E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, WEDNESDAY, NOVEMBER 8, 2017 No. 182 House of Representatives The House met at 10 a.m. and was in every corner of the island like me- One of the things I was doing in called to order by the Speaker pro tem- tallic coquis, are running ragged from Loiza was bringing money to get them pore (Mr. BACON). overuse. started, raised by the Puerto Rican f In many places, the water is not on Agenda in Chicago from the people of because the power is not on to pump it, Chicago. Individuals in Chicago are in- DESIGNATION OF SPEAKER PRO and drinkable water mixes with sewer vesting in the well-being of people in TEMPORE water all over the island. As you can Loiza. They have never met them, but The SPEAKER pro tempore laid be- see from this picture, people are tap- they are investing in them. fore the House the following commu- ping mountain springs and, in this They are not calling in expensive nication from the Speaker: case, are using it mostly for laundry, contractors or companies from Mon- WASHINGTON, DC, thank goodness, because the mountain tana, and they are not waiting for the November 8, 2017. water in many cases is contaminated folks from FEMA or the U.S. military. I hereby appoint the Honorable DON BACON from humans and animals. They are not waiting for Donald Trump to act as Speaker pro tempore on this day. This man is a police officer, first re- to grant Puerto Ricans a little more PAUL D. RYAN, sponder, but he is learning to make do time now that he has made it clear Speaker of the House of Representatives. just like every other Puerto Rican fam- that he will not personally give them f ily. Everywhere you go, you see Puerto his grade A help forever. Nope. The MORNING-HOUR DEBATE Ricans making do. people of Chicago are getting help to So think about your life without the people of Puerto Rico before any The SPEAKER pro tempore. Pursu- power, cell service, water, lights, fans, official resources are coming to their ant to the order of the House of Janu- in some cases food. Imagine the dialy- rescue. ary 3, 2017, the Chair will now recog- sis patient or the elderly man in an It boggles the mind that it has come nize Members from lists submitted by electric wheelchair who uses oxygen to this. the majority and minority leaders for tanks to breathe. I met those people in Here is another more difficult case. A morning-hour debate. Puerto Rico. bridge and a road were washed away by The Chair will alternate recognition How do you get to physical therapy the storm. This is near Jayuya, Puerto between the parties. All time shall be or regular prenatal visits when there Rico, but it could be almost anywhere equally allocated between the parties, are still roads and bridges that have on the island. More than 6 weeks after and in no event shall debate continue simply vanished? the storm and nothing, not even orange beyond 11:50 a.m. Each Member, other On the one hand, when I am in Puer- cones or a guardrail to keep people than the majority and minority leaders to Rico, I am confronted by the very from driving off into danger. and the minority whip, shall be limited best of mankind, the people who are If you live up the side of this hill, to 5 minutes. helping strangers, feeding their neigh- you are not going anywhere any time f bors, and pitching in wherever they soon until something changes, because the Army Corps of Engineers has de- PUERTO RICO 6 WEEKS AFTER can. On the other hand, when I am in cided just to not show up and are miss- HURRICANE MARIA Puerto Rico, I am confronted with the ing in action. The SPEAKER pro tempore. The human tragedy of people who, like all Mr. Speaker, I should not have to Chair recognizes the gentleman from of us, depend on the government for give this speech almost 2 months after Illinois (Mr. GUTIE´ RREZ) for 5 minutes. basic assistance and help after a major the storm. We should have accom- Mr. GUTIE´ RREZ. Mr. Speaker, Mon- disaster and have received nothing. plished much more. The people of Puer- day I returned from my third trip to Yes, the damage is massive, but there to Rico pretty much understand that Puerto Rico since Hurricane Maria dev- is no task Americans cannot accom- President Trump doesn’t want to help astated the island almost 2 months plish if we put our minds and backs them and really doesn’t care. ago. into it. The passports and documents that I wish I could report that a lot of Mr. Speaker, this is the Head Start they have that say citizens of the progress is being made, but I can’t. It building in Loiza. As you can see, the United States should have been printed is still a disaster, and it is a stain on roof is torn up and there is metal with small print that says: Yes, Puerto the reputation of the United States of sheeting that was blown around. The Ricans are citizens of the U.S. for the America. people in Loiza are forming a brigade purposes of being drafted and going to Most places don’t have power. Gen- to rebuild the structure so they can re- war, but not when it comes to being erators, the sound you hear humming open the Head Start building. helped.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Sep 11 2014 23:39 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.000 H08NOPT1 H8600 CONGRESSIONAL RECORD — HOUSE November 8, 2017 Puerto Ricans are coming to grips structured in a 12-week course for vet- ester, New York, who came to Selma to with how little they can expect from erans and their spouses to share their provide education and social ministry. the President and his administration. struggles and to begin the healing The Sisters of Saint Joseph started St. They are finding ways to make do, process. Elizabeth’s School in 1941 and the Holy just as the people of Chicago are mak- Many of our vets suffer in the form of Infant Inn, a nursing home, in 1943. ing do by sending their own help in anger, anxiety, depression, social with- In 1944, the Edmundites purchased their own way. It shouldn’t have had to drawal, and, most tragically, too often, the Selma Good Samaritan Hospital, a come to this, but it has. suicide. rundown infirmary for African Ameri- Puerto Ricans are learning to make The REBOOT Combat Recovery pro- cans, and the sisters set out to trans- do, just like these two young women gram is free. It has more than 50 loca- form that facility into a modern-day who are getting married on the beach tions in 23 States and more than 1,600 one. They established the Good Samar- in Vega Alta, Cerro Gordo. I met them. graduates. REBOOT communities are itan School of Nursing, the first med- They let me take this picture. safe, private, and mostly led by vet- ical training program for African- Life goes on, even when the govern- erans. American women in the area. ment has turned its back on them. As we honor our veterans this week- Then, in 1947, Father Nelson Ziter end, let us remember that every vet- f launched the Don Bosco Boys Club, eran’s story is different. Let us help named after the patron saint of youth VISITING PREGNANCY RESOURCE them find the answers to heal and to work. For the next 19 years, until 1966, CLINIC DURING NATIONAL ADOP- recover from the effects of war. the Don Bosco Boys Club helped hun- TION MONTH f dreds of young Black youth prepare The SPEAKER pro tempore (Mr. HONORING 80TH ANNIVERSARY OF and win financial assistance needed to NORMAN). The Chair recognizes the THE EDMUNDITE MISSIONS attend college. Father Ziter devoted gentleman from Pennsylvania (Mr. countless hours and days to ensuring THOMPSON) for 5 minutes. The SPEAKER pro tempore. The Chair recognizes the gentlewoman from the success of every youth who came Mr. THOMPSON of Pennsylvania. into the program. Alabama (Ms. SEWELL) for 5 minutes. Mr. Speaker, earlier this week, I had On a personal note, I can attest to the opportunity to visit the Pregnancy Ms. SEWELL of Alabama. Mr. Speak- er, I rise today to celebrate the 80th the transformative power of the Don Resource Clinic in State College, Penn- Bosco Boys Club. My dad, Andrew A. sylvania, Centre County, Pennsylva- anniversary of the Edmundite Missions at Our Lady Queen of Peace Catholic Sewell, and many of his close friends nia’s Fifth Congressional District. credit the support, love, and guidance The Pregnancy Resource Center is Church in Selma, Alabama. For 80 years, the Edmundite Missions of Father Ziter for changing the trajec- the only community-funded medical has faithfully served poor and under- tory of their lives. My dad and many of clinic in State College that specifically privileged communities throughout the his teammates received athletic schol- addresses unplanned pregnancy in a Deep South. The Edmundite Missions arships to Historically Black Colleges, Christ-centered atmosphere. Through is rooted in the Gospel of Jesus Christ becoming the first generation of col- education and encouragement, the and focuses on providing food, clothing, lege graduates in that area. Pregnancy Resource Center empowers and shelter to poor and marginalized The club and its ministry helped to both men and women to make informed children and families, young adults, break the cycle of poverty for these Af- life choices. and seniors of all faith traditions. rican-American boys such that they be- Mr. Speaker, I had the opportunity While the Edmundite Missions in came teachers, doctors, lawyers, and to meet with Executive Director Jenny Alabama is headquartered in Selma, even priests. Summers and many members of the their outreach area includes the Ala- The Sewell family is forever indebted Pregnancy Resource Center staff to bama counties of Butler, Dallas, for the generous support and assistance see, firsthand, the important services Lowndes, Monroe, Perry, and Wilcox, the Edmundite Mission has given the that it provides to the region. as well as New Orleans, Louisiana. communities of Selma and throughout The Pregnancy Resource Center, im- The inspiring story of the Edmundite the Black Belt for over 80 years. portantly, upholds the sanctity of life. Missions began with a call to action The Edmundites found themselves It encourages clients to continue the when, in 1936, Pope Pius XI appealed to the center of controversy during the pregnancy to full term rather than the Society of St. Edmund to go min- 1960s when they were the only Whites choosing abortion for their unborn ister to the African Americans of the in Selma who openly supported the child. Deep South. voting rights movement. During the Mr. Speaker, this is always impor- The Edmundites responded by select- 1950s and 1960s, the mission and its tant, but even more so this month dur- ing two young priests, Father Casey priests and sisters worked with Selma’s ing National Adoption Month. Each and Father Paro, to take on the assign- Black and White leaders, its business year, loving families adopt thousands ment. They wrote to the bishop, Thom- community, and its White ministers to of children and provide them with the as Toolen of Mobile, who invited them open the lines of communication be- love and support of a family and their to set up a ‘‘colored mission’’ in Selma. tween the races. forever home. When Fathers Casey and Paro arrived During the march from Selma to I commend the Pregnancy Resource in Selma on July 6, 1937, they discov- Montgomery, the Edmundites, led by Center for the essential services it pro- ered thousands of people living in ex- Father Ouellet, played a very critical vides and celebrate the gift of adoption treme poverty, similar to that of a role. On March 7, 1965, the brutal con- to both children and parents alike. Third World country. In response, they frontation at the Edmund Pettus REBOOT COMBAT RECOVERY began their outreach by conducting Bridge caught the attention of the Na- Mr. THOMPSON of Pennsylvania. door-to-door evangelism in the Black tion. Scores of wounded marchers Mr. Speaker, on Saturday, the Nation community and building a small chap- poured into the emergency room at celebrates Veterans Day, a day where el, St. Elizabeth’s Mission. Initially, Good Samaritan Hospital, where doc- we honor all those who have served in they were met with skepticism by both tors, nurses, and sisters worked around the Armed Forces. the Black and White communities in the clock to address their medical As we pay tribute with ceremonies Selma, but their services to the poor needs. and parades, we must remember that gradually won them the respect of both Good Samaritan Hospital won na- freedom is not free. Many of our vet- races. tional praise for its treatment of the erans live with the effects of war long The work of the Edmundite Missions victims of the infamous Bloody Sunday after they have been discharged. helped to transform the communities confrontation, including providing Mr. Speaker, I recently had the op- of Alabama’s rural Black Belt during medical treatment, Mr. Speaker, to our portunity to learn about a group that some of the most turbulent times of beloved colleague, Congressman JOHN is helping combat veterans heal the race relations in American history. LEWIS. wounds of war. REBOOT Combat Re- In the 1940s, the mission welcomed Father Ouellet left Selma in June of covery is a Christian-based program the Sisters of Saint Joseph from Roch- 1965 on the orders of the Archbishop of

VerDate Sep 11 2014 23:39 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.002 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8601 Mobile. When he left, he was given a Armed Forces, especially today, be- We almost got the vote on the House standing ovation by his parishioners. cause all who serve are volunteers. floor when we were paired with Utah, a The citizens of Selma and the sur- Only one group of taxpaying volun- Republican State. And the only reason rounding Black Belt counties have teers who serve in our Armed Forces we don’t have that vote on the House come a long way since 1937, and I ask serve without a vote, and they are the floor now is that there was an attach- my colleagues to join me in celebrating veterans who reside in the Nation’s ment to the bill that tried to eliminate the 80th anniversary of the Edmundite Capital. They have no final vote on all the gun laws of the District of Co- Mission and in recognizing its many this House floor, though, of course, I lumbia. Absurd. But we had to leave contributions. vote in committee. They are not fully the bill on the table. May the glory of the Edmundites recognized as American citizens, al- The Founders faced a unique situa- Mission continue to grow and prosper though the District of Columbia is one tion when they created the District of for years to come. of the oldest jurisdictions in the United Columbia as their Capital, but they States. f tried an 18th century remedy that the D.C. veterans, therefore, are at the country has long outgrown. The Na- b 1015 front of the line, demanding the vote in tion’s Capital must not be under the Congress and other rights granted only HUMANITARIAN CRISIS IN YEMEN thumb of the national government, to residents of States. with citizens left without their equal The SPEAKER pro tempore. The I thank the Members of this body rights. Chair recognizes the gentleman from who have cosponsored my bill to make We must erase the slander that the Tennessee (Mr. DUNCAN) for 5 minutes. the District of Columbia the 51st State. Framers of our country who went to Mr. DUNCAN of Tennessee. Mr. Each year we have beat last year’s war on the slogan of ‘‘No Taxation Speaker, there is a heartbreaking record in cosponsors. Today I have in- Without Representation;’’ that they photo in today’s Washington Post troduced a statehood resolution in trib- would want to leave any Americans showing two small boys, toddler-size, ute to the District of Columbia’s 30,000 who paid taxes without equal represen- in a hospital in Yemen being treated veterans as Veterans Day approaches tation in the United States, and espe- for cholera. The story says the Inter- on Saturday. cially on this floor and in the Senate. The residents of your Capital City national Red Cross is now being prohib- We will bring our statehood bill to have never hesitated to serve or give ited by the Government of Saudi Ara- the floor as soon as it is allowed. On up their lives in war for their country. bia from shipping chlorine tablets into this Veterans Day, I ask that we bring They have died for their country with- Yemen to treat this disease that has our D.C. statehood bill to the floor. Do out a vote in disproportionate num- now affected more than 900,000 people it for District residents. But on this bers. there. Veterans Day, I ask that you do it for This is a humanitarian crisis of the World War I, more casualties than three States; World War II, more cas- the 30,000 veterans who have served first magnitude and it should not be you, who have served their country, tolerated. Many people are dying. Most ualties than four States; Korean war, more casualties than eight States; the and who deserve equal rights in each of the victims of this disease are and every respect. women, children, and senior citizens. Vietnam war, more casualties than ten In yesterday’s American Conserv- States of the Union. f ative magazine, Daniel Larison wrote: There have been three votes to go to RECOGNIZING THE MEN AND ‘‘The Saudi-led blockade of Yemen has war since I have been a Member of Con- WOMEN OF THE NEBRASKA NA- been starving the population of essen- gress: the Gulf war, the Iraq war, the TIONAL GUARD tial goods for years, but the complete Afghanistan war. I have gone to Arlington National The SPEAKER pro tempore. The shutdown of all ports threatens to Cemetery to comfort bereaved families Chair recognizes the gentleman from cause massive loss of life if it is not re- from the District of Columbia who died Nebraska (Mr. BACON) for 5 minutes. versed immediately.’’ in those wars. The tragedy of their sac- Mr. BACON. Mr. Speaker, I rise to The head of the U.N. World Food Pro- rifice is deepened because these men recognize the men and women of the gramme is warning that hundreds of died securing the vote for others in Nebraska National Guard. Whether it thousands of children in Yemen will be those nations, while they did not have is a natural disaster in Nebraska or ‘‘on the brink of starvation if the the vote for themselves in their own elsewhere in the United States, or Saudi-led coalition’s blockade of air, nation. doing combat operations in the Middle sea, and land access lasts for even 2 The only remedy to make our vet- East, the Nebraska National Guard is weeks.’’ erans whole is to give statehood to willing and ready to assist those in David Beasley, of the U.N., told the their city. The special urgency of our need and are poised to fight our Na- Associated Press, if access remains demand for statehood this Veterans tion’s wars. shut down, ‘‘I can’t imagine this will Day is particularly pointed up by the The Army National Guard has ap- not be one of the most devastating hu- fact that, for years now, District of Co- proximately 3,500 soldiers stationed manitarian catastrophes we have seen lumbia residents have been number throughout Nebraska, and the Air Na- in decades.’’ one, per capita, in taxes paid to sup- tional Guard has approximately 950 air- Mr. Speaker, Saudi Arabia is sup- port the Government of the United men. Joining us today in Washington posed to be an ally of ours. Those of us States. Understand that, number one are 60 of those soldiers and airmen. in Congress should demand, urge, or at above all the other States in taxes The Nebraska National Guard is least plead with officials in Saudi Ara- paid, all without a vote. That outsize made up of selfless and courageous men bia to end this very cruel, inhumane contribution, yet no vote on this House and women who continue to make Ne- blockade, and allow the Red Cross to floor, no Senators in the other body. braska and the Nation proud through get crucial food, medicine, and other That is not even a vote on D.C. mat- their rescue and assist efforts and dur- supplies in to these people before many ters. D.C. matters, some of them, have ing times of crisis. more die needlessly. to come to this floor. The D.C. appro- The Army National Guard has over 80 f priation, even though D.C. residents units throughout Nebraska. These raise more than $7 billion, not $1 of it guardsmen are also called citizen sol- STATEHOOD FOR WASHINGTON, is Federal money, yet the city’s appro- diers and they respond to national dis- D.C. priation comes to this floor. asters in the State and around the Na- The SPEAKER pro tempore. The D.C. laws, sometimes on abortion or tion. Chair recognizes the gentlewoman from guns, are rather controversial matters, There are two Air National Guard the District of Columbia (Ms. NORTON) but we don’t bother the States when units in Nebraska: the 155th Air Re- for 5 minutes. they do the same thing, and we cer- fueling Wing in Lincoln and the 170th Ms. NORTON. Mr. Speaker, Saturday tainly should have nothing to say when Group located at Offutt Air Force Base. is Veterans Day. That is the day we set the residents of the District pass laws The 155th Wing is responsible for re- aside to revere those who served in our of their own. fueling aircraft worldwide, while the

