLE) Act of 2014. AARP has consistently advocated against using permanent reductions in Medicare to pay for other unrelated government spending. While we agree it is important to help individuals with disabilities maintain health, independence, and quality of life, we oppose using Medicare savings to finance tax expenditures or other non-healthcare programs. The ABLE Act establishes tax-exempt savings plans for persons with disabilities, making it much easier for them and their families to save for future expenses. Although ABLE accounts are only available for individuals under the age of 26, the savings accrued will help with living expenses as the person ages. This is especially important because at ages 50- 64, adults with disabilities are less than half as likely to be employed as those without disabilities. However, establishing the ABLE program should not be achieved by tapping into Medicare savings. This is especially true at a time when Medicare faces its own long term funding needs, and when Congress will shortly need to find savings to pay for either permanent Medicare SGR reform or another temporary ``doc fix'' in 2015. We urge you to remove Medicare offsets from the ABLE Act. Sincerely, Nancy A. LeaMond, Executive Vice President, State & National Group.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, I thank the ranking member for yielding me this time. I don't hear anyone disagreeing that our immigration system is broken. It is broken for our commerce as businesses try to figure out how to do the best business across the border, as they try to figure out who they can employ and not employ. It is broken. I don't think anyone contests that. We need to have as much security here at home as we can because we know, abroad, there are folks who would like to hurt us. If we don't have a Department of Homeland Security with laws that work well, our security is broken. Certainly, the whole discussion here makes it very clear that American families--American families--are being disrupted, separated day after day. No one wants to see that done to an American family, certainly not to a whole bunch of American citizens who want to have opportunities in the future. Our immigration system is broken. Let's just all agree on that. So what do we do? Well, we can fix the broken immigration system, or we can put message bills on the floor of the House that are never going to get signed and become law and leave in 5 more days and end the year 2014 without having done anything and watch as we have gone more than two to three decades without fixing a broken immigration system. Or we could finally take the bill that has been sitting here in the House for 525 days that passed in the Senate on a bipartisan vote, 68 out of 100 Senators, Republicans and Democrats, voted to fix the broken immigration system. That has been sitting here waiting for a vote for 525 days. We have 5 days left in this session. Within 5 days, we could fix the broken immigration system for our economy, for our families, and for our national security; or we could do a message bill as we have on the floor, which will not pass the Senate, which will not be signed by the President, which means that we leave 2014 having done nothing. The President said in January, during his State of the Union, ``Congress, let's get this done together, but if you can't do something, then I will do what I can under my executive authority.''

Mr. BECERRA. The President said in his State of the Union, ``If you can't do something, I will do what I can under my executive authority under the Constitution.'' And so he did. Now, it is a matter of trying to make things work better and smarter, given that we have a broken immigration system. Now is not the time to double down with these social agenda matters that go nowhere. We could get this done, but we all have to be accountable. Just as we demand those immigrant families to be accountable, Congress has to be accountable. Let's get this done. The American people have been telling us that for years. Get this done. You know the solution. Let's act. There are 5 days to go. Let's get this done. Put the Senate bipartisan bill on the floor, and we will get this done.

Mr. BECERRA

Mr. BECERRA. Mr. Speaker, we are expecting another speaker, but I reserve the balance of my time and let the gentleman from Texas proceed if he has another speaker.