Warren Davidson

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Mr. Chairman, as we will see shortly, to highlight the fact that this isn't about getting the provision into law, I am confident a recorded vote will be requested because it is all theater. It is not meant to change the law in a substantive way; it is meant to provide cover. Mr. Chairman, I yield back the balance of my time.

Mr. DAVIDSON of Ohio. Mr. Chairman, I have an amendment at the desk.

Mr. DAVIDSON of Ohio. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I would like to start off by saying that I wholeheartedly support reauthorization of the Export-Import Bank. It is an important tool to help ensure American companies can stay competitive in foreign markets and can be used as an important national security tool in countering countries such as China. Unfortunately, there are several commonsense reforms that I think could dramatically improve the agency but which are not being considered under this bill, which is why I am offering my amendment. My amendment is modeled after the bipartisan Fentanyl Sanctions Act, introduced in the House by Max Rose and cosponsored by our colleague from Arkansas, French Hill. In the Senate, the Senate minority leader, Democrat Chuck Schumer, is the lead sponsor, joined by Republican Senator Pat Toomey and others. Under the House and Senate fentanyl bills, the President could waive sanctions against foreign state-owned banks if a foreign government is closely cooperating with our efforts to prevent opioid trafficking. This amendment's approach is similar. It simply says that the United States will oppose Ex-Im Bank assistance to a government and the entities it controls if the President determines that the government isn't cooperating with us to stop the flood of opioids into our country. China and Mexico, in particular, have been identified by the U.S. Drug Enforcement Agency as primary producers of these opioids. This amendment is not targeting those who need assistance from the United States most; in fact, my amendment would provide a waiver where exports are needed to the government in question for the export of humanitarian goods or services. We want to help those who need assistance, but we must be doing all that we can do to confront the opioid epidemic that is wreaking havoc in the United States. According to the Centers for Disease Control, opioids are the main driver of opioid deaths in America, with deaths linked to synthetic opioids, especially fentanyl, rising exponentially. Areas in southwest Ohio, where I represent, have some of the highest per capita opioid overdose deaths in the Nation. And this is an epidemic impacting all our Nation's communities. In 2017 alone, 28,000 deaths in the United States involved synthetic opioids, and deaths have risen all across demographic groups in nearly half of U.S. States. In short, this is a problem that touches all of us, and close cooperation with countries receiving Ex-Im assistance from the United States is essential. If we care about stopping this epidemic, my amendment is a small but important step that we should all be able to agree on. I urge my colleagues to support its adoption. I want to clarify that countries that have problems, like China or Mexico, don't need to completely eliminate their problem; what they do need to do is cooperate with the United States, and when they do, the Export-Import Bank can continue to function well where it was designed to function well. Mr. Chairman, I reserve the balance of my time.

Mr. DAVIDSON of Ohio. Mr. Chairman, how much time do I have remaining?

Mr. DAVIDSON of Ohio. Mr. Chairman, I yield myself the balance of my time. I would like to make the point that this amendment that I have offered has substance because it expects something for America's assistance. At least some of my colleagues are consistent: They don't want the President of the United States, whoever that is, to expect anything from a foreign power in exchange for American participation. They want nothing in return for our dollars, no condition on their behavior. In fact, rather than trusting the United States of America to determine whether a country is cooperating with us on our efforts to stop synthetic opioids, they want to trust the people who may very well be using the system to create that market for their own benefit, self- certification. I am sure the Sinaloa Cartel would certify that they don't participate in trafficking drugs, as well. That is what the McAdams approach does. That is the version that our chairwoman has, unfortunately, chosen to support, and I believe it is the wrong path. I encourage people to support this amendment if they are serious about trying to stop opioids and if they are serious about using the foreign policy tools, including trade, that the United States has to offer. Mr. Chairman, I yield back the balance of my time.

Mr. DAVIDSON of Ohio. Mr. Chairman, I demand a recorded vote.

