Summary
- Randy Fine's substitute amendment to HR 8476 requiring schools to treat antisemitism like other Title VI discrimination was agreed to by voice vote.
- Randy Fine cited a Colorado eighth-grader targeted with antisemitic bullying and 2,550 campus incidents in 2024 to justify federal enforcement tied to funding.
- Robert Scott argued the bill unconstitutionally elevates antisemitism over other religious discrimination, while Randy Fine insisted it ensures equal treatment like racism.
- Republicans and Democrats split over the IHRA definition, with supporters citing adoption in 38 states and critics warning it chills Israel-related speech.
- Tim Walberg advanced HR 8476 after the voice vote and immediately turned the markup to related boycott and transparency bills.
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Transcript
Please come to order. A quorum is present. The committee meets today pursuant to notice to consider eleven bills. The chair announces that requests for recorded votes may be postponed pursuant to clause two of rule eleven of the rules of the House of Representatives and committee rule fourteen B. Without objection, the chair may recess uh the committee at any point. Good morning and welcome to the Committee on Education and Workforce. We'll mark up eleven bills that address antisemitism in e- educational institutions, protect college students' freedom of association, help licensed professional work across state lines, strengthen oversight of federal workers' compensation programs, expand workforce data collection, and increase transparency in health care costs. The first three bills will consider address the ongoing problem of anti-semitism within education and harassment, the harassment of Jewish students and faculty. First, we'll consider H. R. eighty-four seventy-six, no anti-semitism in education act of twenty twenty-six, introduced by Representative Randy Fein. Since O- since October seventh, Twenty twenty-three, anti-semitism has exploded at educational institutions. H. R. eighty-four seventy-six requires any K-twelve school, district, or institution of higher education that receives federal funding to treat anti-semitism with the same rigor applied to other forms of discrimination prohibited i- prohibited by, uh, title six of the Civil Rights Act. We've all heard the excuses from college presidences, presidents, and school district superintendents for why they can't put a stop to the horrific incidents of anti-semitism happening in their classrooms. Yet we all know that if similar incidents were happening to other protected classes under Title Six, no excuses would be acceptable, nor should they be. Next we'll consider H. R. forty-seven ninety-five, Protect Economic and Academic Freedom Act, r- ep- uh rep- introduced by Representative Virginia Fox. Israel remains one of America's strongest allies, yet it continues to be singled out for discriminatory boycott campaigns targeting Israel or Israel-related individuals, organizations, and business on college campuses. These economic boycotts are often promoted by those creating antisemitic uh atmospheres on campus, and do nothing, nothing to help students learn. H R forty-seven ninety-five ensures federal funds do not support universities that allow such boycotts. The third bill we'll consider is H R ninety-two O three, Student Protection and University Accountability Act, introduced by Representative Elise Stefanik H R O f ninety-two O three amends the Higher Education Act to in to require greater transparency regarding procedures for investigating alleged title six violations establishes a minimum standards for those procedures and requires congressional briefings on title six investigations. H R ninety-two O three also helps insure that investigations are not dismissed for dubious reasons and are not subject to any kind of legal action. as was the case under the Biden-Harris administration. The committee will then consider two bills that protect students' freedom of association on college campuses. Introduced by Representative Erin Houchen, H. R. twenty-five fifty-five Freedom of Association in Higher Education Act of twenty twenty-five protects students' abilities to form and join single-sex organizations. The bill would also prohibit colleges and universities from taking action against a student or student organization because that organization is single-sex. My bill, H. R. fifty-five O five, Equal Campus Access Act of twenty twenty-five, requires public colleges that receive federal student aid to treat religious student groups equally to any other student organization on campus. This bill insures religious student organizations maintain full access to campus facilities and official recognition, regardless of their beliefs, practices, speech, leadership standards, or standards of conduct. Next, the committee will mark up Representative Tracy Mann's HR twenty-three thirty-two, States Handling Access to Reciprocity for Employment Act of twenty-twenty-five, or Share Act. This bill helps interstate licensure compacts work more smoothly by ensuring that state licensing boards can obtain the federal background checked information necessary to pr- pr- process compact-based licenses or practice privileges. By improving compact operations, the bill would help fill critical labor gaps, largely in health care occupations. We'll also consider H R forty-one twenty-two, the Health Care for Energy Workers Act of twenty twenty-five, introduced by Representative Rick Allen, Chairman of the Help subcommittee, and Representative Lucy McBath. The bill allows nurse practitioners and physician assistants to order care for current and former Department of Energy workers receiving care under the Energy Employees' Occupational uh Illness Compensation Program Act. improving access to care while requiring NPs and PAs to act within their scope of practice under the law. Excuse me. Next are two bills related to the Federal Employees Compensation Act program. H. R. eighty-eight twenty-two, Federal Workers' Compensation, Integrity and Care Act, and H. R. eighty-eight twenty-three. putting patients first by strengthening provider accountability in FICA Act. Both bills were introduced by Representative Ryan McKenzie, Chairman of the Workforce Protections Subcommittee. HRADA twenty-two allows the Secretary of Labor to obtain earnings and employment information from Social Security Administration and the Department of Health and Human Services to help detect and prevent improper payments under the program. H. R. eighty-eight twenty-three allows the Labor Secretary to suspend FICA program payments to medical providers convicted of fraud involving FICA, related state programs, or other federal health care benefit programs, strengthening accountability and program integrity. Next is my bill, H. R. ninety-three eighty-one, AI Workforce Assessment and Research Enhancement, or the AWARE Act. This bill directs to the Bureau of Labor Statistics to collect information on the use of AI in workplaces across the country. The data collected will help policymakers better understand how AI is affecting workers, jobs, and students. Finally, we'll consider H. R. ninety-two twenty-eight, Health Data Access Transparency and Affordability Act of twenty twenty-six. This bill amends the Employee Retirement Income Security Act of nineteen seventy-four, or ORISA, to protect employers' health plans, access to critical cost, quality, and claims information. The bill gives employers' health plans uh the the right to access this information and holds network services providers accountable when they block the access. Giving employers access to this data will help them design better ben- benefits, identify waste, improve care and control costs. I thank the members who have worked diligently on these measures and I look forward to hearing uh from them throughout this mark-up. With that, I yield to the ranking member, the gentleman for Virginia, for an opening statement.
Thank you, Mr. Chairman. Mr. Chairman, this committee has immense responsibility to pass legislation that ensures students receive a quality education, protects workers and expands access to affordable quality health care. While I appreciate the bipartisan work reflected in some of the measures before us, several of the bills unfortunately continue a pattern of advancing divisive political priorities, weakening protections that workers, students and families rely on, and other divisive activities. Moreover, they do not address America's number one concern right now, and that is the rising cost of living. Now we start with considering perhaps the most divisive proposals before us today, and I'd like to start the discussion by acknowledging that discrimination in any form has no pla- place in America. Currently under title six of the Civil Rights Act of s- of nineteen sixty-four, religion is not considered a protected class, The only exception is when one's religion is associated with a person's national origin or shared ancestry. However, in ninety however, H. R. eighty-four seventy-six, the No Antisemitism in Education Act seeks to add antisemitism to this exception and does so by using vague language that elevates a particular definition of antisemitism above others. And it's unclear how this would even work. A discrimination usually means treating one group of people different from another. Race, for example, racial discrimination results when one group is treated differently from another on account of race. No definition of motive is in is involved, just disparate treatment. For some reason this bill uses one definition of anti-semitism over others. in an effort that does not even address the disparate treatment. Furthermore, it elevates anti-semitism above anti-seekism, Islamophobia, which like anti-semitism often presents a discrimination based on shared ancestry or uh it it rele- it elevates it above any other religious discrimination. If this bill is adopted as written, it would create preferential treatment to some within the protected class of religious over others, and create serious constitutional questions involving the Establishment Clause and equal protection. For these reasons I oppose H R eighty-four seventy-six and urge my colleagues to do so as well. Next proposal before us is H R sev uh forty-seven ninety-five, the Protect Economic and Academic Freedom Act of twenty twenty-five. Title four of the Higher Education Act is the largest source of federal funding for america's colleges and universities however this bill would strip schools of access to these federal funds if they're deemed to be engaging assume in the boycott divest and sanctions movement the b d s movement although it doesn't say so in the in the bill uh while there have been some faculty senates and some student organizations that support the b d s movement uh their position does not represent that of their school in fact thirty-eight states have some form of anti-BDS laws on the books. There's not been a single documented case of a college administration adopting a BDS policy as described in this bill. Ultimately, this bill is uh is obviously a a solution in search of a problem and seeks to punish schools in an effort to curb free speech. Next, we consider HR ninety-two O three, the student protection of university accountability. Actu- Count- Accountability Act, the bill would amend the Higher Education Act to add transparency and compliance requirements in relation to Title Six of the Civil Rights Act of nineteen sixty-four. While I can appreciate the author's intended intent to improve t- uh Title Six investigations, the Office of Federal S- the Office of Federal Student Aid is not the office who should be determining whether a school is living up to the uh civil rights obligations under title six. This is the work of the Department of Education's Office of Civil Rights. In the Trump administration's attempt to dismantle the department, it has made drastic cuts to the Office of Civil Rights and recently signed an inter-agency agreement to move most of its substantive work uh of OCR to the Department of Justice. The resulting chaos, confusion and staffing shortages means that OCR will not have resources to defend students' civil rights. If we want to strengthen civil rights enforcement in education, having the Office of Federal Student Aid uh do the work is not the not the answer. Title six has its own enforcement and uh sanctioned provisions. Uh we'd need to fund, fully fund OCR so it can do the work it's um tasked to do. Uh next on the docket would be uh H R twenty five fifty five the freedom of association in higher education act of twenty twenty five, the bill would amend the higher education act to ensure that students receive the same academic, social and ac- ac- and athletic opportunities regardless of their membership or lack thereof in single sex organizations. This has been this has long been a bipartisan priority and the bill is uh introduced was uh supported on both sides of the aisle. But at the eleventh hour, additional unnecessary poison pills and the member nature of substitute called that bipartisan uh support into question. Hope the committee can work its will on the bill to get it back to where it was to begin with, and that is to making sure that colleges cannot punish students simply for exercising their rights to associate as they choose. Next bill is the Equal Campus Access Act of twenty twenty five, which would amend the Higher Education Act to prohibit public colleges and universities from denying religious organizations benefits afforded to other organizations because of their religious beliefs. While I understand the authors' stated intents, its implications are potentially alarming because the bill would undermine an institution's other nondiscrimination policies and potentially shield student groups that claim to be religious from consequences of uh from uh discriminatory uh conduct for example an organization could prevent women from holding leadership positions if it claims that that conduct is in line with religious beliefs so I'll oppose um HL fifty five O five and encourage my colleagues to do as well the uh next would be twenty three thirty two States handling access to reciprocity for employment, uh the share act, bill requires the FBI to provide criminal history information to states participating in occupational licensure interstate compacts. This bill would eliminate inconsistent interpretations by the FBI and allow these compacts to operate as intended and allow states to get access to criminal background checks whether or not they're in a compact. I support the bill and urge my colleagues to do the same. Next we'll consider another bipartisan proposal, HL forty-one twenty-two, health care for energy workers act. Under the energy employees occupational illness compensation program, only physicians may independently prescribe treatment and certify that care is medically necessary for beneficiaries, even in states where nurse practitioners and physician's assistants are authorized to practice independently. This bill allows nurse practitioners and physician assistants to provide direct care um uh under the program whenever state law permits them to practice independently the bill does not alter any s- scope of practice laws. This common sense legislation expands access to care, particularly for workers living in rural areas, reduces treatment delays, and aligns the program with many other federal programs already recognized qualified nurse practitioners and physician's assistants as independent providers. So I support the bill and urge my colleagues to do the same. The next two bills we will consider are H R eighty-eight twenty-two and eighty-eight twenty-three under the current law agencies responsible for administering workers' compensation and disability s- um disability benefits do not consistently share data as a result injured workers might receive overpayments that are often discovered l- years later, long after the money has been spent. Additionally, while the Labor Department uh can't exclude providers from the employees' federal employees' uh Compensation Act program after fraud convictions, it lacks clear authority to suspend pending payments to these providers. Um, H R twenty-two, a- eighty-eight twenty-two authorized data sharing between the Department of Labor, Social security administration, and the national directory of new hires to verify earner uh earnings and benefit information and improve benefit administration. H R eighty-eight twenty-three authorizes the secretary of labor to suspend FICA payments to providers convicted of criminal fraud involving FICA and other federal and state health care benefit programs, including Medicare and Medicaid. Together these builds improved access to protect individual workers safeguard taxpayer dollars and help ensure that federal benefits are administered fairly and efficiently and for those reasons I support uh both of those bills. Next uh bill we will consider is H R ninety-two twenty eight the health data act the bill addresses gag clauses that prevent health parent fiduciaries from overseeing their service providers regrettably the majority has abandoned the committee's past work on this issue and has made changes that do not include input from the bill's original sponsor during the hundred and eighteenth congress gentleman from California Mister Takano. Due to these changes, the bill now lacks safeguards to ensure that the plan data is utilized for appropriate purposes. Instead, it provides an open-ended right for employers to access data, including employee medical records, without ensuring de-identification or that individuals are protected from discrimination. While I wholeheartedly agree with the goal of providing tools for planned fiduciaries to old service providers accountable, this bill does not fri strike the proper balance between transparency and privacy. These goals can be achieved as they were in last bill's uh last year's bill. But this version ignores the legitimate privacy rights that should be protected. I therefore oppose ninety two twenty eight and urge my colleagues to do the same. The last bill before us is H R ninety three eighty one, the AI workforce assessment and research enhancement act. Bill will require the Bureau of Labor Statistics to collect data on how businesses use artificial intelligence. All we can all agree that using data to understand ai s impact on the economy is important this bill this bill tasks the already underfunded bls with data collection work that is largely already being performed by other agencies and without providing any additional funds to do the work for example the census bureaus bureau trends and outlook survey already ask uh employers questions relating to ai and produces results every two weeks. Researchers already have an immense amount of data to continue monitoring the use of AI in our c- in our economy. This bill will force BLS to conduct duplicative work and divert resources from its core duties, and that is uh direct diverting uh resources from currently devo- currently devoted to their other responsibilities, like employment and price data. So I oppose H R ninety-three eighty-one and urge my colleagues to do the same. And lastly, Mr. Chairman, I'd like to address a troubling pattern. This is the second time that um my colleagues across the aisle have taken bipartisan work, repackaged and altered bills in ways contrary to the bipartisan objectives and introduced bills only the same name with partisan results. I hope that this will not be a common practice by my colleagues and with that I yield back.
I thank the gentlemen. Uh, without objection, all members who wish to insert written opening statements into the record may do so by submitting them to the committee clerk electronically by the end of the day today pursuant to House rules a copy of the text to be marked up was made available to members and the public at least twenty-four hours in advance. The bills being marked up today shall be open to amendment at any point, and the chair will allow members to offer amendments in a manner not prohibited by House or committee rules. Without objection, members who have more than one amendment to the bills and wish to offer their amendments en blanc uh may do so. The committee will now proceed to consideration of bill HR eighty-four, seventy-six for amendment. The bill was circulated in advance and printed copies are available. The clerk shall designate the bill.
H R eight four seven six, a bill to require each local educational agency and institution of higher education that receives federal financial assistance to treat discrimination motivated by anti-semitism as vigorously as such agency or institution treats other forms of discrimination prohibited by title six of the Civil Rights Act of nineteen sixty-four and for other purposes.
Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. Does anyone seek to be recognized? Mr. Fein, for what purpose do you seek recognition?
Mr. Chairman, I have an amendment at the desk, amendment ANS underscore zero one.
The clerk shall designate the amendment and the nature of a substitute.
Amendment in the nature of a substitute to HRA
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mister Fein for five minutes to explain the amendment in the nature of a substitute.