VerDate Sep 11 2014 23:39 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.004 H08NOPT1 H8602 CONGRESSIONAL RECORD — HOUSE November 8, 2017 170th Group provides support to the cine, proper healthcare services, houses ple, but what I quickly discovered was 55th Wing by training airmen con- with roofs blown off or infested with that, despite how many antibiotics or ducting worldwide missions for our Na- black mold, and leptospirosis out- bottles of IV fluids that I had, without tion. breaks across the island. proper nutrition, without proper water In addition, they have become a pre- Laura Maceri, a registered nurse, and sewage treatment, I was simply mier example of total force integration said: ‘‘It’s hell there. The people have running into a headwind in a war that between the Active Duty Air Force and nothing, yet they are the first to offer I could never win. the Air National Guard. In my 30 years you the shirt off their back.’’ Unfortunately, across the globe, in the Air Force, this is the best Active Another nurse, Hau Yau, expressed: there are almost 1 billion people who Duty and National Guard relationship ‘‘We couldn’t believe this is part of the suffer from malnutrition, and it is a that I have seen. I think it is the best United States. We did home visits in problem that doesn’t exist just across in the Nation. low-income communities with the pub- the world. It also exists in my own dis- Since September 11, the Nebraska lic health liaisons there who identified trict, in my own communities. We National Guard has deployed over those in need, and helped them do basic think that actually about 12 percent of 10,000 soldiers and airmen. The guards- blood pressure checks, blood sugar the United States households have food men not only provide assistance to the checks, to refill their medicine, et insecurity issues, and, in households United States, but throughout the cetera. They have already had chronic with children, the number goes up to 16 world. There are dozens of Nebraska diseases going on, and now their envi- percent of food insecurity issues. soldiers deployed to Guantanamo Bay ronment is full of hazardous materials, It would be my opinion, without this supporting detainee operations. Next and the sanitation is very, very poor.’’ hierarchy of needs being met, the hier- year, the Nebraska Air National Guard From another nurse, Erin Carrera: archy of the needs of proper water, will deploy to key locations in the Pa- ‘‘Spent the day in Rio Grande, a hard- proper sewage, and proper nutrition, cific and Middle East. hit area right outside of San Juan. No that you will never have a healthy Most recently, members of the Ne- power or water here since Maria. We community. Without a healthy com- braska National Guard deployed to set up a clinic at the FEMA site for the munity, you will never see economic Texas, Florida, Puerto Rico, and the first time here. People lined up blocks growth. U.S. Virgin Islands to assist with the since 10 p.m. last night. But FEMA was This battle against malnutrition is hurricane relief efforts. only handing out papers—papers, which long running. In recent years, many in The Nebraska National Guard res- need to be filled out in order that they the hunger community have recognized cued 461 people and 22 pets, and they may receive some reimbursement even- the value of fighting malnutrition in served 6,000 pounds of bottled water, tually. Each person received a small targeted ways. One way was popular- 3,000 pounds of food, and 1,000 pounds of bottle of water, a mini bag of Cheez-It ized by Roger Thurow in his book, medical supplies to the people of and a little pack of vanilla cookies. ‘‘The First 1,000 Days: A Crucial Time Texas. Outrageous. We were able to provide for Mothers and Children—And the In response to Hurricane Irma, 102 care to some, not nearly enough, but World.’’ Guard members were in Florida pro- one small contribution to this tragedy Research shows that good nutrition viding an aviation task force for sup- today.’’ actually begins before conception. port operations. Currently, there are 58 Another nurse said: ‘‘Today we went Good nutrition starts before concep- soldiers and airmen providing support to a town called Barranquitas. They tion, continues throughout the wom- to the Virgin Islands and Puerto Rico. had almost no water or food there. an’s pregnancy, and, especially, those These efforts range from rescuing peo- They were desperate. They are relying first 2 years after a child’s birth are ple to cleaning up St. Croix’s Ricardo on rainwater. One million chickens very important. Richards Elementary School. died during the storm and are now de- As a practicing obstetrician for 25 The Nebraska National Guard’s value composed and causing people to get years, I see over and over the impact of to Nebraskans and Americans across sick. Overwhelming is the only thing I proper nutrition. Proper nutrition in the Nation cannot be understated. Our can say to describe it.’’ those first 1,000 days starts with a well- soldiers and airmen risk their lives to Mr. Speaker, I stand with these balanced diet and adequate calories. save our neighbors in need. nurses in their demands to address the Additionally, we always try to start I thank the Nebraska National Guard humanitarian crisis on the island of our prenatal vitamins at least 3 for their service to the Nation and Ne- Puerto Rico. This administration must months before conception. braska. All Nebraskans are proud of respond immediately. You might ask: Why is that impor- their service. We need to waive FEMA’s cost-shar- tant? What we have found is that if ing requirements in Puerto Rico. Yes- f there is adequate folic acid in a wom- terday, Representative GUTIE´ RREZ and an’s body, along with adequate iron, it ADDRESSING THE HUMANITARIAN I introduced the WEPA legislation—the decreases birth defects, and it de- CRISIS IN PUERTO RICO Waiver of Emergency Payments Act— creases premature birth and low birth The SPEAKER pro tempore. The that chooses and aims to do exactly weights. Specifically, folic acid de- Chair recognizes the gentleman from that. creases neural tube defects. So those New York (Mr. ESPAILLAT) for 5 min- f two vitamins are particularly impor- utes. b 1030 tant that we continue in these diets Mr. ESPAILLAT. Mr. Speaker, I rise preconceptually, during the pregnancy, today, marking the 48th day since Hur- PROPER NUTRITION FOR then after for at least the first 2 years. ricane Maria made direct landfall on EVERYONE A child that receives the proper 1,000 the island of Puerto Rico. The SPEAKER pro tempore (Mr. days of nutrition has a lower chance of Wreaking havoc for over 3.4 million ADERHOLT). The Chair recognizes the obesity, heart disease, and chronic ill- American citizens living on the island, gentleman from Kansas (Mr. MAR- nesses. The child is 10 times more like- this administration’s response has been SHALL) for 5 minutes. ly to overcome serious childhood ill- beyond atrocious. I witnessed it myself Mr. MARSHALL. Mr. Speaker, I rise nesses and is more likely to fulfill a couple of weeks ago, and so did a today to talk about nutrition and, their full God-given potential. group of 50 registered nurses from more specifically, malnutrition. My What we know and understand is that across the country who volunteered for family and I have traveled across the the most vulnerable will succumb to a two-week disaster relief fund and country doing mission work, from the viruses, whether it is the elderly or the mission. poorest country in this Western Hemi- infants, if they don’t have proper nutri- What these courageous women de- sphere, Haiti; to the plains of Kenya; tion. An investment during this crit- scribed upon returning was not at all across Mexico; and throughout Central ical time period, these first 1,000 days, reassuring. The lack of efficient action America. not only impacts the development of has led to deadly conditions and con- On those trips, I went there as a phy- the child, but results in a higher likeli- sequences: lack of food, water, medi- sician thinking that I could help peo- hood of healthiness in generations to

VerDate Sep 11 2014 23:39 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.006 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8603 follow, allowing the benefits of ade- Mr. AL GREEN of Texas. Mr. Speak- REFORMING OUR TAX CODE quate nutrition to compound over er, I rise because I love my country. The SPEAKER pro tempore. The time. Mr. Speaker, because I love my coun- Chair recognizes the gentleman from As we in Congress begin to consider try, I rise to thank those who voted to North Carolina (Mr. BUDD) for 5 min- the reauthorization of the new farm reject bigotry, racism, xenophobia, eth- utes. bill, we have been reviewing many pro- nocentrism, sexism, and hatred in all Mr. BUDD. Mr. Speaker, reforming grams targeting hunger and of its forms, Mr. Speaker. I rise to our Tax Code isn’t an easy thing to do. malnourishment. These programs allow thank them for what they did when If it was, we would have done it at our State governments and nonprofits they voted to reject these things. some point in the last 30 years. But to promote nutrition and assist in pro- Mr. Speaker, because I love my coun- here is the reality: because of high- viding food for women and children, try and because I cannot accept these powered lobbyists and special interests both here at home and around the within a 5-mile radius of this body, we things, I refuse to accept hatred. I globe. I am especially proud of the have failed, time and time again, to do refuse to acquiesce to any forms of big- McGovern-Dole International Food for what is right for the hardworking otry. Mr. Speaker, because I rise to re- Education program, but what we, of American taxpayer. ject these things, I now announce that course, call in Kansas the Dole-McGov- But in the coming weeks, however, before Christmas there will be a vote ern International Food for Education we have a rare opportunity to finally on the chief inciter of racism, bigotry, program. deliver a tax bill that puts working hatred, xenophobia, sexism, ethno- This program has provided over 44 families first by passing the Tax Cuts centrism; there will be a vote in the million people in low-income, food-de- and Jobs Act into law. U.S. House of Representatives, Mr. ficient countries across the world with First, let me address the fact that Speaker, on the impeachment of the a meal during the school time to help there are certain provisions within this President. those kids do better in school. This is bill that some of my colleagues and I made possible by donations from the Mr. Speaker, this vote will take place might differ on. That will always be U.S. agricultural products and the before Christmas because there still is the case. But instead of bickering, I kindness of Americans. a need for the public to weigh in. I an- urge my colleagues not to look at Food for Peace is another lifesaving nounced earlier this year, I called for things in a vacuum and, instead, evalu- food assistance program that, for more the impeachment of the President ate it by asking ourselves three impor- than 60 years, has helped tens of mil- right here on the floor of the House. tant questions. lions of people get enough to eat Since that time, I have read Articles of The first question we should ask is: through emergency development and Impeachment. These Articles of Im- Does this bill cut taxes for the vast majority of hardworking American nutritional support programs. peachment have been circulated, and Not only do these programs provide we are giving people an opportunity to families? The answer to this question the food necessary to help these coun- respond. is yes. Studies already show that if this tries provide good nutrition for women bill passes, a typical family of four Momentum is building, Mr. Speaker. making around $60,000 will see nearly a and children, they benefit U.S. na- The momentum is building. More peo- $2,000 tax cut. tional security and foster goodwill. ple favor impeachment than not. Mo- Let’s think for a second what this Lending a helping hand to those mentum is building. People should money could be used for. Instead of giv- around the globe is a classic American weigh in. They should let others know ing it to the Federal Government, fam- value, but assisting those here at home how they feel about impeachment. ilies could spend it on their children, is an absolute priority. This is being They should let others know how they they could put it in savings, or they achieved through the special Supple- feel about the chief inciter of all of could even pay off their debts. Presi- mental Nutrition Program for Women, these ugly actions by way of persons dent Trump promised working families Infants, and Children, the WIC program responding to the chief inciter. around the country a tax cut. And if as most of us have called it. I have got Mr. Speaker, today, I am proud to this was put on his desk tomorrow, such great, firsthand experience in see- that promise would be delivered. ing how important this WIC program is say this vote will take place, but I am also proud to say something else. I am This leads us to the second question to pregnant women and breastfeeding we should ask ourselves: Would this women. It is not only the vitamins proud to say that I am an American, and while I have been told that there bill bring back jobs from overseas? The that we give them, but it is the extra answer to this question, like the first education that we give them to help are political consequences for what I will do, I accept the consequences. I ac- one, is also yes. By cutting the cor- raise their children in a healthy envi- porate tax rate to below the global av- cept the consequences because I was ronment. erage and making other necessary re- not born in Congress. I wasn’t born to So we need to provide Federal grants forms on the business side, this bill be a Congressman. I am a child of God. to these States through the WIC pro- would make us competitive with our gram that are used to provide food sup- Mr. Speaker, I refuse to come to Con- foreign competitors and encourage plements and nutritional education to gress and acquiesce to bigotry and ha- business to be done here instead of low-income mothers and babies. Nutri- tred. I am proud to announce that this abroad. tion is so critical for these first 1,000 vote will take place and people will be Job creators, both large and small, days, it goes far beyond anything that able to vote to table the Articles of Im- have been coming out in support of this I can say or any statistics I can quote. peachment. They will be able to vote to bill. Companies as big as UPS and As we continue to strive for improved reject them, or support them, or they AT&T, to small businesses right in national global health, the importance will be able to vote to send them to a North Carolina, have said that reform- of these first 1,000 days should not be committee. ing our Tax Code will make it easier underemphasized. Whatever others will do is their for them to create more good-paying The United States has an oppor- choice. My conscience dictates that I jobs, and we should listen to them. tunity to make a global statement in This takes us to my last question will vote to impeach. Let others do advancing this initiative. No matter that we should all ask: Would this bill what they may. History will judge us where you are in the world, you can be simplify the tax filing process for all. I pray, Mr. Speaker, that this coun- assured that community health, eco- working families next year and in try will continue to reject what the in- nomic growth, and quality of life be- years to come? The answer to this, as citer in chief, Donald J. Trump, has gins with good nutrition. well, is yes. been causing this country to have to f Mr. Speaker, one of the most striking endure. statistics that I have seen with my MOMENTUM IS BUILDING The SPEAKER pro tempore. Mem- constituents and people all around the The SPEAKER pro tempore. The bers are reminded to refrain from en- country is that they spend more than Chair recognizes the gentleman from gaging in personalities toward the 10 hours a year doing their taxes. Be- Texas (Mr. AL GREEN) for 5 minutes. President. cause of the many different forms they

VerDate Sep 11 2014 23:39 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.008 H08NOPT1 H8604 CONGRESSIONAL RECORD — HOUSE November 8, 2017 have to fill out, recordkeeping, and tax Instead, this bill asks Americans to Reverend Graham has served as a planning that they have to do, Ameri- scrape their bank accounts so that the spiritual adviser to political and faith cans are rightfully demanding a much Trump administration can turn around leaders here in the United States and simpler process. By doubling the stand- and use that money to give to the throughout the world. In the 1950s and ard deduction, collapsing the rates, and wealthiest among us and make them 1960s, he joined Dr. Martin Luther closing special interest loopholes, even wealthier; so that they can make King, Jr., for integrated crusades. In Americans will experience a much sim- tax cuts for corporations permanent later years, he delivered invocations at pler process when filling out their but abandon American workers after a the inaugurations of four American taxes. few years; so that they can multiply Presidents. In 1983, President Ronald I know how stressful this process can dividends enjoyed by the 10 percent of Reagan awarded Reverend Graham the be for many back home, and I am a Americans who own the vast majority Presidential Medal of Freedom, which firm believer that the last thing you of our Nation’s stocks while everyone is our Nation’s highest civilian honor. should do is worry about navigating else gets left behind; so that they can Reverend Graham now resides where our broken Tax Code. blow a hole in our Federal deficit that he has resided most of his life, in Mr. Speaker, I posed three questions, again—make no mistake—working and Montreat, North Carolina, where I have and the answer to all three was yes. So middle class families will be forced to the honor of serving as his Representa- instead of bickering about preserving a fill with their bare hands for genera- tive here in Congress. While, phys- deduction here, or a tax credit there, I tions to come, for we all know that the ically, he has slowed in recent years, urge my colleagues to unite behind a moment that this bill passes, you are the power of his work over eight dec- tax reform bill that would cut taxes for going to hear those calls for cuts to ades is still felt by us all. Through the working families, bring jobs back Medicaid, Medicare, and Social Secu- Billy Graham Evangelistic Associa- home, and make the filing process sim- rity come roaring back from my Re- tion, his life’s mission continues pler for millions of people. publican colleagues. around the world. In fact, his family’s f So for these families, the money that mission has continued around the they send to the American Government world. PUT TAXES TO GOOD USE every year isn’t just some meaningless Perhaps the greatest testament to The SPEAKER pro tempore. The check. It represents the late nights; Reverend Graham’s dedication to the Chair recognizes the gentleman from the double shifts; the school plays and Gospel is how he has chosen to spend Massachusetts (Mr. KENNEDY) for 5 the teacher conferences missed; the his centennial year. Rather than cele- minutes. bedtimes when you didn’t make it brate his work, Reverend Graham is de- Mr. KENNEDY. Mr. Speaker, no one home; the vacations you could not voting this year to celebrating the likes to pay taxes, but when our take; those endless, countless, thank- work God has done through him. Founders dreamt of a nation, they less sacrifices that you make every sin- Mr. Speaker, on behalf of everyone in knew that our success would rest on gle day so that you can take care of western North Carolina, all Americans, every shoulder. So it is not to make us the people whom you love. and so many people around the world, just citizens of this great country, but You deserve a country that will I would like to wish Reverend Graham stakeholders where everyone chips in, make your contribution count and that a happy first day to his 100th year. where everyone contributes, where ev- will make that investment in your I thank Reverend Graham for serving eryone has skin in the game. family, too. This bill doesn’t even come as a role model and spiritual guide for It is the only way that a gutsy Amer- close. generations of Americans. I thank Rev- ican experiment could work: if each of f erend Graham for all he has done to us is so committed to what this coun- help those in times of need, and, most try stands for that we are willing to CELEBRATING REVEREND BILLY importantly, I thank him personally give a piece of what we earn to help it GRAHAM’S 99TH BIRTHDAY for what he has done for me. succeed. Of course, that willingness The SPEAKER pro tempore. The f hinges on a system that would deliver Chair recognizes the gentleman from HONORING CATHEDRAL CITY PO- for all of our people. North Carolina (Mr. MCHENRY) for 5 LICE CHIEF GEORGE S. CRUM, We pay into a common good because minutes. JR. we also reap from a common invest- Mr. MCHENRY. Mr. Speaker, this ment. We send our kids to public morning I rise to celebrate a truly The SPEAKER pro tempore. The schools. We sleep safe at night under great American and one of the finest Chair recognizes the gentleman from the protection of American defense. We men North Carolina has ever produced, California (Mr. RUIZ) for 5 minutes. wear down roads and bridges with com- the Reverend Billy Graham, who, yes- Mr. RUIZ. Mr. Speaker, I rise to mutes, with after-school pickups, with terday, celebrated his 99th birthday. honor the outstanding service and re- delivery runs, and family trips. So we Born November 7, 1918, in Charlotte, tirement of one of California’s finest, do our part, however begrudgingly, North Carolina, Reverend Graham has Cathedral City Police Chief George S. however it might strap us or sting us, devoted his life to spreading the Gospel Crum, Jr. Chief Crum is an exceptional and all that we ask for in return is that of our Lord and Savior, Jesus Christ. leader in the community, dedicating what we give gets put to good use. While Reverend Graham was or- his life to public service for over three The tax reform bill being offered by dained as a minister in 1939, it was not decades. my Republican colleagues does not put until 1949 that he gained the inter- He started his career 30 years ago as that money to good use—not the national recognition he is known for a police officer with the Fullerton Po- money it takes from hardworking today. It was that year that he hosted lice Department. His commitment to American families. the Los Angeles Crusade. The Crusade keeping our citizens safe earned him was originally scheduled to last only 3 many promotions over the years, from b 1045 weeks, but it ended up going on for sergeant, to lieutenant, and, eventu- It does not ask families that are liv- over 2 months as huge crowds came to ally, captain of the Fullerton Police ing paycheck to paycheck to fork over hear Reverend Graham spread the Gos- Department. He was appointed as po- money that—make no mistake—they pel. lice chief of the Cathedral City Police do not have so they can invest in af- In the years since the Los Angeles Department on December 10, 2014, and fordable housing, so that we can help Crusade, Reverend Graham has trav- recently retired on November 2, 2017. exhausted parents pay for quality eled across the United States and Throughout his career, his dedication childcare, and so that we can stop mid- around the world to spread the Gospel. to community engagement has helped dle class kids from being priced out of According to the Billy Graham Evan- to ensure justice and build a strong higher education and ensure that fami- gelistic Association, in his life, Rev- community. He is a member of numer- lies that are hit by catastrophic med- erend Graham has preached to nearly ous organizations that promote safety ical events don’t lose their livelihood— 215 million people in over 185 countries throughout California, including the not this bill. and territories around the world. Riverside County Law Enforcement

