[Congressional Record Volume 169, Number 122 (Monday, July 17, 2023)]
[House]
[Pages H3630-H3633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   BIPARTISAN OPPOSITION TO JULIE SU

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 9, 2023, the gentleman from California (Mr. Kiley) is 
recognized for 60 minutes as the designee of the majority leader.
  Mr. KILEY. Mr. Speaker, it has been nearly 5 months since President 
Biden nominated Julie Su to be Secretary of Labor. That nomination 
remains stalled. The Senate has declined to confirm her. She now faces 
bipartisan opposition, yet the President has not withdrawn her 
nomination.
  Worse yet, Su is continuing to serve as Secretary of Labor in an 
acting capacity, despite the Senate declining to put her in that 
position. It appears that this is now the plan, to simply cancel the 
vote and carry on as if she had been confirmed.
  Su's leading supporter in the Senate, Bernie Sanders, said as much. 
He said: I hope she has the votes to become the Secretary. If not, of 
course, she should stay where she is. She is doing a great job, Sanders 
continued. Why would you not?
  Well, why would you not? One simple reason is the Constitution. This 
is blatantly an end run around the Constitution's advice and consent 
requirement of Article II, section 2, clause 2.
  As further evidence of the Biden administration's plan to simply keep 
Su on indefinitely, with or without a vote, after months of Department 
of Labor rulemaking being put on pause to spare Su negative press 
during the confirmation process, the wheels are now back in motion. The 
administration seems to be acknowledging that Su does not have the 
votes for confirmation but, again, plans to keep her at the helm of the 
Labor Department anyway.
  Now, this administration has a disturbing pattern of seeking to do by 
undemocratic means that which it cannot do by democratic means.
  For example, on the topic of student loan forgiveness, President 
Biden had said: I don't think I have the authority to do that, and then 
he went ahead and did it anyway by executive order.
  On the issue of independent contracting, Congress has declined to 
adopt the destructive ABC test via the PRO Act, so the Labor Department 
is seeking to enact a functionally equivalent legal standard by 
rulemaking. This is the most brazen example yet. Having made the worst 
possible pick for Secretary of Labor, which the United States Senate is 
rightly rejecting, the President is trying to install his nominee as 
the permanent Secretary anyway.
  Now, the student loan executive order, of course, was just struck 
down by the Supreme Court, but what the administration is attempting 
here is much more potentially disruptive. What is at issue is not just 
one policy, rather, it is every action the Department of Labor takes 
under Acting Secretary Su that will be put under a legal cloud.
  Now, Su's allies have tried to make a legal argument relating to the 
interplay of the Federal Vacancies Reform Act of the statute that 
created the position of Deputy Secretary of Labor. This argument is 
without merit. There is no statutory authority to have an Acting 
Secretary who has been nominated for permanent Secretary continue 
serving indefinitely, with or without confirmation; nor could there be 
because any such statute would violate the Constitution.
  Education and the Workforce Chairwoman Virginia Foxx and I have sent 
a letter to Gene Dodaro, U.S. Comptroller General at the U.S. 
Government Accountability Office, requesting an opinion on the legality 
of keeping Su as the head of Labor indefinitely.
  None of this should be necessary. The White House and Julie Su have 
had every opportunity to persuade the Senate. They have had a nightly 
war room and daily arm twisting for months. It is well past time to 
withdraw the nomination and for the President to nominate a Secretary 
of Labor who will be on the side of American workers.


                          The Fentanyl Crisis

  Mr. KILEY. Mr. Speaker, last month, the district attorney of Placer 
County in my district secured the first-ever murder conviction in 
California for dealing fentanyl. This is a very important moment in the 
battle against the fentanyl epidemic that is taking such a tragic toll 
on every community across the country.
  As The New York Times reported: The novel prosecution in Placer, 
northeast of Sacramento, is being closely watched in law enforcement 
and legislative circles in California, which lost about 6,000 people to 
fentanyl and other opioids in 2021, the last year for which complete 
data is available. Prosecutors have been looking for ways to hold 
people distributing the drug accountable for the staggering death toll.