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Mr. Speaker, I thank my colleagues for the important reforms that have been included in this bill, very thoughtfully, to reform our Bank Secrecy Act. The United States puts heavy burdens on banks to know their customers, to protect our country and our financial system, and to make it easier for the folks in law enforcement, and, frankly, all layers of national security to defend America. It is an important way that our sanctions regime works. It is an important way that we detect and prosecute crime. And it has worked very successfully for years in the current form. The biggest complaint is often that we required too much of banks. And so that led to this consumer due diligence rule that FinCen put out that put an extra burden on banks, some would say a redundant burden on banks, to report the beneficial ownership of their companies. And so that created this provision that is now blended into a single bill rather than a standalone bill that was known as the Corporate Transparency Act. This is a horrible solution to a real problem. And the solution is horrible because it presumes that everyone that would own a company that has fewer than 20 employees is somehow part of an illicit finance scheme in America. The smallest, least-sophisticated businesses are now required to report annually and more frequently if they change the composition of the beneficial owners. This is a violation of civil liberties and constitutional rights that our body should take seriously. Historically, that has been something that has united the parties. When Congress did the reforms to the PATRIOT Act and the Foreign Intelligence Surveillance Act, they put these provisions in place with great hesitation because it created a big database and collected a great deal of information. This data would not be subject to subpoena or control. It is a horrible solution to a real problem, and I urge greater consideration of alternatives in opposition to this bill.

Mr. DAVIDSON of Ohio. Mr. Chairman, I have an amendment at the desk.

Mr. DAVIDSON of Ohio. Mr. Chairman, today, I offer an amendment to address the serious flaws within the underlying bill. Under the guise of tracking money laundering, this bill imposes a crushing paperwork burden squarely targeted at small business owners. It creates a massive new Federal Government database containing the addresses of innocent American citizens and will do nothing to track down criminals. Under the Obama administration, FinCEN issued regulations that banks collect the beneficial ownership information of these businesses. The regulations have proven so confusing, burdensome, and unnecessary that banks have sought relief from these regulations. This bill effectively shifts the reporting burden onto mom-and-pop businesses that have never even heard of FinCEN. The bill adopts a different definition of beneficial ownership that is even more confusing and vague than the one used by Treasury's rules, which has already puzzled regulators and banks for years. According to the Congressional Budget Office, the bill would generate 25 to 30 million new filings every year. Failure to comply could result in jail time up to 3 years, thousands of dollars in fines, compromise of private information, and more. The bill also raises serious privacy concerns by creating yet another database that is effectively the first-of-its-kind Federal registry of small businesses and small business ownership. It contains no subpoena or warrant-type restrictions for Federal law enforcement to access. In the era of naming and shaming of companies and owners for political purposes, and findings that Federal law enforcement have abused their existing authorities in accessing section 702 FISA data, this bill should give serious pause about how we as Members of Congress protect civil liberties for American citizens. My amendment would simply strike the underlying bill's burdensome mandate, nullify the Obama-era regulations on banks, and instead require FinCEN to go back to the drawing board by reviewing how already existing Federal datasets from banking know-your-customer and anti- money laundering rules can assist law enforcement in determining the beneficial owners of businesses. As my colleague French Hill has offered, the IRS already contains all of this information. Lastly, I would say that if we are going to criminalize private ownership of businesses, why not do that in the beginning rather than criminalize failure to report to an agency that doesn't exist. All of these questions have failed to be addressed directly by the executive branch, and they are blown through with the way this bill addresses the problem. This type of information already exists. We do not need another Federal database prone to be abused or a crushing mandate that will harm law-abiding Americans and be ignored by criminals. Mr. Chair, I urge support for my amendment and opposition to the bill without it. Mr. Chair, I reserve the balance of my time.

Mr. DAVIDSON of Ohio. Mr. Chairman, may I inquire as to the balance of my time.

Mr. DAVIDSON of Ohio. I yield to the gentleman from North Carolina (Mr. McHenry).

Mr. DAVIDSON of Ohio. Mr. Chairman, I yield myself the balance of my time to close. In closing, I would simply say that this would presume that criminals are somehow going to cease their criminal activity, all because they have to file a report. The reality is this is going to criminalize business ownership, violate the civil liberties of business owners across America, and make them vulnerable to further abuse by criminals. Mr. Chair, I urge support for this amendment and opposition to the underlying bill without its adoption. Mr. Chair, I yield back the balance of my time.

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Mr. Speaker, I have a motion to recommit at the desk.

Mr. DAVIDSON of Ohio. I am in its current form.

