[Congressional Record Volume 170, Number 6 (Thursday, January 11, 2024)]
[House]
[Pages H102-H105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  HONORING THE LIFE OF ROBERT R. HREN

  The SPEAKER pro tempore. Under the Speaker's announced policy of 
January 9th, 2023, the Chair recognizes the gentleman from California, 
Mr. Kiley, for 30 minutes.
  Mr. KILEY. Mr. Speaker, I take a moment tonight to share with people 
across America a little bit about the life of an extraordinary person 
from my district, Bob Hren.
  There are so many things I could say about Bob. He was a great friend 
of mine. He had the best sense of humor. He was an extraordinary 
leader, and he was just a great man.
  In the world of politics, you will not find a better man. He was just 
so clearly in it for the right reasons. He believed in this country. He 
wanted to do everything that he could to make his community in Nevada 
County a better place.
  There are so many things I could tell you about Bob that whatever I 
might say would actually pale in comparison to a beautiful tribute that 
was prepared by his wife, Cindy, as well as his friend and associate 
and successor, Mac Young.
  Cindy is a wonderful, wonderful woman who was always by Bob's side at 
events. They were truly a team.
  In addition, Mac worked very closely with him on everything he did in 
Nevada County and is now doing a tremendous job of filling his very, 
very big shoes as the head of the Nevada County Republican Party.
  This is the tribute that was prepared by Cindy and Mac:
  Robert Ralph Hren was an outstanding citizen who dedicated his life 
to making a positive difference in the world. A loving husband of 50 
years and father of two sons, he was a beacon of light for his family 
and community.
  Born in Chisholm, northern Minnesota, on September 19, 1948, and 
passed away peacefully from multiple strokes on September 26, 2023.
  Bob had a way of seeing the goodness and the potential in people. 
Even when facing adversity, Bob gained respect from others for his fair 
and calm manner. He was a mentor and guidance counselor to many. He 
approached life with his dry sense of humor, kindness, determination, 
and forward thinking.
  Bob gained more than 40 years of experience in the electric power 
generation field. He combined his technical expertise as a mechanical 
engineer and legal knowledge with his law degree to work as a project 
development manager for Bechtel Enterprises, Incorporated. He focused 
on the development, construction, ownership, and operation of electric-
generation facilities. He traveled worldwide to develop projects in 
Japan, New Zealand, Brazil, Mexico, Canada, and across the United 
States.
  Bob joined International Generating Company, Intergen, as vice 
president in 1999 and opened an office in Sacramento in 2001 to respond 
to the California energy crisis and develop new power projects. His two 
notable natural gas projects that he legislated and oversaw the 
development of are now bringing power to citizens through Roseville 
Electric and the Ocotillo plant in Palm Springs.
  In 2002, Bob became an independent consultant through his company, 
Vista Enterprises, and brought his expertise to advise solar energy 
companies, such as NextLight and Eight Minute Energy--that is the 
amount of time it takes to receive energy from the Sun.
  He retired from the energy consulting business in 2016 to dedicate 
his time to his family, hobbies, and traveling to favorite destinations 
in the U.S. and abroad.
  Bob loved gardening and was known for growing an abundance of large, 
luscious tomatoes. He would plant up to

[[Page H103]]

98 plants in raised beds, creating a tomato forest. When his wife 
objected after processing them, he said: Okay, I only planted 49 this 
year.

                              {time}  1930

  Bob was passionate about making his award-winning wines that he 
distributed and enjoyed with family and friends. Having sampled some 
myself, Mr. Speaker, I can tell you they are truly outstanding.
  In 2017, Bob was elected chair of the Nevada County Republican Party. 
He dedicated over 6 years to growing the party into what it is today. 
He recruited candidates for local county offices and supported their 
efforts to win. He led fundraising events by organizing and presenting 
dinners and other events to establish the largest reserve fund in our 
local party's history. He recruited volunteers to help at events, 
established a Republican headquarters, and managed the daily 
activities, meetings, and issues of the party.
  Bob was good at managing people, keeping calm and order, even when 
debates became heated. He could subdue controversy in disputes and 
recognized the innate good in people. Bob used his practical experience 
in negotiations with both friends and adversaries to advance the 
prospects for Republican candidates and issues.
  His colleagues at the Nevada County Republican Party knew Bob as a 
thoughtful and reasoned leader who carefully weighed the ramifications 
of each decision. He applied his engineering mindset in planning large 
and impactful projects. His technological mind understood the value of 
digital campaigning for the 21st century. He was a key figure in 
several Statewide initiatives that fundamentally changed the political 
dynamic in California.
  Bob left a legacy that made a positive difference in many, many lives 
and in our entire community. His presence is greatly missed, and his 
legacy will be felt for a long, long time to come.