VerDate Sep 11 2014 23:39 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.010 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8605 Administrators Association, the was part of a unique desert skydive b 1200 Coachella Valley Association of Gov- team, the Desert Skydivers of AFTER RECESS ernments, and the California Police Coachella. Chiefs Association. All those who knew him remember The recess having expired, the House Not only has he been a strong leader his zest for life and devotion to family. was called to order by the Speaker at in law enforcement across the region, One of his greatest joys was getting his noon. Chief Crum is also a leader in molding entire family together for a barbecue. f the minds of our students. He was an His family remembers his masterful PRAYER instructor at Fullerton College for skills for grilling, especially carne nearly 20 years, and he is currently a asada, and his dream of one day open- Pastor Jeff Williams, Faith Commu- Public Safety Academy instructor at ing his own taco stand. nity Church, Janesville, Wisconsin, of- College of the Desert in the valley. He To his wife, Patricia, and children, fered the following prayer: serves as a mentor to the next genera- Pete, Tina, Sherry, and Sally, your fa- Our Father in Heaven, Your Word de- tion of law enforcement leaders in our ther was an example to us all. His brav- clares that You have been our dwelling region, inspiring them to serve their ery, selflessness, and courage in the place throughout all generations and own communities. military are an inspiration challenging that, from everlasting to everlasting, I am so humbled to have worked with us to better serve our own commu- You are God. him over the years to keep the public nities. His adventures and curious spir- Your sovereignty when juxtaposed safe, and I am proud to call him a it are a reminder to us all to live life to with our humanity humbles us and friend. It has also been my honor to the fullest and enjoy the people and causes us to seek Your face on behalf of work with him on legislation to pro- places that bring us joy. our Nation and those who govern us. vide robust benefits to the families of So on behalf of my wife, Monica, and When beginning his rule, King Sol- public safety officers killed in the line my daughters, Sky and Sage, we honor omon prayed for You to grant him a of duty. the service and legacy of Mr. Ortiz and discerning heart to govern Your people Chief Crum has given so much to the his entire family. and to distinguish between right and community over the years, and I have From the bottom of our hearts, we wrong. Grant that same discernment in a feeling this will continue even in his thank all of our veterans for their dedi- this Chamber today. retirement. cation and sacrifice for our country as I pray for these who have been en- So on behalf of my wife, Monica, and we honor their service this Veterans trusted with the responsibility to gov- the entire 36th Congressional District, Day. ern this great people that they may ad- I want to thank Chief Crum; his wife, here to the principles and convictions Rebecca; and his children, Dylan and f our country was founded upon. Madison, from the bottom of my heart, Bless them and their families, I pray. for their service and sacrifice to keep RECOGNIZING JOSEPH DOUEK Your prophet Moses prayed saying: our communities safe. The SPEAKER pro tempore. The ‘‘May the favor of the Lord our God While we are sad to see him retire, I Chair recognizes the gentleman from rest on us and establish the work of our wish him and his family the best dur- South Carolina (Mr. NORMAN) for 5 hands for us.’’ May that same favor ing his well-deserved retirement. minutes. rest upon this, the people’s House, RECOGNIZING PETE M. ORTIZ ON VETERANS DAY Mr. NORMAN. Mr. Speaker, I rise today. Mr. RUIZ. Mr. Speaker, this week, on today to recognize a great American In Jesus’ name, I pray. Veterans Day, we honor those who whom I had the privilege of meeting at Amen. have bravely served in our Nation’s the Library of Congress, Mr. Joseph f military. Our veterans served with in- Douek. credible selflessness; they served with Mr. Douek hails from a great family. THE JOURNAL great courage; and they served with His father came penniless to America The SPEAKER. The Chair has exam- sacrifice, often leaving behind spouses, some 70 years ago. He did what is now ined the Journal of the last day’s pro- children, and loved ones to keep our becoming a lost art in this country—he ceedings and announces to the House Nation safe and to protect the free- went to work. his approval thereof. doms we hold so dear. For this, our vet- He went to work as a laborer and, Pursuant to clause 1, rule I, the Jour- erans and their families have earned eventually, worked his way up to nal stands approved. our respect and our deep debt of grati- where he owned a successful photog- f tude. raphy shop. He bought real estate, and On Veterans Day, we take a moment he has now retired to a great retire- PLEDGE OF ALLEGIANCE to pause and reflect on their service. ment life, which he has earned. The SPEAKER. Will the gentleman So today, I want to recognize the life of Joseph, his son, has dedicated him- from New Jersey (Mr. SIRES) come for- one of my district’s finest members, self to public service. He has been on ward and lead the House in the Pledge Pete M. Ortiz. the New York City Planning Commis- of Allegiance. Mr. Ortiz passed away on September sion for 5 years, and he was just re- Mr. SIRES led the Pledge of Alle- 14, 2017, at the age of 76. He came from elected. He is an example of somebody giance as follows: a family that has committed them- who has given his time, his tithe, and I pledge allegiance to the Flag of the selves to serving our country in uni- his talent to serve in the great State of United States of America, and to the Repub- form for generations. Since World War New York and our great country. lic for which it stands, one nation under God, II, over 50 members—50 members—of Mr. Speaker, please join me in cele- indivisible, with liberty and justice for all. the Ortiz family have bravely served in brating what he has done and really en- f our Armed Forces, putting their lives couraging other people to do what he WELCOMING PASTOR JEFF on the line to protect our freedoms. has done in that he has gone to work. WILLIAMS Following his family’s legacy, Mr. He has done what Americans do. Ortiz honorably served in the Army The SPEAKER pro tempore (Mr. National Guard from 1956 to 1960. He f BACON). Without objection, the gen- was awarded the Marksman Badge and tleman from Wisconsin (Mr. RYAN) is Pistol Bar, an honor presented to sol- RECESS recognized for 1 minute. diers with high marksmanship skills. I The SPEAKER pro tempore. Pursu- There was no objection. was proud to help obtain and person- ant to clause 12(a) of rule I, the Chair Mr. RYAN of Wisconsin. Mr. Speaker, ally present him with these medals for declares the House in recess until noon it is my absolute privilege and honor to his distinguished service. today. welcome Pastor Jeff Williams, who just Mr. Ortiz was also a beloved member Accordingly (at 10 o’clock and 57 led us in the opening prayer. He is the of the Coachella Valley. Not only was minutes a.m.), the House stood in re- head pastor at Faith Community he a carpenter and avid fisherman, he cess. Church in Janesville, Wisconsin.

VerDate Sep 11 2014 00:31 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.012 H08NOPT1 H8606 CONGRESSIONAL RECORD — HOUSE November 8, 2017 Jeff is the son of a Swedish immi- Mr. SIRES. Mr. Speaker, I rise today We are long overdue for real tax re- grant. Pastor Jeff began in the min- in strong opposition to the Republican form, but, unfortunately, the plan un- istry at his home church in Rockford, tax plan. As I have said many times be- veiled by my Republican colleagues is Illinois, where he was born and raised. fore, this plan gives tax breaks to the more of a giveaway to millionaires, bil- In 1989, he and his wife, Brenda, wealthy and corporations, over the lionaires, and corporate special inter- moved about 30 minutes north up I–90 needs of American families, while add- ests. to begin Faith Community Church in ing a predicted $2.1 trillion to the na- In fact, consider this: 80 percent of Janesville. ‘‘We had nothing but a vi- tional debt over the next decade. the tax breaks in their bill go to the sion,’’ he said. ‘‘No people, no equip- Particularly devastating for New Jer- wealthiest 1 percent of Americans. This ment, and no place to meet. Just a vi- sey is the partial elimination of the is while cutting $500 billion from Medi- sion and the Lord. And that was State and local tax deduction. More care and $1 trillion from Medicaid. enough.’’ than 25 percent of New Jerseyans would That trade is, frankly, unconscionable. Over the years, Pastor Jeff has face a tax hike over the next decade This bill is a bad deal for Granite turned that vision into a beautiful due to this change. Staters and a bad deal for the Amer- house of worship and fellowship at the Per person, New Jersey taxpayers ican people. heart of our community. I have been paid $3,478 more in Federal taxes in The Republican tax plan eliminates there many times. It is really an im- 2015 than they received from the gov- important deductions for hardworking pressive place. ernment, more than any other State. middle class families. It caps property Pastor Jeff has been a very good Not only would the bill aggravate this friend to me and to our family for tax deductions, eliminates student loan disparity in New Jersey, it would also interest deductions and the medical de- many years. I will note, however, that eliminate vital deductions that give re- he is a Bears fan, and we can forgive duction tax credit. The plan even ends lief to those burdened with high med- the Work Opportunity Tax Credit that him for that one. ical costs, student debt, and unex- But it is an absolute honor and privi- encourages employers to hire veterans. pected losses due to natural disasters. House Democrats are offering a bet- lege of mine to honor and to welcome Mr. Speaker, I will not support a one- Pastor Jeff here, and I want to thank ter deal. I urge my Republican col- sided plan that harms New Jersey and him for offering today’s prayer. leagues to work with us to support those who are most in need of tax re- working families. f lief. f ANNOUNCEMENT BY THE SPEAKER f PRO TEMPORE HONORING THE SERVICE OF LEWIS HONORING OUR NATION’S The SPEAKER pro tempore. The VILLA VETERANS Chair will entertain up to 15 further re- (Mr. ROTHFUS asked and was given (Mrs. BROOKS of Indiana asked and quests for 1-minute speeches on each permission to address the House for 1 was given permission to address the side of the aisle. minute and to revise and extend his re- House for 1 minute.) f marks.) Mrs. BROOKS of Indiana. Mr. Speak- HONORING MORGAN SCARBRO FOR Mr. ROTHFUS. Mr. Speaker, this er, I rise today to honor our Nation’s HER WORK WITH VETERANS AND coming Saturday marks Veterans Day, veterans. I would like to take a mo- MILITARY FAMILIES a day on which we honor and cherish ment to thank our Nation’s heroes for (Mr. WALBERG asked and was given heroes like Lewis Villa from Hopewell their selfless service to our country. permission to address the House for 1 Township, Pennsylvania. It was a privilege to welcome home minute.) Nearly seven decades ago, Mr. Villa, veterans on the Indy Honor Flight last Mr. WALBERG. Mr. Speaker, I rise a graduate of Aliquippa High School, month after they traveled to D.C. to today to recognize a remarkable stu- followed in the footsteps of his two visit memorials honoring their service dent in my district with a heart for older brothers by enlisting in the and the sacrifice of our Nation’s Armed helping veterans, our military, and Army. He joined the 456th Airborne Forces. It was both a humbling and in- their families. Morgan Scarbro is a 14- Field Artillery Battalion of the 82nd spiring opportunity to meet so many year-old from Eaton Rapids who cre- Airborne and eventually became an veterans who are patriots in every ated a nonprofit called Morgan’s Army Ranger assigned to 1st Company, sense of the word. We owe it to them HUGS. 1st Platoon, 1st Squad of the Airborne and their families to ensure they have Since the age of five, Morgan has Rangers. access to quality care and the services been giving back to veterans. If there He deployed in 1950 to Japan, and they deserve. is a veteran in need, Morgan springs then Korea, where he was captured by I am proud to see many important into action. She organizes donation communist Chinese forces and spent 28 veterans bills pass through the House drives and collects items like hygiene months in a prisoner of war camp. this week and look forward to con- products, food, clothing, and more. After returning home, Villa became a tinuing our work in Congress to sup- When Morgan competes in beauty pag- mailman, where he met his beloved port our American heroes. eants, she encourages her fellow con- late wife, Helana, and had two chil- To all of our veterans, we thank you testants to donate as well. dren. for your service, and enjoy Veterans Morgan helps in so many other ways, Lewis Villa is a treasure of the Ali- Day. We salute you. too, including visiting veterans in quippa community, and he rarely fails nursing homes and putting her own to land a joke, and always lights up a f Christmas on hold to give presents to room with laughter. I would like to ex- HONORING THE LIFE OF CARRIE military families. tend my sincerest gratitude to him as BARNETTE Morgan’s dad is a disabled veteran, well as to all our veterans. and she has seen, firsthand, the sac- Happy Veterans Day, and may God (Mr. KIHUEN asked and was given rifices made by the men and women bless them and their families. permission to address the House for 1 minute.) who serve our country. We owe them f an immeasurable debt. Mr. KIHUEN. Mr. Speaker, today I As Veterans Day approaches, may we THE REPUBLICAN TAX PLAN rise to remember the life of Carrie follow Morgan’s example and do every- (Ms. KUSTER of New Hampshire Barnette, a woman who was known for thing we can to take care of our Na- asked and was given permission to ad- her love of pickles, hummingbirds, and tion’s heroes. dress the House for 1 minute and to re- willingness to help others. Carrie loved country music, and she f vise and extend her remarks.) Ms. KUSTER of New Hampshire. Mr. grew up listening to it at her grand- OPPOSING REPUBLICAN TAX PLAN Speaker, I rise today to discuss the parents’ house. She frequently went to (Mr. SIRES asked and was given per- need for tax policy that benefits hard- country music concerts and had trav- mission to address the House for 1 working families in New Hampshire eled to the Route 91 Harvest music fes- minute.) and all across this country. tival with her childhood friend, Jenn.

VerDate Sep 11 2014 00:31 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.014 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8607 Carrie was a lifelong Californian who Mr. Speaker, this Republican bill is at the very top. We ought to reject this had just celebrated her 10th anniver- not tax reform. It is not a good deal for plan, and we ought to do it now. sary as a culinary team member at Dis- the middle class. It is a scam, plain and f ney California Adventure in Anaheim. simple. I oppose it, and we must defeat HONORING SERGEANT JOSH Carrie loved the children of her rel- it. RODGERS atives and friends like her own, and f friends say that she would have made a (Mr. LAHOOD asked and was given great mother. She also had the nick- NATIONAL STEM DAY permission to address the House for 1 name of Aunt Carrie because all the (Mr. HILL asked and was given per- minute and to revise and extend his re- children loved her. mission to address the House for 1 marks.) I would also like to extend my condo- minute and to revise and extend his re- Mr. LAHOOD. Mr. Speaker, earlier lences to Carrie’s family and friends. marks.) this year, Army Sergeant Josh Rodgers Please know that the city of Las Mr. HILL. Mr. Speaker, I rise today, was killed in action during a raid tar- Vegas, the State of Nevada, and the during National STEM Day, to recog- geting an ISIS prison in Afghanistan, whole country grieve with you. nize the importance of encouraging our making the ultimate sacrifice while working to free those imprisoned by f youth to pursue their interests in science, technology, engineering, and evil. ROLL CALL FAKES THE NEWS A native of Bloomington, Illinois, in math fields. my congressional district, Sergeant (Mr. SMITH of Texas asked and was As technology continues to advance, Rodgers’ heroism and bravery have not given permission to address the House STEM occupations continue to grow been forgotten. A graduate of Normal for 1 minute and to revise and extend and become more valuable to the devel- Community High School in 2013, where his remarks.) opment of our society. Over the past he competed on the track and football Mr. SMITH of Texas. Mr. Speaker, a decade, employment in STEM occupa- teams, his teachers, teammates, and front-page story in Roll Call about tions has outgrown non-STEM occupa- coaches remember him fondly. They Chief of Staff General Kelly is as mis- tions by nearly 20 percent. say he was a natural leader and a hard leading as you can get. It clearly is an I commend the House’s work in im- worker who believed it was his duty to intentional hit job. plementing the annual Congressional serve his country in the military. The headline read: ‘‘Kelly’s Antics STEM App Challenge for students That is why I am proud to stand here Rankle Capitol.’’ The article claims, across our Nation. This competition al- today to announce the introduction of ‘‘GOP and Democratic Members are lows students to compete by creating a bill, with the support of the entire Il- united’’ in not wanting General Kelly an idea for an app on a platform of linois delegation, Republicans and to speak out. But only one Republican, their choice and is designed to engage Democrats, that would rename the post known for his criticism of this admin- student creativity and encourage their office in Bloomington, Illinois, the Ser- istration, is quoted, compared to four participation in STEM fields. Democrats. Of the four Democrats, geant Josh Rodgers U.S. Post Office. As a member of the Congressional Mr. Speaker, there is no way to truly three are current Members of Congress, STEM Education Caucus and the father and one is a former Clinton administra- thank Sergeant Rodgers or his family, of a STEM student in college, I will but it is my hope that this building tion official. continue to support the growth of So much for balance, and so much for will serve to honor him and remind all STEM education throughout Arkansas of us of the price of our freedom. the article’s unfounded claim. This is and our country. what passes for journalism these days. f f When you see stories like this one, you REJECT REPUBLICAN TAX PLAN begin to understand why the President b 1215 (Ms. SCHAKOWSKY asked and was is right to use the term ‘‘fake news.’’ REJECT REPUBLICAN TAX PLAN given permission to address the House I doubt General Kelly will be intimi- (Mr. KILDEE asked and was given for 1 minute.) dated, and I hope he will continue to Ms. SCHAKOWSKY. Mr. Speaker, permission to address the House for 1 speak out. here is the Republican tax scam: first, minute.) f cut taxes for the wealthiest corpora- Mr. KILDEE. Mr. Speaker, Demo- tions and for the superrich. Number THE REPUBLICANS’ TAX SCAM crats agree that we need to simplify two, cut Americans’ healthcare. our Tax Code and provide tax relief to (Ms. MCCOLLUM asked and was Don’t take my word for it. Just look middle-income families. Unfortunately, given permission to address the House at the Republican budget. After clear- this Republican tax plan gives big tax for 1 minute and to revise and extend ing the way for a $1.5 trillion tax cut, cuts to the rich, huge tax cuts to cor- her remarks.) it proposes cutting Medicare and Med- porations, and raises taxes—yes, the Ms. MCCOLLUM. Mr. Speaker, I rise icaid—coincidentally, I don’t think details matter—on tens of millions of today in strong opposition to the Re- so—by $1.5 trillion. publicans’ tax scam. The middle class American families, middle-income fam- It gets worse. Under the Republican receives virtually no benefit from this ilies making $100,000 or less. tax bill, American families would no bill. It takes away for some the ability to longer get to deduct major medical ex- This bill hits middle class Minneso- deduct interest on their home mort- penses from their taxes. Seven in 10 tans especially hard by dismantling the gage; takes away the ability to deduct households using the medical expense State and local tax deduction. It in- interest on student loans, for goodness’ deduction make under $75,000 a year, creases costs for college students and sake; and takes away the ability to de- and over half of the Americans who de- their families. It abandons adoptive duct interest on medical expenses. pend on that medical deduction are parents, and it punishes people with But for the loopholes that apply to over 65 years old. high medical bills. the people at the very top, for the loop- Families struggling to afford cancer So why does this bill hurt hard- holes that apply to corporations, they treatment or long-term care should not working families? So President Trump leave them alone. They bring down have to pay a health tax so that bil- and the Republicans can pay for give- their rates and let them keep their lionaires can get a huge tax cut. aways to the wealthiest Americans? loopholes, and force us to borrow Mr. Speaker, I urge my colleagues to Big corporations and billionaires will money from our children and our reject this scam. Americans deserve a see their taxes slashed. Wealthy heirs grandchildren to give great big tax better deal. and heiresses will be allowed to dodge breaks to people at the very top. f taxes entirely. While the top 1 percent This is wrong. This is not what the of Americans receive nearly half the American people elected us to do. We 79TH ANNIVERSARY OF tax cuts, 99 percent of us will be stuck need to shut this down now. We need KRISTALLNACHT with a Federal debt that will explode tax relief for middle-income Ameri- (Ms. ROS-LEHTINEN asked and was by trillions of dollars. cans, not tax giveaways to the people given permission to address the House

