Tim Walberg

Mr. WALBERG

Mr. WALBERG. Mr. Chairman, I rise to offer an amendment which builds off the good work accomplished by Chairman Crenshaw and Ranking Member Serrano in the underlying bill. At a recent Oversight and Government Reform Committee hearing, we had the opportunity to hear testimony from David Ferriero, the Archivist of the United States and head of the National Archives and Records Administration, which oversees the Federal Records Act. In his testimony before Congress, Mr. Ferriero gave an account of how the IRS failed to notify him about the unauthorized disposal of Lois Lerner's hard drive, a hard drive which contained key emails and information about her actions in the targeting of conservative groups. In fact, during my questioning of Mr. Ferriero, he stated that the IRS ``did not follow the law.'' It is clear the IRS has not made it a priority to comply with the intent of the law, whether in the form of intimidating taxpayers, ignoring congressional requests for documents, or ignoring requirements to document valuable records that are in the public interest. My amendment would address one of these failures and prohibit any funds in this bill to be used by the IRS to act in contravention of the Federal Records Act. It is a commonsense check on the IRS's recent behavior, and I urge my colleagues to support it.

Mr. WALBERG. Mr. Chairman, I thank my colleague from New York for his concern about this. I am concerned as well. I appreciate the fact what the chairman has said, that this expands the reach; it expands the authority. If, indeed, all of our agencies had a requirement under the Federal Records Act and they followed it, I wouldn't be here. But under significant questioning of the Archivist of our Nation, he indicated to me under significant questioning that the IRS ``did not follow the law.'' That is the purpose of this amendment: to make sure there are more teeth available even than what is put in this good bill to make sure that the IRS follows the law. I ask my colleagues for support for this amendment, and I yield back the balance of my time.

Mr. WALBERG. Mr. Chairman, I have an amendment at the desk.

Mr. WALBERG. I reserve the balance of my time.

Mr. WALBERG. I yield to the gentleman from Florida.

Mr. WALBERG

Mr. WALBERG. Mr. Speaker, I thank my colleagues from Arizona and Maryland for their support in bringing this forward. It is with a heavy heart that I rise today in support of H.R. 3534, legislation I introduced to designate the postal facility located at 113 West Michigan Avenue in Jackson, Michigan, as the Officer James Bonneau Memorial Post Office. Just after midnight on March 9, 2010, Officer James Bonneau was killed in the line of duty as he and a fellow public safety officer responded to a domestic disturbance complaint. Although he later succumbed to his wounds, Officer Bonneau was able to call for help and relay information about the scene that saved the life of his fellow public safety officer who had also been shot, who I have met and talked to and who appreciates his colleague so much for saving his life. In recognition of his exceptional acts of bravery, Officer Bonneau was awarded the Law Enforcement Congressional Badge of Bravery in 2011. Four years after his passing, he remains in the hearts and minds of the Jackson community. The Officer James Bonneau Memorial Scholarship fund was named in his honor and helps local students who are pursuing a degree in criminal justice. A graduate of Eastern Michigan University with a degree in criminal justice, Bonneau went on to graduate from Lansing Community College's Mid-Michigan Police Academy at the top of his class academically before joining the Jackson police force. Being an officer was a job he always wanted to do since he was a kid, according to Officer Bonneau's parents. To those who knew him best, he was described as loyal, genuine, and good-hearted. In passing this legislation today, we take a small step forward in memorializing his sacrifice and ensurig that future generations remember the heroism of Officer Bonneau. To his mother and father, Amy and Marc Bonneau, and the rest of his family, we offer our sincere gratitude and condolences. And to his fellow officers at the Jackson Police Department, we thank you, as well, for continuing to put your lives on the line each day as you protect our communities. As Officer Bonneau's father put it: It is hard to say, but at least he died loving what he did. That was his dream. That was what he lived for. Officer James David Bonneau gave his life in service to the Jackson community. We acknowledge his ultimate sacrifice, and we will never forget what he lived for--duty over self.