[[Page H3631]]

  Now, I would like to share the details about this case and the 
successful legal strategy of the district attorney, but first a word 
about the scale of the fentanyl crisis in the United States.
  Fentanyl has become the leading cause of death for Americans ages 18 
to 45, surpassing car accidents, surpassing suicides, surpassing 
everything. It is now the leading cause of death for young people in 
our country. It is affecting every community, including my own.
  It has been reported that 73,102 Americans died from fentanyl in the 
past year. That amounts to 200 deaths every day, one every 7 minutes. 
The reason is largely because of the lethality of fentanyl, which is 
unlike any other drug; 100 times more potent than morphine. Two 
milligrams, or the amount that fits on the end of a pencil, is a deadly 
dose.

                              {time}  1930

  Fentanyl is being added to street pills. Mr. Speaker, 98 percent of 
the pills sold on the street are fakes, and 60 percent have the 
potential to be lethal.
  Many victims are teenagers, people with no prior drug use who perhaps 
were stressed out from isolation during the COVID shutdowns. They 
purchase what turns out to be fake pills, such as Xanax, over social 
media or the internet. Dealers often deliver these pills straight to 
the victims' homes.
  A huge part of this problem is to prevent fentanyl from coming into 
the United States. The southern border is by far the primary source. In 
fact, in 2022 alone, the DEA seized 379 million lethal doses of 
fentanyl. Securing the border would diminish the availability and 
ability to traffic into the United States, and it would save many 
lives. That is the most important part of this equation.
  There are other ways that we can tackle the problem, and that is 
where Placer County is leading the way. Like other communities across 
the country, our county experienced an astronomical 450 percent 
increase in fentanyl deaths from 2019 to 2021. Almost half of those 
were among residents 25 years of age or younger.
  The case that was recently prosecuted involved the tragic death of a 
15-year-old Roseville girl who passed away on June 21, 2022. The dealer 
was a Placer County area drug dealer named Nathaniel, who was involved 
in selling fentanyl to minors. He possessed and transported fentanyl in 
the form of M30 Percocet pills. The fentanyl was pressed into the pill.
  One of his customers was a 15-year-old girl who overdosed on one of 
those pills and, as a result, passed away in June. Nathaniel witnessed 
this OD, and after his customer died, he continued to sell pills from 
the same batch to other individuals. This is why he was charged with 
murder. It is the first murder charge and conviction of a fentanyl 
dealer in California.
  Specifically, he was charged by Placer County District Attorney 
Morgan Gire and convicted of second-degree murder in Placer County 
Superior Court.
  In order to establish his case, District Attorney Gire had to prove 
the following elements: first, that Nathaniel did in fact deal the 
deadly fentanyl pills to his victim; second, that the defendant knew 
that the pills he provided to his victim contained fentanyl; and, 
third, that he knew how deadly the fentanyl he provided was.
  In other words, he had to know his actions could lead to the death of 
the customer and then choose to deal anyway. That is the basic 
predicate of the murder charges and conviction.
  Other factors in play in this case involved callousness. District 
Attorney Gire indicated that he would only pursue murder charges if a 
degree of callousness is present, if a dealer continues to deal after 
he or she knows someone died of the pills and is pursuing profit. Gire 
said charges would be less likely in cases where addicts were simply 
sharing pills with one another.
  A second additional factor in play here was deception, where the 
dealer deceptively markets fentanyl as something else. Gire said that 
that changes the legal landscape.
  In an era of skyrocketing and tragic fentanyl deaths and the 
increasing prevalence of it in our communities, a multipronged approach 
of education, accountability, and stopping the supply is needed. The 
prevailing prosecutorial approach and many of the criminal laws on the 
books in California are failing to achieve an adequate level of this 
occurrence.
  The strategy that is being pursued in Placer County is that by 
raising the cost of dealing fentanyl for dealers--we are talking about 
a 15-years-to-life sentence here for second-degree murder--we can keep 
these predators away from our communities.
  Mr. Speaker, I want to add a quote from District Attorney Gire, which 
I think is a very important one. ``I have heard the criticism that this 
is a retread of the war on drugs,'' he said. ``It isn't. Fentanyl is 
something different.'' That is an argument that we really need to 
understand.
  Whatever arguments we might make in terms of prosecution strategies, 
when it comes to other forms of drug use, there is simply no comparison 
to the damage that this drug is doing across our country. We must take 
action in every way possible.
  This murder conviction, the first of its kind in Placer County, sends 
a loud and clear message to those who would victimize young people and 
Americans with this lethal substance. It says: Stay out of our 
community.
  Mr. Speaker, I encourage prosecutors across California and across the 
country to look at the model District Attorney Gire has provided in 
California because it will save lives.