VerDate Sep 11 2014 00:31 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.016 H08NOPT1 H8608 CONGRESSIONAL RECORD — HOUSE November 8, 2017 for 1 minute and to revise and extend push through a plan that would ham- press is still an important institution her remarks.) string our State and local governments in our society. Ms. ROS-LEHTINEN. Mr. Speaker, and destroy our ability to leverage pri- In 1952, the Elijah Parish Lovejoy November 9 marks the 79th anniver- vate investment. Award was established and it is given sary of Kristallnacht. Referred to as Mr. Speaker, I urge my colleagues to to a member of the newspaper profes- the ‘‘Night of Broken Glass,’’ the Ger- oppose the Republican tax plan. sion who continues the Lovejoy herit- man high command issued orders to f age of fearlessly defending freedom. target Jews because of their faith. Mr. Speaker, I think it is important AMERICANS DESERVE A BETTER Disguised as normal citizens, mem- to come back and remember a great TAX DEAL bers of the SS and the Gestapo de- moment in our history. stroyed hundreds of synagogues, looted (Mr. SARBANES asked and was given and vandalized thousands of businesses, permission to address the House for 1 f arrested tens of thousands of innocent minute and to revise and extend his re- TAXES WILL GO UP EVERY APRIL civilians, and killed nearly 100. This marks.) 15 atrocity was a harbinger of one of his- Mr. SARBANES. Mr. Speaker, I rise tory’s darkest periods, the Holocaust. today to oppose the Republican tax (Mr. CA´ RDENAS asked and was The anniversary of this grave trag- plan, a tax plan that is of, by, and for given permission to address the House edy serves as a constant reminder of the wealthy and well connected. for 1 minute and to revise and extend what happens when hatred and bigotry How do we know this? his remarks.) flood the minds of our world. When evil Yesterday, a Republican Congress- Mr. CA´ RDENAS. Mr. Speaker, I rise is met with silence and indifference, all man told a Capitol Hill reporter: ‘‘My today to ask and highlight which of mankind suffers. donors are basically saying, ‘Get it Americans will see their taxes go up Unfortunately, the world has not done or don’t ever call me again.’ ’’ every April 15 under the Republican learned a lesson from the past. Anti- There you have it, a window into the tax scam. Middle class families, teach- Semitism has seen a troubling rise true motivation for this bill. It is a ers, firefighters, nurses, veterans, folks across the globe, and we must continue massive giveaway to the big donor paying off student loans, seniors with our fight toward ending this brutal class. It slashes the corporate tax rate, medical expenses, small businesses, chapter of intolerance. guts the estate tax to benefit million- and every homeowner will pay more in Mr. Speaker, November 9 serves as a aires and billionaires, and creates a taxes. Over 50 million Americans will reminder of this tragedy, but also as an new loophole so the superwealthy can see their taxes go up every April 15. opportunity to fight this hatred and all disguise their income. Both students and teachers are hurt forms of hatred, and vow to never let What is worse, this Republican tax by this tax scam. This tax scam will such an atrocity to ever occur again. bill would be devastating for millions make it harder for teachers to afford f of middle- and lower-income Ameri- supplies for their classrooms. The Re- cans. It attacks the State and local tax publican tax scam eliminates medical GOP TAX PLAN KILLS HOUSING deduction and the mortgage interest expense deductions. The adoption tax AND INFRASTRUCTURE INVEST- deduction. It eliminates tax deductions credit goes away. Student loan deduc- MENT for medical expenses and student debt. tions, gone. State and local tax deduc- (Mr. PRICE of North Carolina asked It increases the deficit by approxi- tions for homeowners, forget about it. and was given permission to address mately $1.5 trillion. This tax scam is just wrong. the House for 1 minute.) Mr. Speaker, Americans deserve a Mr. Speaker, it hurts hardworking Mr. PRICE of North Carolina. Mr. better deal. American families and it benefits the Speaker, it is increasingly obvious f largest corporations. what a sham of a tax plan the Repub- licans have proposed, slashing taxes on REMEMBERING ELIJAH PARISH f the superrich and large corporations at LOVEJOY, AMERICA’S FIRST TAX PLAN PROVIDES TAX RELIEF the expense of the middle class. MARTYR TO FREEDOM OF THE What is less well known, and what PRESS (Mr. HUIZENGA asked and was given the Republicans don’t want to talk (Mr. SHIMKUS asked and was given permission to address the House for 1 about, is their proposal to repeal tax- permission to address the House for 1 minute and to revise and extend his re- exempt private activity bonds and, minute and to revise and extend his re- marks.) therefore, to kill the same public-pri- marks.) Mr. HUIZENGA. Mr. Speaker, I had vate partnerships that they profess to Mr. SHIMKUS. Mr. Speaker, in a planned to come down to the floor here support. time of national strife that we see our to manage some bills here in a couple States, local governments, and pri- Nation in every now and then, it is of minutes, but I decided I needed to vate partners around the country use good to remember history. take this opportunity to address some private activity bonds to finance a Mr. Speaker, 180 years ago yesterday, of the things that the American people wide array of infrastructure projects, a man named Elijah Parish Lovejoy might have been hearing from the like highways, airports, hospitals, was run out of St. Louis city for writ- other side of the aisle just now. water treatment facilities, and afford- ing and publishing an abolitionist This is absolutely just political dem- able housing. newspaper called the St. Louis Ob- agoguery what is going on. Frankly, it In North Carolina, for example, pri- server. He then moved across to Alton, is political malfeasance. This is about vate activity bonds financed and up- Illinois, where he continued to advo- simplification. This is about fairness. graded the terminal at Raleigh-Dur- cate the end of slavery. This is about making sure that hard- ham International Airport and are On the 7th of November, 1837, working American men and women and being used by our State housing agency Lovejoy received a new press. Many of their families have the opportunity to to attract investors for new multi- his printing presses were thrown into live the American Dream. family housing developments worth the river. When he got the new press Right now, we have a Tax Code that more than $700 million. from the Ohio Anti-Slavery Society, is massive, first of all. Second, it is If Republicans get their way, these the local slave owners heard about the filled with loopholes and exceptions projects would die on the vine, and arrival of the new machine and they that lobbyists and the well connected more than 6,200 units of affordable decided to destroy it. have put in there over the last number housing would simply disappear. A group of his friends attempted to of decades. It is time to change that. How does that help working families protect it, but during the attack, The American people deserve this. realize the American Dream? Lovejoy was shot in the head and died. There is real tax relief for real work- At a time when funding for housing Elijah Parish Lovejoy was America’s ing families, and that is why I think and infrastructure is continually first martyr to freedom of the press. Of you are seeing such enthusiasm out of squeezed, the last thing we should do is course, we debate the press, but the the American people for this tax plan.

VerDate Sep 11 2014 00:31 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.019 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8609 TAX PLAN WILL RAISE TAXES That the Senate passed S. 1088. the risk for a chance to improve their That the Senate passed S. 1015. (Mr. CLAY asked and was given per- community and their family’s liveli- With best wishes, I am hood. These individuals employ our mission to address the House for 1 Sincerely, friends and families and improve our minute and to revise and extend his re- KAREN L. HAAS. quality of life. Congress needs to do marks.) f Mr. CLAY. Mr. Speaker, let me see if what we can to help entrepreneurs suc- I can inject some truth into this. PROVIDING FOR CONSIDERATION ceed. Mr. Speaker, I rise to oppose the def- OF H.R. 2201, MICRO OFFERING Young businesses need to use their icit-exploding Republican tax plan that SAFE HARBOR ACT limited capital, time, and resources to rewards billionaires first, and then Mr. BUCK. Mr. Speaker, by direction grow their business, not fill out bu- asks hardworking Americans to pay for of the Committee on Rules, I call up reaucratic paperwork. This problem it. House Resolution 609 and ask for its has only grown worse since Congress The Trump Republican tax scam will immediate consideration. passed the Dodd-Frank Wall Street Re- raise taxes for millions of working The Clerk read the resolution, as fol- form and Consumer Protection Act in families. It will kill jobs in the home lows: 2010. When Dodd-Frank passed, Congress construction industry. It will punish H. RES. 609 promised it would protect consumers. student loan borrowers. This reckless Resolved, That upon adoption of this reso- plan will repeal the deduction for State lution it shall be in order to consider in the But it has only hurt community banks, and local income and sales tax. I would House the bill (H.R. 2201) to amend the Secu- small businesses, and the middle class. remind my colleagues in the majority: rities Act of 1933 to exempt certain micro-of- Dodd-Frank’s burdensome regulatory If you vote ‘‘yes,’’ you are voting for a ferings from the registration requirements of regime has caused community banks to $900 billion tax increase on American such Act, and for other purposes. All points disappear across America, making ac- families. of order against consideration of the bill are cess to capital more difficult for many This bill is not conservative. It is not waived. The bill shall be considered as read. small businesses. All points of order against provisions in the The House passed the Financial pro-family. It is not pro-worker. It will bill are waived. The previous question shall kill jobs and reward the wealthy and be considered as ordered on the bill and on CHOICE Act to repeal and replace corporations at the expense of every- any amendment thereto to final passage Dodd-Frank, but it currently sits un- one else. without intervening motion except: (1) one touched in the United States Senate. I Vote ‘‘no’’ on the GOP tax scam, and hour of debate equally divided and controlled hope they will quickly vote to repeal let’s pass a real tax reform bill that by the chair and ranking minority member Dodd-Frank and make credit easier to puts middle class families first. of the Committee on Financial Services; (2) access for Main Street. the amendment printed in the report of the f But there is more we can do in the Committee on Rules accompanying this res- people’s House to help create new jobs b 1230 olution, if offered by the Member designated and opportunities. All too often the in the report, which shall be in order without DEMOCRATS WILL DELIVER A intervention of any point of order, shall be Federal Government creates regula- BETTER DEAL considered as read, shall be separately debat- tions that disproportionately hurt (Mr. JEFFRIES asked and was given able for the time specified in the report small businesses. While a large cor- permission to address the House for 1 equally divided and controlled by the pro- poration may have a team of lawyers minute and to revise and extend his re- ponent and an opponent, and shall not be to comply with these rules, this is rare- subject to a demand for division of the ques- marks.) ly the case for a young business. That tion; and (3) one motion to recommit with or is why I support this bill. Mr. JEFFRIES. Mr. Speaker, last without instructions. night all throughout our great country, This bill ends ambiguity in the law The SPEAKER pro tempore. The gen- hatred lost in America; fear-mongering by clearly defining a nonpublic offering tleman from Colorado is recognized for lost in America, race-baiting lost in exemption under the Securities Act. 1 hour. Currently, companies just starting out America, xenophobia lost in America, Mr. BUCK. Mr. Speaker, for the pur- homophobia lost in America, Confed- risk unintentionally violating these pose of debate only, I yield the cus- laws, which might discourage them erate monuments lost in America, the tomary 30 minutes to the gentlewoman war on Medicaid lost in America, voter from seeking the capital they need to from New York (Ms. SLAUGHTER), my suppression lost in America, the Trump grow. It is common sense to ensure our friend, pending which I yield myself country’s laws are clear and to allow playbook lost in America, and the such time as I may consume. During make America hate again agenda lost small businesses to operate without consideration of this resolution, all fear of accidentally violating the law. in America. time yielded is for the purpose of de- Democrats will continue to focus on Our economy depends on small busi- bate only. the economic well-being of the Amer- nesses and those who put everything on ican people, will continue to fight for GENERAL LEAVE the line to pursue the American better jobs, better wages, and a better Mr. BUCK. Mr. Speaker, I ask unani- Dream. This bill will benefit all of us future for the American people. mous consent that all Members have 5 by helping those individuals grow their Democrats will continue to fight to legislative days to revise and extend businesses and create jobs in their deliver a better deal. their remarks. communities. In order to help our The SPEAKER pro tempore. Is there f small businesses grow and create jobs, objection to the request of the gen- we need to pass this rule and pass the COMMUNICATION FROM THE tleman from Colorado? underlying bill. CLERK OF THE HOUSE There was no objection. Mr. Speaker, I reserve the balance of The SPEAKER pro tempore laid be- Mr. BUCK. Mr. Speaker, I rise today my time. fore the House the following commu- in support of the rule and the under- Ms. SLAUGHTER. Mr. Speaker, I nication from the Clerk of the House of lying legislation. The rule provides 1 thank the gentleman for yielding me Representatives: hour of debate and makes in order all the customary 30 minutes, and I yield OFFICE OF THE CLERK, amendments offered at the Rules Com- myself such time as I may consume. HOUSE OF REPRESENTATIVES, mittee. Mr. Speaker, the Securities Act of Washington, DC, November 8, 2017. I want to note that not one amend- 1933, which, obviously, was put into ef- Hon. PAUL D. RYAN, ment to this rule or to this bill was of- fect after the Depression or while it The Speaker, House of Representatives, fered by the Democrats. was going on, governs current law re- Washington, DC. Mr. Speaker, the Micro Offering Safe garding the sale and purchase of securi- DEAR MR. SPEAKER: Pursuant to the per- Harbor Act is an important step toward ties like stocks, bonds, or options. The mission granted in Clause 2(h) of Rule II of the Rules of the U.S. House of Representa- helping small businesses grow across intent behind this law is to require tives, the Clerk received the following mes- our country. Small businesses aren’t that investors receive necessary infor- sage from the Secretary of the Senate on No- just about selling a product or pro- mation about the securities and to pre- vember 8, 2017, at 9:37 a.m.: viding a service. Entrepreneurs take vent fraud when they are sold.