Mr. WALBERG

Mr. WALBERG. Mr. Chairman, I thank the chair for the good work done on this piece of legislation, but I offer an amendment that would prohibit the use of funds to carry out a national media campaign to promote alternative green technologies. In 2007, Congress authorized the Department of Energy to create a national media campaign to convince Americans to buy green technologies at the tune of $5 million a year. Now, my amendment would simply prohibit funds from going to this misguided, unnecessary, government- run campaign. As constituents in my Michigan district are struggling to deal with $4 a gallon gas prices and energy costs brought about by this administration's harmful energy limitation policies, the last thing we need, Mr. Chairman, is Washington bureaucrats telling them how to live their lives. They are smart enough to know, as are the overwhelming majority of American citizens in all of our districts, Mr. Chairman, to know what energy sources work for them, work best for their families, for their businesses, and especially when our country has emerged and is emerging still further--if we would allow it and encourage it as an energy superpower--and now leads the world in natural gas and oil production. Instead of funding unnecessary ad campaigns, let's get to work on energy policy which takes advantage of our energy abundance and leads to lower prices, more jobs and greater global security. Green technologies should be a part of a real all-of-the-above energy policy, but picking winners and losers is not the role of the Federal Government, nor is it in the core mission of the Department of Energy. I was pleased that this amendment was adopted when I offered it last year, and I encourage my colleagues to once again support it. Mr. Chairman, having said what I think is necessary, I yield back the balance of my time.

Mr. WALBERG. Mr. Chairman, I have an amendment at the desk.

Mr. WALBERG

Mr. WALBERG. I thank the chairman for yielding. Mr. Speaker, I rise in support of the Workforce Innovation and Opportunity Act, a bill born out of the substantial efforts of Chairman Kline, Congresswoman Foxx, and the House Education and the Workforce Committee to help the unemployed train themselves for good-paying jobs. In my Michigan district, there are hardworking individuals, businesses, and colleges committed to reinventing the State's workforce programs, but we need to provide the tools to support their efforts. This bicameral compromise replaces a confusing maze of workforce programs. It also provides funds to State and local organizations to partner with local employers to highlight emerging career opportunities. Most importantly, this legislation will provide the necessary training, retraining, and educational opportunities to help Americans get back to work, building a life of self-sufficiency and success. I urge my colleagues to support this bill and work towards growing a healthy economy and expanding opportunity for all. I also encourage the Senate, with the 293 other bills that we have sent to them, to work out a compromise to send back jobs bills like this that will promote good opportunities in America.

Mr. WALBERG

Mr. WALBERG. Madam Chair, I appreciate the gentleman's concern; however, as DOD has recommended in the past and stood on the fact that, for purposes of TRICARE and the like, hospitals are not contractors, they do not contract with the Federal Government, with the Department of Defense. So I don't see the reason for continuing to address this issue any further for these contractors, at least as defined by OFCCP. In closing, again, this is an issue that DOD has spoken on strongly, this is an issue that Congress has spoken on, this is an issue that OFCCP continues to push. I believe we would be remiss if we allowed this to happen and allowed the concept that hospitals would be considered government contractors simply for providing health care under TRICARE and the like to our veterans, to our military, and certainly to any of our Federal employees. I would appreciate support for this amendment, and I yield back the balance of my time.

Mr. WALBERG. Madam Chair, I rise in support of my amendment that would reiterate Congress' objection to a proposed policy change by the Department of Labor Office of Federal Contract Compliance Program. That would treat health care providers as Federal contractors. In December 2010, OFCCP quietly issued directive 293 asserting that contractual arrangements under Medicare, TRICARE, and the Federal Employees Health Benefits Program will trigger OFCCP jurisdiction. This directive would reclassify a majority of hospitals in the United States as Federal contractors, subjecting hospitals in your district and mine to OFCCP's often crushing regulatory burden. With respect to TRICARE, the agency aggressively asserted in its jurisdiction in the 2009 administrative case OFCCP v. Florida Hospital of Orlando, OFCCP argued the hospital was a Federal subcontractor by virtue of its participation as a provider in a TRICARE network of providers. The agency took this troubling position despite the fact that the Department of Defense, which regulates TRICARE, previously included: ``It would be impossible to achieve the TRICARE mission of providing affordable health care for our Nation's Active Duty and retired military members and their families if onerous Federal contracting rules were applied to the more than 500,000 TRICARE providers in the United States.'' Unfortunately, Madam Chair, the administrative law judge in the case did not heed DOD's warning and failed to see this policy change for what it is: an expansion of government power over the health care sector. As such, Congress acted to oppose this overreach, and the 2012 National Defense Authorization Act clarified that a TRICARE network health care provider is not a Federal contractor or subcontractor. As chairman of the Subcommittee on Workforce Protections, I am deeply concerned by this attempt by OFCCP to expand its jurisdiction through executive fiat. In response, I introduced the Protecting Health Care Providers from Increased Administrative Burdens Act, which would clarify that health care providers are not Federal contractors subject to the jurisdiction of the Department of Labor's OFCCP. Our actions on the committee in bringing attention to this issue have been successful in prompting OFCCP to place a moratorium on the policy. However, as OFCCP has previously defied Congress and the Department of Defense, I believe this amendment is necessary. Therefore, Madam Chair, I ask the House to support my amendment that would prohibit funds to be used under this act for implementing this overreach and affirmatively show the House will not support such actions by the Department of Labor and OFCCP. I reserve the balance of my time.