Thank you, Mr. Chairman. Uh, this ANS makes a minor technical change to the underlying I wanna tell a story about an eighth grade boy, um, in Colorado. Last year in his PE class, students attempted to play a game in front of him called " Jew Touch-tag" and said Jews were dirty and contaminated. And the school did nothing. Eight months later, A classmate allegedly fashioned a Chromebook charging cord into a lasso, threw it around his neck, and dragged him backwards from a chair while calling him, and excuse my language, a stupid kike. And the school district did nothing. Just a few months ago, another classmate told the student Hitler should have killed all the Jews when he had the chance. I filed this bill today, I bring this bill forward today because this is not an isolated incident. Since October seventh, anti-semitic incidents on college campuses and in K through twelve education have skyrocketed. Overall, there were nine hundred and fifty incidents in twenty-two, eleven hundred and fifty in twenty twenty-three, and two thousand five hundred and fifty in twenty twenty-four. In fact, in twenty twenty-five there were five hundred and thirty-one anti-semitic incidents in our education system around the country. Jews in America today are three times as likely to be the subject of a hate crime as any other group. So I tried to tackle this almost ten years ago as a young legislator in the Florida legislature and I came up with this idea, I said, you know, when someone uses the N-word on campus, no one thinks about free speech. No one talks about, let's understand what they're thinking, let's have a discussion, no. When someone uses the N word on campus, they are invited to go get an education somewhere else. And by the way, that's exactly how it should be. But somehow when it came to Jews, everyone wanted to rediscover the idea of free speech. So I came up with an idea. I said, let's define anti-semitism and then let's not tell institutions how to deal with it. Let's just tell them they have to deal with it the same way they deal with racism. So, this bill does that today. It uses a definition of anti-semitism that is bipartisan in nature. It is the definition of anti-semitism used in thirty-eight states. It is the definition of anti-semitism used by the Obama administration. It is the definition of anti-semitism used by the Trump administration. It is the definition of anti-semitism that was used by the Biden administration. And then it simply says what I said before. You will treat anti-semitism the same way you d- you treat racism, if you wish to obtain federal funding. The good news is that it works. See, we can talk in this chamber, in this room about ideas, will things work or will things not, but the good news is the framers intended a laboratory of democracy, fifty states, to try ideas. And this bill passed in Florida. in twenty nineteen. I'm wearing the kippah today that I wore the day that bill was signed. I wear the kippah today for that eighth grade boy in Colorado who went through things he never should have. And the bills worked. Last year in New York, there were four hundred and thirty-nine anti-semitic incidents, the state with the largest Jewish population in America. In Florida, a state larger than New York, there were fifty-five. See, when you t- pass the right bills, you can solve the problem. We have seven years of experience with this piece of legislation. Seven years of it being used in K-twelve education, seven years of it being used with our twelve state universities, seven years of experience. of it being used in our twenty-eight state colleges. And with that seven years of experience, we have largely eradicated the problem. It's time to take this experiment from our laboratory of democracy and make it nationwide. This committee, under the chairm- the leadership of Chairman Wahlberg and the former Chairman Chairwoman Fox has done an extraordinary job of illustrating the problem that plagues our education system. Today with this bill and the other two we will be hearing today, we will begin to advance legislation that will actually solve the problem. Thank you, Mr. Chairman, and I yield back.
Gentlemen yields, are there any members who wish to be recognized for further discussion on the amendment in the nature of a substitute? There's a gentlelady from North Carolina which should be recognized.
Uh, thank you, Mr. Chair. I'm gonna strike the last word.
You are recognized for five minutes.
Just a little. Uh, let let me begin by saying what should be clear to every member of this committee. Anti-semitism is real, it's dangerous. It has no place on a college campus or anywhere else in this country. Jewish students deserve to attend class, participate in campus life, and and practice their faith without fear of harassment, threats or discrimination. When a university fails to protect its students, it must be held accountable. But protecting civil rights requires more than a strong bill title. It requires a policy that's workable, fair, and supported by the resources necessary to enforce it. And this bill does not meet that standard. Uh, H. R. ninety-two O three would impose new title six procedures on colleges and universities and new reporting and investigation requirements on the Department of of Education's Office for Civil Rights. At the same time, the Trump administration has cut OCR's staff, weakened its capacity, dismissed thousands of complaints, and begun moving portions of this work uh to the Department of Justice. So let me understand this correctly. The majority wants to give OCR more duties while this administration is taking away the people resources and infrastructure it needs to perform the duties, it already has. This is not serious civil rights enforcement. This is setting an office up to fail, then blaming the office when when students do not receive justice. As a former educator of forty years, I know that a right is only meaningful when a student can enforce it. And when a black student faces racial harassment, when a Jewish student faces anti-semitism, when when a student with a disability is is denied an an an accommodation, or when when a student experiences sexual harassment, that student should be able to turn to an office for civil rights that has the staff and the capacity to investigate the complaint. This bill does not uh rebuild O OCR. Uh it does not restore the regional offices that have been weakened, and it does not provide more invest invest for more investigators. It does not address the thousands of students who are already waiting for their complaint to be resolved. Instead, the bill creates a separate and more favorable process for certain Title Six complaints while leaving other civil rights complaints behind. That is a serious equity problem. Students waiting on complaints involving disability discrimination, sexual harassment, racial harassment, or retaliation should not be told that their cases matter less, because Congress has created a new process that that places other complaints a- ahead of theirs. Civil rights are - are not a competition. We should not protect one group of students by weakening the protections available to another. I am also deeply concerned that this bill would connect compliance with - with these new procedures to - to an institution's participation in federal student aid programs. Federal student aid belongs to students. Pell grants, student loans, and work-study assistance should not be used as political leverage in a dispute between the federal government and a college administration. And if an administration violates civil rights laws, then we should investigate the violation. We should require corrective action and hold the institution accountable. But we should not place access to college at risk for low-income students who had no role in the alleged misconduct. That does not punish a a university president. It punishes the student who's trying to to earn a degree. There are parts of this bill that reflect reasonable goals. Colleges should have clear complaint procedures. Students should know where to report discrimination. Institutions should respond promptly and communicate with complain complainants. But those goals should apply fairly across civil rights laws. And and they should be paired with a fully staffed and functioning Office of Civil Rights. The majority cannot claim to care about civil rights enforcement while remaining silent, as this administration dismantles the agency responsible for carrying it out. And if we're serious about protecting students, then let us restore OCR's staff. Uh, this, th- let us address this backlog and let us ensure that that every student regardless of race, religion, national origin, sex, or disability, can have their complaint fairly investigated and let us stop using federal student aid as a weapon against every very very students that we say we're trying to protect. Anti-semitism demands a serious response. This bill is is not that response and I urge my colleagues to vote no. And with that, Mr. Chairman, I yield back.
The general needy yields. Does the gentleman from California seek recognition?
Uh, yes, Mr. Chair.
Mr. Kiley, you're recognized.
Thank you, Mister Chair, uh over the course of the last few years, this committee has uh focused a lot of its efforts uh on addressing the horrifying rise uh in anti-semitism in education across this country. And uh a lot of the focus has been on the horrifying uh scenes that have played out on university campuses. Uh but we've also looked at the uh perhaps even more uh shocking uh scenes that have played out on K through twelve campuses uh across the country. And I have spoken directly with many students who have been the subjects of of targeting, of harassment, uh of discrimination. These are y- high school students or younger who are just trying to go to school, get an education, just trying to be kids, uh and yet are subject to the most vile forms of discrimination and bullying and harassment simply on the basis of who they are. So this is heartbreaking, it is morally, uh extremely troubling, uh and it's also illegal under our civil rights laws. Especially when you consider the fact that in connection with many of these incidents there have been adults on campus who either failed to hold those responsible accountable, uh, or were in some way complicit in what was going on. We have even seen overt anti-semitism incorporated into curricula, uh, in the form, for example, of - of liberated ethnic studies, which, uh, became somewhat, uh, prevalent in California, and fortunately now we're starting to see, uh, those curricula, uh, removed from, uh, from districts in, uh, San Francisco, for example. uh and the statewide version was uh was condemned when they put out a model uh framework uh on that. So uh this bill uh simply reaffirms the legal obligations that exist in every educational institution in this country, and that is to comply with our civil rights laws. Uh so I would hope that this can be the subject of strong bipartisan support today, uh because there are many Jewish students across this country who have had to live through things that no st- child ever could. When you look at what's happened, you wonder how could this possibly be taking place in the United States of America in the twenty-first century, and uh this is an opportunity for all of us to say that it's unacceptable and that we want to assure that the full extent of our civil rights laws are enforced. to protect these students. I yield back.
Gentlemen yields, are there any other members who wish to be recognized uh for f- for further discussion?
Mister Chairman.
Does a gentleman from Virginia wish to be recognized?
Thank you, Mister Chairman.
Gentleman is recognized.
Thank you, Mister Chairman. Um, Mister Chairman, I What?
Clarify for I don't think she's talking to that person.
Um. H. R. eighty-four seventy-six is an attempt to rewrite civil rights laws in a mat- matter that is grossly inequitable and probably unconstitutional. Title six of the Civil Rights Act of nineteen sixty-four does not include religion as a protected class. However, since twenty O four there's been a bipartisan consensus that title six can and should be interpreted to protect in- individuals based on their actual or perceived shared identity or ethnic characteri- characteristics or their national origin, even if at first glance it appeared to be uh that um that discrimination was based on religion. And this has been found to be uh to apply most frequently discrimination against Jews, Sikhs and Muslims, but the Department of Education recognizes recently as twenty twenty-four that there are situations where others could be included. And under this definition, the situation described by the gentleman from Florida would certainly come under current law. Enforcement of the law is the responsibility of the Office of Civil Rights within the Department of Education. Now regrettably, the Office of Civil Rights is being dismantled and the Department of Education is being abolished. But so if you want to enforce the law, you can't enforce the law while you are dismantling the agency responsible for enforcing the law. Uh, it's the uh department has produced guidance over twenty years to help recipients of federal funds understand their duty to respond to discrimination in these cases, cases which are often highly fact fact specific. Uh, this bill would elevate the treatment of anti-semitism above any other form of racial of religious discrimination. Rather than amend title six directly, the bill attempts to uh piggyback on the provisions of title six asking those provisions apply to religious discrimination as well, but only for anti-semitic discrimination. This bill would put um would position Jewish victims of discrimination differently than Christian, Muslim, Sikh or other religions were victims of discrimination. I don't believe it's the intent of the sponsor uh to have uh to have an act of the law that offers varying degrees of legal protections from discrimination based on a person's specific religious beliefs. I don't believe it's his intent to write a bill that establishes one religion as having a higher priority over others, but the plain text of the bill is clearly construed, has to be construed in that way. As since October seventh the committee has been focused on the issue of uh discrimination, religious discrimination, by only focusing on anti-semitism. This is not because it's the only kind of discrimination occurring on campuses. Now whether it is the former FBI director's testimony to the Senate on the rise of Islamophobia the hate crime statistics or headlines of Palestinian students shot while wearing uh while uh shot as as students with them being violently attacked, as counter-protest, it's been clear that to everyone except the majority, that there are others who are victims of discrimination. But to the extent the majority continues to ignore that fact, you're being you're building a record uh that you are not considering equal protection. This bill also defines anti-semitism using the International Holocaust Remembrance Al- Alliance definition and working examples. This is the definition that one of its own authors has publicly testified that it should not be used in educational settings. By acquainting certain statements of opinion about Israel as being anti-semitic it has the effect of chilling constitutionally protected speech, as federal court in Texas of all places ruled in twenty twenty four. Uh, this definition is not the only one around. There are multiple definitions of anti-semitism now in use, the ones that make key distinctions that protect p- uh political speech. It's also important to note, mister, mister Chairman, how you define anti- anti-semitism is of little use in discrimination cases. Discrimination occurs when there is a differential treatment based on the protected class, in this case religion. How you define uh religion is irrelevant. The operative question is did you treat one group different from another on account of religion? Um, so I just urge my colleagues to oppose the bill I'm gonna ask. and um and and yield back and um
Gentleman yields.
and yield back.
Uh, does the gentlelady from North Carolina seek to be recognized?
Yes, thank you, Mister Chairman. I yield to the gentleman from Florida. First, let me say I I associate myself with the comment from Representative Kiley and Representative Fein, and I uh yield to Representative Fein for his comments.
Well, thank you, um Representative Fox for that. Um We just heard that we have current law. The current law, the law of twenty years exists
That's good.
to protect Jewish students. Tell that to the students who had to deal with this person. on their campus.
We have to make a statement.
I'm glad there are words on paper
We can make a statement.
that should solve the problem,
She actually talked about it earlier,
but what is clear
but not this one.
is that they are not. And you don't have to take my word for it, look on just about any college campus that's not in the state of Florida. You know, we heard that we've got an Office of Civil Rights being defunded. They are the ones who are supposed to deal with this. They weren't defunded under Joe Biden. No one was going after them then, and they failed abjectly to solve the problem.
We just naturally
Interestingly,
need to work for that purpose.
the number of recorded cases of anti-semitism has fallen for the first time in years. In twenty twenty five, all we needed was a new president. The whataboutism about other groups and other faiths, no one should be discriminated against on college campuses. But what is clear is what is taking place every single day in our K-twelve system, in our university system, and our community college system is unique to Jewish students. And for those who are concerned that what I am proposing may be unconstitutional, I would issue the same warning I issued to those in Florida seven years ago. When you say you will treat anti-semitism the same way you treat racism, and then you say you cannot go after those who engage in anti-semitism, guess what that means to the groups that you actually do care about. Because if you're allowed to say anything you want, If every speech is protected, then get ready for things that none of us want. Get ready for someone to say the N-word is protected speech. I remind you, this bill does not elevate one group over another. It does not say one group gets preferential treatment. It simply says that we cannot discriminate in how we deal with discrimination. And to object to that view means that you think that we should. It means that you think some minority groups deserve superior protection to others. My bill does the opposite. It says they must all be treated the same. Lastly, we heard some words about the definition that is used. The definition that is used in this bill is pulled directly from executive orders. used by Barack Obama, Joe Biden, and Donald Trump. Three men that don't really agree on all that much. But on this they did agree. Thirty-eight states agreed with this definition. Over a thousand governmental organizations around the world have adopted this definition. Why? Because it was prepared over years of study because you cannot solve a problem if you do not define it. Now, I know there are those who will desperately use any excuse to justify what we see on this sign on college campuses. But for my two sons, for that eighth grade boy in Colorado, and for the thousands of other Jewish students who are putting up with this stuff every day, I'm not gonna stand by, I'm not going to allow it, and I hope that all of my colleagues will support this good bill. I yield back.
Gentleman yields. This is a lady, a gentlelady from Oregon, seek to be recognized.
Yes, um, uh, Mister Chairman, I seek to be recognized.
You're recognized.
Uh, thank you, I'd like to yield my time to the gentlewoman from North Carolina, rank, uh, member, uh, uh, Adams.
Yeah, Mister, uh, thank I just wanna thank the the lady for yielding, but Mister Chairman, I just want to, uh, uh, make a correction that, uh, the bill I spoke on was for ninety-two O three. Nine two O three, that was the bill I wa- that I was speaking on when I when I spoke earlier.
So just to understand, it wasn't on this bill that you were speaking.
No.
OK.
Thank you, sir.
I appreciate that.
Good. I yield back to the
I yield back.
gentlelady.
Gentlelady yields. Are there any others members who wish to yield a time for discussion on this amendment in nature of a substitute? There be no further discussion? On the amendment and the nature of the substitute, the committee will move to consideration of amendments. Are there any members who would like to offer amendments? There being no amendments, the question now occurs on the amendment and the nature of a substitute to H R eighty-four seventy-six. All in favor say aye. Aye. All opposed, no.
No.
In the opinion of the chair, the ayes have it. And the amendment is in the nature of a substitute is agreed to, we'll now move to consider the next bill.
One more page.
The committee will now proceed to consideration of Bill HR forty-seven ninety-five, for amendment. The bill was circulated in advance and printed copies are available. The clerk shall designate the bill.
H R four seven nine five, a bill to amend the Higher Education Act of nineteen sixty-five to prohibit an institution that participates in a non- expressive commercial boycott of Israel from being eligible for certain funds under that act, to require an institution that participates in certain programs under that act,
Mm-hmm.
to certify that students are not unreasonably obstructed from participating in academic pro programs in Israel and for other purposes.
Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. Does anyone seek to be recognized? Um, Mrs. Fox, for what purpose do you seek to be recognized?
I have an amendment at the desk titled four seven nine five ANS underscore zero one.
Uh, the clerk shall designate the amendment in the nature of a substitute.
Amendment in the nature of a substitute to H R four seven nine five, offered by Miss Fox of North Carolina, identifier four seven nine five, ANS underscore zero one.
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mrs. Fox, the gentlelady from North Carolina, for five minutes to explain the amendment in the nature of a substitute.