                      Independent Contractor Rule

  Mr. KILEY. Mr. Speaker, the Department of Labor has just announced 
its so-called independent contractor rule which severely restricts or 
even eliminates gig work, freelancing, self-employment, and alternate 
work arrangements that 70 million Americans have chosen.
  With this unilateral action, the Biden administration has taken a 
sledgehammer to the American workforce putting millions of livelihoods 
at risk. This is not a matter of speculation. We have already seen the 
damage this policy has caused in California.
  Biden's rule is modeled on California's infamous AB 5 law which was 
signed by Gavin Newsom in 2019 and which Newsom's own deputy chief of 
staff called ``one of the most destructive pieces of legislation in the 
past 20 years.''
  Countless livelihoods have been destroyed with the law's victims 
coming from over 600 professions. That is the stark reality, and that 
is what is now in store for workers across the entire country.
  As a warning to those who could see their life's work taken from them 
by this new policy, I wanted to take a few minutes to highlight each 
and every one of those 600 professions, 600 professions that have been 
devastated by AB 5 in California and that the Biden administration is 
now targeting Nationwide:
  3D animators; 3D designers; accompanists; actors; acupuncturists; 
adjunct faculty; adult performers; aerobic instructors; after-school 
program vendors; animal shelter consultants; animal trainers; 
animators; announcers; antique property appraisers; appointment 
setters; architectural designers; architectural rendering illustrators; 
art appraisers; art consultants; art curators; art teachers; art 
therapists; artists; ASL/CDI interpreters; athletic coaches; 
auctioneers; audio engineers; audio mixers; audio techs; audiovisual 
techs; authors; babysitters; ballet companies; ballet dancers; ballet 
musicians; balloon artists; bandleaders; barbershop quartets; 
bartenders, beekeepers; bloggers; boat captains; boat hull divers; body 
painting artists; body piercers; bookkeepers; brand ambassadors; brand 
advertising and design professionals; bubble fairies; bubbleologists; 
bug bounty programs; building inspectors; burlesque dancers; CAD 
designers; cake decorators; cam girls; camera directors; camera 
operators; camera techs; cancer registrars; captioners; caricature 
artists; caregivers; cartographers; cartoonists; casino night dealers; 
casting assistants; casting directors; catastrophe adjusters; caterers; 
celebrity impersonators; certified athletic trainers; childbirth 
educators; children's theater companies; chiropractors; choir 
directors; choreographers; Christmas carolers; churches; 
cinematographers; circus performers; clergy; closed captioners; clowns; 
club industry; college admissions consultants; color guard instructors; 
columnists; comedians; commercial drone pilots; commercial producers; 
community playhouses; composers; computer consultants; computer 
programmers; computer technicians; computer validation; computer 
independent testers; concealed carry weapons instructors; construction 
workers; consultants; content artists; content developers; contract 
reviewers; contract tech writers; contributing editors; convention 
booth installers; convention decorators; copyeditors; copywriters; 
costume designers; costumed characters; counselors; court reporters; 
digital court reporters; notaries; CPR/first aid instructors; creative 
directors; crop dusters; crowd funding specialists; cultural music and 
dance groups; dance studio owners; dance teachers; dance troupes; 
dancers; dental billers; dental consultants; dental technicians; 
deposition reporters; designers; dieticians; digital animators; digital 
imaging technicians; digital marketing consultants; digital marketing 
specialists; directors of operations; disaster cleanup services; DJs; 
dog groomers; dog trainers; doulas; drafters; drag queen performers; 
dress designers; drivers; editors; education counselors; education 
specialists; embroiders; emcees; emergency/disaster response services; 
engineers; entertainers; environmental engineers; environmental 
inspectors; environmental planning consultants; environmental 
technicians; equestrian professionals; ESL teachers; estheticians; 
ethical hackers; event carpenters; event coordinators; event crew; 
event EMT/paramedics; event florists; event planners; event producers; 
event production assistants; event production managers; event riggers; 
event staff members; event technologists; executive coaches; executive 
recruiters; exhibit installation technicians; fabricators; face 
painting artists; family caregivers; farm consultants; farriers; 
festival producers; festivals.