Mr. WALBERG. Madam Chair, I have an amendment at the desk.

Mr. WALBERG

Mr. WALBERG. Mr. Speaker, we live in a country that is truly blessed with an abundant array of energy resources, yet despite major advances in technology in recent years that are allowing us to access even more of these energy resources, our country is sadly failing to take advantage of these opportunities and is imposing higher costs on all Americans. My constituents and people across the country continue to struggle to keep up with high energy prices. With an average price of nearly $4 for a gallon of gas in Michigan, middle class families in my district can't understand why the Federal Government can't get serious about developing an all-of-the-above energy policy. For the past few years, House Republicans have been pursuing an all- of-the-above energy strategy. We understand that developing our resources at home won't only lower energy costs, but it will grow good paying American jobs and ease the squeeze on the middle class. The House has taken action to immediately ease that pain. In February, we passed H.R. 3826, the Electricity Security and Affordability Act, to put a check on the President's and the EPA's misuse of the Clean Air Act in pursuit of cap-and-trade. In March, we passed H.R. 2824, the Preventing Government Waste and Protecting Coal Mining Jobs in America Act, which would protect coal mining from unnecessary, harmful, and useless Federal regulation. We need the resources, and our people need these jobs. The House will continue standing up for the American people and against the President's plans to increase utility costs. This week, I proudly cosponsored H.R. 3301, the North American Energy Infrastructure Act, a bill introduced by Chairman Upton of the Energy and Commerce Committee, that will remove redtape that interferes with our ability to build the necessary infrastructure to move North American energy where it is needed most. I expect the House will soon consider H.R. 3301 and a number of other bills that will lessen the squeeze of high energy prices, while protecting and creating new energy jobs that will grow a healthy economy and form a framework for all of our middle class and a real all-of-the-above energy plan.

Mr. WALBERG

Mr. WALBERG. Mr. Speaker, I rise today to ask that my colleagues join me in recognizing the 175th Anniversary of the Lenawee County Fair. First organized by the Agricultural Society of Lenawee County in 1839, this wonderful tradition will resume for a 175th time on July 20, 2014. Agriculture has been a key component of the local economy since early settlers arrived in the region in the 1820's. As their reputation for agricultural expertise and skill in crop and animal production grew, the organization of a fair to showcase the best of their farms and fields was a logical outcome. In 1879, the Agricultural Society of Lenawee County moved the fair to larger grounds on the east side of Adrian, Michigan to accommodate the large number of participants and attendees. The fair has remained in this location ever since. That first gathering held in 1839--the first county fair in the state of Michigan--began a ritual that would endure through good years and bad. Despite immense challenges and changes to the county, the State, and our world, Lenawee County continues to be home to a number of thriving agricultural entities and a place where rural life is embraced and celebrated. In honor of that tradition, 4-H and FFA youth will join open class exhibitors in showcasing their best animals, crops, and crafts. The Lenawee County Fair is not only a fun event to attend each summer, but it is a vital part of our community, maintaining our values and preserving our agricultural heritage. This year's theme for the 175th anniversary of the Lenawee County Fair is ``The Best Is Yet To Come.'' Mr. Speaker, I believe that slogan captures this historic and great event which so many in Michigan have had the opportunity to enjoy.

Mr. WALBERG

Mr. WALBERG. Mr. Chair, I have an amendment at the desk.