VerDate Sep 11 2014 00:31 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.021 H08NOPT1 H8610 CONGRESSIONAL RECORD — HOUSE November 8, 2017 To achieve this, the Securities and If you care about whether we build met simultaneously in order to trigger Exchange Commission currently pro- the President’s offensive border wall a safe harbor exemption for a security hibits the sale or delivery of securities with Mexico or strengthen ethics in the offering: each purchaser must have a that have not been registered with the executive branch, then closed rules substantive preexisting relationship agency, with some limited exemptions. matter. with an owner; there can be no more Today, these exceptions are usually If you care about protecting the than 35 purchasers of securities from limited to those transactions made nearly 800,000 young DREAMers nation- the issuer that are sold in reliance on with sophisticated investors who un- wide, then closed rules definitely mat- the exemption during the 12-month pe- derstand the associated risks. ter. riod preceding; and, lastly, the aggre- H.R. 2201 would weaken the Securi- The majority has used restrictive gate amount of all securities sold by ties Act unnecessarily by adding an en- closed and structured rules to prevent the issuer cannot exceed $500,000 during tirely new exemption for certain debate and votes on these and many, the 12 months preceding the offering. issuers while removing important dis- many other important matters from The Micro Offering Safe Harbor Act closure requirements. ever happening here on the House floor. helps bring clarity to existing law so Let me say that again: while remov- Each of us has been elected to do our that our current and future job cre- ing important disclosure requirements, job representing our constituents by ators can easily raise capital within in other words, to know what you are amending legislation on this floor, but the confines of an easy-to-understand buying. because of the closed process, we are It would leave investors vulnerable provision without the help of an ever being prevented from doing our jobs. increasingly expensive expert. to fraud by allowing companies to sell Bills routinely come before the Rules unregistered securities without the im- Committee that haven’t even been b 1245 portant guardrails that apply to these fully considered by the relevant com- Furthermore, the legislation pre- transactions today. It is part of the mittees. Such a bill is before us today. serves all Federal and State antifraud majority’s agenda that prioritizes de- When Speaker RYAN took the gavel 2 protections. Ultimately, this bill will regulation above all else. years ago, he said: ‘‘Only a fully func- scale existing Federal rules and regu- Through the Congressional Review tioning House can really, truly do the latory compliance for small businesses, Act and many other bills, the majority people’s business.’’ Well, Mr. Speaker, thus providing another practical option has been relentlessly attacking safe- we are not doing the peoples business. for entrepreneurs to raise the capital guards that protect consumers—risk- We are unable to do the job we were ing our health, our safety, and our fi- they need to start and grow their busi- sent here to do. We are unable to take ness. nances. This is all in order to make it action on the things our constituents easier for corporations to engage in The timing for this legislation could care about most. not be better, as the House continues questionable business practices. It is no wonder that this Congress is to promote job creation and economic Who loses in the giveaway to big cor- the most unpopular Congress in recent growth through this once-in-a-genera- porations and bad actors? The Amer- memory. It is past time that we return tion effort to reform our Tax Code. ican people do. to regular order and start tackling the As our small businesses and startups Mr. Speaker, I have always believed major issues that we face. continue to provide for over half of all that a bad process leads to a bad prod- Mr. Speaker, I reserve the balance of current jobs and over 65 percent of all uct. This week has put the majority in my time. the history books for all the wrong rea- Mr. BUCK. Mr. Speaker, I yield 5 net new jobs since the 1970s, we must sons. minutes to the gentleman from Min- provide the tools they need to succeed, Closed rules completely block Mem- nesota (Mr. EMMER). and this legislation does just that. bers from offering amendments on the Mr. EMMER. Mr. Speaker, obtaining I thank Chairman HENSARLING, House floor, and just yesterday, with accessible and reliable forms of capital Chairman SESSIONS, and Chairman the 49th closed rule of the year, this is one of the biggest challenges that HUIZENGA for working to bring this im- majority broke the record for becom- small businesses and entrepreneurs portant bill to the floor. ing the most closed session of Congress face today. I will say that again. We Mr. Speaker, I urge my colleagues to in history. That is a long time. are not talking about large corpora- support the previous question, adopt Let me repeat that. This session of tions. We are talking about small busi- the rule for H.R. 2201, and vote in favor the 115th Congress is the most closed nesses and entrepreneurs. of the Micro Offering Safe Harbor Act session ever. In fact, our present According to the 2016 Year-End Eco- when it comes to the floor for consider- Speaker has not had an open rule. ation. This is not some arcane matter. More nomic Report from the National Small Business Association, 41 percent of all Ms. SLAUGHTER. Mr. Speaker, I than 1,300 amendments have been yield myself such time as I may con- blocked this year through the restric- small businesses surveyed said that ‘‘lack of capital is hindering their abil- sume. tive rules. It has prevented action on Mr. Speaker, if we defeat the pre- matters that touch nearly every sector ity to grow their business or expand their operations, and 20 percent said vious question, I will offer an amend- of society. ment to the rule to bring up H.R. 3440, This week we saw another mass they had to reduce the number of em- the Dream Act. This bipartisan, bi- shooting in a church. Families gath- ployees as a result of tight credit.’’ ered together in a small Texas town, That is why I introduced the Micro cameral legislation would help thou- and a man with a gun came in and Offering Safe Harbor Act. This bill does sands of young people who are Ameri- killed 26 of them and wounded 20 more. not create a new securities registration cans in every way, except on paper. One family lost eight of its cherished exemption under the Securities Act; Democrats have tried numerous members. Those killed in that attack rather, it defines what constitutes a times to protect DREAMers. We voted equal 7 percent of the small town’s en- permissible nonpublic offering, and it over and over to try and bring the tire population. provides small businesses with the Dream Act, and we have offered amend- Now, this Congress could work to- clarity and confidence to know that ments, only to be blocked by this gether and actually stop these tragic their offering is not a violation of the record-breaking closed Congress. There murders because this is the place where Securities Act. is bipartisan agreement that some- we can do that, but under the majority, If enacted, this will make it easier thing must be done to help these young we can’t even get a vote on any meas- for entrepreneurs and small busi- people. Let’s do it today. ure that would do anything about it. nesses—again, not large corporations— Mr. Speaker, I ask unanimous con- If you care about whether we send to raise money from family, friends, sent to insert the text of my amend- troops to war in Afghanistan and and their personal network without ment in the RECORD, along with extra- Syria—if you care—then closed rules running afoul of the vague and unde- neous material, immediately prior to matter. fined private offering safe harbor provi- the vote on the previous question. If you care about protecting whistle- sions in the Securities Act of 1933. The SPEAKER pro tempore. Is there blowers or reducing government spend- More specifically, this legislation re- objection to the request of the gentle- ing, then closed rules matter. quires the following three criteria be woman from New York?

VerDate Sep 11 2014 00:53 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.024 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8611 There was no objection. values. Mr. Speaker, it is time that we A micro-offering authorized under Ms. SLAUGHTER. Mr. Speaker, I prove that. this bill would allow small businesses yield 4 minutes to the gentleman from Mr. BUCK. Mr. Speaker, I yield 5 or small entrepreneurs to operate with California (Mr. AGUILAR) to discuss our minutes to the gentleman from Michi- confidence, and the commonsense re- proposal. gan (Mr. HUIZENGA), chairman of the quirements to be a part of this are Mr. AGUILAR. Mr. Speaker, I thank Subcommittee on Capital Markets, Se- such: the gentlewoman for yielding. curities, and Investments. Each investor has a substantive pre- Mr. Speaker, today I must ask a Mr. HUIZENGA. Mr. Speaker, I ap- existing relationship with an owner. question of this Chamber: What makes preciate my friend from Colorado al- This is no fly-by friendship. This is America great? lowing me an opportunity to speak on somebody who you actually know; Do we measure greatness by the this bill. There are fewer than 35 purchasers or strength of our economy or by the size Mr. Speaker, currently, the Securi- investors; and of our military? ties and Exchange Commission pro- Also, the amount cannot exceed Is greatness defined by export prices hibits the sale or delivery of securities $500,000. and profits of corporations? that have not been registered with the If you just divide out $500,000, which is a lot of money, by 35 people, that is You see, Mr. Speaker, I don’t think agency. that is the case. I believe that we are a A large portion of startups—and, less than $15,000 a person. That is $14,285, to be exact. This is not about nation built upon a set of unshakable really, these are ideas—rely on small, helping Wall Street somehow, for cry- values. It is our ability to uphold these nonprofit offerings also known as pri- ing out loud. This is about Main values, not the rise and fall of the vate placements, such as with friends Street. stock market, that will ultimately de- and family. They do a round of offer- I believe it is important to note, as fine our greatness. ings in order to raise initial, early- the sponsor, Mr. EMMER, had noted ear- One of our values is this: if you work stage seed capital; however, the Securi- lier, that nothing in this bill would re- hard, set goals, and refuse to give up, ties Act of 1933 does not define what move or inhibit the authority of the you can fulfill your dreams. As Ameri- constitutes a public offering or, con- Securities and Exchange Commission cans, this value is engrained into all of versely, a nonpublic offering. As a re- or the Department of Justice from us. We repeat it each and every day, sult, startups may unintentionally vio- prosecuting securities fraud. and we tell our kids to follow their late the act when it seeks to offer secu- With antifraud protections still in dreams, or tell them that they can be rities to potential investors in a pri- place, the legislation appropriately anything that they want when they vate placement. scales Federal rules and regulatory grow up. Let’s put that in real English. Let’s compliance costs for these small busi- We say these things, Mr. Speaker, be- make this actually approachable in a nesses and entrepreneurs. cause we believe them. We believe that way that I think true American entre- H.R. 2201 is a commonsense bill de- hard work pays off. We believe that preneurs can understand. signed to help Main Street and not dreams can come true. The reality is, these are people with Wall Street. Simply put, it will allow Yet, on September 5 of this year, an idea, a drive to move forward and to these small businesses and entre- President Trump ignored these Amer- improve something. They go and offer preneurs, these DREAMers, to access ican beliefs when he ended the DACA to their family, or maybe ask of their capital necessary for their growth. program. That decision told nearly family, to be a part of that dream, to As I said, Representative EMMER has 800,000 young people in this country help with some seed capital, to give done a phenomenal job in shepherding that their hard work didn’t matter and them a little bit of their hard-earned this through. In a 2016 Capital Markets, that their dreams of pursuing success money to help them achieve their Securities, and Investments Sub- might not pay off in the end. dream. committee hearing where we dealt with These young DREAMers, who are as And, guess what? the bill, he had a great quote that said: American as any of us, go to school They get to take part in the success ‘‘The problem with the ability of here, they have jobs here, they raise of that. There is some risk, but there is small businesses to effectively use this families in our communities, and they also reward. exemption is—the term ‘private offer- serve in our military. How this really translates is that ing’ is not defined in law. Not only does This is why each and every day we there might be the doctor who has got this prevent small business from using fail to pass the Dream Act, we call the a great idea for a new health drink or the exemption, it leaves businesses who values that make our country great a new implement to use while he is in try to use the exemption and can’t af- into question. If we fail to pass this bi- surgery. This might be a mom who left ford a team of expensive lawyers— partisan legislation, then we are no the workforce and was taking care of which, again, most small businesses cannot—exposed to potential lawsuits longer a nation where hard work pays her kids and said: There has got to be and future liability. . . . This legisla- off. a better way of making sure my kids tion will create a bright line safe har- I will be forced to explain that to are getting a healthy meal transported bor for small private offerings. It will DREAMers in my district. I will have to school; or something like that. help entrepreneurs open new businesses to tell Minerva, who paid her way These are people who are looking and expand existing ones.’’ through college, that she will have to around and saying: I can go make life Mr. Speaker, I applaud the hard work give up her dream of medical school. I better not for me, not just for my fam- of my colleague, Mr. EMMER, on this will have to explain to Leticia that, de- ily, but for others. They are then try- bill, and I encourage all my colleagues spite becoming the first in her family ing to pursue that. to vote in favor of H.R. 2201. to attend college, she will not be able To address this uncertainty that we Ms. SLAUGHTER. Mr. Speaker, I to fulfill her dream of serving others as have, H.R. 2201, the Micro Offering Safe yield myself the balance of my time. a social worker. Harbor Act, would implement a simple Mr. Speaker, unnecessary, partisan You see, Mr. Speaker, these are real amendment to the Securities Act of bills like this one take up valuable young people with real dreams. They 1933, by making clear what constitutes floor time when we could be consid- deserve a real answer. They put in the a nonpublic offering. ering important legislation to extend work, they have done everything they It is going to provide small busi- expired programs like Perkins loans, can to build lives in this country, and nesses with needed clarity and con- which help low-income students fi- we need to come together to make sure fidence to know that their offering is nance their education, or to address that we uphold our values and allow not a Securities Act violation. Think gun violence. The American people are them to continue those lives here. of that. Again, it might be that doctor frightened of an agenda that prioritizes Mr. Speaker, I urge my colleagues to or that stay-at-home mom who is out deregulation and corporations above vote against the previous question so there just trying to fund an idea, unin- all else. that we can bring the Dream Act to the tentionally and with no malice or no Democrats have been pushing for floor for a vote immediately. This understanding that they are violating votes on the House floor on amend- country is great because we uphold our Federal law. ments that would actually address the

VerDate Sep 11 2014 00:53 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.026 H08NOPT1 H8612 CONGRESSIONAL RECORD — HOUSE November 8, 2017 major problems we are facing today. the Judiciary. After general debate the bill [a special rule reported from the Committee That includes everything from climate shall be considered for amendment under the on Rules] opens the resolution to amend- change and our military’s role abroad five-minute rule. All points of order against ment and further debate.’’ (Chapter 21, sec- to protecting the DACA recipients and provisions in the bill are waived. At the con- tion 21.2) Section 21.3 continues: ‘‘Upon re- clusion of consideration of the bill for jection of the motion for the previous ques- addressing the gun violence epidemic amendment the Committee shall rise and re- tion on a resolution reported from the Com- that is tearing communities apart. But port the bill to the House with such amend- mittee on Rules, control shifts to the Mem- we have been blocked at every turn. ments as may have been adopted. The pre- ber leading the opposition to the previous The majority has gone to unprece- vious question shall be considered as ordered question, who may offer a proper amendment dented lengths to prevent any kind of on the bill and amendments thereto to final or motion and who controls the time for de- real debate from happening. We have passage without intervening motion except bate thereon.’’ proof of that because they have used one motion to recommit with or without in- Clearly, the vote on the previous question closed and structured rules to block structions. If the Committee of the Whole on a rule does have substantive policy impli- rises and reports that it has come to no reso- more than 1,300 amendments so far this cations. It is one of the only available tools lution on the bill, then on the next legisla- for those who oppose the Republican major- year. So far, this session is the most tive day the House shall, immediately after ity’s agenda and allows those with alter- closed session of Congress since Con- the third daily order of business under clause native views the opportunity to offer an al- gress began. 1 of rule XIV, resolve into the Committee of ternative plan. It is no wonder that just 13 percent of the Whole for further consideration of the Mr. BUCK. Mr. Speaker, I yield back the public approves of Congress under bill. SEC. 3. Clause 1(c) of rule XIX shall not the balance of my time, and I move the this leadership. That is according to previous question on the resolution. the latest figures from Gallup. The bill apply to the consideration of H.R. 3440. The SPEAKER pro tempore. The before us just continues that dangerous THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous and unpopular agenda. IT REALLY MEANS question. Mr. Speaker, I urge a ‘‘no’’ vote on This vote, the vote on whether to order the The question was taken; and the the previous question, the rule, and the previous question on a special rule, is not Speaker pro tempore announced that bill, and I yield back the balance of my merely a procedural vote. A vote against or- the ayes appeared to have it. time. dering the previous question is a vote Ms. SLAUGHTER. Mr. Speaker, on Mr. BUCK. Mr. Speaker, I yield my- against the Republican majority agenda and self the balance of my time. a vote to allow the Democratic minority to that I demand the yeas and nays. Mr. Speaker, this bill is an important offer an alternative plan. It is a vote about The yeas and nays were ordered. step to improve the American econ- what the House should be debating. The SPEAKER pro tempore. Pursu- omy. We need to support small busi- Mr. Clarence Cannon’s Precedents of the ant to clause 8 and clause 9 of rule XX, nesses and their ability to grow. This House of Representatives (VI, 308–311), de- this 15-minute vote on ordering the scribes the vote on the previous question on will happen if we give the free market previous question will be followed by 5- the rule as ‘‘a motion to direct or control the minute votes on: the opportunity to work. consideration of the subject before the House We should get bureaucrats out of the being made by the Member in charge.’’ To Adopting the resolution, if ordered; way of small-business owners who only defeat the previous question is to give the and want to serve their families and com- opposition a chance to decide the subject be- Suspending the rules and passing munities. This bill moves us in that di- fore the House. Cannon cites the Speaker’s H.R. 4173. rection. ruling of January 13, 1920, to the effect that The vote was taken by electronic de- I thank Congressman TOM EMMER for ‘‘the refusal of the House to sustain the de- vice, and there were—yeas 224, nays introducing this important bill and for mand for the previous question passes the 190, not voting 18, as follows: control of the resolution to the opposition’’ taking the time to come to the floor in order to offer an amendment. On March [Roll No. 616] today. I also thank Chairman HEN- 15, 1909, a member of the majority party of- YEAS—224 SARLING for his work on these bills as fered a rule resolution. The House defeated Abraham Curbelo (FL) Herrera Beutler well as the House Financial Services the previous question and a member of the Allen Davidson Hice, Jody B. Committee. opposition rose to a parliamentary inquiry, Amash Davis, Rodney Higgins (LA) Chairman HENSARLING recently an- asking who was entitled to recognition. Amodei Denham Hill Speaker Joseph G. Cannon (R–Illinois) said: Arrington Dent Holding nounced that he will not be seeking re- Bacon DeSantis Hollingsworth election to Congress, but we will all re- ‘‘The previous question having been refused, the gentleman from New York, Mr. Fitz- Banks (IN) DesJarlais Hudson Barletta Diaz-Balart Huizenga member the great work he has done gerald, who had asked the gentleman to during his time in D.C. and the impor- Barr Donovan Hultgren yield to him for an amendment, is entitled to Barton Duffy Hunter tant contribution he made to the legis- the first recognition.’’ Bergman Duncan (SC) Issa lation we are looking at today. The Republican majority may say ‘‘the Biggs Duncan (TN) Jenkins (KS) Mr. Speaker, I ask my colleagues to vote on the previous question is simply a Bilirakis Dunn Jenkins (WV) vote ‘‘yes’’ on the rule, and I ask them vote on whether to proceed to an immediate Bishop (MI) Emmer Johnson (LA) vote on adopting the resolution . . . [and] Bishop (UT) Estes (KS) Johnson (OH) to vote ‘‘yes’’ on the underlying legis- Black Farenthold Johnson, Sam has no substantive legislative or policy im- lation. Blackburn Faso Jones The material previously referred to plications whatsoever.’’ But that is not what Blum Ferguson Jordan they have always said. Listen to the Repub- Bost Fitzpatrick Joyce (OH) LAUGHTER by Ms. S is as follows: lican Leadership Manual on the Legislative Brady (TX) Fleischmann Katko AN AMENDMENT TO H. RES. 609 OFFERED BY Process in the United States House of Rep- Brat Flores Kelly (MS) MS. SLAUGHTER resentatives, (6th edition, page 135). Here’s Brooks (AL) Fortenberry Kelly (PA) At the end of the resolution, add the fol- how the Republicans describe the previous Brooks (IN) Foxx King (IA) Buchanan Franks (AZ) King (NY) lowing new sections: question vote in their own manual: ‘‘Al- Buck Frelinghuysen Kinzinger SEC. 2 Immediately upon adoption of this though it is generally not possible to amend Bucshon Gaetz Knight resolution the Speaker shall, pursuant to the rule because the majority Member con- Budd Gallagher Kustoff (TN) clause 2(b) of rule XVIII, declare the House trolling the time will not yield for the pur- Burgess Garrett Labrador resolved into the Committee of the Whole pose of offering an amendment, the same re- Byrne Gianforte LaHood House on the state of the Union for consider- sult may be achieved by voting down the pre- Calvert Gibbs Lamborn ation of the bill (H.R. 3440) to authorize the vious question on the rule . . . When the mo- Carter (GA) Gohmert Lance Carter (TX) Goodlatte Latta cancellation of removal and adjustment of tion for the previous question is defeated, Chabot Gowdy Lewis (MN) status of certain individuals who are long- control of the time passes to the Member Cole Granger LoBiondo term United States residents and who en- who led the opposition to ordering the pre- Collins (GA) Graves (GA) Long tered the United States as children and for vious question. That Member, because he Collins (NY) Graves (LA) Loudermilk other purposes. The first reading of the bill then controls the time, may offer an amend- Comer Graves (MO) Love shall be dispensed with. All points of order ment to the rule, or yield for the purpose of Comstock Griffith Lucas against consideration of the bill are waived. amendment.’’ Conaway Guthrie Luetkemeyer Cook Handel MacArthur General debate shall be confined to the bill In Deschler’s Procedure in the U.S. House Costello (PA) Harper Marchant and shall not exceed one hour equally di- of Representatives, the subchapter titled Cramer Harris Marino vided and controlled by the chair and rank- ‘‘Amending Special Rules’’ states: ‘‘a refusal Crawford Hartzler Marshall ing minority member of the Committee on to order the previous question on such a rule Culberson Hensarling Massie

