Bob Goodlatte

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time. This bill enjoys broad bipartisan support. It has 57 cosponsors from both sides of the aisle. This bill will minimize compliance burdens on both workers and employers so they can get back to being productive, creating and performing jobs. We have received letters of support from hundreds of entities across the employment spectrum. But this bill is not just about business; it is about individuals. One businessman told the Judiciary Committee that the compliance burdens from the patchwork of State laws falls on his employees, who make less than $50,000 per year and have limited resources to seek professional advice. It has been questioned whether there will be revenue lost to the States. Analysis shows the impact is minimal, affecting mainly the allocation of revenues, not the overall size of the tax revenue pot. Similarly, concerns about tax evasion are unfounded. Unlike in the general income tax context, there is little motive here for fraud or gaming. The amount of money at issue, taxes on less than 30 days' wages, is minimal. More importantly, except in nine States, the employee will have to pay the tax, in any event, to the employee's home State, so the only savings would be from minor rate differentials between the two jurisdictions. This legislation is a great example of Congress working in a bipartisan way to relieve burdens on hardworking Americans. I want to thank the gentleman from Michigan (Mr. Bishop) and the gentleman from Georgia (Mr. Johnson) for their bipartisan work on this legislation. I urge all of our colleagues to support the bill. I yield back the balance of my time.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Chair, I would first like to thank Chairman Hensarling for introducing this important piece of legislation. The CHOICE Act replaces the orderly liquidation authority under title II of Dodd-Frank with a new bankruptcy procedure developed by the Committee on the Judiciary in the Financial Institution Bankruptcy Act. In 2008, our economy suffered one of the most significant financial crises in history. In the ensuing years, experts from the financial, regulatory, legal, and academic communities have examined how best to prevent another similar crisis from occurring and to eliminate the possibility of using taxpayer moneys to bail out failing firms. The Judiciary Committee has advanced the review of this issue, with the aim of crafting a solution that will better equip our bankruptcy laws to resolve failing firms, while also encouraging greater private counterparty diligence in order to reduce the likelihood of another financial crisis. The Financial Institution Bankruptcy Act is the culmination of a multiyear, bipartisan process that solicited and incorporated the views of a wide range of leading experts and relevant regulators. The CHOICE Act incorporates all of the provisions of the Financial Institution Bankruptcy Act, providing a balanced approach that increases transparency and predictability in the resolution of a financial firm. Furthermore, it ensures that shareholders and creditors--not taxpayers--bear the losses related to the failure of a financial company. Mr. Chair, I urge my colleagues to support this legislation.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I rise today to urge passage of H. Con. Res. 33. This resolution would designate the George C. Marshall Museum and the George C. Marshall Research Library in Lexington, Virginia, as the National George C. Marshall Museum and Library. I would like to thank Chairwoman Foxx, Ranking Member Scott, and Mr. Brat for their work in bringing this legislation to the floor today. It is only fitting that we consider this resolution on the week of the 70th anniversary of George C. Marshall's speech at Harvard University where he proposed a comprehensive foreign assistance program--later coined as the Marshall Plan--to help rebuild the war- torn and devastated economies in Western Europe after World War II. General George Catlett Marshall dedicated his life to public service--serving honorably in the United States Army, as Army Chief of Staff during World War II, Special Ambassador to China, Secretary of State, and Secretary of Defense. He was one of only five five-star generals ever to serve in our military. From his allied plan to storm the beaches of Normandy to the Marshall Plan, his leadership changed the world. The history of the United States and the global community would be a different place if not for the contributions of General Marshall. At the recommendation of former President Harry Truman, the Marshall Foundation was established in 1953. On May 23, 1964, the Marshall Museum and Library was dedicated on the post of the Virginia Military Institute--General Marshall's alma mater. For over 50 years, the Marshall Foundation has devoted its mission to educating the public about the important contributions of General Marshall. The museum has five extensive exhibits and houses General Marshall's 1953 Nobel Peace Prize. The research library collects, preserves, and shares the largest collection of documents pertaining to General Marshall's life. Just last year, the Marshall Foundation reached a huge milestone with the completion of the Papers of George Catlett Marshall. This project began in 1977 with a goal to create a published record of every document that General Marshall produced. The final project consists of 7 volumes and includes 4,260 documents spanning over 5,666 pages. In addition to its extensive research work, the Marshall Foundation provides educational opportunities for college students and future military leaders. The Marshall Undergraduate Scholars program sends college history students to the Marshall Foundation to conduct primary research in the library's archives. The Marshall Army ROTC Award Seminar also provides the top ROTC cadet at each college in the United States the opportunity to participate in a national security conference with fellow award recipients and current Army leaders. The Marshall-Arnold Air Force ROTC Award Seminar provides a similar opportunity to top senior cadets at each college with an Air Force ROTC program. Two years ago, the Marshall Foundation began the Marshall Legacy Series--this multiyear series of exhibits, lectures, and events to showcase General Marshall's contributions during the 20th century, and connects those contributions to today's world. This is just a snapshot of the important work the Marshall Foundation conducts to honor and preserve the legacy of General Marshall. I am honored to have such a distinguished institution in my district, the Sixth Congressional District of Virginia. General Marshall once said: ``Sincerity, integrity, and tolerance are, to my mind, the first requirements of many to a fine, strong character.'' I applaud the Marshall Foundation's work in sharing Marshall's vision and character with a new generation of Americans. I urge passage of this resolution to honor one of America's most sincere and distinguished public servants by congressionally designating the museum and library in Lexington, Virginia, as the National George C. Marshall Museum and Library.