Mr. WALBERG. Mr. Chairman, I rise today in support of an amendment which I am offering with Representatives Sensenbrenner and Ribble of Wisconsin. I believe this amendment represents a simple, commonsense change to an otherwise excellent bill. I thank Chairman Latham and his staff for their hard work in getting us here today. Mr. Chairman, current Federal law prohibits Federal agencies from lobbying Congress in support of or against legislation. Thanks to Representative Sensenbrenner's past leadership, Congress passed similar antilobbying language to prohibit the Department of Transportation from lobbying State and local officials in 1998. In 1997, the Government Accountability Office released a report on activities undertaken by the National Highway Transportation Safety Administration, NHTSA, to allow the State legislators to enact State motorcycle helmet laws or discourage the repeal of existing State laws. At the cost of tens of thousands of taxpayer dollars, NHTSA officials traveled across the country to testify before State legislative committees, participated in conferences, and produced videotapes and other printed materials all towards the goal of weakening State laws requiring motorcyclists to wear helmets. NHTSA has an appropriate role to play in developing programs that prevent accidents, but Congress has made it clear they should not be in the business of lobbying State legislatures. Unfortunately, the Consolidated Appropriations Act of 2014 included language which repealed the lobby ban, and that provision is carried over into this bill. Allowing Federal agencies to lobby States would add to the severe governmental overreach, while violating the principles our Founding Fathers laid out in the 10th Amendment. The amendment I am offering today clarifies that Federal Government agencies should not be in the business of lobbying State legislators. It is an inappropriate use of taxpayer dollars, and it violates the rights of States and local communities to make their own decisions. Just as importantly, I believe these funds can be better spent on programs to prevent distracted driving or on educating riders and the driving public. I ask my colleagues to support this amendment, and I yield back the balance of my time.

Mr. WALBERG

Mr. WALBERG. Mr. Speaker, on Friday, May 30, 2014, I was unable to vote due to my duties and responsibilities in my daughter's wedding rehearsal and ceremony on the 30th and 31st. Had I been present, I would have voted ``yea'' on rollcall No. 271. personal explanation

Mr. WALBERG

Mr. WALBERG. Mr. Chairman, I would concur with the need to communicate; but, again, we are talking over 600 Hollywood projects, most of which are grossing millions of dollars, $80 million, as I mentioned, for ``Shooter,'' $80 million for ``The Kingdom.'' It seems like, with that kind of grossing that is taking place, taxpayers shouldn't be on the bill to support the research that goes on. You have retired FBI agents, CIA, and others that can be brought in to do the research, as well as consult on these films. We want accuracy, and yet we also understand that the taxpayer should only be footing the bill as necessary, and I don't think this is. Nothing against Mark Wahlberg or any others that are being used in these movies, especially with my name attached. I still think the taxpayer deserves consideration here, and so I ask for this reasonable amendment to be supported. It allows the continued working on Most Wanted Fugitives and Most Wanted Terrorists and missing children programs. I think that is legitimate. Beyond that, I reject it. I ask for support of the amendment. I yield back the balance of my time.

Mr. WALBERG. Mr. Chairman, taxpayers should not foot the bill for the FBI to be consultants for Hollywood producers. However, this is the case with the FBI Investigative Publicity and Public Affairs Unit. Although this unit does important work like publicize the Most Wanted Fugitives list, it also provides screenwriters, as well as movie and TV producers, advice on costumes, props, scenery, and weapons, as well as b-roll footage and fact-checking. Now, I am confident that Hollywood and their hundred-million-dollar production budgets can afford to hire ex-FBI agents to consult on their projects. It just seems to make good common sense. This unit's activities and most of its $1.5 million annual budget should be highlighted for what it really is, and that is Department of Justice waste. If Hollywood can make millions from these movies and television shows, such as ``Without a Trace,'' ``CSI,'' and ``The Closer,'' and also movies like ``Shooter,'' featuring--and no relation I might add-- Mark Wahlberg, that grossed over $80 million, as well as ``The Kingdom,'' which also grossed over $80 million, it does not need, I believe, the American taxpayer and FBI to help fund its research. Therefore, I ask my colleagues to support my amendment that simply states that no taxpayer funds can be used by the unit except--and I make this clear--it doesn't zero out the entire budget, but funds can only be used by this unit for the Ten Most Wanted Fugitives, the Most Wanted Terrorists, and missing children programs. I think it is a reasonable amendment, Mr. Chairman, and I ask for support of this amendment. I reserve the balance of my time.

Mr. WALBERG. Mr. Chairman, I demand a recorded vote.

Mr. WALBERG. Mr. Chairman, I ask unanimous consent that my request for a recorded vote on my amendment be withdrawn to the end that the amendment stand adopted by the earlier voice vote.

Mr. WALBERG. Mr. Chairman, I have an amendment at the desk.