                         Pay Raise for Military

  Mr. KILEY. Mr. Speaker, I rise today in strong support of the 5.2 
percent pay raise for our servicemen and women provided for in the 
National Defense Authorization Act, or the NDAA.
  Americans have been left struggling under the weight of runaway 
inflation and an ever-increasing cost of living--perhaps none more so 
than those in uniform.
  Skyrocketing inflation has contributed to pay for servicemembers 
falling behind that of their civilian counterparts in terms of 
purchasing power. The much-needed pay increase that we are providing 
with this legislation is the largest in 22 years, and it will ensure 
that compensation for military service is at least commensurate with 
the rise in civilian wages.
  In concrete terms, this means more income to cover housing, food, 
providing for a family, and other basic necessities that those in 
uniform serving our country shouldn't have to lose sleep over.
  In addition to this across-the-board pay increase, the NDAA contains 
numerous provisions designed to make life more affordable for junior 
enlistees. Pay for our military's most junior enlistees, E-1s, is 
currently a paltry $22,000 a year. The NDAA increases that base pay 
rate to $31,000 a year so that the starting wage for junior enlistees 
isn't lower than that of a fast-food cashier in California.

  The calculation of basic allowance for housing is also improved to 
provide a more accurate and higher level of aid for housing, and the 
basic needs allowance, which enables low-income servicemembers to 
support a family, is expanded, as well.
  Finally, the Secretary of Defense is authorized to provide monthly 
bonuses to junior enlisted members to mitigate the impacts of 
inflation.
  Mr. Speaker, we owe members of our military a debt that can never be 
repaid for their service and sacrifice to our country. Americans 
undoubtedly have an obligation to provide a level of compensation that 
matches at least that of their civilian counterparts and enables 
servicemembers to meet basic housing costs and provide for their 
families.
  Mr. Speaker, this legislation fulfills that basic foundational 
commitment, and I am proud to support the pay increase for our 
military.


                    Vaccine Discharge Reinstatements

  Mr. KILEY. Mr. Speaker, I rise today in strong support of offering 
reinstatement to the over 8,000 servicemembers who were discharged from 
the military for merely declining to receive a COVID-19 vaccine. As we 
speak, our Nation's military is in the midst of a severe recruitment 
shortage.
  The Army fell short of its recruitment goal by 15,000 recruits last 
year. This year, it is on track to fall short by 20,000. The Air Force, 
Navy, and Marine Corps are facing similar challenges.
  The consequences of failing to recruit enough volunteers are severe--
reduced combat readiness and a reduced ability to keep us safe. This is 
all the more notable given that our military, of