Mr. GOODLATTE

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

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, today I rise in strong support of H.R. 1761, the Protecting Against Child Exploitation Act of 2017, and urge my colleagues to do the same. I would like to note that May is National Missing Children's Month and today marks National Missing Children's Day. It is an honor to be on the floor here today as we continue our mission to protect these innocent victims. We have made great strides toward ending child exploitation. However, gaps still exist in our laws that are contrary to Congress' goal of protecting children and criminalizing the production of images of child sexual abuse. H.R. 1761 takes necessary steps to close an unfortunate loophole created by a Fourth Circuit decision in United States v. Palomino- Coronado--a case in which a defendant was able to walk free from Federal conviction despite photographic evidence he had engaged in the sexual abuse of a 7-year-old child. On May 3, 2012, Prince George's County police officers responded to a home in Laurel, Maryland, based on a report of a missing 7-year-old child known as ``B.H.'' Officers found the child at the fence that separated her house and her neighbor's house. Upon investigation, it was uncovered that the neighbor, Anthony Palomino-Coronado, a 19-year- old male, had sexually molested the child. At trial, the jury found the defendant guilty of knowingly employing, using, persuading, inducing, enticing, or coercing a minor in sexually explicit conduct, for the purpose of producing a visual depiction of that conduct--in other words, for the production of child pornography. The defendant appealed his conviction, alleging insufficient evidence. Incredibly, the Fourth Circuit vacated the defendant's conviction, finding there was insufficient evidence the defendant's sexual abuse of the 7-year-old girl was ``for the purpose of'' creating an image of such conduct. The court found that, though the defendant engaged in sexual conduct with a child, ``the fact that only one image was produced militates against finding that his intent in doing so was to take a picture.'' Essentially, the court decided that the defendant had engaged in sexual conduct with a 7-year-old and taken a picture but had not engaged in sexual conduct with a 7-year-old to take a picture. To me, this is a preposterous, offensive result. Under the Fourth Circuit's reasoning in Palomino, a defendant could admit to sexually abusing a child, and memorializing the conduct, but could argue that he should, nonetheless, escape Federal conviction because he lacked the requisite purpose or specific intent, prior to initiating the sexual abuse. Indeed, defense attorneys have begun to raise these Palomino defenses in other courts. In response to Palomino, H.R. 1761 establishes additional bases of liability to the crime of production of child pornography. Specifically, the bill clarifies existing law by prohibiting the knowing production of, or knowingly causing the production of, a visual depiction of a real minor engaged in sexually explicit conduct. Additionally, H.R. 1761 amends current law to prohibit the knowing transmission of, or knowingly causing the transmission of, a live visual depiction of a minor engaged in sexually explicit conduct while also criminalizing the knowing creation of the visual depiction of a minor engaged in sexually explicit conduct. This language will serve to fix this judicially created loophole and ensure our court system will not have to spend time evaluating this meritless defense and will make certain predators such as this will not be able to escape Federal consequences. Mr. Speaker, with this bill, Congress' intent is clear. We must continue to protect our children, the most vulnerable and innocent members of society. I commend the gentleman from Louisiana (Mr. Johnson), a member of the Judiciary Committee, for introducing this important legislation, and I urge my colleagues to support it. Mr. Speaker, I reserve the balance of my time, and I ask unanimous consent that the gentleman from Louisiana (Mr. Johnson) may control that time.