Mr. WALBERG

Mr. WALBERG. Madam Chair, I wish to enter into a colloquy with Chairman Wolf. I rise today to highlight an increasingly abused law enforcement tactic known as ``civil asset forfeiture.'' This process is an ugly development that enables law enforcement to take legal action against property of individuals, regardless of whether the property owner is guilty, innocent, or even charged with a crime at all. Although criminal forfeiture is a legitimate tool for law enforcement that has helped in the war on drugs and human trafficking, the civil forfeiture system has created the opportunity for local and State law enforcement to police for profit in coordination with the Department of Justice. Specifically, the practice of equitable sharing between local and/or State Departments and the Federal Government has increased 250 percent over the last 12 years, reaching $657 million in 2013 alone, according to The Heritage Foundation. Equitable sharing allows State and local agencies to work around State laws that prohibit civil forfeitures so long as the State agency partners with the Department of Justice and splits the profits. State and local governments, in their pursuit of the fruits of seizures have at times been too eager to seize property, with the result that innocent citizens have been adversely affected with little or no compensation for their damages and economic losses. The recent story of Terry Dehko from Michigan exemplifies the problems that can occur under the civil asset forfeiture policy. On January 22, 2013, the IRS obtained a secret warrant and used their civil asset forfeiture powers to empty Mr. Dehko's bank account of over $35,000 based on spurious evidence that the longtime grocer was a money launderer. The IRS offered to settle the case for 20 cents on the dollar. Unfortunately, this is a normal procedure for IRS, Department of Justice, and the law enforcement partners: seize property, then negotiate without having to prove guilt in a court of law. It is time to rethink our Federal policies on civil asset forfeiture and end the abusive era of seize, forfeit, and profit. Law-abiding citizens should not fall prey to police departments and their Federal partners. I believe we can find a solution to this problem that maintains a legitimate policing tool while respecting our Constitution. I will continue to work with the chairman, the Judiciary Committee, and my colleagues in the House to craft a sensible forfeiture policy that helps law enforcement but protects our constitutionally protected property rights.

Mr. WALBERG

Mr. WALBERG. Mr. Speaker, last week, I introduced bipartisan legislation to honor our Congressional Medal of Honor recipients. H.R. 4720, the Medal of Honor Priority Care Act, would place Medal of Honor recipients in the VA's highest priority group to make certain they receive timely access to their health benefits. Medal of Honor recipients have gone above and beyond the call of duty by putting themselves in harm's way to protect their position and fellow soldiers in combat. Currently, there are 78 living recipients of the Medal of Honor, including two from Michigan--Corporal Duane E. Dewey and Private First Class Robert E. Simanek--who both received the decoration for their heroic actions in the Korean war. These heroes should have access to the VA when they need it, and the Medal of Honor Priority Care Act will ensure that this select group of individuals is guaranteed the highest level of care.

Mr. WALBERG

Mr. WALBERG. Madam Chair, I want to thank the chairman for including this amendment en bloc. As our men and women transition out of the Armed Forces, they are confronted with a number of challenges as they reintegrate into civilian life. My amendment offers a simple change to current DOD policy that I believe will greatly benefit our servicemembers as they return home. Based on bipartisan legislation I have introduced, the Servicemembers Transition Improvement Act, this amendment would require a pilot program at DOD to transmit a comprehensive copy of a servicemember's information to State veterans agencies. Veterans service agencies are a powerful resource, helping veterans through job assistance programs and navigating the benefits they have earned. This legislation will enable veterans service offices to assist separating servicemembers who reside in their communities and confirms that caring for our men and women in uniform does not end when they leave military service. Also, Madam Chairman, I rise today in support of my bipartisan amendment with Mr. Cohen of Tennessee to prohibit new funds for the Afghanistan infrastructure fund and ensure American tax dollars are invested wisely. We have already spent billions of dollars toward rebuilding the infrastructure of Afghanistan, and Congress has appropriated over $1.2 billion alone to the Afghanistan infrastructure fund since it was created in 2011. In their most recent report, SIGAR reported that only $229 million of the $1.2 billion Congress has appropriated has actually been disbursed for projects. More importantly, SIGAR has repeatedly found that the projects which are underway are behind schedule and years away from completion. Without any assurance that these projects are needed or can be completed, let's focus these funds on growing our economy, investing in American infrastructure, and paying off our debt. I want to thank Chairman McKeon for accepting this amendment in the en bloc and would encourage my colleagues to vote in support of it.