  In film, TV, and presentations you have animators; art directors; 
assistant cameramen; assistant directors; assistant video editors; boom 
operators; cameramen; casting personnel; colorists; composers; 
costumers; COVID compliance officers; crafts services; deck managers; 
dialect coaches; drone operators; editors; electricians; executive 
producers; foley artists; foley engineers; gaffers; grips; 
hairstylists; jib and crane operators; line producers; locations 
scouts; makeup artists; narrators; producers; production assistants; 
production coordinators; production managers; prop personnel; script 
supervisors; script writers; set construction personnel; set designers; 
set medics; sound design artists; sound recordists; special effects 
artists; special effects personnel; stage managers; stunt coordinators; 
stuntmen/women; talent agents; teleprompter operators; transportation 
personnel; visual effects artists; voice teachers; wardrobe artists; 
storyboard artists; digital info technicians; and finally within film 
and TV presentations, directors.
  Also included in the list are finance experts; fire performers; 
fitness instructors; fly fishing guides; food deliverers; forensic 
cleaners; forensic nurses; foresters; franchisee business owners; 
funeral officiants; game developers; genealogists; golf caddies; grant 
researchers; graphic designers; handymen; health coaches; healthcare IT 
professionals; hearing reporters; high school and college sports 
reporters; holistic healers; home health care providers; home health 
rehabilitation therapists; home health social workers; home organizers; 
home school program vendors; home services providers; horse ranches; 
horse trainers; horseback riding instructors; hypnotherapists; 
illustrators; independent filmmaking crews; independent owner-operator 
truckers; indie film documentarians; indie film producers; insurance 
adjusters; insurance brokers; insurance inspectors; interpreters; 
interventionists; IT consultants; IT techs; journalists;

[[Page H104]]