VerDate Sep 11 2014 00:53 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.027 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8613 Mast Renacci Stewart NOT VOTING—18 Labrador Palmer Smith (NE) McCarthy Rice (SC) Stivers LaHood Paulsen Smith (NJ) Aderholt Grothman Rooney, Thomas McCaul Roby Taylor LaMalfa Pearce Smith (TX) Babin Hurd J. McClintock Roe (TN) Tenney Lamborn Perry Bridenstine Johnson, E. B. Smucker Roybal-Allard Lance Pittenger McHenry Rogers (AL) Thompson (PA) Cheney LaMalfa Stefanik Sanford Latta Poe (TX) McKinley Rogers (KY) Thornberry Coffman Mitchell Stewart Walker Lewis (MN) Poliquin McMorris Rohrabacher Tiberi Cuellar Norman Stivers LoBiondo Posey Rodgers Rokita Tipton Gosar Pocan Taylor McSally Rooney, Francis Trott Long Ratcliffe Tenney Loudermilk Reed Meadows Ros-Lehtinen Turner Thompson (PA) b 1326 Love Reichert Meehan Roskam Upton Thornberry Messer Ross Valadao Lucas Renacci Messrs. KHANNA, RYAN of Ohio, and Luetkemeyer Rice (SC) Tiberi Moolenaar Rothfus Wagner HOYER changed their vote from ‘‘yea’’ MacArthur Roby Tipton Mooney (WV) Rouzer Walberg Marchant Roe (TN) Trott Mullin Royce (CA) Walden to ‘‘nay.’’ Marino Rogers (AL) Turner Newhouse Russell Walorski Messrs. CALVERT, KATKO, SMITH Marshall Rogers (KY) Upton Noem Rutherford Walters, Mimi of New Jersey, and GOODLATTE Massie Rohrabacher Valadao Nunes Scalise Weber (TX) changed their vote from ‘‘nay’’ to Mast Rokita Wagner Olson Schweikert Webster (FL) ‘‘yea.’’ McCarthy Rooney, Francis Walberg Palazzo Scott, Austin Wenstrup McCaul Rooney, Thomas Walden Palmer Sensenbrenner Westerman So the previous question was ordered. McClintock J. Walker Paulsen Sessions Williams The result of the vote was announced McHenry Ros-Lehtinen Walorski Pearce Shimkus Wilson (SC) as above recorded. McKinley Roskam Walters, Mimi Perry Shuster Wittman McMorris Ross Weber (TX) Pittenger Simpson Womack Stated for: Rodgers Rothfus Webster (FL) Poe (TX) Smith (MO) Woodall Mr. GROTHMAN. Mr. Speaker, had I been McSally Rouzer Wenstrup Poliquin Smith (NE) Yoder Meadows present, I would have voted ‘‘yea’’ on rollcall Royce (CA) Westerman Posey Smith (NJ) Yoho Meehan Russell No. 616. Williams Ratcliffe Smith (TX) Young (AK) Messer Rutherford Wilson (SC) Reed Smucker Young (IA) Ms. CHENEY. Mr. Speaker, I was unavoid- Moolenaar Scalise Reichert Stefanik Zeldin ably detained in a meeting with the Secretary Mooney (WV) Schweikert Wittman of the Navy. Had I been present, I would have Mullin Scott, Austin Womack NAYS—190 Newhouse Sensenbrenner Woodall voted ‘‘yea’’ on rollcall No. 616. Noem Sessions Yoder Adams Gabbard Neal Mr. COFFMAN. Mr. Speaker, I was unavoid- Norman Shimkus Yoho Aguilar Gallego Nolan ably detained. Had I been present, I would Nunes Shuster Young (AK) Barraga´ n Garamendi Norcross have voted ‘‘yea’’ on rollcall No. 616. Olson Simpson Young (IA) Bass Gomez O’Halleran Palazzo Smith (MO) Zeldin Beatty Gonzalez (TX) O’Rourke The SPEAKER pro tempore (Mr. Bera Gottheimer Pallone HULTGREN). The question is on the res- NAYS—190 Beyer Green, Al Panetta Bishop (GA) Green, Gene Pascrell olution. Adams Eshoo Maloney, Blumenauer Grijalva Payne The question was taken; and the Aguilar Espaillat Carolyn B. Blunt Rochester Gutie´rrez Pelosi Speaker pro tempore announced that Barraga´ n Esty (CT) Maloney, Sean Bonamici Hanabusa Perlmutter the ayes appeared to have it. Bass Evans Matsui Boyle, Brendan Hastings Peters Beatty Foster McCollum F. Heck Peterson Ms. SLAUGHTER. Mr. Speaker, on Bera Frankel (FL) McEachin Brady (PA) Higgins (NY) Pingree that I demand the yeas and nays. Beyer Fudge McGovern Brown (MD) Himes Polis The yeas and nays were ordered. Bishop (GA) Gabbard McNerney Brownley (CA) Hoyer Price (NC) The SPEAKER pro tempore. This is a Blumenauer Gallego Meeks Bustos Huffman Quigley Blunt Rochester Garamendi Meng Butterfield Jackson Lee Raskin 5-minute vote. Bonamici Gomez Moore Capuano Jayapal Rice (NY) The vote was taken by electronic de- Boyle, Brendan Gonzalez (TX) Moulton Carbajal Jeffries Richmond vice, and there were—yeas 233, nays F. Gottheimer Murphy (FL) Ca´ rdenas Johnson (GA) Rosen Brady (PA) Nadler 190, not voting 9, as follows: Green, Al Carson (IN) Kaptur Ruiz Brown (MD) Green, Gene Napolitano Cartwright Brownley (CA) Neal Keating Ruppersberger [Roll No. 617] Grijalva Castor (FL) Kelly (IL) Rush Bustos Nolan Gutie´rrez Castro (TX) Kennedy Ryan (OH) YEAS—233 Butterfield Norcross Hanabusa Chu, Judy Khanna Sa´ nchez Abraham Comstock Gowdy Capuano O’Halleran Hastings Cicilline Kihuen Sarbanes Allen Conaway Granger Carbajal O’Rourke Heck Clark (MA) Kildee Schakowsky Amash Cook Graves (GA) Ca´ rdenas Pallone Higgins (NY) Clarke (NY) Kilmer Schiff Amodei Costello (PA) Graves (LA) Carson (IN) Panetta Himes Clay Kind Schneider Arrington Cramer Graves (MO) Cartwright Pascrell Hoyer Cleaver Krishnamoorthi Schrader Babin Crawford Griffith Castor (FL) Payne Huffman Clyburn Kuster (NH) Scott (VA) Bacon Culberson Grothman Castro (TX) Pelosi Jackson Lee Cohen Langevin Scott, David Banks (IN) Curbelo (FL) Guthrie Chu, Judy Perlmutter Jayapal Connolly Larsen (WA) Serrano Barletta Davidson Handel Cicilline Peters Conyers Larson (CT) Sewell (AL) Barr Davis, Rodney Harper Clark (MA) Jeffries Peterson Cooper Lawrence Shea-Porter Barton Denham Harris Clarke (NY) Johnson (GA) Pingree Correa Lawson (FL) Sherman Bergman Dent Hartzler Clay Kaptur Polis Costa Lee Sinema Biggs DeSantis Hensarling Cleaver Keating Price (NC) Courtney Levin Sires Bilirakis DesJarlais Herrera Beutler Clyburn Kelly (IL) Quigley Crist Lewis (GA) Slaughter Bishop (MI) Diaz-Balart Hice, Jody B. Cohen Kennedy Raskin Crowley Lieu, Ted Smith (WA) Bishop (UT) Donovan Higgins (LA) Connolly Khanna Rice (NY) Cummings Lipinski Soto Black Duffy Hill Conyers Kihuen Richmond Davis (CA) Loebsack Speier Blackburn Duncan (SC) Holding Cooper Kildee Rosen Davis, Danny Lofgren Suozzi Blum Duncan (TN) Hollingsworth Correa Kilmer Ruiz DeFazio Lowenthal Swalwell (CA) Bost Dunn Hudson Costa Kind Ruppersberger DeGette Lowey Takano Brady (TX) Emmer Huizenga Courtney Krishnamoorthi Rush Delaney Lujan Grisham, Thompson (CA) Brat Estes (KS) Hultgren Crist Kuster (NH) Ryan (OH) DeLauro M. Thompson (MS) Brooks (AL) Farenthold Hunter Crowley Langevin Sa´ nchez DelBene Luja´ n, Ben Ray Titus Brooks (IN) Faso Issa Cummings Larsen (WA) Sarbanes Demings Lynch Tonko Buchanan Ferguson Jenkins (KS) Davis (CA) Larson (CT) Schakowsky DeSaulnier Maloney, Torres Buck Fitzpatrick Jenkins (WV) Davis, Danny Lawrence Schiff Deutch Carolyn B. Tsongas Bucshon Fleischmann Johnson (LA) DeFazio Lawson (FL) Schneider Dingell Maloney, Sean Vargas Budd Flores Johnson (OH) DeGette Lee Schrader Doggett Matsui Veasey Burgess Fortenberry Johnson, Sam Delaney Levin Scott (VA) Doyle, Michael McCollum Vela Byrne Foxx Jones DeLauro Lewis (GA) Scott, David F. McEachin Vela´ zquez Calvert Franks (AZ) Jordan DelBene Lieu, Ted Serrano Ellison McGovern Visclosky Carter (GA) Frelinghuysen Joyce (OH) Demings Lipinski Sewell (AL) Engel McNerney Walz Carter (TX) Gaetz Katko DeSaulnier Loebsack Shea-Porter Eshoo Meeks Wasserman Chabot Gallagher Kelly (MS) Deutch Lofgren Sherman Espaillat Meng Schultz Cheney Garrett Kelly (PA) Dingell Lowenthal Sinema Esty (CT) Moore Waters, Maxine Coffman Gianforte King (IA) Doggett Lowey Sires Evans Moulton Watson Coleman Cole Gibbs King (NY) Doyle, Michael Lujan Grisham, Slaughter Foster Murphy (FL) Welch Collins (GA) Gohmert Kinzinger F. M. Smith (WA) Frankel (FL) Nadler Wilson (FL) Collins (NY) Goodlatte Knight Ellison Luja´ n, Ben Ray Soto Fudge Napolitano Yarmuth Comer Gosar Kustoff (TN) Engel Lynch Speier

VerDate Sep 11 2014 00:53 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.011 H08NOPT1 H8614 CONGRESSIONAL RECORD — HOUSE November 8, 2017 Suozzi Tsongas Wasserman Espaillat Lamborn Rice (SC) Wilson (SC) Yarmuth Young (IA) Swalwell (CA) Vargas Schultz Estes (KS) Lance Richmond Wittman Yoder Zeldin Takano Veasey Waters, Maxine Esty (CT) Langevin Roby Womack Yoho Thompson (CA) Vela Watson Coleman Evans Larsen (WA) Roe (TN) Woodall Young (AK) Thompson (MS) Farenthold Larson (CT) Rogers (AL) Vela´ zquez Welch NOT VOTING—12 Titus Visclosky Wilson (FL) Faso Latta Rogers (KY) Tonko Walz Yarmuth Ferguson Lawrence Rohrabacher Allen Hurd Pocan Torres Fitzpatrick Lawson (FL) Rokita Bridenstine Johnson, E. B. Roskam Fleischmann Lee Rooney, Francis Cuellar Messer Roybal-Allard NOT VOTING—9 Flores Levin Rooney, Thomas Franks (AZ) Mitchell Sanford Aderholt Hurd Pocan Fortenberry Lewis (GA) J. Bridenstine Johnson, E. B. Roybal-Allard Foster Lewis (MN) Ros-Lehtinen b 1340 Cuellar Mitchell Sanford Foxx Lieu, Ted Rosen So (two-thirds being in the affirma- Frankel (FL) Lipinski Ross ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Frelinghuysen LoBiondo Rothfus tive) the rules were suspended and the The SPEAKER pro tempore (during Fudge Loebsack Rouzer bill, as amended, was passed. the vote). There are 2 minutes remain- Gabbard Lofgren Royce (CA) The result of the vote was announced Gaetz Long Ruiz as above recorded. ing. Gallagher Loudermilk Ruppersberger Gallego Love Rush A motion to reconsider was laid on b 1334 Garamendi Lowenthal Russell the table. So the resolution was agreed to. Garrett Lowey Rutherford Stated for: Gianforte Lucas Ryan (OH) Mr. FRANKS of Arizona. Mr. Speaker, I was The result of the vote was announced Gibbs Luetkemeyer Sa´ nchez as above recorded. Gohmert Lujan Grisham, Sarbanes unavoidably detained. Had I been present, I A motion to reconsider was laid on Gomez M. Scalise would have voted ‘‘yea’’ on rollcall No. 618. the table. Gonzalez (TX) Luja´ n, Ben Ray Schakowsky PERSONAL EXPLANATION Goodlatte Lynch Schiff Mr. SANFORD. Mr. Speaker, I was detained f Gosar MacArthur Schneider Gottheimer Maloney, Schrader this afternoon at Georgetown University Hos- VETERANS CRISIS LINE STUDY Gowdy Carolyn B. Schweikert pital as my youngest son Blake broke his nose ACT OF 2017 Granger Maloney, Sean Scott (VA) last evening and I was attending to him. Had Graves (GA) Marchant Scott, Austin The SPEAKER pro tempore. The un- Graves (LA) Marino Scott, David I been present, I would have voted ‘‘yea’’ on finished business is the vote on the mo- Graves (MO) Marshall Sensenbrenner rollcall No. 616, ‘‘yea’’ on rollcall No. 617, and Green, Al Massie Serrano ‘‘yea’’ on rollcall No. 618. tion to suspend the rules and pass the Green, Gene Mast Sessions bill (H.R. 4173) to direct the Secretary Griffith Matsui Sewell (AL) f of Veterans Affairs to conduct a study Grijalva McCarthy Shea-Porter HYDROPOWER POLICY on the Veterans Crisis Line, as amend- Grothman McCaul Sherman Guthrie McClintock Shimkus MODERNIZATION ACT OF 2017 ed, on which the yeas and nays were or- Gutie´rrez McCollum Shuster GENERAL LEAVE dered. Hanabusa McEachin Simpson Mr. UPTON. Mr. Speaker, I ask unan- The Clerk read the title of the bill. Handel McGovern Sinema imous consent that all Members may The SPEAKER pro tempore. The Harper McHenry Sires Harris McKinley Slaughter have 5 legislative days to revise and ex- question is on the motion offered by Hartzler McMorris Smith (MO) tend their remarks and include in the the gentleman from Florida (Mr. BILI- Hastings Rodgers Smith (NE) RECORD extraneous material on H.R. RAKIS) that the House suspend the rules Heck McNerney Smith (NJ) Hensarling McSally Smith (TX) 3043. and pass the bill, as amended. Herrera Beutler Meadows Smith (WA) The SPEAKER pro tempore (Mr. This is a 5-minute vote. Hice, Jody B. Meehan Smucker SIMPSON). Is there objection to the re- The vote was taken by electronic de- Higgins (LA) Meeks Soto quest of the gentleman from Michigan? vice, and there were—yeas 420, nays 0, Higgins (NY) Meng Speier Hill Moolenaar Stefanik There was no objection. not voting 12, as follows: Himes Mooney (WV) Stewart The SPEAKER pro tempore. Pursu- [Roll No. 618] Holding Moore Stivers Hollingsworth Moulton Suozzi ant to House Resolution 607 and rule YEAS—420 Hoyer Mullin Swalwell (CA) XVIII, the Chair declares the House in Abraham Buchanan Costa Hudson Murphy (FL) Takano the Committee of the Whole House on Adams Buck Costello (PA) Huffman Nadler Taylor the state of the Union for the consider- Aderholt Bucshon Courtney Huizenga Napolitano Tenney Aguilar Budd Cramer Hultgren Neal Thompson (CA) ation of the bill, H.R. 3043. Amash Burgess Crawford Hunter Newhouse Thompson (MS) The Chair appoints the gentleman Amodei Bustos Crist Issa Noem Thompson (PA) from Illinois (Mr. HULTGREN) to preside Arrington Butterfield Crowley Jackson Lee Nolan Thornberry over the Committee of the Whole. Babin Byrne Culberson Jayapal Norcross Tiberi Bacon Calvert Cummings Jeffries Norman Tipton b 1343 Banks (IN) Capuano Curbelo (FL) Jenkins (KS) Nunes Titus Barletta Carbajal Davidson Jenkins (WV) O’Halleran Tonko IN THE COMMITTEE OF THE WHOLE Barr Ca´ rdenas Davis (CA) Johnson (GA) O’Rourke Torres Accordingly, the House resolved Barraga´ n Carson (IN) Davis, Danny Johnson (LA) Olson Trott Barton Carter (GA) Davis, Rodney Johnson (OH) Palazzo Tsongas itself into the Committee of the Whole Bass Carter (TX) DeFazio Johnson, Sam Pallone Turner House on the state of the Union for the Beatty Cartwright DeGette Jones Palmer Upton consideration of the bill (H.R. 3043) to Bera Castor (FL) Delaney Jordan Panetta Valadao modernize hydropower policy, and for Bergman Castro (TX) DeLauro Joyce (OH) Pascrell Vargas Beyer Chabot DelBene Kaptur Paulsen Veasey other purposes, with Mr. HULTGREN in Biggs Cheney Demings Katko Payne Vela the chair. Bilirakis Chu, Judy Denham Keating Pearce Vela´ zquez The Clerk read the title of the bill. Bishop (GA) Cicilline Dent Kelly (IL) Pelosi Visclosky Bishop (MI) Clark (MA) DeSantis Kelly (MS) Perlmutter Wagner The Acting CHAIR. Pursuant to the Bishop (UT) Clarke (NY) DeSaulnier Kelly (PA) Perry Walberg rule, the bill is considered read the Black Clay DesJarlais Kennedy Peters Walden first time. Blackburn Cleaver Deutch Khanna Peterson Walker The gentleman from Michigan (Mr. Blum Clyburn Diaz-Balart Kihuen Pingree Walorski Blumenauer Coffman Dingell Kildee Pittenger Walters, Mimi UPTON) and the gentleman from Illinois Blunt Rochester Cohen Doggett Kilmer Poe (TX) Walz (Mr. RUSH) each will control 30 min- Bonamici Cole Donovan Kind Poliquin Wasserman utes. Bost Collins (GA) Doyle, Michael King (IA) Polis Schultz The Chair recognizes the gentleman Boyle, Brendan Collins (NY) F. King (NY) Posey Waters, Maxine F. Comer Duffy Kinzinger Price (NC) Watson Coleman from Michigan. Brady (PA) Comstock Duncan (SC) Knight Quigley Weber (TX) 1345 Brady (TX) Conaway Duncan (TN) Krishnamoorthi Raskin Webster (FL) b Brat Connolly Dunn Kuster (NH) Ratcliffe Welch Mr. UPTON. Mr. Chairman, I yield Brooks (AL) Conyers Ellison Kustoff (TN) Reed Wenstrup myself such time as I may consume. Brooks (IN) Cook Emmer Labrador Reichert Westerman Brown (MD) Cooper Engel LaHood Renacci Williams Mr. Chairman, I rise today in strong Brownley (CA) Correa Eshoo LaMalfa Rice (NY) Wilson (FL) support of H.R. 3043, the Hydropower