Mr. GOODLATTE. Mr. Speaker, pursuant to House Resolution 352, I call up the bill (H.R. 1761) to amend title 18, United States Code, to criminalize the knowing consent of the visual depiction, or live transmission, of a minor engaged in sexually explicit conduct, and for other purposes, and ask for its immediate consideration.

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 1761.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill, H.R. 1973.

Mr. GOODLATTE. Mr. Chair, I yield myself such time as I may consume. Today, we are able to continue our efforts in protecting children by passing legislation to protect young athletes from abuse. The country was shocked at the revelations in recent years concerning the ongoing abuse endured by young athletes at the hands of their coaches and trainers in USA Gymnastics and USA Swimming. These children were betrayed by people they trusted, by people they looked up to, and by people who had a duty to protect them. That is why I am pleased to be on the floor here today in support of the Protecting Young Victims from Sexual Abuse Act. This bill imposes a requirement to report child abuse for those authorized by U.S. sport national governing bodies, such as USA Gymnastics and USA Swimming, to work with minor athletes or members of these governing bodies. As is the case with existing Federal mandatory reporting requirements, these individuals will be required to make a prompt report to law enforcement when they learn of facts that give reason to suspect that a child has suffered an incident of child abuse. This provision will ensure that the malfeasance on the part of national governing bodies, like USA Gymnastics, in failing to report allegations of abuse to law enforcement, never occurs again. The bill further strengthens existing civil remedies for victims of sexual abuse who wish to seek civil damages from their abusers. The bill clarifies that once a victim has established a harm occurred, the court will presume damages of $150,000. It relaxes the statute of limitations for victims. The 10-year period will now begin when the victim reasonably discovers the violation or harm, not when it accrues. It also extends the statute of limitations to 10 years after a legal disability is lifted. In other words, minors who are victims will have 10 years from the time they reach adulthood to file. Finally, the bill expands the authority of the national governing bodies to develop practices, policies, and procedures to prevent sexual abuse, and clarifies the duties of the bodies in developing these practices. Sports have always been a central aspect of American life. Sports teach our children about focus, teamwork, and leadership, and we should encourage our children to participate, to be a part of healthy competition; but, in doing so, we need to assure we keep these competitive atmospheres safe. I am pleased to see that the U.S. Olympic Committee has helped to establish a new organization called the Center for Safe Sport, to prevent and respond to emotional, physical, and sexual abuse of young athletes. I want to commend the gentlewoman from Indiana (Mrs. Brooks) for introducing this important legislation, and I urge my colleagues to support it. Mr. Chair, I reserve the balance of my time.

Mr. GOODLATTE. Mr. Chair, I yield 5 minutes to the gentlewoman from Indiana (Mrs. Brooks), the chief sponsor of this legislation.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I yield such time as she may consume to the gentlewoman from Missouri (Mrs. Wagner), the chief sponsor of this legislation.

Mr. GOODLATTE. Mr. Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. Poe), a member of the Committee on the Judiciary.

Mr. GOODLATTE. Mr. Speaker, I urge my colleagues to support this fine legislation, and I yield back the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 2473, currently under consideration.

Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2473) to ensure compliance with the Justice for Victims of Trafficking Act of 2015, to make strides toward eradicating human trafficking, and for other purposes, as amended.

Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 2473, the Put Trafficking Victims First Act of 2017, and I urge my colleagues to do the same. Human trafficking has plagued communities and neighborhoods across America. Victims have endured horrific trauma, violence, and reoccurring abuse. As a result, there is a tremendous need for expanded victim services, improved data on the prevalence and trends of human trafficking, and effective mechanisms to identify and rescue trafficking victims. H.R. 2473 takes reasonable steps to increase victim services while improving upon the tools already available to combat human trafficking. The bill directs the Attorney General to provide a report on the effectiveness of State safe harbor laws to ensure these laws are based upon a survivor-centered approach. In addition to the report, the bill instructs States to recognize coping mechanisms and the symptoms of trauma as local law enforcement interacts with victims of human trafficking. Furthermore, the legislation provides for increased training and technical assistance for State and Federal agencies, prosecutors, and law enforcement on how to take a victim-centered approach to preventing human trafficking. This provision promotes evidence-based training in order to improve the physical and mental health services provided to victims. The bill's focus on supporting victims continues as H.R. 2473 instructs the National Institute of Justice to establish detailed methodologies to review the modern trends and detail the prevalence of human trafficking throughout the United States. The survey will not only assess how victims of trafficking are accessing services, but, in addition, help estimate the prevalence of human trafficking in the United States. Moreover, H.R. 2473 will provide assistance to trafficking victims seeking restitution, many of whom still face many obstacles in Federal court. The bill directs the Attorney General to report on efforts to increase mandatory restitution for victims by providing Congress with data involving the number of Federal cases related to human trafficking in which restitution was ordered, as well as the participation rate of victims in trafficking criminal proceedings. Finally, the bill expresses the sense of Congress that States should implement trauma-informed, victim-centered care for all trafficking victims. Mr. Speaker, Congress' intent is clear: Protecting victims from the heinous crime of human trafficking is of utmost concern. I commend the gentlewoman from Missouri (Mrs. Wagner) for introducing this important legislation, and I urge my colleagues to support it. Mr. Speaker, I reserve the balance of my time. Committee on Education and the Workforce, Washington, DC, May 23, 2017. Hon. Bob Goodlatte, Chairman, Committee on the Judiciary, Washington, DC. Dear Mr. Chairman: I write to confirm our mutual understanding with respect to H.R. 2473, Put Trafficking Victims First Act of 2017. Thank you for consulting with the Committee on Education and the Workforce with regard to H.R. 2473 on those matters within my committee's jurisdiction and agreeing to make improvements to the legislation to address concerns. The Committee on Education and the Workforce will not delay further consideration of this bill. However, I do so only with the understanding this procedural route will not be construed to prejudice my committee's jurisdictional interest and prerogatives on this bill or any other similar legislation and will not be considered as precedent for consideration of matters of jurisdictional interest to my committee in the future. I respectfully request your support for the appointment of outside conferees from the Committee on Education and the Workforce should this bill or a similar bill be considered in a conference with the Senate. I also request you include our exchange of letters on this matter in the committee report and in the Congressional Record during consideration of this bill on the House Floor. Thank you for your attention to these matters. Sincerely, Virginia Foxx, Chairwoman.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time to urge my colleagues to support this very important, very targeted legislation. This is not some broad authority. This is very targeted under circumstances where the sexual predator has the child and the authorities need to get information from third parties now so they can find that child and they need those third parties to not disclose information that they are yielding to the government about their whereabouts and other information about them because of the emergency circumstances that are at play here, or you are dealing with someone who has a child and needs to be found so that child can be saved. That is the purpose of this legislation. It is a good purpose. This legislation should be supported by all the Members of the House. I urge them to do so. Mr. Speaker, I yield back the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I have no additional speakers, and I reserve the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 883, currently under consideration.

Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 883) to amend title 18, United States Code, to provide a certification process for the issuance of nondisclosure requirements accompanying certain administrative subpoenas, to provide for judicial review of such nondisclosure requirements, and for other purposes.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 695) to amend the National Child Protection Act of 1993 to establish a national criminal history background check system and criminal history review program for certain individuals who, related to their employment, have access to children, the elderly, or individuals with disabilities, and for other purposes, as amended.

Mr. GOODLATTE. Mr. Speaker, I have no additional speakers, and I am prepared to close. I reserve the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I commend the gentleman from California (Mr. Schiff) and the gentleman from Michigan (Mr. Bishop). I thank the ranking member of the full committee and the ranking member of the subcommittee and the chairman of the subcommittee for working on this important legislation with me and the committee staff. I urge my colleagues to support this commonsense bill, and I yield back the balance of my time.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 1842, currently under consideration.

Mr. GOODLATTE. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, the gentlewoman from Texas cited a personal experience she had with someone she knows who has been convicted of a crime and given a mandatory minimum sentence. It was not a violent crime, not a sex crime, and not relevant to this bill, which does not add any new mandatory minimum sentences. It simply makes sure that the sentences already imposed under the law are equitably applied, regardless of where their prior offenses took place. These are sexual crimes. These are violent crimes. These offenders should receive the exact same sentences for the exact same conduct as others already covered under the current law. I urge my colleagues to support this important legislation to protect our children and get sexual predators off the street. Mr. Speaker, I yield back the balance of my time.