Thank you, Mr. Chairman. For decades, the United States and Israel, maintained a strong partnership rooted in shared democratic values, economic cooperation, scientific advancement and educational exchange. It's the reason Congress designated Israel as the quote " first major strategic partner" unquote in twenty fourteen via the United States-Israel Strategic Partnership Act. American universities and Israeli institutions have worked together on groundbreaking research, medical innovations and programs that benefit students and faculty, in both countries. Unfortunately, there's been an alarming rise in anti-semitism on American college and ca- university campuses, driven largely by anti-Israel, radicals to coerce institutions into divesting from and boycotting Israel. Boycotts of Israel have been weaponized to isolate Jewish students, silence Jewish faculty, and cut American universities off from invaluable intellectual and research partnerships with Israel, Israeli, academic institutions. In one boycott example, this committee's investigation of Northwestern University found that faculty members at Northwestern's provost were openly willing to appease encampment organizers in their efforts to demand the university boycott Sabra Hamas because of the brand's perceived association with Israel. In addition, while a concentrated academic boycott of Israel academic and cultural institutions has been pursued for decades. Harmful academic boycott activity has increased since the October seven, twenty twenty-three attack. Title six of the Higher Education Act authorizes funds, quote, to promote access to research and training overseas, including through linkages with overseas institutions, end quote. Some of the entities receiving this taxpayer funding have become hotbeds of calls for academic boycotts. For example, one leading professor of Georgetown's Title Six supported National Resource Center has actively pursued a full academic boycott of Israel. In twenty thirteen, the American Studies Association, the largest academic group in the United States, adopted a policy endorsing an academic boycott of Israel. In twenty fourteen, six taxpayer-supported NRC directors signed a letter endorsing an academic boycott of Israel. These academic boycotts contravene the purposes of the Title Six funding they receive. Such actions do not expand knowledge, they do not promote dialogue, and they do not advance the mission of higher education. The Protect Ej- Economic and Academic Freedom Act prohibits institutions participating in federal student aid programs from engaging in non- expressive commercial boycotts of Israel. It also requires universities receiving Title Six funds to treat partnerships, exchanges and collaborations with academic programs in Israel, in the same manner as academic programs in other states. This legislation does not dictate viewpoint viewpoints, does not prohibit anyone from expressing their opinions. Individuals remain free to advocate, protest or engage in political speech protected by the First Amendment. Students can still choose to abstain from products made in Israel. But what Congress cannot and should not tolerate, is taxpayer money being used to marginalize Jewish people and undermine Israel's major strategic partner status enshrined in law. This bill addresses conduct and sends a simple message. American taxpayers should support institutions that foster academic opportunity and international collaboration, not institutions that erect barriers and engage in discriminatory boycotts. At a time when anti-semitism has risen on campuses Congress has a responsibility to reaffirm that discrimination and exclusion have no place in higher education. Jewish students and faculty should not be denied opportunities for research or collaboration, simply because these opportunities involve Israel. Knowledge flourishes through engagement, not isolation. Universities should be centers of inquiry, discovery and open exchanges, not vehicles for economic warfare against major academic partners, strategic partners. I will note this ANS includes changes to reflect technical feedback from the administration to ensure the most economical approach by encapsulating the bill's reforms within the frameworks of program participation agreements. Doing so will ensure colleges and universities do not face unnecessary burdens, even as Congress makes clear that these harmful, hateful weapons of anti-semitism, these BDS campaigns, will not be aided by taxpayer funds. I'd like to thank my Democratic colleague, Representative Gottheimer, for his work in co-authoring this legislation. He's a great partner in this chamber and a steadfast champion for safeguarding our interest against BDS boycotts at home and abroad. I'd also like to thank the American Jewish Committee and the Combat An- Antisemitism Movement for their support of this legislation. I urge my colleagues to support H. R. forty-seven ninety-five. And I yield back the balance of my time.
General Lady Iles, are there any other members who wish to be recognized for further discussion on the amendment in the nature of a substitute? There's a gentleman from Virginia, the ranking member, who wish to be recognized.
Uh, yes, Mrs. Chairman.
I recognize you for five minutes.
Thank you, Mrs. Par- Mrs. Chairman, Mrs. Chairman, the sponsor of forty seven ninety five claims the bill as a direct response to the boycott, divest, sanctions, BDS movement against Israel. uh to disagree with the aims of BDS and like many others during the hundred and sixteenth Congress voted in support of a resolution which opposed the efforts to uh de-legitimize the State of Israel and the global boycott divestment sanctions movement targeting Israel I supported that resolution in part because the global BDS movement does not favor a two-state solution and seeks to exclude the State of Israel and the Israeli people from economic cultural and academic life of the rest of the world. If the goal is to defeat global BDS, I would argue that it's a a solution in search of a problem. My understanding is there is not an institution of higher education in this country that has joined the global BDS movement. There have been student assemblies or faculty senates who have expressed their legally protected first amendment opinions, that their schools should join that movement, but those votes were invariably followed by the schools publicly stating that they weren't taking that action. As we've had to stipulate many times over the past three years, speech that offends is still constitutionally protected. Uh, many states have found out this in their anti-BDS laws, which have been defeated on constitutional grounds, and I guess that's why BDS is not specifically mentioned in the bill. It claims to only regulate, quote, non-expressive commercial boycotts. Um, So uh but I I think there is common ground we can move forward on. The second half of the bill conditions HTA's international educational funding on schools certifying that they will not impede the ability to engage in academic programs cultural exchanges and so forth with Israeli students and faculty. The uh Higher Education Act international education funding is arguably very closely linked with the concept of cultural exchange and I think bringing students together to learn from each other, something we should be uh promoting. So um some of it is specific and easy to understand or the others is kind of garbled, but um whatever, I yield back.
Gentleman yields. Are there any other members who wish to be recognized? The gentleman from Florida, Mister Fein, do you wish to be recognized?
Yes, thank you, Mister Chair.
Recognized for five minutes.
Thank you, I just wanted to say that I I support this bill fully and I yield the balance of my time to Representative Fox.
Uh, thank you, Mister Chairman. I w- I want to just, uh, reassert that the framework is based on state law that has withstood challenges. Um, I'm not sure if a colloquialism would work in this case, but I - I would say that I believe an ounce of prevention is worth a pound of cure. I yield back to the gentleman from Florida.
I yield back.
Gentleman yields. Are there any other members who wish to continue the discussion on this amendment and the nature of a substitute? There being no further discussion on the amendment and the nature of a substitute, the committee will move to consideration of amendments. Are there any members who wish uh would like to offer amendments? There being no amendments, the question now occurs on the amendment in the nature of a substitute to HR forty-seven ninety-five. All in favor say aye. Aye. All opposed, no. In the opinion of the chair, the ayes have it, and the amendment in the nature of a substitute is agreed to. We'll now move to consider the next bill. The committee will now proceed to consideration of Bill H R ninety-two O three, for amendment. The bill was circulated in advance and printed copies are available. The clerk shall designate the bill.
H R nine two zero three, a bill to increase the transparency of colleges and universities in carrying out their civil rights responsibilities and for other
Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. Does anyone seek to be recognized? Mr. Fein, for what purpose do you seek recognition?
Mr. Chairman, I have an amendment at the desk, amendment ANS underscore zero one.
The clerk shall designate the amendment in the nature of a substitute.
Amendment in the nature of a substitute to HR nine two zero three. Offered by Mister Fine of Florida, identifier MU nine two zero three ANS underscore zero one.
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mister Fine, the gentleman from Florida, for five minutes to explain the amendment in the nature of a substitute.
Well, thank you, Mister Chairman. The ANS makes a minor technical change to the underlying bill. Federal tax dollars should never support discrimination. That's why title six of the Civil Rights Act prohibits targeting people based on who they are, their race, color or national origin. Administrations of both parties have affirmed that title six protects Jewish students from anti-semitic discrimination based on their shared ancestry and ethnic identity but since the terrorist attack against Israel on October seventh of twenty twenty three we have seen an explosion of anti-semitism on college campuses as I talked about before but students and families face confusing reporting processes and often don't even know whether their complaints are being investigated, why cases are dismissed, or what actions have been taken. This has raised questions about how institutions of higher education investigate claims of discrimination and harassment under Title six. This legislation is needed because while Title six theoretically provides protection against discrimination, the current Title six statute and regulations provide very little guidance to colleges and universities on how those complaints should be handled. As a result, students are often left navigating inconsistent procedures and uncertain outcomes. This bill strengthens transparency, accountability, and oversight of Title VI investigations by both institutions of higher education and the federal government. It requires colleges and universities to clearly communicate how discrimination complaints are investigated, to keep complainants informed throughout the process, and explain the reasoning behind the decisions that they make. The bill also ensures that students know where to turn if they experience discrimination. It requires institutions to widely communicate their title six complaint procedures, so students understand how to file a complaint and what to expect throughout the investigative process. But transparency should not end at the campus level because as we have learned, we cannot necessarily trust what is happening at the campus level. Therefore, this bill requires the Office of Civil Rights to brief this committee, as well as our counterpart in the Senate, on the status of investigations. This provision will give Congress an opportunity to hear directly about the progress being made while investigating Title Six claims. Finally, the bill ensures that Title Six complainants receive the review and attention they deserve. The bill prevents complainants from being improperly dismissed, or delayed simply because similar allegations have been raised elsewhere, or by other people. It codifies long-standing OCR practices regarding class action complaints, helping to ensure these practices are applied consistently. While this was a long OCR policy, the Biden-Harris administration abused its discretion and dismissed cases that should have been investigated. This provision will codify OCR's practice into law to ensure it is followed, and I'm certain My Democratic colleagues will support that, given their concerns about the Office of Civil Rights. The bill also ensures that same office will not dismiss or delay an investigation of a complaint simply because the same allegations have been raised elsewhere. If multiple people are making the same complaint, it probably means it's more likely that it's true, not that it should be dismissed. This bill is supported by the Union of Orthodox Jewish Congregations of America, a leader in the efforts to increase the transparency of Title Six investigations on college campuses. At a time when anti-semitism is once again rising on college campuses across the nation, this committee has a responsibility to ensure that our colleges and universities remain places of learning not as they have too often become, hostility. This legislation is just one important step forward in our efforts to protect students' rights and guarantee equal access to educational opportunities for all students. I urge my colleagues to support the Student Protection and University Accountability Act and I yield back.
Gentleman Yields, are there any other members who wish to be recognized for further discussion on the amendment in the nature of substitute? The gentlelady from Oregon, do you wish to be recognized?
Yes, I wish to be recognized. Thank you very much.
You're recognized for five minutes.
Uh, th- thank you, Mr. Chairman. Um, I obviously uh agree with my colleagues on both sides of the aisle that anti-semitism is a real problem that must be addressed. But I'm a little confused reading this bill because it makes frequent references throughout to the Office for Civil Rights of the Department of Education. As you all know, last week Secretary McMahon announced that she is, in my opinion, illegally transferring the Office of Civil Rights to the Department of Justice. Over the years it's been clear that the Office of Civil Rights at the Department of uh of Education is obligated to look at all complaints. Uh, that's their case processing manual. They have to evaluate every complaint, and if they don't, of course, as Congress should hold them accountable. That's not what the Department of Justice does. They do not work that way and they were never built to. So I'm just confused at this bill right now because of the attempt to move the uh Office of Civil Rights to the Department of Justice. So I encourage my colleagues to join me in fighting that move and keeping the Office of Civil Rights at the Department of Education. But in the meantime, it doesn't make any sense to keep referring to it and giving it responsibilities when the secretary is illegally transferring it to another agency, and I yell back.
The gentlelady yields. Are there any other members who wish to be recognized for further discussion? The gentleman from Virginia, the ranking member, do you wish to be recognized?
Yes, uh, Mr. Chairman.
You're r- recognized for five minutes.
Uh, thank you, Mr. Chairman. The issue of title six compliance in educational settings is one that I've been working on for some time and the hundred and sixteenth Congress introduced in the House past, the Equity and Inclusion Enforcement Act, or EIEA, which would require all K through twelve schools and colleges to receive federal funding to designate at least one employee as the official title six monitor, just like we have title nine monitors, to handle both investigation of complaints and institutional compliance. Also provides a private right of action for disparate impact cases under title six. This Congress, EIEA, is HR thirty-six O six. Encourage the committee to take it up and report it and to improve title six compliance in all settings. Now we're putting the um merits aside for EIEA or this bill, I feel we have to address the elephant elephant in the room and that is it is hard to consider these bills from the majority that put affirmative responsibilities on the Department of Education when the department is illegally being dismantled while we're While we're just, as we're talking, I think the title six compliance should be handled by the department's office of civil rights, that's the present law. Uh, ninety-two O three would dictate that the office of federal student aid and the office that handles program participation agreements should play a ro- role in that. But regardless of which opinion is better, these two offices, the office of uh of student aid and the um uh federal student the federal student aid and the office of civil rights, they're two educational offices that lost the most employees in secretary in the secretary's reduction in force last year. Both of these offices have entered into inter- inter-agency agreements to transfer many of their duties to other other executive um departments, particularly treasury and and um and justice. GAO found that OCR paid staffers upwards of thirty-eight million dollars not to work last year as the backlog of cases grew. And a recent Senate help uh committee report found that OCR reached zero resolution agreements last year in cases of sexual harassment, sexual violence, seclusion and restraint, racial har harassment, and discriminatory school discipline. So frankly, why should we take any measure the majority offers regarding these directives seriously when this committee continues to ignore its offshoring and crippling to the point where it can't accomplish the g- the task already mandated under current law. OCR is tasked with enforcing the nation's educational civil rights laws, including title six of the Civil Rights Act of nineteen sixty-four, title nine of the civil of of the educational amendments of nineteen seventy-two, and the Individuals with, uh, Disabilities Education Act, Currently OCR has a backlog of approximately twenty five thousand pending cases. We plan to offer an amendment to authorize funding necessary for OCR to get its arms around the problem and start doing the job it will require to, uh, to chip away at that backlog. Finally, H R ninety two O three includes OCR case processing reforms that I fail to understand the purpose of. OCR relies on a uniform case process to direct how its staff handles cases. That manual ensures that all cases are handled in the same manner in the manual outlines multiple instances of where OCR shall dismiss or may dismiss claims that are pending with other agencies or with uh a court of law. The OCR must make determinations that other agency or court in question will apply comparable legal standards and afford complainants comparable remedies that they would receive from OCR before dismissing such cases and complaints uh and have the opportunity to refile after their case has been handled by another agency at a time when understaffing when the understaffed agency has a backlog twice as long as when we considered the bill in the last congress. I don't understand who is advocating for a policy change that will exacerbate the current backlog of cases at OCR or changes that will result in longer times to resolution for all educational civil rights claims. Further, by elevating title six claims above others at the department, we run the risk of creating inequities in the enforcement of our educational civil rights laws. I urge my colleagues to oppose the bill and yield back the balance of my time.
The gentleman yields. Are there any other members who wish to be recognized for further discussion? There being no further discussion on the amendment and the nature of the substitute the committee will move to consideration of amendments. Are there any members who would like to offer amendments? There's a gentleman from Virginia, the ranking member, who wished to offer an amendment.
Uh, yes, I have an amendment at the desk. H R nine two O three D AMD O one.
Uh, the clerk will report the amendment.
Amendment to the amendment in the nature of a substitute to HR nine two zero three, offered by Mister Scott of Virginia, identifier Scott underscore AMD underscore zero one.
Does the gentleman from Utah wish to reserve a point of order?
Yes, I'd like to reserve a point of order.
A point of order is reserved. I now recognize the gentleman for Virginia, the ranking member, uh, for five minutes in support of his amendment.
Thank you, Mr. Chairman. Mr. Chairman, this amendment simply requires the department to do the uh this uh bill is asking it to do. H R ninety-two O three is one of multiple bills we marked up in committee, this Congress, that places affirmative duties on the Department of Education. In fact the majority can bring these bills forward knowing full well that the duties of Congress have already have already placed on the department are being sent all over Washington to other agencies with inter-ish inter-agency agreements, is shocking. Just this month the department entered and entered into an inter-agency agreement with the Department of Justice to transfer the investigate investigative work of the Office of Civil Rights to the Department of Justice Civil Rights Division. Begs the question, what will OCR be able to tell us about their Title VI work if that work is being done by another agency will DOJ have to brief OCR about what they're doing in OCR's name? So OCR
The gentleman yields back. Uh, does the gentleman from Utah withdraw the reservation? Yields back. The reservation is withdrawn. Does anyone else seek recognition on the amendment? Does a gentleman from Florida, Mister Fein, seek to be recognized?
I do, Mister Chairman.
You're recognized for five minutes.
Um, thank you, I I speak in opposition to the amendment. I understand that my colleagues across the aisle are fundamentally opposed to any effort to shake up the status quo in education they do. They don't want families to have more choices to escape low-performing schools. They apparently don't think any child was ever educated before the creation of the Department of Education in nineteen seventy-nine and they apparently think the Department of Education despite all of the data to the contrary was doing a great job right until twenty twenty-five. Their commitment to these beliefs despite all the evidence to the contrary is impressive in a sad way, whatever happened to quote unquote following the science. I oppose this amendment because it cements silos and prohibits collaboration between agencies to improve program delivery. Inter-agency agreements under the Economy Act have been used by many prior administrations both Democrat and Republican to deliver better results for program recipients and taxpayers. Eliminating this option for agency collaboration would only protect outdated systems that do not work. I urge my colleagues to oppose this amendment, support the underlying bill, and I yield back.
The gentleman yields. Are there any oth- other members who wish to speak? The gentlelady from Oregon, you wish to be recognized.
Yes, I wish to be recognized in support of Mr. Scott's amendment.
Recognized for five minutes.
Thank you. I I support Mr. Scott's amendment. And and just wanted to note that uh at present there's at least six hundred organizations that have signed a letter opposing the transfer of uh IDEA to HHS and OCR to DOJ. These are organizations, particularly uh organizations that work with students with disabilities and other civil rights groups. They are the people on the ground and they are concerned about the importance of having these programs consolidated. This is not about finding a more efficient way to do things, in fact uh transferring from the Department of Education to other agencies only adds more bureaucracy. So I support the amendment and I yield back.
The gentlelady yields. Are there any other members who wish to speak on the amendment? Seeing none, the question now is on the amendment by the gentleman from Virginia, the ranking member. All in favor say aye.
Aye.
All opposed, no.
No.