[[Page H3632]]

course, is all volunteer. We rely on citizens willingly stepping up and 
joining to serve our country.
  These severe shortages have been exacerbated by our Secretary of 
Defense taking the same approach to COVID as, unfortunately, many 
civilian leaders did, an approach characterized by heavyhanded 
overreactions and a complete disregard for scientific evidence and 
informed policymaking.
  Members of our Armed Forces, young, physically fit men and women, are 
the least at-risk population for COVID. Moreover, over 95 percent of 
the military has already been vaccinated against COVID before the 
discharges occurred.
  Like students, small business owners, and many other groups of 
individuals, servicemembers were harmed and had their lives upended by 
wholly unnecessary actions pursued by politicians and political leaders 
who simply were not looking at data and evidence, and had no regard for 
personal freedoms.
  The National Defense Authorization Act offers a corrective course to 
these mistakes. The act provides a pathway to reinstatement for any 
servicemember discharged for declining a COVID vaccine and requires the 
Secretary of Defense to fully inform discharged individuals of the 
steps they can take.
  Further, it assures that veterans, for the time spent discharged, 
will be classified as a ``career intermission'' to prevent any negative 
impact on future promotions. It will also prohibit the Department of 
Defense from forcing cadets discharged from military service academies 
to repay tuition.
  While the damage done by the original discharge decisions can never 
be undone, I am very proud to support legislation that at least allows 
Congress to do everything in its power to mitigate the harm that was 
done.


                  Providing Transparent Accountability

  Mr. KILEY. Mr. Speaker, I rise today in support of the Providing 
Accountability Through Transparency Act.
  What this measure does is very simple. It requires that Federal 
agencies, when issuing a notice of proposed rulemaking, simply include 
a link to a plain language summary of the proposal in 100 words or 
less.
  This is a basic, commonsense measure to make our government more 
accessible to Americans. I think right now that is something that is 
very important. After we went through a few years where many people 
felt like their ability to participate in government was foreclosed 
altogether, and where we have had a trend that has been decades in the 
making where more and more power is consolidated in Washington, D.C., 
and in Federal bureaucracies, ordinary citizens have less and less of 
an opportunity to participate. When there is some opportunity, such as 
a notice of public rulemaking up for public comment, oftentimes they 
are confronted by a blizzard of legalese that makes it very difficult 
to make heads or tails of what is going on.
  What this measure does is it says, in 100 words or less, let's put it 
right there in plain English so everyone is on the same page, so we as 
a country can have a debate about whether this is good or bad policy.
  It is a simple step, a modest step, but it is a step in the right 
direction.
  Mr. Speaker, for that reason, I am proud to support this measure.


                Commemorating Israel's 75th Anniversary

  Mr. KILEY. Mr. Speaker, I rise today in celebration of Israel's 75th 
year as a nation.
  For these last 75 years, Israel has stood as a sanctuary for the 
Jewish people; as a beacon of freedom, democracy, and human rights in 
the region; and as a steadfast ally to our Nation.
  The United States has been among Israel's closest allies from its 
very inception. In fact, President Harry Truman officially recognized 
Israel merely 11 minutes after its formation. Since that moment, the 
bond between our two nations--one based upon shared values, common 
interests, and a united vision for the future--has only grown stronger.
  Our Nation's welcoming of Israeli President Isaac Herzog to speak 
before a joint session of Congress this Wednesday is just the latest 
reflection of this special relationship. I look forward to continuing 
to advance this partnership in every way I can in Congress.
  Mr. Speaker, I will take a moment to remark upon the unique place 
Israel holds not only in the heart of its citizens but in people across 
the globe.
  In 2018, I had the chance to visit, as part of a bipartisan 
delegation, and spend a week meeting with leaders from business, 
academia, government, the media, the IDF, and other facets of Israeli 
society. We also visited the West Bank, a kibbutz outside of Gaza, the 
Holocaust memorial, a hospital caring for the wounded from Syria, the 
Lebanon border, and much more.
  Mr. Speaker, I came away with a sense of deep admiration for the 
tremendous dynamism and diversity of Israeli society, for the way such 
a deep connection to history coexists with a drive toward innovation 
and modernization, for the spirit of self-reliance and national 
service, and for the deeply felt sense of Israeli identity and pride in 
the nation's achievements.