Mr. DAVIDSON of Ohio. Mr. Speaker, this motion to recommit is about defending freedom. Civil liberties have historically united this great body. Do any of my colleagues, regardless of party affiliation, really want law enforcement to access the data of small business owners and farmers without cause and without a warrant or subpoena? Surely, this bill's sponsor would like to see these provisions restored to the current version of the bill so that due process and privacy rights of everyday Americans are protected. Let's reiterate what this bill, H.R. 2513, does. This bill subjects small business owners, the smallest, 20 or fewer employees, to criminal penalties up to $10,000 in fines or 3 years in prison. This bill creates yet another Federal Government database containing personally identifiable information of private U.S. citizens. This one collects the addresses and driver's license numbers of owners of legal and legitimate business operations. A little-known Federal agency, FinCen, and law enforcement will have unbridled access to the database, which has fewer protections than any other existing Federal surveillance programs. This motion to recommit is a commonsense proposal to require a subpoena so that Federal law enforcement officials do not query the sensitive information of American citizens without cause. The majority should not be opposed to this motion. Treasury already requires similar reporting of beneficial ownership information by banks through the Customer Due Diligence rule, and under the CDD rule, law enforcement must obtain a subpoena. In fact, the version of the Corporate Transparency Act introduced in the 115th Congress, sponsored by the gentlewoman from New York (Mrs. Carolyn B. Maloney), only allowed disclosure to federal law enforcement agencies if it had a subpoena, but this language has now been dropped from the bill. I question why this iteration of the bill would remove the subpoena requirement and why Democratic leadership would reject this amendment when I offered it at the Rules Committee. On October 8, the Foreign Intelligence Surveillance Court published its previously classified opinion detailing systemic abuses of the FISA program. Federal law enforcement officials at the FBI have improperly queried Section 702 FISA databases to spy on innocent Americans. This abhorrent behavior violates the privacy rights of American citizens. Collectively, we must ensure that this database is safeguarded from any bad actor, including unauthorized access by Federal employees. In light of these existing FISA abuses, it is imperative that Congress take steps to restore privacy protections for all Americans. Starting with more robust safeguards in this bill is a great first step. After all, this bill will require the smallest businesses to file beneficial ownership information with FinCen, creating an estimated 30 to 40 million new filings each year. That is a really big database full of valuable information. This motion to recommit ensures due process and gives farmers and small business owners confidence that their constitutionally protected right to privacy is not violated. Madam Speaker, I yield back the balance of my time.

Mr. DAVIDSON of Ohio. Mr. Speaker, I demand a recorded vote.

Mr. DAVIDSON of Ohio. Mr. Speaker, on that I demand the yeas and nays.

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Madam Speaker, I rise today in support of the SAFE Banking Act. This is a banking bill. It defends civil liberties with a simple concept: If it is legal in your State, you should be able to bank it. No Federal regulator should be able to block an American's lawful access to the financial system. In Ohio, legal, State-regulated businesses are being forced into using cash or intermediaries. This bill will help get cash off our streets and into the regulated financial system. I am also pleased the bill includes Mr. Luetkemeyer's legislation to stop the closing of accounts on the basis of political biases or motivations. For far too long, financial institutions have said: You are not going to bank those people, are you? It is time to defend civil liberties and pass this important bill. Madam Speaker, I urge bipartisan, broad support of its passage.

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Mr. Speaker, never forget. In 2001 on 9/11, 2,977 peaceful people were murdered by 19 jihadi terrorists who were recruited by, plotted with, and were directed by al-Qaida to commit evil acts of war against the United States of America. America is the greatest Nation to ever exist. We must never waiver in our resolve to defend our way of life. As the world tragically learned on 9/11, terrorists should never be ignored or given sanctuary to plan, prepare, or launch their evil acts. As Scripture says, there is a time for war. Following 9/11 was such a time. Sadly, America's focus has long since expanded from finding and eliminating terrorists and those who give them sanctuary. Great nations don't fight endless wars. If we are truly to make America great again, we must be laser focused. America does not negotiate with terrorists or those who give them sanctuary. There is no substitute for victory.

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Mr. Speaker, United States Ranger history predates the Revolutionary War. However, June 19 marks the 77th anniversary of Major William Darby formally organizing and activating the 1st Ranger Battalion. I rise today to honor the exceptional Americans who have volunteered as Army Rangers, fully knowing the hazards of their chosen profession. One of the greatest and most humbling honors of my life has been serving our Nation in uniform, and particularly, serving in the Army Ranger regiment. The Army Ranger legacy is as old as the Republic, going back to Francis Marion, to Daniel Boone, to great Americans like Command Sergeant Major Douglas Greenway, and on to current Active Duty members. It wasn't until after the Civil War--more than half a century without military Ranger units--that the U.S. Army Rangers were officially born. Seventy-five years ago, fighting on the bitter and bloody beaches of Normandy, Rangers gained their motto: ``Rangers lead the way.'' Since Pointe du Hoc, Rangers have led the way, from the Japanese POW camps, to theaters of war, including: Korea, Vietnam, Panama, Operation Desert Storm, Somalia, Operation Enduring Freedom, Operation Iraqi Freedom, and the great war on terror. Today, I honor the elite soldiers serving our country as U.S. Army Rangers.