In the opinion of the chair, the no's have it, and the amendment is not agreed to.
Ordered.
A roll call vote is ordered pursuant to the chair's previous announcement. This vote will be postponed. Are there any further amendments to the amendment in the nature of a substitute to H R ninety-two O three the gentleman from Virginia wishes to be recognized for an amendment you're w
Yes, sir.
Mr. Chairman, I have an amendment at the desk. H R nine two O three D M D O two.
The clerk will report the amendment.
Amendment to the amendment in the nature of a substitute to H R nine two zero three, offered by Mister Scott of Virginia, identifier Scott underscore AMD underscore zero two.
Does the gentleman from Utah reserve a point of order?
Reserve a point of order.
Point of order is reserved and I now recognize gentleman from Virginia, the ranking member, for five minutes in support of his amendment.
Thank you, Mister Chairman. Mister Chairman, the gentleman from Florida just incredibly opposed an amendment requiring the Department of Education to do what his bill tells them to do. This amendment will give them the funding to do what his bill tells them to do, so we'll see how this works out. The, if we wanna improve civil rights enforcement, we need to put our money where our mouth is. The Office of Civil Rights has been decimated under the Trump administration. The reduction in force uh cut its staff nearly in half, essentially doubling caseloads for the investigators that were left behind. The department was eventually forced by the dictates of reality to rehire some of those staff to help bring down the ever-growing backlog backlog of cases. When the secretary came to us earlier this year, she insisted that the budget she submitted to Congress, a budget that contained less money for OCR than last year, that that was merely a floor and that she wanted an increase to she wanted to increase the hiring numbers. This amendment would provide the secretary with what she asked for, it would raise the floor she mentioned and authorize up to two hundred and million dollars for OCR for each of the next four fiscal years. And that's what it will take to uh get this job done that the bill is asking the c- the department to do. So I urge the d- option of the amendment and you'll back the balance of my time.
The gentleman yields. Uh does the gentleman from Utah withdraw?
I withdraw my reservation.
The point of order, uh the reservation is withdrawn. Does anyone else seek recognition on the amendment? The gentleman from Florida, do you wish to be recognized?
I do, Mr. Chairman.
Recognized for five minutes.
Thank you, Mr. Chairman. Um, unfortunately, I must oppose this amendment. Um, with all due respect to my colleague, this amendment doesn't advance the effort to increase the transparency of Title Six investigations on college campuses, nor does it help codify effective OCR investigative procedures. It just throws money at a problem, a problem I would note, as I shared anti-semitism that went up during Joe Biden's presidency despite his concerns has gone down under President Trump's. This administration's made great strides combating anti-semitism. It's now taking steps to better align civil rights investigations with civil rights enforcement by formalizing a partnership with the Department of Justice. Democrats have no substantive reason to argue with this administration's actions or with the abs- actual substance of the bill so they're raising smoke screens and just throwing money away. I urge my colleagues to ignore these distractions, reject this messaging amendment, and support the underlying bill. I yield back.
Gentleman yields. Are there any other members, uh, the gentlelady from Oregon, do you wish to be recognized in the meeting?
Yes, I wish to be recognized in support of Mister Scott's amendment.
Recognized for five minutes.
Uh, uh, thank thank you, Mister Chairman. I I strongly support this amendment. We cannot expect the Office of Civil Rights to do the work if they don't have the staff and if they don't have the funding. They're currently facing a massive backlog of somewhere between eleven thousand and twenty-four thousand cases pending across the country it's not a smoke string screen or messaging amendment to say that they need staff to handle those so I support the amendment, and I yield back.
I thank the gentlelady. Are there any other members who wish to be recognized on this amendment? Seeing none, the question is on the amendment by the gentleman from Virginia, the ranking member. All in favor say aye.
Aye.
All opposed no.
No. No.
In the opinion of the chair, the no's have it and the amendment is not agreed to.
Go ahead, Bob.
A roll call vote is ordered. Pursuant to the chair's previous announcement, this vote will be postponed. Are there any further amendments to the amendment in the nature of a substitute to H R ninety two O three? Seeing none, the further action on H R ninety two O three is postponed. We'll now move to consider the next bill. The committee will now proceed to consideration of Bill HR twenty-five fifty-five, for amendment. The bill was circulated in advance and printed copies are available. The clerk shall designate the bill.
H R two five five five, a bill to amend the Higher Education Act of nineteen
Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. Does anyone seek to be recognized? Uh, Mister Harris, for what purpose do you seek recognition?
Mister Chairman, I have an amendment at the desk.
The clerk shall designate the amendment in the nature of a substitute.
Amendment in the nature of a substitute to H R two five five five, offered by Mister Harris of North Carolina, identifier MU two five five five, ANS underscore zero one.
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mister Harris, gentleman from uh from uh N- North Carolina, uh for five min-
Thank you, Mister.
for five minutes to explain the amendment in nature of a substitute.
Thank you, Mr. Chairman. I'm proud to cosponsor HR twenty-five fifty-five, the Freedom of Association in Higher Education Act, which would uphold the freedom of association protections for students. Too often students in single-sex social organizations, which range from Greek life to religious groups and others, face requirements that are not placed on other student groups. Students in fraternities and sororities, for example, have been barred from receiving college fellowships or holding leadership positions in other student organizations. Students are also often required to follow a deferred recruitment policy that prohibits them from joining Greek life even while they're allowed to join other campus organizations. It's simply not fair to place additional requirements on single-sex student groups solely because they enforce single-sex membership standards. The Freedom of Association and Higher Education Act would ensure that any student can form a single-sex social organization or join one if selected for membership. The bill would prohibit colleges from taking action against a student or student organization because that organization is single-sex. It would also prohibit colleges from imposing additional restrictions on organization because it is single-sex. My amendment in the nature of a substitute makes a few changes to the bill that I'd like to take a moment and highlight. First, it allows private universities to take action against single-sex organization if the organization's purpose is incompatible with the religious mission of the university ensuring that private universities can abide by their religious beliefs. It also prohibits colleges from imposing additional requirements on advisors serving single-sex social organizations. And lastly, the ANS defines sex as biological sex. ensuring that protections in the bill would only apply to single-sex student groups that abide by this common-sense definition and are consistent with Title nine. I'm proud to support this bill to protect students and single-sex organizations on college campuses. And I urge my colleagues to support H R twenty-five fifty-five, the Freedom of Association and Higher Education Act. And with that, Mr. Chairman, I yield back.
Gentlemen yields, are there any members who wish to be recognized for further
Yes, Mr. Chairman.
This is Jenalady from North Carolina, which should be recognized.
Thank you, Mr. Chairman. I I moved to strike the last word.
Jenalady is recognized for five minutes.
I I'm just amazed at w- at what I just heard. I I I'm I am a member of a single sex sorority. I taught at a single sex college for forty years. But anyway, let me let me just uh uh make a few comments. I do support the right of students to I understand the importance of fraternities, sororities, and and other student organizations. And on many campuses, especially our historically black colleges and universities, these organizations are more than social clubs. They're places of leadership, service, mem- uh mentorship, scholarship, and and lifelong community. For generations, black fraternities and sororities have helped students find belonging, serve their communities, and develop into leaders. So I understand why Congress would want to ensure that colleges do not unfairly punish students simply because they choose to join a single sex organization. That was the issue this bill was supposed to address, but the amendment and the nature of a substitute changes the bill. Uh the majority inserted a definition of sex that has nothing to do with protecting a student from d- being uh denied a scholarship, a leadership position, or a letter of recommendation because they joined a fraternity or sorority. Instead, the bill now defines sex exclusively through reproductive, biology, and and writes transgender students out of the protections the bill claims to provide. That language was not necessary to solve the problem before us. It was added to turn a bill about freedom of association into another vehicle for the majority's political attacks on transgender America. And that's why I cannot support it. Freedom of association should mean freedom for all students. It should not mean that Congress protects the freedom of some students while using the same bill to question the dignity and the identity of others. Transgender students attend our colleges and universities. They join clubs. They participate in campus life. They form friendships and communities. And they deserve the same respect, safety, and opportunity as every other state. Uh this committee uh has spent far too much time this Congress targeting a very small and vulnerable group of young people. At some point we must ask what problem we are actually trying to solve. And if the goal is to protect fraternities and sororities from unfair institutional retaliation, then we can do that without inserting a definition designed to exclude transgender students. If the goal is to protect freedom of association, we can write a bill that protects freedom of association. We do not need to legislate the bodies of students in order to do that. Uh, I'm so concerned as well uh about how broadly this bill defi defines adverse action. This bill reaches scholarships, housing, athletic participation, leadership, positions, employment, recommendations, and institutional. recognition and some of those protections may be reasonable when an institution acts solely because a student belongs to a single sex organization. But schools must still be able to enforce rules against hazing, harassment, discrimination, violence, and other misconduct. A fraternity or sorority should not be punished simply because it is a single sex, but neither should an organization be placed beyond accountability because it claims Uh, its conduct is tied to its membership practices. Students deserve both freedom and safety. We can protect both. This bill also reflects a troubling pattern. The majority takes a legitimate concern, adds divisive language that that that's not needed to address it, and then tells members that opposing the bill means opposing the the the original principle. Well, that's just not true. I support fraternities and sororities, proud member of Alpha Kappa Alpha. I support student leadership. I support the freedom of students to associate and I support the right of every student including transgender students to be treated with dignity. Those positions are not in conflict. The majority choose choose uh chose to create that conflict by adding this definition. Uh it did not have to do that. If that language were removed, we could have a serious bipartisan conversation about protecting student organizations and and protecting uh uh preventing unfair institutional retaliation. But as written, this bill is no longer simply about freedom of association. It's another attempt to use federal education policy to marginalize transgender students. And I'm not gonna support that. I urge my colleagues to reject this bill and return to the bipartisan principle that every student deserves freedom, safety, equal treatment on campus. With that, Mr. Chairman, I yield back.
The gentlelady yields. Are there any other members who wish to be recognized for further discussion on the amendment and nature of the substitute? Does the gentlelady from Illinois wish to be recognized? Gentlelady is recognized for five minutes.
Thank you, Mister Chairman, and thank you for your leadership. on this critical bill. The First Amendment is clear, the right to peaceably assemble and express free speech is fundamental. And yet, federally funded colleges and universities have repeatedly violated this right for religious student organizations. For example, the University of Houston had clearly This is the next one. Oh.
Oh, this, don't, don't, don't.
Oh, OK. OK, I'm waiting till the next bill.
The gentlelady yields.
OK, thank you.
Are there any other members who wish to speak on the amendment in the nature of a substitute? The gentleman from Virginia, Mister Scott, you wish to be recognized.
Yes.
You're recognized for five minutes.
Thank you, thank you. Mister Chairman, as I mentioned in my opening remarks, I came here ready to recommend a yes vote on HR twenty-five fifty-five. The students Right, if a student to join a private social organization, the their choice should not be impeded by an institution of um a higher education just because it's a sorority or a fraternity. I happen to belong to two fraternities, alpha phi alpha and sigma phi phi. Further, students should not be penalized for making similar choices. If a social organization is causing problems at a school, the school can and should deal with those problems on their face, but it shouldn't address a student or a student's uh organization's actions, not the simple fact that the members choose to associate with each other. This bill makes it clear that fraternities and sororities are not being given some sort of get-out-of-jail-free card, it simply can't be penalized, simply because they're single-sex organizations. Fraternities and sororities have long been part of co- the college experience and should not be arbitrarily uh uh create barriers in a way of students forming in what in some cases the most meaningful lifelong friendships they may have. Language substantially similar to HR twenty-five fifty-five has been included in both Democratic and Republican bills to reauthorize the Higher Education Act since at least twenty eighteen. It's been one of those things that most members agree on and have given its uh own up or down vote and like receive wide margins of support. However, in the last twenty-four hours before this mark-up, the majority that had known poison pill language in it, language that made no substantial improvements to the bill and turned just turned it into another culture war bill. Committee of Democrats will offer an amendment to strip this language from the bill and hope that we can move the bill forward that many people can support. Uh however if this amendment fails, I'll urge members to vote no. and um upon the amendment nature of the substitute and the bill. Yield back.
Gentlemen yields, are there any other members who wish to recognize in discussion of the amendment and the nature of the substitute? Seeing none, uh we will now move on to amendments. Are there any members who wish to offer an amendment on HR? Twenty twenty five. Does this gentleman from uh Virginia seek to offer an amendment?
Uh yes, if I would remember the desk, H R twenty five fifty five AM D O one.
The clerk will designate the bill. Now the amendment.
Amendment to the amendment in the nature of a substitute to H R two five five, offered by Mister Scott of Virginia, identifier Scott. underscore AMD underscore zero one.
There's a gentleman from Utah. Reserve a point of
Yes, I'd like the reserve portal, Rick.
point of order is reserved. I now recognize the gentleman from Virginia for five minutes in support of his amendment.
Thank you, Mr. Chairman. Mr. Chairman, I think the students should not be punished for choosing to join a fraternity or sorority. Either we want college students to have the freedom to associate with members they choose so we don't and there's no need to insert our politics into this debate and putting it over their desire to celebrate brotherhood or sister sisterhood as they see fit. This amendment would strike the desi- divisive poison pill language from the bill that many members on this side of the dais came here ready to support. If this amendment is defeated, the NS is adopted in its current form, I regret that I would not be able to support the bill. Uh, but hopefully this amendment will be adopted and we can proceed with almost unanimous support. You're back.
The gentleman yields. Uh, does the gentleman from Utah
I'd like to withdraw my reser- reservation.
Reservation is withdrawn. Does anyone else seek recognition on the amendment?
Mister Chairman, I would like to unanimous consent.
The gentleman from Virginia wished to - wishes to be recognized. For what purpose?
Unanimous consent. Do you - for the record?
For the record?
Yes. Like to uh have an article here from uh NBC News, uh seven sorority sisters at the University of Wyoming, Sioux Kappa Kappa Gamma, to challenge induction of transgender member. Like to have that as part of the record.
Without objection, it'll be Entered. Are there any other members who wish to speak in discussion on the amendment?
Well, Mister Chairman, uh, we wanna make we wanna make clear that when you
The gentleman from Virginia's recogni
recognize a gentleman from Virginia, there was a gentleman from North Carolina that introduced that um document.
I think it's now evident w We recognize that. Any others who wish to be recognized in discussion on the amendment? Gentleman from Virginia. Seeing none, the only thing I would say is that uh because of uh s- the inability for common sense and science to be followed, this legislation is in place and I oppose the amendment. The question is now on the amendment by the gentleman from Virginia. All in favor say aye. Aye. Aye. All opposed no. No. No. In the opinion of the chair, the noes have it and the amendment is not agreed to. A roll call vote is ordered pursuant to the chair's previous announcement. This vote will be postponed. Are there any further amendments to the amendment in the nature of a substitute to H R twenty five fifty five? There being no further amendments, the question now occurs on the amendment and the nature of a substitute to H R twenty five fifty five.
Nope. Nope.
Yeah, I think we have more than enough.
We'll do it on the amendment first.
Uh, I think we have to check the This one? Further action on H R twenty five fifty five is postponed. We'll now move to consider the next bill. The committee will now proceed to consideration of H R fifty five O five, four amendment. The bill was circulated in advance and printed copies are available. The clerk shall designate the bill.
H R five five zero five, a bill to amend the Higher Education Act of nineteen sixty-five to ensure campus access at public institutions of higher education for religious groups.
Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. I now recognize myself to offer an amendment in the nature of a substitute. I have amendment at the desk. The clerk shall designate the amendment in the nature of a substitute.
Amendment in the nature of a substitute to H R five five zero five, offered by Mister Wahlberg of Michigan, identifier MU five five zero five, ANS underscore zero one.
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize myself for five minutes to explain the amendment in the nature of a substitute. This amendment in the nature of a substitute makes a small technical change But I'd like to discuss the significance of the bill overall. We know that religious student groups often face unique challenges on college campuses. In our April hearing, we heard examples of how religious student organizations nationwide have lost benefits afforded to other organizations due to their religious beliefs and practices. Religious student groups have lost access to funding, lost access to university space, and been required to invite speakers opposed to their views. Yet no other student organizations were held to these same standards. That simply isn't right. My bill, equal access or equal campo- campus access act, requires public colleges and universities that receive federal student aid to treat religious student groups the same as any other student organization on campus. This would ensure that religious student organizations can receive the full benefits afforded to them regardless of their beliefs, practices, speech, leadership standards, or standards of conduct. It's incredibly important that Congress support students exercising their First Amendment rights on public college campuses. I urge my colleagues to support H. R. fifty-five O five, Equal Campus Access Act, and I yield Back. Are there any members who wish to be recognized for further discussion on the amendment in the nature of the substitute?
Do.
Uh, does the gentlelady from Georgia, Miss McBath, wish to be recognized?
Thank you, Mister Chair, I have an amendment at the desk, McBath underscore AM.
No, we're we're on discussion purposes at this point in time.
I'm
Oh, okay. Sorry.
Are there any who wish to the gentleman from California, for what purpose do you wish to be recognized?
Uh, Mr. Chairman, I move to strike the last word and rise in opposition to the bill.