                              {time}  1945

  The United States and the global community is enriched by the 
presence of Israel on the world stage. As a Member of Congress, I take 
great pride in supporting Israel, and wherever possible, advocating for 
Israel in the global arena. Today, I am honored to recognize and 
commemorate that fact by celebrating Israel's 75th anniversary as a 
nation.


                 Recognizing Rocklin Donuts & Cinnamon

  Mr. KILEY. Mr. Speaker, I rise today to celebrate an exceptional 
small business in my district, Rocklin Donuts & Cinnamon, for their 
recent recognition on Yelp as the top doughnut shop in the Nation.
  Let me say that again: the top doughnut shop in the Nation.
  This distinguished, family-owned establishment is operated by Ky and 
Anna Pho, a couple whose story embodies the American Dream. Over 40 
years ago, Ky and Anna emigrated from Cambodia to the United States of 
America. After overcoming the many obstacles they faced in immigrating 
to a new country, they committed themselves to this enterprise and are 
now recipients of a well-deserved reward for their diligent efforts.
  Their commitment to their business and strong work ethic is truly 
inspiring. They rise every morning between 2 and 3 a.m. to prepare 
fresh doughnuts for the many patrons who frequent their shop. They 
serve a wide array of delicious treats, ranging from an assortment of 
doughnuts to breakfast croissants, and, of course, the traditional 
cinnamon roll.
  It was not long ago when they opened their doors, just in May of 
2022, and they quickly rose to high regard in our communities, earning 
a five-star Yelp rating and national attention in this short period of 
time.
  I have gone by there a few times recently, and I will tell you, Mr. 
Speaker, the line is out the door.
  Therefore, on behalf of California's Third Congressional District and 
the United States House of Representatives, I am pleased to recognize 
Rocklin Donuts & Cinnamon for this outstanding achievement.


                  Recognizing the Downieville Classic

  Mr. KILEY. Mr. Speaker, I rise today to commemorate the silver 
anniversary of the Downieville Classic, a world-renowned annual bike 
race staged in Downieville, California. Before becoming a cherished 
destination for mountain bikers, this historic gold rush town in the 
Sierra Nevada was known mainly for its past notoriety of vigilante 
justice, claim jumping, and boom and bust fortunes.
  Downieville's famous--or inglorious--days, such as they were, were in 
the past until a pioneer of backcountry mountain biking named Greg 
Williams realized that the true treasure of the Sierra Nevada was not 
the gold in the rivers but in the recreational challenges of the 
mountains themselves. Greg's vision was to combine world-class ultra 
biking with spectacular mountain landscapes to revitalize the economy 
of his hometown.
  Letting the mountains dictate the course, Greg and his team designed 
the premier classic point-to-point route as a 26.5-mile black diamond 
lung-busting endurance run from Sierra City to Downieville.
  Riders climb to the 7,469-foot crest of the Sierra Nevada, then 
plunge 5,700 vertical feet along a route of flowing turns, rolling 
jumps, boulder staircases, and river crossings. This ordeal on wheels 
tests both the sturdiness of riders and their bikes.
  Recognizing the challenge of the race and beauty of the course, 
Outside magazine named the Downieville Classic

[[Page H3633]]

one of the 10 best bike races in North America.
  The combination of sustainable recreation, job creation, and world-
famous athletic events has made Downieville a model for the economic 
recovery of struggling mountain communities throughout the Lost Sierra.
  Mr. Speaker, on behalf of the United States House of Representatives, 
I am honored to commemorate the 25-year anniversary of the Downieville 
Classic in recognition of the profound impact the race has had on 
Sierra County and the broader region.
  Mr. Speaker, I yield back the balance of my time.

                          ____________________