VerDate Sep 11 2014 00:53 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.004 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8615 Policy Modernization Act of 2017. This hancing consultation with Federal, ter contained in this or similar legislation, legislation, introduced by my friend State, and local agencies and Indian and you will be appropriately consulted and and colleague from the Energy and Tribes, and it requires FERC to estab- involved as the bill or similar legislation moves forward so that you may address any Commerce Committee, CATHY MCMOR- lish a process for setting the schedule remaining issues that fall within your Rule RIS RODGERS, is an important step to- for review. H.R. 3043 streamlines and X jurisdiction. Further, I will support the ward modernizing our energy infra- improves procedures to identify sched- appointment of conferees from the Com- structure, creating jobs, and, yes, uling issues, propose licensing condi- mittee on Oversight and Government Reform strengthening our economy. I want to tions, and resolve disputes. during any House-Senate conference con- thank her for her commitment to this This bill also contains provisions to vened on this or related legislation. issue. expedite the approval process for an Finally, a copy of our exchange of letters The committee went through regular amendment to a license for a quali- on this matter will be included in the Con- gressional Record during floor consideration order with the bill. We held two hear- fying hydro project upgrade. Without ings on background issues, one legisla- thereof. the hydropower licensing improve- Sincerely, tive hearing, and both subcommittee ments in this bill—without them—we GREG WALDEN, and full committee markups, where the risk losing investment opportunities in Chairman. bill was agreed to by a voice vote. Fol- new hydropower infrastructure which Mr. RUSH. Mr. Chairman, I yield my- lowing the markups, bipartisan com- would benefit consumers with afford- self such time as I may consume. mittee staff held more meetings to able electricity and expand the use of Mr. Chairman, I rise in strong opposi- hear from over a dozen Tribal govern- clean, renewable energy. tion to H.R. 3043, the Hydropower Pol- ments to gather additional views. Again, I thank my colleagues for icy Modernization Act of 2017. I think that the resulting bill strikes their work, and the great staff, on this Mr. Chairman, while Members on a careful balance. Changes were made important piece of legislation. both sides of the aisle support hydro- to increase State and Tribal consulta- Mr. Chairman, I reserve the balance power, unfortunately, the bill before us tion requirements, and a very strong of my time. today is deeply flawed and will not savings clause was added to protect HOUSE OF REPRESENTATIVES, COM- modernize or improve the hydropower States’ authorities under the Clean MITTEE ON OVERSIGHT AND GOV- licensing process. Instead, Mr. Chair- Water Act. ERNMENT REFORM, man, H.R. 3043 would place private Hydropower is an essential compo- Washington, DC, October 31, 2017. nent of an all-of-the-above energy profits above the public interest by giv- Hon. GREG WALDEN, ing priority of our public waterways to strategy for this country. Hydropower Chairman, Committee on Energy & Commerce, industry in order to generate power is clean; it is renewable and affordable House of Representatives, Washington, DC. base load power. It is good for con- DEAR MR. CHAIRMAN: I write concerning and profits over and above the rights sumers’ electricity bills, and it is also H.R. 3043, the ‘‘Hydropower Policy Mod- and the interests of Native Tribes or good for jobs, which is why labor is ernization Act of 2017.’’ This bill contains farmers or fishermen, boaters, and strongly supportive of this legislation. provisions within the jurisdiction of the other stakeholders who also rely on There is a tremendous opportunity to Committee on Oversight and Government these public rivers and streams. Reform. As a result of your having consulted Mr. Chairman, it is very important expand hydropower production on ex- with me concerning the provisions of the bill isting nonpowered dams. Less than 3 for us to remember that hydroelectric that fall within our Rule X jurisdiction, I licenses can span between 30 and 50 percent of the dams in the U.S., ap- agree to forgo consideration of the bill so the proximately 2,200 dams, produce elec- bill may proceed expeditiously to the House years, and, under existing law, a li- tricity. There are also opportunities to floor. cense holder can be granted automatic improve the process for the projects The Committee takes this action with our yearly extensions in perpetuity with- that are due for relicensing. By 2030, mutual understanding that by foregoing con- out even having to reapply. over 400 existing projects, with almost sideration of H.R. 3043 at this time we do not Mr. Chairman, this issue is far too 19,000 megawatts of capacity, will begin waive any jurisdiction over the subject mat- important for us not to get it right this ter contained in this or similar legislation, time. And what does H.R. 3043 actually the relicensing process, and these and we will be appropriately consulted and projects, in fact, may be at risk. do? involved as the bill or similar legislation This bill will make the Federal En- Fixing the licensing process would moves forward so that we may address any also improve safety. Upgrading the per- remaining issues that fall within our Rule X ergy Regulatory Commission, FERC, formance of existing dams and uti- jurisdiction. Further, I request your support the lead agency over the licensing lizing existing nonpowered dams, ca- for the appointment of conferees from the process and will require Native Tribes, nals, and conduits would enable invest- Committee on Oversight and Government the States, and other Federal resource ments, which would address aging Reform during any House-Senate conference agencies to pay deference to the Com- dams and, yes, improve overall safety. convened on this or related legislation. mission, even in areas where FERC has The duration, complexity, and uncer- Finally, I would appreciate your response absolutely no expertise or statutory to this letter confirming this understanding authority, including on issues regard- tainty of the hydropower licensing and ask that a copy of our exchange of let- process creates significant challenges ters on this matter be included in the Con- ing agricultural water use, drinking that prevent investments that would gressional Record during floor consideration water protection, fisheries manage- create jobs and benefit consumers. The thereof. ment, and recreational river use. How licensing process for a new hydropower Sincerely, absurd, Mr. Chairman. development project can last over a TREY GOWDY. Additionally, Mr. Chairman, H.R. decade and costs tens of millions of 3043 would expand and alter the trial- dollars—significantly longer than the HOUSE OF REPRESENTATIVES, type hearing provisions on the Federal time that it takes to construct a nat- COMMITTEE ON ENERGY AND COMMERCE, Power Act, essentially rigging the Washington, DC, November 1, 2017. process in favor of industry by pro- ural gas-fired power plant of the same Hon. Trey Gowdy, size. Chairman, Committee on Oversight and Govern- viding multiple new entry points to This legislation, H.R. 3043, would ment Reform, Washington, DC. challenge conditions designed by Fed- level the playing field by modernizing DEAR CHAIRMAN GOWDY: Thank you for eral resource agencies. the permitting process without com- your letter concerning H.R. 3043, Hydropower Mr. Chairman, the threat of these promising environmental protections. Policy Modernization Act of 2017. As you timely and costly hearings may be used The bill improves administrative effi- note, this bill contains provisions within the to coerce agencies to propose weaker ciency, accountability, and trans- jurisdiction of the Committee on Oversight conditions, and, at the same time, this parency. It requires balanced, timely and Government Reform, and appreciate bill also shifts the venue for these decisionmaking and reduces duplica- your agreement to forgo consideration of the hearings to FERC, which is another bill so the bill may proceed expeditiously to tive oversight from the multiple Fed- the House floor. very obvious handout and handover to eral agencies that review hydropower I agree that by foregoing consideration of industry. applications. H.R. 3043 at this time, the Committee on Mr. Chairman, in testimony before This bill brings certainty and timeli- Oversight and Government Reform does not the Energy and Commerce Committee, ness to the licensing process by en- waive any jurisdiction over the subject mat- we heard, repeatedly, that a major

VerDate Sep 11 2014 00:53 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.037 H08NOPT1 H8616 CONGRESSIONAL RECORD — HOUSE November 8, 2017 cause for licensing delays was due to latory burden to allow this process to the purpose of coordinating all applica- incomplete applications that do not in- move forward. tions of Federal authorizations, and es- clude all the pertinent information This legislation seeks to streamline tablishes coordinated procedures for that is necessary to issue a decision. the relicensing process in an inclusive the licensing of hydropower projects. Mr. Chairman, H.R. 3043 does noth- and environmentally friendly way. On By designating FERC as the lead ing, absolutely nothing, to address this average, it only takes 18 months to au- when coordinating with agencies, very, very serious issue. In fact, this thorize or relicense a new natural gas States, and Tribes, there will be added bill will implement strict timelines on facility—18 months—but it can take up transparency and collaboration. This Federal resource agencies, States, and to 10 years or longer to license a new added certainty in the relicensing proc- Tribes, but does not require applicants hydropower project or relicense an ex- ess will diminish the burden on re- to submit all of their information to isting facility—10 years. source agencies, help avoid unneces- these agencies before the clock actu- Right now, it can be extremely costly sary delays, and ultimately lower costs ally starts ticking. and an uncertain process to relicense to my constituents. Mr. Chairman, FERC, itself, the very an existing dam or license a new dam. My legislation also incentivizes cap- agency that will be charged with im- Investors are pursuing other base load ital-intensive projects like updating plementing this grossly bad bill, FERC, sources of energy because of the cur- turbines or improving fish ladders. itself, disputed claims that this bill rent regulatory process. I want to en- Right now, these upgrades are only in- would streamline the licensing process, courage these investments so that we cluded in the lifespan of a dam’s li- noting that the legislation ‘‘could in- can support and expand renewable, car- cense during the relicensing window. crease the complexity and the length of bon-free hydropower. Included in the legislation is an early the licensing process.’’ These are As I understand it, hydropower is action provision requiring FERC to in- FERC’s words, FERC’s words before the well-supported by my colleagues, but clude all protection, mitigation, and committee. many think we are tipping the scales enhancement measures during the reli- Mr. Chairman, we cannot allow hy- in favor of this source. censing process. In addition, the legis- First, I would like to define industry. dropower facilities to claim a monop- lation allows the timely and efficient We are hearing a lot about industry on oly over our public waterways without completion of licensing procedures by the other side. mitigating the negative impacts of minimizing the duplication of studies In eastern Washington, many of and establishing a program to compile these facilities on others who rely on these dams are owned by small PUDs these resources and without, at the who pass on all of the costs to the rate- a comprehensive collection of studies same time, without complying with payers. These costs are delivered to the and data on a regional or basin-wide modern environmental laws. people of eastern Washington and scale. At the same time, industry has H.R. 3043, Mr. Chairman, is opposed throughout the United States. These the option to help pay for studies and by States, opposed by the Native are not major corporations. staff resources to speed up the process. Tribes, opposed by the outdoor recre- I have also heard that we are low- As a co-chair of the Northwest En- ation industry and by more than 150 ering environmental standards during ergy Caucus, I recognize and I am ex- national and local environmental orga- the licensing process for Tribes and cited about the tremendous potential nizations. States. At the request of the Western hydropower brings not just to my dis- Mr. Chairman, it is for all of these Governors’ Association, we added lan- trict in eastern Washington, but to the reasons that I, too, stand in concert guage to clarify that nothing in this country. By utilizing currently un- and side by side with Native Tribes, the bill—nothing in this bill—will touch tapped resources and unleashing Amer- outdoor recreation industry, and the the Federal Water Pollution Control ican ingenuity, hydropower production other 150 national and local environ- Act, the Fish and Wildlife Coordination will lower energy costs and help create mental organizations. It is for these Act, the Endangered Species Act, the jobs. reasons that I, too, must oppose this Rivers and Harbors Appropriation Act, This bill is not about changing out- bill, and I urge all of my colleagues to or the National Historic Preservation comes or environmental law. This bill do the same. Act. is about speeding up the process and Mr. Chairman, I reserve the balance I have also heard that we did not saving time and money. of my time. allow Tribes and States to testify on Mr. Chair, I urge all of my colleagues Mr. UPTON. Mr. Chairman, I yield this bill. I struggle with these com- to support clean American energy and such time as she may consume to the ments. This bill has gone through reg- to support the Hydropower Policy Mod- gentlewoman from Washington State ular order. We have held multiple hear- ernization Act of 2017. (Mrs. MCMORRIS RODGERS), the author ings. We had a member from the Stand- Mr. RUSH. Mr. Chair, I yield such of this legislation. ing Rock Sioux Tribe on one of the time as he may consume to the gen- Mrs. MCMORRIS RODGERS. Mr. panels. It passed out of committee with tleman from New Jersey (Mr. PAL- Chairman, I appreciate all of the work a voice vote because concerns were LONE), from the State that made such a that has gone into this legislation, and raised from the Tribes, and we com- significant and giant step last night to I rise in support and urge support of mitted to sitting down and working making our Nation a better nation, the the Hydropower Policy Modernization with the Tribes to attempt to reach ranking member of the full committee. Act of 2017. Mr. PALLONE. Mr. Chair, I thank some language. I am proud of our ef- Hydropower serves as the Nation’s Mr. RUSH, our ranking member of the forts in that regard, and I am greatly largest source of clean, renewable, reli- subcommittee, for yielding. disappointed that, at the end of the able, and affordable energy. In my Mr. Chair, I rise in strong opposition day, the Tribes did not come to an home State of Washington, it is rough- to H.R. 3043. agreement on the legislation. ly 70 percent of our electricity that I support hydropower. It can deliver comes from hydropower. It is one of b 1400 low-carbon, affordable power if it is the reasons that we enjoy some of the Although we weren’t able to reach well-sited and managed. But these fa- lowest electricity rates in the country. that resolution, we do protect the in- cilities, which are licensed for 30 to 50 Only 3 percent of the dams produce tegrity of this legislation. years, can do enormous harm to fish- electricity, and there is room for tre- Licenses are complex, but there is no eries, agriculture, and recreational cul- mendous potential to increase produc- excuse for a process to take 10 years. It tural resources if not properly over- tion of this renewable energy resource. is time to update the approval process seen. The hydropower licensing process In fact, we could double hydropower and make hydropower production easi- can be more efficient, but electric util- production and create an estimated er and less costly without sacrificing ities should not be permitted to oper- 700,000 new jobs without building a sin- environmental review. That is exactly ate without license conditions that en- gle new dam, simply by updating the what the Hydropower Policy Mod- sure other public interests are met. technology in our existing infrastruc- ernization Act of 2017 will do. As I look at H.R. 3043 and weigh it ture and streamlining the relicensing Specifically, my legislation des- against the list of stakeholders with process. But we must reduce the regu- ignates FERC as the lead agency for interests in the rivers and watersheds