You are recognized for five minutes.
Mr. Chairman, there are many pressing items that this committee sh could be focused on, uh, addressing today, like, uh, skyrocketing college costs, declining purchasing power of the Pell grants, or the student loan crisis. Instead, we are spending more committee time on another GOP ideological crusade.
Ready.
Colleges and universities have gone to great lengths to make campuses inclusive places where any student can participate in all aspects of student life, including in clubs and student organizations. These aspects of a student's life are foundational for for young people seeking out community professional networks and groups that make college feel less overwhelming and more accessible. officially recognized by the institution, they receive support and certain benefits from that recognition. And for that reason, nondiscrimination policies are in place to ensure that all students who are enrolled at that university can participate or seek leadership positions regardless of their status or beliefs. Equal access is one of the core foundations of the university educational system. This bill, however, seeks to create a major carve-out for that equal access. H. R. fifty-five O five would prohibit universities from denying religious student organizations' recognition and benefit because of their beliefs, practices, speech, or even or o- or other standards, even if those beliefs and practices include barring certain students from joining or removing them from membership. What's worse is that these officially recognized clubs and organizations are generally funded by all student fees. That means that students who wouldn't be welcome in these organizations would still be required to subsidize them. The Republican majority is attempting to erode nondiscrimination protections uh through death by a thousand cuts, or th- uh death through a thousand carve-outs is more is is more accurate. They are scraping away at the protections that allow students equal access to their campus and place to learn free from harassment and discrimination. Religious groups absolutely have a place on college campuses, but their right to be recognized by the institution does not override other students' rights to be free from discrimination. What type of message does this send to the student in the closet? who fears if they uh if they fully accept who they are, they will be cast out from the university recognized uh the for the for the university recognized religious student organization, they deeply care about. This legislation will tell that student uh to make an impossible choice, to conceal who they are in order to continue to participate and have access to their university funded religious student organization. There's no way to live. And for some students, concealing who they are may not even be an option. For this text, religious student organizations would have the right to discriminate on, uh, uh, to discriminate based on race, disability, or any characteristic, and still receive official institutional recognition, resources, including funding, and other benefits. Nondiscrimination policies ensure all students have an opportunity to continue to worship and practice as they see fit. Conditioning federal funds on a university violating nondiscrimination policies and practices does nothing to help students, including those in religious student organizations. We are facing a national affordability and access crisis in higher education. I would rather that the committee would focus on that. I urge my colleagues to vote no on HR fifty-five O five, and I yield back.
The gentleman yields. This is the general lady from Illinois. We should be recognized.
Yes, thank you, Mister Chairman, and thank you for your leadership on this critical bill. The First Amendment is clear. The right to peaceably assemble and express free speech is fundamental. And yet, federally funded colleges and universities have repeatedly violated this right for religious student organizations. For example, the University of Houston at Clear Lake barred a Christian student organization from officially organizing leaving the students unable to reserve campus space, invite speakers, or access school funding. The First Amendment is not optional regardless of whether or not the university agrees with the group. It protects the right of any person to speak and peaceably protest in a public place. Religious student groups should be treated like any other student organization when it comes to accessing the benefits provided to official student organizations. The Equal Campus Access Act does exactly that. It prohibits federally funded institutions of higher education from denying a religious student organization any right, benefit, or privilege afforded to other student organizations. As we've seen intolerance rise on college campuses, it's critical that Congress steps up to protect students who are attempting to exercise their First Amendment rights. I urge my colleagues to support the Equal Campus Access Act to protect the rights of students in religious student organizations. Thank you, Mr. Chairman, and I yield back.
Gentlelady yields. Are there any any other members who wish to be recognized for further discussion on the amendment in nature of a substitute? I recognize the gentleman for Virginia, the ranking member, for the purpose of the discussion.
Thank you, Mr. Chairman. Mr. Chairman, the Equal Camp- the Equal Campus Act, Access Act prohibits funding under the Higher Education Act to public colleges and universities that refuse to recognize or provide benefits to religious student organizations because of the organization's religious beliefs, practices, speech, leadership standards, or standards of conduct. But the act does not in fact provide equal campus access, but instead gives preferential treatment. to religious student organizations to preempt any number of institutional policies, including nondiscrimination policies that otherwise apply to every other student organization. Public colleges and universities must comply with First Amendment protections related to speech, religion, and association, including as they apply to religious o- student organizations. Student groups contribute to the full measure of the college experience, providing students with added social and academic benefits. The opportunity for students to join to both join and lead student groups is an essential part of that experience. Many colleges and universities have nondiscrimination policies, and some have all-comer policies which require recognized student groups to not discriminate against students seeking to join or lead the group. These policies prevent student groups, many of which are funded by student activity fees paid for by all students, from discriminating against uh students, including LGBTQ plus students. These policies treat religious student groups the same as all other student groups. Organizations of all stripes can become recognized groups to access funds and other benefits provided they adhere to school's policy including any nondiscrimination policy. All students deserve access to join and lead student groups free from discrimination. This committee should be working to end discrimination, not making it easier to discriminate against our students. It's important to understand the backdrop into which we're considering this legislation. The bill adds yet another requirement that a now dysfunctional Department of Education would be responsible for administering when it is not even meeting its responsibilities to address claims by students facing discrimination under federal civil rights laws already. Just two months ago we learned from the Senate Help Democratic Staff report that the Office of Civil Rights reached its lower number of resolution agreements in twelve years, resolving just one percent of pending cases. On Tuesday, a report from the Office of Inspector General of the Department of Education found that the staffing cuts in the department were so deep that the agency eliminated offices that were perform that performed statutory functions as well as conducted oversight and monitoring of programs. Worse still, we do not have a full picture of the dysfunction at the department because it refuses to comply with reasonable requests to to assess its changes such as one reported by the Department of Education's Office of Inspector General. Yet we continue to mark up legislation like this one which adds yet another requirement to our educational laws with potentially with potentially no one at the department This bill undermines the rights of our students and fails to address the underlying deficiencies that the Department of Education caused by this administration so I urge my colleagues to oppose the uh amendment nature of the substitute and the underlying bill.
This is gentleman Yield.
Go back.
Gentlemen Yields, are there any other members who wish to be recognized for purpose of discussion of the na- of the bill amendment in nature of substitute? There'll be no further discussion on the amendment and nature of substitute's committee will move to consideration of amendments. Are there any members who would like to offer amendments? I recognize a gentlelady from Georgia, Miss McBath, for the purpose of the amendment.
Thank you, Mr. Chair. I have an amendment at the desk. It it is um Let's see.
Will the clerk will designate the amendment?
Before me.
Amendment to the amendment in the nature of a substitute to H R five five zero five, offered by Miss Macbath of Georgia, identifier Macbath underscore AMD underscore zero one.
Reserve point of order.
Point of order is reserved. I now recognize the gentlelady from Georgia, Miss Macbath, for five minutes in support of her amendment.
Thank you, Mr. Chair. Uh, this amendment would close a loophole in the bill that could be used to allow members of student organizations to discriminate against students and excuse deadly hazing incidents. One of the things I am most proud of during my time here in Congress was getting the Stop Campus Hazing Act signed into law. It's taken several years to do that, but I didn't do that alone. It was the result of years of work from families whose children were killed, and a bipartisan coalition of members both on and off this committee coming together to get that done. As written, the bill would prohibit HEA funding to public colleges and universities, that refused to recognize or provide benefits to students - to student religious groups because of the group's standards of conduct. It would create blanket immunity for students in certain groups, exempting them from standards of con- conduct, making it possible for people to avoid being held accountable for specific conduct, conduct like collegiate hazing that results in death or serious inquiry. Injury, excuse me. No student should be held liable solely for being a part of a student group, and I think that we all agree upon that matter. But the conduct of a student, the actions they personally choose to take on campus, that is what people need to be held accountable for. Families who have had loved ones killed, they need accountability. And I know that feeling all too well. When people are killed or they're disabled, and when law enforcement is involved, the stakes completely change. The people responsible for these crimes will do and say just about anything to avoid being held accountable. I experienced that myself when my own son was murdered and I hear about it over and over again from the families who have not only lost their child, but now have to go through the multi-year process of a court case. We cannot allow people to escape justice with blanket immunity. like this. I am a woman of very deep faith, and I understand wanting religious organizations to be welcomed on campus, and they should. But that doesn't mean that we should provide blanket immunity for students for their specific conduct. Regardless of how you plan to vote on this underlying bill today, I encourage my colleagues to adopt this amendment to make sure that this legislation won't undermine an important bipartisan achievement of this committee that we've already done, a bill that saves lives. And I yield.
The gentlelady yields. Does the gentleman
I w- I withdraw my reservation.
Point of order is with withdrawn. Does anyone seek recognition on the amendment? I oppose the amendment. The question now is on the amendment by the gentlelady from Georgia. All in favor say aye. All opposed, no. No.
No.
In the opinion of the chair, the noes have it, the amendment is not agreed to.
We won't. We won't.
A roll call vote is ordered. Pursuant to the chair's previous announcement, this vote will be postponed. Are there any further amendments to the amendment in the nature of a substitute to H R fifty-five O five?
Yes, Mr. Chairman.
Uh the gentlelady from Oregon, do you wish to be recognized for amendment?
Yes, I have an amendment at the desk.
The clerk will uh will report the amendment.
Thank you.
Amendment to the amendment in the nature of a substitute to H R five five zero five, offered by Miss Bonamici of Oregon, identifier Bonamici underscore AMD underscore zero three.
This gentleman,
I reserve point of order.
point of order is reserved. I now recognize uh the gentlelady from Oregon, and respond to me chief for five minutes in support of her amendment.
Uh, thank you, Mr. Chairman. Mr. Chairman, HR five five zero five adds a requirement to the Higher Education Act, which normally would be enforced by the Department of Education. In fact, the bill actually says in its text the enforcement uh shall be carried out by the Secretary of Education at the Department of Education. Uh, first of all, I wanna align myself with the comments of ranking members Scott and Mister Tocano but regardless of the merits of this policy, this committee cannot ignore the fact that the secretary has spent the last year or so dismantling the department through illegal transfers of power that undermine the laws this body has written, delegating those powers to the Department of Education. Words matter. If my friends on the other side of the aisle wanted the department of Labor or the Department of Justice or any other federal agency to handle the enforcement of campus access for religious groups they could have drafted this bill to reflect that but they did not so to make sure the secretary follows what Congress has intended in this bill my amendment makes a clear statement that would prohibit the secretary from delegating the power to enforce campus access for religious student organizations in this bill to any other federal agency My amendment refle reaffirms the intention of Congress that the Department of Education is the federal agency vested with the responsibility to enforce its provision. It says so right in the bill. We must be clear. We expect the Department of Education to do this work, and we will not authorize more power to the secretary unless the language reflects that expectation. The recent release this week of the Department of Education's Office of Inspector General report only underscores the need to rein in the powers of this To quote from a Political Pro article, staffing cuts at the Education Department were so deep that the agency eliminated offices that may have been responsible for tasks required by law, the department's watchdog said in a report on Tuesday. And the department's failure to fully comply with OIG's requests for information to fulfill its inquiry means that this Congress and the Committee of Jurisdiction do not have a true picture of what is left of the Department of Education. We have no idea whether they are currently able to meet the obligations required by federal statute this bill would add more requirements. So only two months ago the Senate Help Committee Democratic staff released a report that the unprecedented cuts to the Office for Civil Rights have had devastating results. OCR has reached seventy-eight percent fewer resolution agreements overall compared to the previous year, the lowest rate in more than a decade. Secretary McMahon's failure to follow the law, her failure to comply with oversight requests by OIG and GAO, her failure to meet the department's statutory functions to serve students, teachers and schools are all emblematic of her failed leadership at the department. I urge that we do not make things worse by giving the department of uh uh education unclear instructions when they're trying to shut it down I we must
Generally yields. Does the gentleman withdraw his reservation?
I withdraw my reservation.
Reservation is withdrawn. Does anyone else seek recognition on the amendment? I recognize myself in opposition to amendment. It's not necessary. It provides no additional support that would be necessary to carry out uh the proposals in this bill. Having said that, uh seeing no um further are there are are uh uh the question is now an amendment by the gentlelady from Oregon. All in favor say aye. All opposed no. No.
No.
In the opinion of the chair, the no's have it, an amendment is not agreed to.
These are record rule.
Are there any further amendments to the amendment in nature of substitute to H R fifty-five O five?
Sure, a minute.
Uh, does a gentleman from Virginia seek to be recognized?
Have unanimous consent request to enter into the record or letter from uh about two dozen uh civil rights and religious organizations. It says in part The bill would actually force public institutions of higher education to allow clubs to discriminate. Public colleges and universities will lose federal funding under the Higher Education Act, unless they exempt religious student groups from non-discrimination rules that apply to all other student groups. Schools should have schools would have to give funding and not recognition to a religious student group that turned away a student who was gay or a single mother. This is wrong. Discrimination has no place in our public university.
Without objection, the letters will be entered. Are there any other amendments that wish to be offered? Further action on H R fifty-five O five is postponed, will now move to consideration of the next bill. The committee will now proceed to consideration of Bill H R twenty three thirty two for amendment. The bill was circulated in advance and printed copies are available. The clerk shall designate the bill.
H R two three three two, a bill to authorize the use of Federal Bureau of Investigation Criminal History Record information for administration of certain licenses.
Without objection, the first reading of the bill is dispensed with. Without without objection, the bill will be considered as read and open for amendment at any point. And any amendment offered shall be considered as read. Does anyone seek to be recognized? Mister Owens, for what purpose do you seek to be recognized?
Um, thank you, Mister Chairman. Uh Thank you, Mister Chairman. Go ahead. Oh, I have a, I have, I'm sorry, I have amendment under this.
The clerk will designate the amendment.
Amendment in the nature of a substitute to HR two three three two. two three three two offered by Mister Owens of Utah identifier MU two three three two ANS underscore zero two
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mister Owens for five minutes to explain the amendment in the nature of a substitute.
Thank you, Mister Chairman. Proud to support H. R. twenty-three thirty-two States Handling Access to Recre- Reciprocity for Employment or Share Act. Across the country, states have voluntarily entered into interstate licensure compacts to help qualified workers practice across state lines while maintaining state oversight and public safety protections. These compacts have become an increasingly important tool for addressing the workforce uh workforce shortages, expanding access to services in health care, counseling and other licensed professions. However, many interstate licensure compacts require participating um uh state licensing authorities to conduct criminal background checks before granting compact privileges. Due to ambig ambiguity in existing federal law, some state's licensing authorities have have faced challenges obtaining the criminal history information necessary to determine eligibility for a compact pers- to pers- participation the Share Act addresses this issue by clarifying their authority to uh access that information for compact purposes. By ensuring states can continue implementing these compacts as intended, this legislation helps qualified professionals work where they are needed most, expands access to critical services, and preserves the authority of states to establish and enforce their own occupational licensing standards. My amendment in the nature of a substitute makes technical uh correction to the bill and does not change the underlying policy. uh, or general purposes of the legislation. The Share Act is a common sense measure that supports state-led, uh, solutions to workforce shortage shortages, uh, reduces unnecessary barriers to un- to employment and and strengthens the effectiveness of interstate occupational, uh, compacts. I urge my colleagues to support HR thr- uh, twenty-three, thirty-two, the Share Act, and I yield back.
Gentlemen yields, are there any other members who wish to be recognized for further
Mr. Chairman.
General Lady from uh from North Carolina, she wished to be recognized.
Thank you, Mr. Chairman, I'm going to strike last where it's going to go.
Recognized for five minutes.
Thank you, Mr. Chairman, um, as we all are aware, our country faces a health care provider shortage and our rural communities are almost impacted. Over ninety percent of rural counties are designated as primary care health professional shortage areas. Nearly forty percent of residents have reported using emergency department care that could have been handled in a primary care setting. The average ratio in rural areas is one physician per two thousand eight hundred eighty-one residents. This situation is i- is already unacceptable, and it's only, uh, ge- going to get worse in - in the next decade. The Association of American Medical Colleges' twenty-twenty-four report found that our country will face a physician shortage of up to eighty-six thousand physicians by twenty thirty-six. According to Hercia, by twenty thirty-eight, uh non-metro areas will experience a fifty-eight percent shortage of physicians. I- it is urgent that Congress exhaust all options to improve patient access to health care providers. The Share Act would improve the effectiveness of occupational licensure, interstate, compacts, an important component in this accessibility uh crisis. Medical interstate compacts reduce the administrative burden for medical professionals interested in practicing in in other states. It makes the process for out of state health professionals more streamlined and reduces administrative burden. However, it is currently uh way too difficult for employers to gain access to criminal history record information when they are hiring and onboarding new health care workers from across state lines. This bill would allow the FBI to share background checks across state lines and and expedite the licensure process for providing uh for for for for providers in states participating in interstate compacts. While this would apply to all occupational licensure interstate compacts, This change is especially relevant to the health care field. Seventeen of the twenty-one compacts are are for health care professionals. North Carolina is one of the most recent states to join in participation in the interstate medical licensure compact at the start of this year. Forty-three states in Washington, D. C. and Guam currently participate, with North Carolina having the second largest rural population in the country, This is especially helpful for our state in gaining new providers in our rural communities. We in Congress must do everything that we can do to make this mechanism as effective as possible. When we talk about how to increase recruitment of new talent in rural and underserved areas, this has to be a part of the conversation. For that reason, uh, Mister Chairman, I I urge my colleagues to vote yes uh on this bill and and I yield back.