audio journalists, radio journalists, TV; film and theater productions; 
jugglers; keynote speakers; lactation consultants; landscape designers; 
legal support; legal transcriptionists; life coaches; lifeguards; 
lighting designers; lighting directors; lighting technicians; live 
caricaturists; livestreamers; loan agents; loan officers; location 
managers; logging-based owner operators; luthiers (guitar makers); 
magicians; makeup artists; manicurists; mariachi bands; market 
analysts; marketing and ad agencies; marriage and family therapists; 
massage therapists; medical billing specialists; medical models; 
medical transcriptionists; medical translators; meeting and conventions 
planners; mental health professionals; metal fabricators; midwives; 
model builders; models; mold makers; mortgage bankers; mortgage 
brokers; mortgage field inspectors; movement instructors; Mrs. Clauses; 
multimedia artists; museum consultants; museum mountmakers; music 
arrangers; music composers; music contractors; music copyists; music 
directors; music producers; music tour managers; music transcribers; 
musical instrument makers; musical instrument teachers; musical 
theater; musician production crews; casual musicians; church musicians; 
musician headliners at venue with 1,500 attendees; musical theater, 
musicians - not more than once a week at same venue; musicians 
orchestral; musicians symphony; musicians theme parks; musicians 
touring; newspaper delivery carriers; non-profit assistants; notaries; 
nude models; nurse anesthetists; nurse educators; nurse midwives; nurse 
practitioners; nurses; nutritionists; occupational therapists; off-duty 
security; online event producers; online teachers; opera; opera 
companies; opera singers; optometrists; orchestra conductors; orchestra 
managers; orchestrators; PA announcers; paralegals; party planners; 
pattern makers/accessory designers; pediatric therapists; performing 
arts instructors; personal assistants; personal chefs; personal 
property appraisers; personal trainers; pet sitters; pharmacists; 
phlebotomists; photo booth operators; photo digital techs; photo 
editor; photojournalists; photo shoot animal trainers; photo shoot 
assistants (first, second, third); photo shoot digital techs; photo 
shoot hair stylists/groomers; photo shoot location managers; photo 
shoot makeup artists; photo shoot nail techs; photo shoot on-set 
teachers; photo shoot PAs; photo shoot photographer; photo shoot post-
production; photo shoot producers; photo shoot production design; photo 
shoot set construction; photo shoot set dressers; photo shoot wardrobe; 
photo digital techs; photo stylist assistants; photographers; 
photographers' assistants; physical therapists; physiology specialists; 
pianists; piano teachers; picture editors; pilates instructors; pilates 
studios; placenta encapsulators; podcast producers/managers; political 
petitioners; pool cleaners; post-production captioners; premium 
auditors; presentation designers; presentation specialists; press 
photographers; princess parties for children; process servers; 
production assistants; production managers; production runners; 
programmers; projectionists; proofreaders; property inspectors; 
property managers; psychic readers; psychotherapists; public relations 
practitioners; public relations spokespeople; publicists; publishers; 
puppeteers; pyrotechnicians; rabbis; radio engineers; real estate 
appraisers; real estate photographers; real estate stagers; realtime 
captioners; recipe developers; recording studios; recruiters; referees; 
rehab specialists; reiki therapists; reiki/meditation/mindfulness 
teachers; remediators; researchers; resin casters; respiratory 
therapists; rig welders; rural residents; S Corps; safety and loss 
control inspectors; Santa Clauses; Santa's helpers; school picture 
photographers; scopists; screenwriters; seamstresses; seasonal festival 
crafters/performers; security officers; seniors/retirees; set 
designers; sheep shearers; sheetmetal workers; ship dismantlers; 
shorthand reporters--certified; show caller; sign makers; signature 
gatherers; singers; single mothers; small business owners; social media 
managers; social workers (licensed clinical); software developers; 
software product management; sommeliers; songwriters; sound designers; 
sound engineers; sound mixers; sound practitioners; special education 
services; special effects artists; special inspector--construction; 
speech language pathologists; speech therapists; speechwriters; spoken 
language interpreters; spokesmodels; sports psychologists; sports 
registrars; stage directors; stage manager; stagehands; State 
contractors; statisticians; stay-at-home moms; stenographers; stilt 
walkers; story tellers; storyboard artists; strike crews; strike crews 
(theatrical); strippers/exotic dancers; students (college/university); 
studio owners; stunt specialists (auto, combat, water, aerial, 
etcetera); stylists; substitute teachers for private schools; 
subtitlers; summer day camps; survival skills experts; tailors; talent 
agents; talent managers; Tarot card readers; tattoo artists; tax 
preparers; teaching artists; tech support technicians; tech startup 
founders; technical directors; technical writers; telemarketers; 
telephonic interpreters; teleprompter operators; tennis coaches; tennis 
pros; terminal managers; test proctors; testers (independent); theater 
actors; theater companies; theater designers; theater directors; 
theater electricians; theater stage managers; theatrical technical 
designers; timber cruisers; timber fallers; tour guides; tour managers; 
transcribers; translators; travel directors; traveling butchers; 
truckers--independent owner-operators; tutors; TV post producers; 
umpires; vacation rental cleaners; vacation rental site managers; 
variety artists; ventriloquists; venue owners; video crews; video 
editors; video engineers; video game developers; video production 
companies; video switchers; videographers; virtual assistants; virtual 
call center agents; virtual office managers; vocal coaches; voiceover 
artists; wardrobe stylists; web designers; web developers; wedding 
caterers; wedding florists; wedding makeup artists; wedding officiants; 
wedding photographers; wedding planners; wedding stylists; wedding 
videographers; window/door installers; women's self-defense 
instructors; workshop leaders; writers; yacht captains; yoga 
instructors; yoga studios; youth athletic coaches; youth orchestras; 
youth theaters; and YouTube creators.