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Mr. Chair, I was on the floor but unable to get the Chair's attention in order to cast a recorded vote. Had I been present, I would have voted ``yea'' on rollcall No. 267. Amendment No. 18 Offered by Mr. Buchanan

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Madam Speaker, I rise today in support of heroes, in support of unity, and in support of the compassion that I witnessed in the Eighth District of Ohio after 19 tornadoes devastated Southwestern Ohio last week. On May 27th, communities in Mercer, Miami, Darke, and Preble Counties, and counties adjacent to the Eighth District, were devastated by tornadoes with winds upwards of 140 miles per hour. My wife Lisa and I took shelter in our basement as the storms passed. The totality of the destruction emerged with Tuesday's sunrise. The caved roofs, toppled power lines, and staircases without surrounding structures gave powerful testimony to the violence of the storms. Despite the terrible destruction in our district, we also saw signs of hope. Our communities always come together to help one another in times of need. It is why southwest Ohio is such a special place to call home. Our first responders do an amazing job. There were no Democrats, no Republicans; there were just neighbors helping neighbors. It's too bad that it often takes a tragedy to highlight this special quality in us, but it is there--and it is a great thing to see. I want to thank our first responders, Ohio Senators Portman and Brown for their leadership during this time of crisis, the Ohio delegation, Governor DeWine, and leaders across the country who are standing with the people of Ohio. Madam Speaker, as relief and recovery efforts continue in Southwest Ohio, I use my time on the floor today to honor the heroes and survivors. We will rebuild and be stronger than before.

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Madam Speaker, I rise today to honor the life of a great man. Born in Piqua, Ohio, Father Angelo Caserta, was the oldest active priest in the Archdiocese of Cincinnati. He peacefully passed away last week. Those who knew Father Caserta recall his talent for people, his comforting words, and his love for our community. When asked about the secret to his longevity, Father Caserta said, ``My secret is the good Lord. The Lord gets all the credit. I'm the only classmate surviving in my class. Not many average that milestone. It's a celebration of God's goodness. How He could choose someone like me and take care of me for 70 years while doing His work in the priesthood.'' While I did not know Father Caserta personally, I know of his deeds by those who did, and the love he had for our community. Madam Speaker, I honor Father Caserta's life of service, and extend my condolences to those who knew him.

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Madam Speaker, I rise to honor the contributions and sacrifices of brave World War I soldiers from Covington, Ohio, and its surrounding areas. These soldiers fought with the U.S. Army's 148th Infantry Regiment, 37th Buckeye Division. In October of 1918, they fought in the muddy fields of Belgium in the great battle of Ypres. Topping their trenches, the 37th faced a hailstorm of bullets, bombs and poisonous gas. Undeterred, they pressed the attack, penetrating enemy lines. These brave soldiers gained their objective and forced their foe into a headlong retreat. At least nine servicemen from the Covington area were killed or died in military service during the war, including: Orville Bazill, J. Lowell Boyer, Albert B. Cole, Lloyd W. Cornor, Oscar P. Kindell, Edward S. Knight, Arlie Carl Nicholas, Roscoe Rogers, and Fred Siler. At least fifteen more were wounded, most of whom served with the U.S. Army's 148th Infantry Regiment. Madam Speaker, we must never forget the sacrifices of those who have gone before us. I rise today to honor these brave Ohioans, and to commemorate the newly erected World War I Monument in Highland Cemetery in Covington.

Mr. DAVIDSON of Ohio

Mr. DAVIDSON of Ohio. Madam Speaker, today, I honor the life of a great man. Born in Piqua, Ohio, Father Angelo Caserta was the oldest active priest in the Archdiocese of Cincinnati. He peacefully passed away last week. Those who knew Father Caserta recall his talent and love for people, his comforting words, and his love for our community. When asked about the secret to his longevity, Father Caserta said: ``My secret is the good Lord. The Lord gets all the credit. I'm the only classmate surviving in my class. Not many average that milestone. . . . It's a celebration of God's goodness, how He could choose someone like me and take care of me for 70 years while doing his work in the priesthood.'' On Tuesday, Father Caserta's life was celebrated in Piqua, as he was laid to rest by family and friends. While I did not know him personally, I knew of his deeds by those who did and the love he had for our community. Madam Speaker, I use my time on the floor today to honor Father Caserta's life of service, to celebrate his faith, and to extend my condolences to those who knew him.