I thank the gentlelady. Are there any other members who wish to be recognized for further discussion on the amendment in the nature of a substitute? The gentleman from Virginia, the ranking member?
Mr. Chairman,
Recognized?
I ask I ask you now to present another statement and another record.
Um, without objection, the statement will be entered. Are there any other members who wish to discuss the amendment in the nature of a substitute? There being no further discussion on the amendment in the nature of a substitute, The committee will move to consideration of amendment of amendments. Are there any members who would like to offer amendments? There being no amendments, the question now occurs on the amendment in the nature of a substitute to HR twenty three thirty two. All in favor say aye. Aye. All opposed, no. In the opinion of the chair, the ayes have it, and amendment in the nature of a substitute is agreed to. We'll now move to consider the next bill. The committee will now proceed to consideration of Bill HR forty-one, twenty-two for amendment. The bill was circulated in advance and printed copies are available. The clerk shall designate the bill. H R four one two two, a bill to permit nurse practitioners and physician assistants to furnish necessary services appliances and supplies to individuals receiving medical benefits for illnesses without objection the first reading of the bill is dispensed with without objection the bill will be considered as read and open for amendment at any point and any amendment offered shall be considered as read does anyone seek to be recognized mister alan uh for what purpose do you seek recognition
Chairman, I have an amendment at the desk.
The clerk shall designate the amendment in the nature of a substitute.
Amendment in the nature of a substitute to H R forty-one, twenty-two, offered by Mister Allen of Georgia, identifier four one two two underscore A N S.
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mister Allen for five minutes to explain the amendment in the nature of a substitute.
Thank you, Mr. Chairman. I introduce H. R. forty-one twenty-two along with my colleague from Georgia, Mrs. McBeth. This bill amends the Energy Employees' Occupational Ill- Illness Compensation Program Act to allow nurse practitioners and physicians' assistants to order care for patients eligible under the energy workers' program within their scope of practice under state law. Under the Energy Employees' Occupational Illness Compensation Program Act, Department of Energy contractors and subcontractors, as well as uranium miners, millers, and ore transporters, as well as the survivors of these workers can receive compensation for certain occupation occupational ill illnesses that are linked to the work environments through the Energy Workers Program. Under current law, only physicians may order care for eligible program patients. Unfortunately, in many parts across many parts across the country, Where these DOE sites are located, particularly in rural areas, workers can experience long delays in receiving essential health care services. This physicians-only policy also conflicts with centers of Medicare and Medicaid services and the Department of Veterans Affairs guidelines, which allow NPs and PAs to order care without their scope of practice. HR forty-one twenty-two helps address these delays and aligns the program with CMS and VA policies. This bill also requires MPs and PAs to act within their scope of practice under state law. These providers play a significant role in America's health care system, and it's time that they play a greater role in the energy workers program. H R forty-one twenty-two mirrors the policy in H R thirty-one seventy, improving workers' compensation for injured federal in workers' act, which Chairman Wahlberg and Representative Courtney introduced, uh H R thirty-one seventy would allow MPs and PAs to order care for workers under
The gentleman yields. Are there any members who wish to be recognized for further discussion on the amendment in the nature of a substitute?
Mm. Mm.
I recognize the gentlelady from Oregon.
Thank you, Mister Chairman, I move to strike the last word and speak in favor of the amendment and the nature of the substitute.
You're recognized for five minutes.
Thank you. Uh, I support the Health Care for Energy Workers Act as a necessary step to increase access to care for the hundreds of thousands of Americans who were exposed to dangerous toxins while working on our country's nuclear weapons program, and I thank my colleagues on both sides of the aisle for introducing this bill. The bill will allow nurse practitioners and physicians' assistants to order care current and former workers under the Energy Employees' Occupational Illness Compensation program. Nurse practitioners and physician assistants provide a vast range of quality care but their ability to serve patients is often unfairly constrained by outdated restrictions. This bill will remove barriers and allow these essential health care providers to care for more patients which will improve care and reduce costs. This bill aligns with the current state policies that already allow NPs and employees to serve patients.
The gentlelady yields.
Mm.
Are there any other members who wish to recognize
Thank you, thank you, Mr. Chairman.
Mm.
Uh, the bill simply allows beneficiaries under the energy workers' program to receive services from nurse practitioners and physician's assistants if the state allows them to work independently. Bears repeating that this bill would not change the state's scope of practice laws in any way it's the same uh change we've made in other programs and I wanna thank
The gentleman yields back. Are there any other members who wish to be recognized? Seeing none,
Okay.
there being no further discussion on the amendment in the nature of substitute, then Kenny will will move to consideration of amendments. Are there any members who would like to offer amendments? There being no amendments, the question now occurs on the amendment in the nature of a substitute to H R forty-one, twenty-two. All in favor say aye. Aye. All opposed, no. In the opinion of the chair, the ayes have it. And the amendment in the nature of a substitute is agreed to. We'll now move to consider the next bill. The committee will now proceed to consideration of Bill HR f eighty eight twenty-two for amendment. We will go to a short recess. A momentary recess. I'll proceed, come to order again, and will now proceed to consideration of the b- of the Bill HR eighty-eight, twenty-two. For amendment, the bill was circulated in advance and printed copies are available. The clerk shall designate the bill.
H R eight eight two two, a bill to amend the Federal Employees' Compensation Act to permit the Secretary of Labor to obtain certain information relating to earnings and employment.
Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. Does anyone seek to be recognized? Mr. McKenzie, for what purpose do you seek to be recognized?
I have an amendment at the desk.
The clerk shall designate the amendment in nature of a substitute.
Amendment in the nature of a substitute to H R eight eight two two, offered by Mister McKenzie of Pennsylvania, identifier eight eight two two underscore A N S.
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mister McKenzie for five minutes to explain the amendment in the nature of a substitute.
Thank you, Mister Chairman, H R eighty-eight twenty-two amends the Federal Employees Compensation Act also known as FICA, to permit the Secretary of Labor to obtain earnings and employment information from the Social Security Administration and the Department of Health and Human Services or HHS related to the FICA program beneficiaries for the purpose of preventing fraud. I would like to thank the gentlewoman from Minnesota and the ranking member of the Subcommittee, Ms. Omar, for cosponsoring this bill with me. For a hundred and ten years, the FICA program has been a critical resource for federal employees who are injured or become ill on the job. The FICA program provides benefits to approximately two point six million federal civilian employees, postal workers, and Peace Corps volunteers. The last meaningful changes to this program were made more than fifty years ago. Today, we have an opportunity to strengthen the program by prioritizing patients, improving program integrity, and delivering much-needed medical care more efficiently. The Workplace Protection Subcommittee has held two hearings on federal workers' compensation programs which produced recommendations to improve FICA. In May, twenty twenty-five, the subcommittee heard from DOL's Acting Inspector General, who recommended strengthening information sharing efforts among DOL, HHS, and the Social Security Administration. Doing so would help DOL identify claimants who may be accepting FICA disability payments while failing to report income that they have earned elsewhere. The Government Accountability Office has also made this same recommendation. Resources intended to support injured workers should go to the workers who need them. As the Acting Inspector General testified, OWCP is currently limited in their ability to determine which claimants are receiving outside income. H. R. eighty-eight twenty-two addresses that problem and helps strengthen the FICA program for the workers it is intended to serve. The amendment in the nature of a substitute makes technical changes to the bill, and I urge its adoption. With that, I yield back.
The gentleman yields. Are there any members who wish to be recognized for further discussion? This is Jen Lee from Minnesota. Wish to be recognized.
Yes.
You're recognized for five minutes.
Chairman, I move to strike the last word.
You're recognized for five minutes.
I want to thank um chairs Welberk and McKenzie for their work uh on H R eight eight twenty two. I am proud to co-lead the federal Workers' Compensation Integrity and Care Act. When federal workers are injured on the job, they end up navigating a very complicated landscape. They might be receiving wage loss compensation through FICA while also being eligible for SSDI benefits. Those two programs have overlapping rules and requirements, and for far too long the agencies administering them have been operating without enough data to get payments right in real time. The lack of inter-agency data sharing has led to excessive administrative burdens for beneficiaries. This is what happens. Injured federal workers will receive their workers' compensation and disability payments and end up using that money to pay for medical care and to support their families while they recover and then sometimes months later even years later, workers will receive a notice telling them that they were overpaid and have to pay back the government. These workers are not committing fraud, they are simply spending the payments they received. I am proud to support this bill, which fixes this issue by giving OWCP, SSI, and HHS the clear authority to share earnings and benefit data so that payment calculations happen automatically and accurately from the start. Federal workers will get what they are owed and their plan and they can plan their lives accordingly. When we work towards improving program delivery, we are not only saving taxpayer dollars, but we are also making sure the federal workers who serve our communities every day are quickly receiving the benefits they need. I urge my colleagues to vote for this bill. Thank you, and I yield back.
The gentlelady yields. Are there any other members who wish to be recognized for further discussion on the ANS? There being no further discussion on the amendment and the nature of a substitute, the committee will move to consideration of amendments. Are there any members who would like to offer amendments? There being no amendments, the question now occurs on the amendment in the nature of a substitute to H R eighty-eight, twenty-two. All in favor say aye.
Aye.
Aye. All opposed, no. In the opinion of the chair, the ayes have it, and the amendment in the nature of a substitute is agreed to. We'll now move to consider the next bill. The Committee will now proceed to consideration of Bill H. R. eighty-eight twenty-three for amendment. The bill was circulated in advance and printed copies are available. The clerk shall designate the bill.
H R eight eight two three, a bill to amend the Federal Employees' Compensation Act to allow the Secretary of Labor to suspend payments to medical providers who have been convicted of fraud.
Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. Does anyone seek to be recognized? Mr. McKenzie, for what purpose do you seek to be recognized?
I have an amendment at the desk.
The clerk shall designate the amendment in the nature of a substitute.
Amendment in the nature of a substitute to H R eight eight two three, offered by Mister McKenzie of Pennsylvania, identifier eight eight two three underscore A N S.
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mr. McKenzie for five minutes to explain the amendment in the nature of a substitute.
Thank you, Mister Chairman, H R eighty-eight twenty-three amends the Federal Employees Compensation Act also known as FICA to allow the Department of Labor to suspend payments to medical care providers who have been convicted of fraud with respect to the program. I thank the gentlewoman for Min- from Minnesota, Ms. Omar, for cosponsoring this bill. Each year, the FICA program provides benefits to hundreds of thousands of injured federal workers and we know that the program serves these workers best when it runs efficiently, and with strong safeguards against fraud. That's why it's essential that when we strengthen accountability and ensure taxpayer dollars are used to deliver the much-needed care, they are not wasted on medical providers who are trying to game the system. When a provider is convicted of fraud, the Department of Labor, or DOL, should have clear authority to stop them from receiving taxpayer dollars. During the Workforce Protection Subcommittee hearing in May of twenty twenty-five, we heard testimony about fraud schemes that cost taxpayers hundreds of millions of dollars, money that could have gone towards providing quality care to our federal workers. Currently, DOL spend payments to medical care providers who are convicted of fraudulent activities, but this is necessary to protect both injured workers and taxpayers who fund the program. However, regulations can be revised or rescinded by future administrations. That's why the policy should be explicitly included in the statute, and that is what H. R. eighty-eight twenty-three does. This bipartisan bill is also consistent with existing FICA provisions that allow for the sp- suspension or denial of payments to those who are convicted of fraud. H. R. eighty-eight twenty-three does not aim to restrict access to medical care for injured federal employees. Instead, this bill helps ensure care is delivered to providers who meet basic standards of professional and ethical conduct. The amendment in the nature of a substitute makes a technical change to the bill, and I urge its adoption. With that, I yield back.
The gentleman yields. Are there any members who wish to be recognized for further discussion?
Thank you.
I recognize gentleman for Virginia, the ranking member.
Thank you, Mr. Chairman. Um, my rights in support of the ANS, uh providers are at greatest s- providers are the greatest source of fraud in the FICA program. For example, during this committee's oversight on the opioid opioid crisis, we learned about corrupt compounding pharmacies. They were crushing up pills and putting them into creams, even though the medicines in those pills were not absorbed through the skin. And then a fifteen ounce tube of this useless cream got charged to the FICA program for fifteen thousand dollars. Existing rules allow the Department of Labor to strike a provider from the list of eligible providers in the FICA program when they are convicted of criminal fraud for any public health program but those rules n- rules don't enable the department to stop payment on any pending claims that are that a convicted provider has already submitted prior to the conviction. That would amou- that could amount to millions of dollars in claims with a high risk of fraud moving through the system. There are of course due process issues that could arise, but this bill already contemplate contemplates those by empowering the Department of Labor to develop appropriate rules for implementing the new new authority. And it's, we have to restate that these are convictions, those are criminal convictions, not uh disputes over billing disputes, these are criminal convictions. Um, all in all, the bill closes an important uh gap and protects uh taxpayers. I wanna thank the gentlemen from Pennsylvania, Mister McKenzie, and the General Lady from Minnesota, Miss Omar, for their work on this um on this issue. I urge my colleagues to support the bill and yield back.
The gentlemen yield. Gentlemen yields, are there any members who wish to be recognized for further discussion on the the amendment in nature of a substitute? There being no further discussion on the amendment and nature of a substitute the committee will move to consideration of amendments. Are there any members who wish to offer amendments? There being no amendments, the question now occurs on the amendment and the nature of a substitute to HRA eight twenty-three. All in favor say aye. Aye. All opposed, no. In the opinion of the chair, the ayes have it, an amendment and a nature of a substitute
H R nine three eight one, H R nine three eight one, a bill to direct the Bureau of Labor Statistics a bill to direct the Bureau of Labor Statistics to report on the usage of artificial intelligence in the workplace.
Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. I now recognize myself to offer an amendment in the nature of a substitute. I have an amendment at the desk. The clerk shall designate the amendment in the nature of a substitute.
Amendment in the nature of a substitute to H. R. nine three eight one offered by Mister Wahlberg of Michigan identifier nine three eight one underscore A N S underscore zero one.
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment and the nature of substitute has already been distributed. I now recognize myself for five minutes to explain the amendment and the nature of a substitute. My bill HR ninety-three eighty-one directs the Bureau of Labor Statistics, BLS. to incorporate questions related to workplace artificial intelligence, adoption in into existing surveys. It also requires BLS to begin incorporating these questions within eighteen months of enactment. BLS is the federal government's principal agency for collecting labor market and workplace data. Through a variety of monthly, quarterly, annual, and multi-year surveys, BLS has played an important role for more than a century in helping policymakers understand how industrial advances and technological innovations affect the nation's workplaces. AI in the workplace is the next technological frontier. The BLS must continue to play its vital role in helping us understand the impact of this technology. We're already seeing AI's adoption in our workplaces. But we should not rush to pass sweeping laws when we lack crucial information. H R ninety-three eighty-one is not prescriptive and does not dictate specific questions for BLS to incorporate into its surveys nor does the bill specify surveys in which these questions must be added. Instead, the bill relies on the expertise of BLS and the Department of Labor to determine the most effective questions and the best surveys in which to incorporate them. The eighteen-month time-lime gives BLS sufficient time to create questions and determine the best surveys in which to incorporate them. Throughout this committee's Building on AI Ready America hearing series, witnesses and members have stated that it is critical for us to strengthen data gathering so that we can better c- uh uh i- identify trends, opportunities and potential disruptions related to AI in the workplace. Better information will help policymakers, educators, and end-user employers make informed decisions about workforce development, job training, and skills development. There is a balance we can strike with policies that benefit workers without hampering innovation, and without America losing its edge in the AI race. And H.R. ninety-three eighty-one can play a critical role in achieving that goal. The amendment in the nature of a substitute makes technical changes to the bill, and I urge my colleagues to support the ANS and the underlying bill with that IEO back. Are there any members who wish to be recognized for further discussion on the amendment in the nature of a substitute? The gentleman from Virginia, Mister Scott, who wish to be recognized.
Yes.
You're recognized for five minutes.