  Mr. Speaker, those are the 600 professions where people in California 
have had their livelihoods taken from them by AB 5 and where people 
across the United States will have their livelihoods taken from them 
under this new regulation that has just been issued by Joe Biden's 
Department of Labor. In fact, the long and short of it is an economic 
analysis by the Chamber of Progress shows that the full-time or part-
time jobs that between 3.2 and 3.8 million independent contractors 
could be lost because of this new rule.
  That is equivalent to roughly one-half of the jobs lost in the Great 
Recession, and up to 70 million Americans who engage in independent 
work could be negatively affected and lose the workplace flexibility 
that they have chosen.
  Now, because AB 5 is so toxic, there has been an effort to try to 
disassociate this new rule from AB 5 by saying: No, this is not the 
same thing.
  In fact, Julie Su, when she testified before our Education and 
Workforce Committee, when I asked her if AB 5 was a good law, she 
couldn't even say one way or the other even though she herself was the 
architect and chief enforcer of that law.
  Nonetheless, the reality is this: We know that the independent 
contractor rule just announced by the Biden Labor Department is 
designed to do the exact same thing as AB 5.
  How do we know that?
  First, President Biden has cited AB 5 expressly as his ``model'' for 
labor policy nationwide. Second, Biden tried to get the exact language 
of AB 5 through Congress with the PRO Act and only resorted to agency 
rulemaking when that failed.

                              {time}  1945

  Third, the factors set forth in the independent contractor rule are 
plainly designed to mimic AB 5 as closely as possible while giving the 
enforcer of the rule maximum discretion to enforce it as they see fit.
  Fourth, and perhaps most tellingly, Biden has nominated the architect 
and chief enforcer of AB 5 itself, Julie Su, elevating her from her 
State role in California to be his Secretary of Labor and enforce the 
new independent contractor rule.
  Biden, in fact, is so desperate to nationalize AB 5 that he has even 
lawlessly installed Julie Su as permanent

[[Page H105]]

Acting Secretary despite the Senate rejecting her nomination.
  Once more, the damage from this rule would be even more far-reaching 
than AB 5, not just in terms of the scale and scope of a nationwide 
policy but also because AB 5 contained many exceptions. Well over a 
hundred professions were exempted from being subject to the law. There 
are no such exceptions in the new DOL rule, meaning many more 
professions will be ensnared.
  We are going to fight this new rule in every way that we can. First, 
as soon as the rule gets transmitted to Congress, which will be any day 
now, I am introducing legislation under the Congressional Review Act to 
nullify it. This is a fast-track procedure by which Congress can 
override a rule imposed by an executive agency.
  Second, I have secured language in the base text of the Education and 
Labor appropriations bill providing that no funds may be spent by the 
Department of Labor to enforce the rule. That would effectively render 
it a dead letter.
  Third, I have joined with Representative Elise Stefanik to author the 
Modern Worker Empowerment Act, which creates a clear definition and 
standard across Federal laws to protect independent workers.
  Fourth, I have introduced the Department of Labor Succession Act, 
which has already passed the Education and the Workforce Committee, to 
stop Julie Su, the architect of AB 5, from continuing to act as 
Secretary of Labor despite the Senate rejecting her nomination.
  Fifth, I expect there will be legal challenges to the new rule, based 
both on the dubious legality of Su remaining in power and the overly 
broad nature of the rule itself.
  Finally, as the chair of the House Subcommittee on Workforce 
Protections, I will continue to conduct rigorous oversight of the 
Department of Labor, and we will do everything possible to protect 
workers against overreaching policies, which is going to become 
especially necessary now because we know the way that Julie Su handled 
AB 5.
  She even previewed it. This is what she said after the law had been 
signed, but before it went into effect. Su said: ``We will be doing 
investigations and audits.'' She threatened fines and penalties so 
that, and this is a quote, ``those who want to comply with the need to 
reclassify can do so and those who don't will understand that is not 
the kind of economy we want in California.''
  ``Not the kind of economy we want in California.'' Julie Su didn't 
want an economy in California where you can pursue your calling, 
support your family on your own terms, and thrive. She doesn't want 
that for America either. That is why Joe Biden has selected her for 
Secretary of Labor, to wage his war on independent contractors.
  Our committee has a very different vision for the American workforce. 
We believe in promoting work and supporting workers. We believe 
independent contractors are critical to the 21st century economy. We 
will protect the freedom of Americans to earn a living as they choose. 
We will fight every effort to take that right away.
  Mr. Speaker, I yield back the balance of my time.

                          ____________________