Thank you, Mister Chairman, Mister Chairman, the Bureau of Labor Statistics of BLS is charged with, and I quote, producing objective quality measures and analyses of labor market activity, working conditions, price changes, and productivity of the US economy to support public and private decision making, unquote. Unfortunately, tight budgets have stymied attempts to modernize the BLS's data products and surveys in recent years. As recently as fiscal year twenty twenty five, BLS requ- required an increase in funding simply to maintain the current population survey sample and begin to take steps towards modernization plans that are already more than a decade old. And BLS has never restarted several data series which had to be cut due to sequestration in twenty twen- in twenty thirteen. including the elimination of the mass layoff statistics program, which crucially provided, and I quote, "information that identifies, describes and tracks the effects of major job cutbacks in the economy." This is information very relevant to today's conversation. Nevertheless, the BLS maintains an irreplaceable source of information about health of the uh labor market wages prices, and industry trends. Uh, this bill, the Workforce Assessment and Research Enhancement Act, uh, would amend the Department of Labor's, um, organic statute to require BLS to com- to collect information on issues of artificial intelligence among businesses in a way Excuse me. in a way that, um, is on par with BLS's collection of wage and employment information. However, the bill does not authorize any funding to conduct this work. The risk of redirecting the existing data resources seemed doubly reckless given the Department of Commerce is already collecting statistics on the use of a variety of technologies used by employers, for example the Business Trends and Outlook surveys or BTOS administered and published by the Census Department collects the information on AI amongst employers. Uh that um uh survey fields questions to approximately one point two million businesses each year asking them to report information on a staggered rolling basis every twelve weeks over the course of a year as a result data collection occurs every two weeks, providing for near real-time estimates. The survey asked businesses about their current and future proj projected use of ai and results uh broken down by state sector and firm size. Separately the census bureau's um annual s business survey the abs has historically been used to un to understand business trends in applications of new technologies allowing for ongoing analysis that can adapt to to look at new technologies as they arise only time will tell how ai and other future technologies will be deployed but existing data resources, when sufficiently funded, w- and are well-suited to continue to meet the demand for more information. Resource researchers have more than enough data to continue to monitor technology uh use among firms alongside of trends in employment. This bill would duplicate efforts and significantly draw resources away from other BLS products, and so I urge my colleagues to oppose the bill. And you'll back the balance of my time.
The gentleman yields. Are there any members who wish to be recognized for further discussion on the amendment in the nature of a substitute? There being no further discussion on the amendment in the nature of a substitute, the committee will move to consideration of amendments. Are there any members who would like to offer amendments? There being no amendments, the question now occurs on the amendment and the nature of a substitute to H R ninety three eighty one. All in favor say aye. Aye. All opposed no.
No.
In the opinion of the chair, the ayes have it, an amendment and the nature of a substitute is agreed to. We'll now move to consider the next bill.
Oh, my goodness.
In light of the fact that the votes have now been called and there's one vote, we would ask that uh we would recess and come back at one thirty to resume our mark-up. Having said that, we stand in recess. Let's do it. Is that the one? Yeah. We're just already at it. The committee will again come to order. Uh, the committee will now proceed to consideration of Bill H R ninety-two twenty-eight, for amendment. The bill was circulated in advance and printed copies are available. The clerk shall designate the bill.
H R nine two two eight, a bill to amend the Employee Retirement Income Security Act, of nineteen seventy-four to ensure planned fiduciaries have access to de-identified information relating to health claims and for other purposes.
Without objection, the first reading of the bill is dispensed with. Without objection, the bill will be considered as read and open for amendment at any point, and any amendment offered shall be considered as read. Does anyone seek to be recognized? Mister Under, for what purpose do you seek recognition?
Mister Chairman, I have an amendment at the desk.
The clerk shall designate the amendment in the nature of a substitute.
Amendment in the nature of a substitute to H R nine two two eight, offered by Mister Onder of Missouri, identifier Onder underscore zero three zero.
Without objection, the amendment shall be considered original text for purposes of further amendment. The amendment in the nature of a substitute has already been distributed. I now recognize Mister Onder for five minutes to explain the amendment in the nature of a substitute.
Thank you, Mister Chairman. Today we are considering H R nine two two eight Health Data Access Transparency and Affordability Act. Uh, this legislation is based on a simple principle. Employer-sponsored health plans should have access to the information they need to oversee the health plans they sponsor, so workers and their families are receiving high-quality affordable care. Employer-sponsored health plans provide health care coverage for over th- a hundred thirty-five, million Americans. The employers sponsoring these plans and the fiduciaries res- and the res- fiduciaries responsible for overseeing them rely on network service providers, including third-party administrators, pharmacy benefit managers, insurers, and other vendors to r- to perform critical administrative functions. Planned fiduciaries must have access to information in order to effectively oversee those service providers and evaluate whether planned participants are receiving high-quality benefits at a reasonable cost. Unfortunately, some service providers continue to restrict access to claims information, audit rights, payment methodology methodologies, administrative fees, and other data needed to oversee plan operations and evaluate performance. In these cases, employers and plan fiduciaries face significant barriers to obtaining basic information about benefits they are paying for. These barriers prevent oversight, necessary to plan evaluate plan performance, identify waste, improper payments and ensure participants receive value from the benefits offered through the plan. This lack of transparency is currently costing American employers and workers billions of dollars in hidden fees and inflated costs. Look no further than the lawsuit filed by Kraft Heinz ver- against its insurance carrier. Kraft Heinz discovered that its administrator was providing only edited data reports while blocking access to the raw medical claims. Why? Because the carrier was using its market power to negotiate lower prices from from doctors, but not passing those savings back to the employer and its workers. Instead, it was pocketing the difference. They hid the spread and they used data suppression as a shield to get away with it. We see similar behavior in prescription drug pricing. Employers face excessive costs because they cannot audit what they are actually being charged. In a recent federal lawsuit involving Johnson and Johnson, it was revealed that because of a lack of transparency, a corporate health plan paid over ten thousand dollars for a ninety-day prescription of a common generic drug. The actual retail cash price for that same drug at a community pharmacy is about twenty-eight dollars. That is a thirty-six thousand percent markup past straight onto the health plan, hidden entirely behind a wall of proprietary secrecy. Bringing these prices into li- to into the light is the right thing to do for patients, and it is the right thing to do for small business and the employees themselves, paying for coverage. My bill, the Health Data Act, builds on existing law by ensuring that group health plans and their fiduciaries have timely access to claims and encounter data, supporting documentation, the information, payment methodologies, and information necessary to conduct meaningful audits. The bill also makes clear that service providers must provide this information, and may not prevent or delay access. Importantly, this legislation establishes meaningful enforcement mechanisms to insure compliance. The bill also strengthens the attest attestation requirements and gag ca- clause protections previously enacted by Congress. Unfortunately, some have interpreted that previous legislation simply to prevent gag clauses in contracts, rather than as an obligation to actually give the employer health plans access to their own information. At its core, this legislation is about transparency and accountability. Planned fiduciaries cannot effectively oversee health plans, evaluate network service performance, identify improper payments, or fulfill their responsibilities to plan participants if they are denied access to basic information about how those plans are being administered. Workers and their families deserve health plans that are well-managed, transparent, and accountable. H R nine two two eight helps achieve that goal. This is substantially similar to H R forty-five twenty-seven, um passed through this committee on July eleventh in the hundred and eighteenth Congress uh sponsored by Representative Chavez de Reimer, and Representative Takano. This amendment in the nature of a substitute makes non-substantive
The gentleman yields. Are there any members who wish to be recognized for further discussion on the amendment in the nature of a substitute? The gentleman from California, did you wish wish to be recognized?
Uh, yes, Mr. Chairman.
You're recognized for five minutes.
Um, am I speaking on? Let's see. Oh, no, I have an amendment, so
OK.
Are there any others who wish to be recognized? The gentleman from Virginia, the ranking member. He'll be recognized for five minutes.
Thank you, um, Mr. Chairman. Although I oppose this information, I'd uh this legislation, I share the goal of HR ninety-two twenty-eight, the Health Data Access Transparency and Affordability Act. This bill seeks to address the issue of so-called gag clauses that block group health plan fiduciaries. from accessing data that is necessary for audit- auditing their service providers. Service providers that block this k- k- type of information include third-party administrators and pharmacy uh benefit managers. Now, we have a long history of working on this issue in a bipartisan manner, in beginning with the uh Consolidated Appropriations Act of twenty- twenty-one, in which the Congress prohibited contracts that contained these g- clauses, However, despite this prohibition, service providers still erect barriers that impermissibly block fiduciaries from auditing planned data. To correct this, during the hundred and eighteenth Congress, the committee advanced legislation, also called the Health Data Act, which was introduced by several members of the committee, including the gentleman from California, Mister Takano. This legislation reflected a bipartisan effort to ensure that service providers are not engaged in self-dealing or other practices that increase the cost of care. Out of hope that we could have continued this bipartisan work through today's mark-up. Regrettably, this uh this bill abandons the process, instead of improving the fiduciary oversight of service providers, the bill grants employers open-ended access for to far more data than necessary, including employee medical records. It also lacks adequate uh guardrails to protect sensitive information and ensure that workers are not subject to discrimination by their employer or health plan. Moreover, as drafted, the bill does not clearly ensure that the data is de-identified in a manner consistent with HIPAA In fact, language in the bill requiring the bill to be unmodif the data to be unmodified could be read to imply that the data should not be de-identified at all. Additionally, the legislation placed no limits on why data p- data needs to be made available to employers and for what purpose it can be used. The bill extends data access to a range of other individuals acting on behalf of the employer who may not actually need such access. Now, I shared the goal of this legislation. I believe the more effective approach would have been to build off our previous bipartisan efforts while working to include safeguards for workers and their families. Troubling, Mr. Chairman, to also worry about this pattern being demonstrated by the majority, where Democrats are shut out of the process in areas where we have a bipartisan history in this committee. So I oppose the bill and urge my colleagues to do the same until we can get back on track to the bipartisan efforts that we started. You're back.
The gentleman yields. Are there any other members who wish to be recognized for further discussion? on the amendment and the nature of a substitute. There being no further discussion on the amendment and the nature of a substitute, the committee will move to consideration of amendments. Are there any members who wish to offer an amendment? I recognize the gentleman from California for the purpose of an amendment.
Uh, Mr. Chairman, I have an amendment to ask.
You're recognized for five minutes. Uh, do the, the, the, the clerk will identify the amendment.
Amendment to the amendment in the nature of a substitute. to HR nine two two eight offered by Mister Takano of California, identifier Takano underscore HD underscore access underscore zero one underscore AMD.
Reserve point of order.
Point of order is reserved. I now recognize Jeremy from California, uh, for five minutes in support of his amendment.
Thank you, Mr. Chairman. Traditionally, uh, health care data transparency has been an area of robust bipartisan agreement as uh, Ranking Member Scott, uh, mentioned. Last year, I introduced the Health Data Transparency Act of twenty twenty three with Representatives Lori Chavez de Remmer and Cathy Manning. I was excited to work productively with my colleagues on the other side of the aisle to make health care more affordable for everyday Americans. After our bill passed out of committee favorably, it went through months of bipartisan negotiation. The Health Data Transparency Act of twenty twenty three became a stronger product that strengthened data transparency while effectively protecting the privacy of plan participants. It was included in the bipartisan lower-costs, more transparency package that passed the House. When Republicans and Democrats work together in good faith, we can create legislation that makes our health care system fairer. So I was surprised when this bill, H R ninety-two twenty-eight, was introduced, which shares the name of our bi- past the name of our past bipartisan legislation, but does not reflect our bipartisan work. Instead, it dramatically broadens the scope of data that is shared through employer-sponsored health plans, including by needlessly granting employers access to workers' medical records. There are essentially no guardrails under H R ninety-two twenty-eight on why the data needs to be shared and what it is to be used for. Now this approach does not reflect the careful thought that should be put into such an important issue. Now due to the speed of the mark-up and lack of notice, it has been impossible to have the in-depth conversation with my Republican colleagues to ensure this bill is effectively safeguarding patients. My amendment reflects both the bipartisan work that was done last Congress, and timely updates to ensure patient privacy and security. Now rather than providing an open-ended right for employers to examine data and information of their employees, my amendment ensures that planned fiduciaries' access to the da- to data is for the purpose of conducting audits of the purpose of conducting audits of their service providers. It also provi- it also clarifies that individuals with authority over planned data must handle that data in a manner consistent with ERISA's fiduciary standards. This will ensure that companies like PBMs and third-party administrators can be held accountable when they overcharge or engage in self-dealing. And it will help ensure that data is handled prudently in a manner that ensures privacy, and cyber security. It provides additional clearer protections for workers from discrimination and retaliation based on planned data, including enhanced enforcement tools and remedies for workers and the Department of Labor. Now while I regret that the underlying legislation has moved away from our previously bipartisan process, I hope that my amendment will help bring us back on track. I think if we work together, we can strike the right balance and address this issue in a constructive manner. It has been uh I've been encouraged by my recent conversations with my Republican colleague that have reiterated their commitment to creating a bipartisan bill I look forward to working with them on this important issue uh and I urge my colleagues to support the amendment and I yield back.
The gentleman yields, there's a gentleman withdraw his Point of order?
Yes, I withdraw my res resolution.
Point of order is withdrawn. Does anyone else seek recognition on the amendment?
Mister Chairman.
The gentleman from uh Missouri?
Uh, thank you, Mister Chairman, to speak on the amendment.
Speak on your amendment. Five minutes.
Uh, thank you, Mister Chairman. Well, I look forward to uh working with my Democrat colleagues, including Representative Takano on on this uh on this important bill. I would point out that Nothing in this bill preempts HIPAA, nothing in this bill would give employers access to medical records. It gives employers much needed access to claims data. Uh, H R ninety-two twenty-eight builds upon and improves the framework established last Congress in the Health Data Act of twenty twenty-three, by expanding the scope of data, increasing the timeliness and frequency of reporting and specifying the format, in which the data must be provided. Um, the bill closely tracks section seven of the patients deserve price tags from the, uh, from from this Congress, incorporating only minor changes base i- based on technical assistance from the Department of Labor and feedback from employers patient advocates and other stakeholders. Section seven is the only portion of the patients deserve price tags act that falls solely within the jurisdiction of this committee and H R ninety-two twenty-eight allows the committee to advance these provisions independently. The policies in H R ninety-two twenty-eight have brought bipartisan by broad stakeholder support more than a hundred fifty organizations, including bipartisan economists, employer and union, health plan sponsors, consumer advocates and trade associations have expressed support for the Patients Deserve Price Tags Act and its transparency provisions. Uh the amendment in the nature of the substitut- uh uh stu- in nature of the substitute offered by Mister Takano lacks important features of H R twenty t ninety two twenty eight by eliminating important requirements for timing and formatting of the data provided eliminating protections against contractual language restricting claims data and eliminating other important protections in the event providers violate the rules adopting this uh amendment in the nature of a substitute would eliminate key p- key improvements that strengthen data access and transparency for employers researchers and consumers so I urge my colleagues to vote no on this amendment and I yield back Mister Chairman.
The gentleman yields, are there any others who seek recognition on the amendment? Uh the gentleman from Virginia, the ranking member?
Uh
You're recognized for five minutes.
Thank you Mister Chairman, I just um I wasn't gonna speak uh the gentleman from California has said all that needed to be said except for the fact that the question of medical records on page two. It says that uh on line twenty-two, no contract or arrangement of services um uh no renewal between a group health plan and any other person, including a network, is reasonable within the meaning of this paragraph, unless such contract allows, and then it goes down on line twelve on page three, access to any documentation including medical records. So looks like you can get people's medical records under the b- under the bill. That's um what the um gentleman from California is trying to fix.
Does anyone else seek recognition on the amendment? Seeing none, the question then is on the amendment by the gentleman from California. All in favor say aye.
Aye.
All opposed no. No.
Aye.
In the opinion of the chair, the noes have it, and the amendment is not agreed to. A roll call vote is ordered pursuant to the chair's previous announcement. This vote will be postponed. Are there any further amendments to the amendment in the nature of a substitute to H R ninety-two twenty eight? Seeing none. Higher action is possible. Further action on A chart ninety two twenty eight is postponed. We'll now proceed to postpone requests for recorded votes.
Oh, Jesus. Mr. Dias, you have a question.
We'll suspend suspend for a moment while the clerks prepare for the This is not the BDS. voting.
Uh-huh. We are starting on the BDS.
yeah yeah i think we we started with the white i was like yeah i think it's not that i don't like it oh i think it's a little bit too hmm too bad yeah i don't like it but i don't like the color i don't like the color of the paint so i think it's a little bit too dark i don't like the color of the paint so i'm gonna take a look at the color of the paint i thought like the yellow is like purple or like green or like i don't know oh yeah so you wanna do like a hmm i'm still gonna try it though oh yeah yeah oh wow it's a lot of fun oh yeah oh yeah oh yeah oh oh oh you know when i was in high school i used to go to a restaurant and i would order a bowl of noodles and then one of the waitress would bring like a plate of noodles and i would just sit there and eat uh-huh oh yeah oh i was like oh this is good i'm gonna try this and then i would just sit there and eat and then i would just sit there and eat and then i would just eat and if you if you if you ever go to a restaurant and they serve like a plate of noodles or a plate of noodles and then you you you know like a restaurant or a restaurant or a restaurant and then you would just sit there and eat and then you would just sit there and eat and then you would just eat what kind of food do they have in the office oh yeah yeah yeah yeah oh yeah yeah i have i have that yeah they have like a menu called like mmm mmm yeah alizarin or something like that mmm and then they have like a meal plan like like a menu with like a menu and like a menu with like like a menu with like a menu with like a menu with like a menu with like a meal plan and then like after they have like a round and then they have like a dinner and then like a dinner and then like a dinner and then like a dinner and like a dinner and then like a dinner and then like a dinner and and then like a dinner and then like a dinner and then like a meal plan yeah it's a good way to start it it's a good way to get rich yeah oh and then you know you're gonna be looking for a good way to get it so i'm gonna go for the real estate as i don't wanna do that anymore i'm gonna do the real estate which has like a three door yeah hmm i don't know where to start oh oh yeah i was just gonna say that like i was thinking like uh like you said like the whole part of the game yeah yeah hmm oh yeah oh yeah yeah yeah oh yeah yeah yeah yeah oh hmm yeah what about like the beef yeah yeah that was interesting i think we we just talked about it for a while like what is your favorite food yeah yeah yeah it's one of those food i just love like the fish sauce the fish sauce is my favorite i just really like the concept of aging um like you know like i don't know if you have a problem with your body it's like you know it's like a yeah mmm yeah i think the diet problem of course it's very important to have a healthy diet and i think that's really important to have a healthy diet and i think that's really important to have a healthy diet hmm hmm you know what i was just like oh yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah oh wow yeah i was just gonna say i was just gonna say that for every wedding there they just yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah yeah usually they just have like a couple of people that they can meet up and then they can mmm yeah ask them about like after they're done with the wedding they can just like go and like get a ring or something and then they can just like go out and review and then they can like get a couple of other people to come and review and then they can just come and review and then they can just like come and wait and then they can come and just like come and oh yeah yeah i was like i was like i don't know what to do with it i was like i don't know what to do with it i was just like yeah yeah yeah i was just looking at the map and then i was like oh it's right there right there hmm yeah like i just thought of like you know like you guys you guys have to do the job you have to do the job yeah hmm yeah yeah yeah i mean i mean it's just like a regular day it's just like a normal day i mean yeah yeah but it's just like a normal day i mean i mean i mean it's just like a regular day i mean yeah yeah yeah yeah yeah i think like a normal day is like what is it i don't know um like i was just thinking like what what do you mean uh uh uh like you mean like hmm hmm yeah oh yeah yeah oh oh but then we we just we just went to the store and like we just like just like went to the store and like just like we just like went to the store and like we just like went to the store and like just like oh that's cool oh yeah hmm we just like went to the store and like just like we just like went inside and like just like just like yeah just like just like just like just like we just like just like just like we just like just like just like we go inside and like just like we found a way to find a way to find a way to find it yeah and then we just like went outside and like we just like went inside and like i'm not sure about that so so well we have to look at it from a personal perspective how it works so so yeah so oh i'm not sure about that so so you have to well they have to they have to they have to look at it from a personal perspective how it works and you wanna develop that mmm and i really want to see that really look at it from a personal perspective how it works mmm oh wow that's a big yeah yeah yeah yeah it's really fun and fun i remember that day when we were just like oh we're gonna do this for the whole year and then we're like oh yeah we're gonna do this for the whole year we got together and then we just like ok and then we just like started talking about it and then we just like started talking about it and then we just like went for it and then we just like really talked about it and then we just like started talking about it and then we were like oh yeah we're gonna do this for the whole year and then we just like started talking about it and then we just like yeah i like the look on on the face of a woman i like the look on my face yeah i like the look on my face right yeah i like the look on my face hmm no no no no no no no no no no no no no no no i mean yeah yeah yeah yeah yeah you know what i like about you is you are very natural and very calm yeah well i was talking to my dad about it he's not a big fan of the old school like the old school uh-huh yeah yeah just like the old school like the old school was way more like a yeah like a city not so much like a city like a rural area but like a rural area and like a city was more like a rural area and then he told me that like the old school was like a city but like a new school like a new school so i was like oh i'm not a fan of that old school i'm not a fan of that old school like a cheese uh yeah yeah yeah i remember when we were at the hotel and then i was like oh yeah i'm not a fan of that so i was like oh it's like a cheese i don't like cheese so i was like oh i'm not a fan of that so i was like oh i don't like cheese um but i don't like cheese so i was like oh yeah i don't like cheese so i was like oh yeah it's like a cheese no no it's a cheese oh cheese yeah no but i can do it right now i can do it right now do you know what i like about you is the fact that you are always there to help me yeah right yeah a little bit too big for me but i can do it right now i love it i love it yeah but i like the fact that you are always there to help me yeah really oh yeah no i like that you know like when you're buying a jacket and you're like oh i want a jacket like yeah right and then you buy a jacket and then you buy a jacket and then you buy a jacket and then it's like a jacket is like you know like a yeah a jacket and then you buy a jacket and then it's like a bag and then you just like put it on your shoulder and then you just like mmm put it on your face and then you just like put it on your face and then you just like put it on your shoulder and then you just wear it hmm mmm yeah yeah but i don't know if it's good for you though i don't know if it's good for you um oh yeah what are you thinking yeah and then then i think there's a there's a there's a there's a there's a yeah a there's a there's a there's a there's a there's uh there's a there's a there's a yeah um uh uh there's a there's a there's a there's a there's an open do you love me open uh open yeah open do you yeah like me oh what a nice thought it's a better call for a woman than a woman I hereby move that the committee report the bill HR eighty-four seventy-six to the House of Representatives and uh with amendment and with recommendation that the amendment be agreed to and the bill do pass. The question now occurs on the chair's motion. All in favor say aye. Aye. Aye. All opposed, no. In the opinion of the chair, the ayes have it. The motion is agreed to. Roll call vote is requested. Uh, members will record their votes using electronic voting system. The clerk will open.
Mister Harris.
Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally.
Mister Chairman, on this vote there are twenty a's and twelve n's.
The ayes have it, and the motion is agreed to, H R eighty four seventy six as a and the accompanying material shall be transmitted to the House of Representatives. The chair notes for the record that a quorum is present. I hereby move the committee report the Bill HR forty-seven ninety-five to the House of Representatives with amendment and with recommendation that the amendment be agreed to and the bill do pass, the question
Aye.
All opposed, no. In the opinion of the chair, the ayes have it, the motion is agreed to. A recorded vote is requested. Members will record their votes using electronic voting system. The clerk will open the vote. Have all members been recorded or wish to be recorded?
Aye.
Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the telly.
Mister Chairman, on this vote there are twenty-four yays and nine nays.
The ayes have it, and the motion is agreed to, H R forty-seven ninety-five as amended and the accompanying material shall be transmitted to the House of Representatives. The chair notes for the record that a quorum is present.
Nine two O three we have. Seven minutes.
We'll now be voting on one amendment to the am- uh amendment in nature of a substitute, H R ninety two O three. A recorded vote is requested. Members will record their votes using the electronic vot
The v- the reported one?
We're voting on the uh The Scott AMD zero one.
Tonight.
We're voting on the amendment to HR ninety-two O three, the Scott amendment AMD zero one. The clerk will open the vote. Have all members who wish to be recorded? Been recorded? Do any members wish to change their vote? Hearing done, will the clerk please close the vote and announce the tally.
Mister Chairman, on this vote there are fifteen nays and eighteen nays.
The amendment is not adopted.
I don't remember, I don't know. Oh. One two three four five six nine two ten.
One two three four five six nine. We'll now be voting on Which one? We'll be now be voting on the Scott AMD zero two amendment to HR ninety two O three. The clerk will clerk will open the vote. Have all members been recorded or wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce a tally.
Mr. Chairman, on this vote there are fifteen nays and eighteen nays.
The amendment is not adopted. The question now occurs on the amendment in the nature of a substitute to HR forty, uh ninety-two O three. All in favor say aye. Aye.
Aye.
All opposed, no. Aye. In the opinion of the chair, the ayes have it, and the amendment in the nature of a substitute is agreed to. I hereby move the the committee report the bill H R ninety two O three to the House of Representatives with amendment and with a recommendation that the amendment be agreed to and the bill do pass the question now occurs on the chair's motion all in favor say aye aye all opposed no.
Mm.
In the opinion of the chair, the ayes have it, then the motion is agreed to.
Sure.
A recorded vote is requested. Members will record their votes uh using electronic voting system. Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally.
Mister Chairman, on this vote there are eighteen nays and fifteen nays.
The ayes have it and the motion is agreed to. H R ninety-two O three is a as amended and the accompanying material shall be transmitted to the House of Representatives. The chair notes for the record a quorum is present. We have one more. We'll now be voting on an amendment to H R twenty-five fifty-five It is Scott AMD zero one. A recorded vote is requested. Members will record their votes using the electronic voting system. The clerk will open the vote. Have all members been recorded or wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally?
Mister Chairman, on this vote there are fifteen nays and eighteen nays.
Amendment is not adopted. The question now occurs on the amendment in the nature of the substitute to HR twenty five fifty five all in favor say aye aye all opposed no in the opinion of the chair,
Aye. Aye.
the ayes have it, and the amendment in the nature of the substitute is agreed to. I hereby move that the committee will uh report the bill HR twenty five fifty five to the house of representatives with amendment and with the recommendation that the amendment be agreed to and the bill do pass. The question now occurs on the chair's motion. All in favor say aye. Aye.
Aye.
All opposed no.
No.
In the opinion of the chair, the ayes have it, and the motion is agreed to. Uh, recorded vote is requested. Members will record their votes using the electronic voting system. The clerk will open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally.
Mister Chairman, on this vote there are eighteen nays and fifteen nays.
The ayes have it, and the motion is agreed to, H R twenty-five fifty-five as amended, and accompanying material shall be transmitted to the House of Representatives The chair notes for the record that a quorum is present.
Which one? One amendment?
We will now be voting on one amendment to the amendment in nature of a substitute to H R f fifty-five O five the amendment offered by Mr. um um uh Mrs. Mc- uh McBath entitled McBath under slash AMD under slash zero one. A recorded vote is requested. Members will record their votes using the electronic voting system. The clerk will open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally.
Mister Chairman, on this vote there are fifteen nays and eighteen nays.
The ayes have it and the motion is agreed to. Just ask the clerk. Uh
if you can make it.
Yes. Let's go back on this. Let's go back. Clerk will open a vote. No. You don't still need to open a vote. The last vote You don't Right, now announce the n- announce the tally.
Mister Chairman, on this vote there are fifteen nays and eighteen nays.
The amendment fails. Okay, where are we at? The question now occurs on the amendment in nature of a substitute to H R fifty-five, O five. All in favor say aye.
Aye.
Aye. All opposed, no.
No.
In the opinion of the chair, the ayes have and the amendment in nature of a substitute is agreed to. I hereby move that the committee report the bill H R fifty-five O five to the House of Representatives with amendment, And with the recommendation that the amendment be agreed to and the bill do pass, the question now occurs on the chair's motion. All in favor say aye. Aye.
Aye.
All opposed no.
No.
In the opinion of the chair, the ayes have it, then the motion is agreed to.
Mm-hmm.
A recorded vote is requested. Members will record their uh their vote using electronic voting system. The clerk will open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally.
Mister Chairman, on this vote there are eighteen nays and fifteen nays.
The ayes have it, the motion is agreed to, H R fifty five O five as amended, and the accompanying materials shall be transmitted to the House of Representatives and chair notes for the record that a quorum is present.
We're going
I hereby move that the committee report the bill H R twenty-three thirty-two to the House of Representatives with amendment and with a recommendation that the amendment be agreed to and the bill do pass. The question now occurs on the chair's motion. All in favor say aye.
Aye.
Aye. All opposed, no.
Aye.
In the opinion of the chair, the ayes have it, and the motion is agreed to. Recorded vote is requested. Members will record their votes using electronic voting system. The clerk will open the vote. Have all members been recorded who wish to be recorded?
Thank you. Just a sec.
Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally.
Mister Chairman, on this vote we have thirty three nay yeas and zero nays.
The ayes have it, and the motion is agreed to, H R th twenty three thirty two as amended and the company
Right, I'm going straight to the final. Eighty one twenty two.
I hereby move that the committee report the Bill H R forty-one, twenty-two to the House of Representatives with amendment and with the recommendation that the amendment be agreed to, and the bill be passed. The question now occurs on the chair's motion. All in favor say aye. Aye. Aye. All opposed, no. In the opinion of the chair, the ayes have it. Then motion is agreed to. A recorded vote is req- requested. Members will record their votes using electronic voting assistant. The clerk will open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally.
Mister Chairman, on this vote we have thirty-two yays and zero nays.
The ayes have it, then motion is agreed to, H R forty-one, twenty-two, as amended, and the accompanying material shall be transmitted to the House of Representatives. The chair notes for the record that a quorum is present.
One hundred five, one hundred eighty-eight, twenty-two.
I hereby move that the committee report the bill H R eighty-eight twenty-two to the House of Representatives with amendment, And with the recommendation that the amendment be agreed to and the bill do pass. The question now occurs on the chair's motion. All in favor say aye. Aye.
Aye.
All opposed, no. In the opinion of the chair, the ayes have it, and the motion is agreed to. Recorded vote is requested. Members will record their votes using the the electronic voting system. The clerk will open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally.
Mr. Chairman, on this vote there are thirty-two, two yays and zero nays.
The ayes have it, then the motion is agreed to, H R eighty-eight twenty-two as amended, and the accompanying materials shall be transmitted to the House of Representatives. Chair notes for the record that a quorum is present.
Final.
I hereby move that the committee report the bill HR eighty eight twenty three to the House of Representatives with amendment and with the recommendation that the amendment be agreed to and the bill do pass. The question now occurs on the chair's motion. All in favor say aye. Aye. Aye. All opposed, no. In the opinion of the chair, the ayes have it, and the motion is agreed to. A recorded vote is requested. Members will record their votes using the electronic voting system,
Mister Chairman, Mister Chairman, on this vote there are thirty-three a's and zero nays. on this vote there are thirty-three yeahs and zero nahs.
The ayes have it and the motion is agreed to, H R eighty eight twenty three as amended, and the accompanying material shall be transmitted to the House of Representatives. Chair notes for the record that a quorum is present.
Straight to the final for ninety-eight one.
I hereby move that the committee report the Bill HR ninety-three eighty-one to the House of Representatives with amendment and with re-acclimitation, that the amendment be agreed to and the bill do pass. The question now occurs on the chair's motion. All in favor say aye. Aye. Aye. All opposed, no. No. In the opinion of the chair, the ayes have it, then the motion is agreed to. A recorder vote is requested. Members will record their votes using the electronic voting system. The clerk will open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Can you hold a second, please? Hearing none, will the clerk please close the vote and announce the tally.
Mister Chairman, on this vote there are nineteen nays and fourteen nays.
The ayes have it, then motion is agreed to, H R ninety-three, eighty-one as amended, and the accompanying material shall be transmitted to the House of Representatives. The chair notes for the record that a quorum is present.
We do not have any more.
We'll now be voting on one amendment to the amendment in the nature of a substitute to H R ninety-two, twenty-eight. Amendment offered by uh, Mr. Tucano, uh, identified as Tucano under slash HD under slash access under slash zero one under slash AMD. Whew. A recorded vote is requested. Members will record their votes using the electronic voting system. The clerk will open the vote. Have all members been recorded who wish to be recorded?
Oh, I just did it. Oh, oh, oh, hold on, hold on.
Do any members wish to change their vote? Hearing none, will the clerk please close the vote and announce the tally.
Mr. Chairman, on this vote there are fifteen nays and eighteen nays.
The amendment is not adopted. The question now occurs on the amendment in the nature of the substitute to H R ninety two, twenty eight. All in favor say aye. Aye. All opposed, no. In the opinion of the chair, the ayes have it, and the amendment in the nature of the substitute is agreed to. I hereby move that the committee report the bill H R ninety two, twenty eight to the House of Representatives with amendment and with recommendation that the amendment be agreed to and the bill do pass. The question now occurs on the chair's motion. All in favor say aye. Aye. All opposed, no. In the opinion of the chair of the ayes-ha-bots, and the motion is agreed to, a recorded vote is requested. Members will record their votes using the electr- electronic voting system. The clerk will open the vote. Have all members been recorded who wish to be recorded? Do any members wish to change their vote? Hearing none, the clerk will please close the vote and announce a tally.
Mister Chairman, on this note there are eighteen nays and fifteen nays.
The ayes have it and the motion is agreed to, H R ninety-two twenty-eight as amended, and the accompanying material shall be transmitted to the House representatives the Chair notes for the record that a quorum is present and thank you. I ask unanimous consent that the staff be authorized to make necessary technical and conforming changes to today's bills, without objection so ordered. Pursuant to House Rule eleven, clause two L, I give note that all members have the requisite number of days to file supplemental, minority, additional or dissenting views without objection so ordered. Without objection, any members who wish to insert materials in the record may do so, submitting them to the committee clerk electronically by the end of the day today. If there's no further business before the committee, without objection,
Yep.
the committee
We're we're the whole of um this meeting? Yep. Yep. She's she's saying something?
Anything? We're good, we're good. Are we okay? Okay, let's go. We're we're throwing it in the trash. We're good.
Thank you.
If there's no further business before the committee, without objection, the committee stands adjourned.
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