VerDate Sep 11 2014 00:53 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.038 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8617 that provide hydroelectric facilities class citizens in this process. FERC is before our committee, disputed claims their fuel, I see a bill that is unbal- required to consult with them, but con- that the bill would streamline the li- anced, regressive, and dangerous; that sultation does not ensure they will get censing process, noting that the legis- will harm farmers, fishermen, boaters, FERC’s support to fulfill their mis- lation ‘‘could increase the complexity Tribes, and drinking water. sions. and length of the licensing process.’’ H.R. 3043 will allow private hydro- In this bill, all of the discipline is ap- Hydropower facilities are using our power companies to use public water plied to government agencies, but none most precious resource: water. resources to generate power and profit, to the applicant. This is especially true I don’t think it is too much to ask but without mitigating the negative in the case of license renewals. Any li- that facilities awarded long-term li- impacts of their facilities on others cense that wants to avoid new invest- censes and free fuel share the rivers who rely on our rivers, and without ments or operating conditions can cer- with others. complying with modern environmental tainly do so because FERC will grant Mr. Chair, I urge my colleagues to laws. them automatic annual license renewal oppose the bill. H.R. 3043, is a direct assault on for as many years as they need. Mr. UPTON. Mr. Chair, I yield 11⁄2 States’ rights, Tribal rights, and it un- Another reason why this bill will not minutes to the gentleman from Vir- dercuts major environmental laws, in- expedite hydroelectric licenses is be- ginia (Mr. GRIFFITH), a member of the cluding the Clean Water Act, the Na- cause, rather than streamlining the Energy and Commerce Committee. tional Environmental Policy Act, and process, H.R. 3043 greatly expands liti- Mr. GRIFFITH. Mr. Chairman, hy- the Endangered Species Act. It gation opportunities, something that dropower is an essential component of prioritizes the use of rivers for power will increase the expense and time re- an all-of-the-above energy strategy. generation above the needs of all other quired to award a license. It does this We have a tremendous opportunity to water uses, and it inserts the Federal by providing for a biased, costly trial- expand renewable hydropower produc- Energy Regulatory Commission into type hearing process to secure deci- tion. However, without some much- decisions that it has no authority, ex- sions in the utility’s favor. needed licensing improvements, we perience, or expertise to make. Current law allows a single oppor- risk losing investment opportunities in So what this bill will not do is speed tunity to challenge an agency condi- new hydropower infrastructure. In par- up the licensing process. FERC testi- tion to avoid undue expense and delay ticular, closed-loop pumped storage fied before our committee that one of in the licensing process. H.R. 3043 ex- hydro projects offer the opportunity to the causes of delay in the licensing pands the opportunities to challenge store energy for use when it is needed. I have introduced separate legisla- process was the failure of the applicant agency decisions, allows multiple chal- tion, H.R. 2880, with the goal of making to provide a complete application, yet lenges, and moves the venue for these the review process of these projects as this bill does nothing to ensure that an hearings. Not even FERC thinks that this is a efficient as possible. Both H.R. 3043 and applicant provides one. It makes no good idea. In fact, at our hearing on H.R. 2880 will allow the Federal Energy sense to impose a deadline if there is this bill, the Deputy Associate General Regulatory Commission to impose li- no clearly defined starting point in the Counsel of FERC advised the com- censing conditions only as necessary to form of a completed application. mittee to either retain the existing How can a State make a decision on protect public safety, or that are rea- trial-type hearing process or eliminate a water quality certificate if the appli- sonable, economically feasible, and es- it altogether. sential to protect fish and wildlife re- cant hasn’t submitted the information Well, that advice obviously fell on that State needs to make that deci- sources. deaf ears because the bill puts the I am excited about the possibility sion? trial-type hearing process on steroids. some are exploring to build these fa- While FERC requires applicants to In essence, the private hydro compa- cilities in abandoned mine lands. This submit a complete application on the nies pick the venue, set the rules, and renewable energy solution for power matters over which it has direct re- secure additional points in the license could be a real benefit to our coal field sponsibility, the Commission has many process to challenge conditions that regions in central Appalachia in the times denied a similar opportunity to Federal resource agencies or FERC form of jobs, economic development, State and Federal agencies with regard seeks to impose on a license to protect and energy security. I am proud of to matters where they have primacy. public interests. FERC warned that what we are doing here in an effort to In fact, FERC has a history of merely this change would increase the ex- make this happen. consulting with other stakeholders pense, complexity, and the length of li- Industry and labor groups alike sup- while dismissing their concerns and censing process—hardly the traits you port H.R. 3043 because a modern regu- failing to incorporate minimal re- would associate with streamlining. latory framework for hydro is good for source protections into hydropower li- Ultimately, the bill is a bad bill be- jobs and good for consumers. The fol- censes. cause it is bad for Native Americans; it lowing groups have written in support As an example, FERC recently failed is bad for the environment; it is bad for of the bill: to impose a number of conditions the recreation; it is bad for farmers and ag- The American Council on Renewable State of West Virginia included in its riculture; and H.R. 3043 is bad for Energy, the International Brotherhood water quality certificate for a project States, that will now find it much of Boilermakers, the International on the Monongahela River. FERC did harder to protect water quality and Brotherhood of Electrical Workers, the this in spite of the fact that West Vir- manage the waters within their bound- International Federation of Profes- ginia acted in a timely manner. West aries. sional and Technical Engineers, and Virginia acted in accordance with its Maybe that is why the bill is opposed many others. law and delegated responsibility under by States, Tribes, the outdoor recre- Mr. Chairman, I include in the the Clean Water Act. ation industry, and more than 150 na- RECORD the letter containing the Yesterday, I sent a letter with sev- tional and local environmental organi- names of supporters. eral of my colleagues to FERC express- zations. NOVEMBER 6, 2017. ing concern over the process it used on Opponents of the bill include the The undersigned groups are writing to ex- this project. Western Governors’ Association, the press strong support for H.R. 3043, the Hydro- This bill virtually ensures that type Southern States Energy Board, the Na- power Policy Modernization Act of 2017, and of situation will be repeated. Now, a tional Congress of American Indians, to request your vote as it is considered on project that is noncontroversial, sup- the Environmental Council of the the floor of the U.S. House of Representa- ported by the State, is likely to be States, the Outdoor Alliance, the Na- tives this week. stalled by hearings and other possible tional Wildlife Federation, the Amer- Hydropower is America’s single largest provider of renewable electricity, making up litigation that could have been avoid- ican Rivers, Trout Unlimited, and the almost one-half of all generation from re- ed. League of Conservation Voters, among newable resources. Given that hydropower is Mr. Chair, the truth is that H.R. 3043 many others. an important source of domestic, emissions- treats Federal agencies, State govern- Perhaps the ultimate condemnation free, flexible power needed to ensure con- ments, and Indian Tribes as second comes from FERC, which, in testimony sistent and reliable electric service, we must

VerDate Sep 11 2014 00:53 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.040 H08NOPT1 H8618 CONGRESSIONAL RECORD — HOUSE November 8, 2017 look to preserve and protect our existing hy- Under the Clean Water Act, States my home State of Oregon. Hydropower dropower system and promote new expansion have the right to protect their water generates 43 percent of electricity in opportunities. by setting water quality conditions on my State. It is dependable base load, it H.R. 3043 provides a framework that adds accountability and transparency, eliminates hydropower licenses. This bill would is carbon-free, it is renewable, and it is inefficiencies and redundancies, and unlocks constrain that authority, forcing very important to our region. innovation and advancements in technology States to issue rushed conditions using Nationally, hydropower is one of the and operations, while protecting environ- incomplete scientific data, or sur- largest sources of renewable electricity mental values, public participation, and all render their authority to issue condi- generation. A recent Department of existing authorities of federal and state deci- tions at all. In short, the choice that Energy report said that U.S. hydro- sion-makers in the licensing process States have to protect their water and power could grow by almost 50 percent The current regulatory environment is their people is to either do it poorly or by the year 2050. placing hydropower at risk. The licensing Thankfully, my good friend from process can result in both new and existing not at all. projects taking up to ten years or longer to We had a fix for this. We had an Washington, CATHY MCMORRIS ROD- receive their approvals. This not only cre- amendment to H.R. 3043, but it was not GERS, introduced this legislation be- ates uncertainty for project owners and de- made in order. It would have preserved cause, as these entities go to relicense, velopers alike, but burdens electricity cus- the critical role States play in pro- sometimes it costs tens of millions of tomers with additional unnecessary costs tecting local water quality by exempt- dollars just to get a renewal of a gov- and only delays important environmental ing their rights under the Clean Water ernment permit to continue to do what measures that the industry, resource agen- Act from the bill. you have been doing, and it can take 7 cies, and the environmental community to 10 years to work through the proc- agreed upon during the licensing process and For Marylanders in my State, this want to see deployed. issue is bipartisan and hits close to ess. By the way, all those costs gen- Additionally, the fleet of almost 2,200 hy- home. FERC is currently considering erally—guess who pays for them? The dropower projects across the country sup- the relicensing of a hydroelectric dam ratepayers. People paying their elec- ports approximately 118,000 ongoing full-time on the Susquehanna River. The Sus- tricity bill end up paying for all this equivalent jobs in operations and mainte- quehanna provides 50 percent of all of incredible, out-of-control review and nance and 25,000 jobs in construction and up- the freshwater that reaches the Chesa- regulation. grades. By maintaining our existing fleet peake Bay, making it a critical driver As the committee worked on this leg- and supporting growth in the sector, the hy- islation under the able hand of the dropower industry could support close to of the Bay’s water quality. Any new 200,000 jobs. Further local economic develop- FERC license will need to have condi- chairman of the Subcommittee on En- ment in other industries is also spurred due tions that protect the Susquehanna ergy, Mr. UPTON, we solicited feedback to access to affordable electricity from hy- and the Bay from the sediment and nu- from all stakeholders as we crafted dropower projects. However, we will not real- trient pollution built up behind the this. We made a number of changes to ize the full measure of these jobs and eco- dam. That is why even Republicans in address the concerns. We had hearings, nomic opportunities without improvements our State, the secretary of the environ- and we had lots of other individual dis- to the licensing process. ment, and secretary of natural re- cussions and roundtables. We added We believe H.R. 3043 is a moderate proposal new provisions to ensure that States developed with bipartisan input and, as such, sources sent a letter urging Congress deserves strong support by both Republicans to strike the provisions in this bill that and Tribes are consulted early in the and Democrats. Please contact any of our or- would limit Maryland’s ability to set licensing process to identify and re- ganizations for additional information or as- water quality conditions. solve issues of concern. sistance on this bill. I am disappointed that my colleagues We also made sure that State and Sincerely, on the other side of the aisle in this local governments could recoup the The American Council on Renewable En- body, who so often remark on the im- cost of reviewing applications and con- ergy (ACORE), American Public Power portance of protecting States’ rights ducting studies. We even added a Association (APPA), Business Council from usurping Federal agencies, have strong savings clause that clarifies our for Sustainable Energy (BCSE), Edison intent that nothing in the bill shall be Electric Institute (EEI), International refused to protect States by bringing Brotherhood of Boilermakers (Boiler- this critical amendment to the floor. construed to effect any requirement of makers), International Brotherhood of Mr. Chair, I urge all of my colleagues the Clean Water Act, the Endangered Electrical Workers (IBEW), Inter- to oppose H.R. 3043. Species Act, and other environment national Federation of Professional laws. and Technical Engineers (IFPTE), b 1415 As a result, we find ourselves here Large Public Power Council (LPPC), Mr. UPTON. Mr. Chairman, I yield 3 today with bipartisan support for this Laborers’ International Union of North minutes to the gentleman from Oregon legislation and the support of the America (LiUNA), National Electrical (Mr. WALDEN), who is the chair of the American Council on Renewable En- Contractors Association (NECA), Na- Energy and Commerce Committee. tional Hydropower Association (NHA), ergy, the American Public Power Asso- National Rural Electric Cooperative Mr. WALDEN. Mr. Chairman, I want ciation, the Business Council for Sus- Association (NRECA), North America to draw attention, first of all, to page tainable Energy, Edison Electric Insti- Building Trades Council (NABTU), 17, line 23, of the bill because we have tute, the International Brotherhood of United Brotherhood of Carpenters and heard from those who oppose it that Boilermakers and Electrical Workers, Joiners of America (Carpenters). somehow this could adversely under- the International Federation of Profes- Mr. UPTON. Mr. Chair, can I inquire mine the Federal Water Pollution Con- sional & Technical Engineers, the as to how much time is remaining on trol Act, the Fish and Wildlife Coordi- Large Public Power Council, Laborers’ both sides? nation Act, the Endangered Species International Union of North America, The Acting CHAIR (Mr. ROGERS of Act, the Clean Water Act, et cetera. the National Electrical Contractors As- Kentucky). The gentleman from Michi- Line 23 makes it very clear, ‘‘No ef- sociation, the National Hydropower As- gan has 17 minutes remaining, and the fect on other laws. Nothing in this sec- sociation, the National Rural Electric gentleman from Illinois has 16 minutes tion shall be construed to affect any re- Cooperative Association, North Amer- remaining. quirement of’’ these underlying and ica Building Trades Council, and the Mr. RUSH. Mr. Chairman, I yield 2 very important laws that protect our United Brotherhood of Carpenters and minutes to the gentleman from Mary- environment. Joiners of America—those most intri- land (Mr. SARBANES), a very important So I just want to make sure that is in cately involved in making sure we have member of the committee. the RECORD. This is the current text of reliable and clean base load hydro- Mr. SARBANES. Mr. Chairman, I the bill we are voting on today. power. thank the gentleman for yielding. Mr. Chairman, I rise in support of Support this modernization legisla- Mr. Chair, I rise in opposition to the H.R. 3043, the Hydropower Policy Mod- tion. Mr. Chairman, it is bipartisan, Hydropower Policy Modernization Act ernization Act. and I urge my colleagues to support it. of 2017 because it weakens States’ Hydropower plays an enormously im- Mr. RUSH. Mr. Chairman, I yield 3 rights to protect their own water qual- portant role in electricity generation minutes to the gentleman from New ity. across the country, and especially in York (Mr. TONKO).

VerDate Sep 11 2014 00:53 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.013 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8619 Mr. TONKO. Mr. Chairman, I thank ess which encourages all stakeholders committee considered another bill au- the ranking member of our sub- to engage in a robust, information thored by the Congresswoman—H.R. committee, the gentleman from Illi- sharing process up front. 3144—that looks to provide certainty nois, for his leadership and hard work Now, finally, to set the record and reliability to several Federal hy- on the subcommittee and for yielding straight, I listened intently as the gen- dropower projects producing electricity me this time. tlewoman from Washington State, the in the Federal Columbia River Power Mr. Chairman, I want to express a sponsor of the bill, spoke to the fact System that have been mired in third- few concerns with the bill before us. that the Standing Rock Sioux were, in- party litigation, questionable and ex- But first, let me say that I support hy- deed, represented at hearings, that pensive judicial edicts, and onerous dropower and believe it must be main- they had a witness at the FERC hear- Federal regulations. tained as an important part of our gen- ings. They were there to discuss pipe- Mr. RUSH. Mr. Chairman, I yield 2 eration mix. lines and not hydro. minutes to the gentleman from Cali- Hydro is an excellent source of reli- Mr. Chairman, so I am opposing this fornia (Mr. GARAMENDI). able, zero-emissions electricity genera- bill today, but I hope we can move for- Mr. GARAMENDI. Mr. Chairman, tion. In order to address climate ward with a truly bipartisan process in February 17, Oroville Dam, California, change and increase clean energy pro- the future to improve the licensing a 30-foot potential tsunami coming duction, it is, indeed, critical that we process while respecting the needs of down on the cities of Oroville and fur- make licensing and relicensing of these all stakeholders. ther down the river in Marysville and projects feasible. Mr. UPTON. Mr. Chairman, I yield 2 Yuba City. 200,000 people evacuated. This is an important issue for my minutes to the gentleman from Colo- Thankfully, the rain did stop and the home State of New York. Hydropower rado (Mr. LAMBORN), who is a member levee, or the spillway, that had failed resources produce 19 percent of New of the Natural Resources and Armed did not become a catastrophe. York State’s total electricity genera- Services Committees, to speak in sup- FERC is now in the process of reli- tion in 2016. The average age of New port of the bill. censing the dam, and a complete envi- York’s hydropower facilities is over 50 Mr. LAMBORN. Mr. Chairman, I rise ronmental impact statement is now years, and many projects are expected today in support of H.R. 3043, the Hy- more than a decade over, 2007. How- to go through the relicensing process dropower Policy Modernization Act of ever, there have been very significant in the next 15 years. 2017, sponsored by the gentlewoman changes like, you know, maybe the I want to reiterate that Members on from the State of Washington (Mrs. dam could collapse, or the spillway. We both sides of the aisle want to see these MCMORRIS RODGERS). know that the river has been further projects developed within reasonable This bill simply intends to bring hy- congested with the material that came timelines. I understand the current dropower permitting into the 21st cen- from the broken spillway. challenges in relicensing and the desire tury by improving efficiency, account- There are serious negative environ- to bring greater certainty to the proc- ability, and transparency within the mental impacts that have resulted ess. However, I do not think the bill be- Federal Energy Regulatory Commis- from the damaged spillway. The river fore us would address those concerns in sion and also reducing Federal duplica- can’t carry the same capacity. It has a balanced approach, which takes into tion. been silted. account the legitimate concerns of Hydropower is a reliable and emis- Bottom line, it is for these reasons State and Tribal governments and en- sions-free source of electricity that ac- that a failure by FERC to require a vironmental stakeholders. counts for much of the Nation’s total supplemental environmental impact The process that produced this bill renewable electricity generation. In statement would be a serious abdica- was flawed from the beginning. The fact, only 3 percent of existing dams in tion of FERC’s responsibility. committee failed to hold a hearing to the United States produce Unfortunately, a proposed amend- understand the concerns of State and hydroelectricity. This illustrates the ment by Mr. LAMALFA, my good Re- Tribal governments or Federal re- vast opportunity in this country for publican colleague, and me to require source agencies. These entities would new hydropower generation. such a supplemental impact statement be those whose authorities may be lim- In the Water, Power, and Oceans Sub- was not included in the bill. Neverthe- ited by FERC under this legislation. committee of the Natural Resources less, my message to FERC is clear: you The bill enables FERC to set a sched- Committee which I chair, we have must do this so that there is full pro- ule that may limit State and Tribal spent much of this Congress crafting tection and full understanding of the governments and other Federal agen- and advancing legislation to capitalize potential impact that this dam will cies from having the time to fully con- on these opportunities. Legislation have on communities, our water sup- sider and, yes, set conditions on license such as my bill, the Bureau of Rec- ply, as well as flooding. applications. lamation Pumped Storage Hydropower Mr. UPTON. Mr. Chairman, I yield 2 An enforceable FERC schedule, out- Development Act, is intended to pro- minutes to the gentleman from Ari- side the control of these agencies, may mote pumped storage hydropower de- zona (Mr. GOSAR). create a perverse incentive for appli- velopment at existing reclamation fa- Mr. GOSAR. Mr. Chairman, I rise cants to slow-walk their responses to cilities. Mrs. MCMORRIS RODGERS’ bill today in strong support of H.R. 3043 information requests from other agen- in front of us today goes hand in hand from Representative MCMORRIS ROD- cies and State governments, effectively with those efforts. GERS, the Hydropower Policy Mod- running out the clock and preventing Even our friends across the aisle ernization Act of 2017. conditions from being required on the agree with our efforts to promote hy- For centuries, Western States have application. dropower development. At a May over- fought over scarce water supplies. We Our water resources are precious. sight hearing in my subcommittee on even have an expression in the West Different stakeholders have a variety the challenges facing hydropower, com- that says: Whiskey is for drinking and of expectations and demands—power mittee Democrats helpfully suggested water is for fighting over. generation, recreation, wildlife and that we should find ways to retrofit all Water scarcity in the West led our vi- fish habitat, drinking water, and agri- nonpowered Federal facilities with hy- sionary forefathers to build Federal culture. Managing these resources ef- dropower. We should all agree that im- water storage projects throughout the fectively is about balancing those proving the permitting and approval West to provide water, hydropower, often-competing interests. process for these facilities would be the recreation, flood control, and environ- The Democratic alternative address- easiest way to achieve this goal. mental benefits while adhering to es the schedule concern by allowing Mr. Chairman, I want to thank Con- States’ water rights. stakeholders to be involved in the cre- gresswoman MCMORRIS RODGERS again These were nonpartisan endeavors, as ation of the schedule-setting process. for sponsoring this critical piece of leg- evidenced by President John F. Ken- But I also believe FERC has some of islation. She has been and continues to nedy dedicating the San Luis Dam in the necessary tools already in the un- be a champion supporter of hydro- California. While the Central Arizona derutilized Integrated Licensing Proc- power. Just last month, my sub- Project came after President Kennedy,

VerDate Sep 11 2014 00:53 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.043 H08NOPT1 H8620 CONGRESSIONAL RECORD — HOUSE November 8, 2017 it continues to bring prosperity to Ari- hydropower projects to protect their spent. Again, the same type of sce- zona’s cities, Tribal communities, reservation and resources. In fact, the nario: for farmers and families, no new ranches, and farms almost 50 years letter sent by Democratic Ranking improved water quality, no new water after its inception. Member PALLONE requesting a hearing storage, just a decade and $20 million The Glen Canyon Dam and other to allow Tribal input and Tribal par- for many, many studies that are not projects affiliated with the Colorado ticipation on this particular issue was improving our process. River Storage Project provided the left unanswered. The Acting CHAIR. The time of the backbone of a regional economy that So I say this to those Republicans gentleman has expired. has produced year-round and emis- who do support Tribal sovereignty and Mr. UPTON. Mr. Chair, I yield the sions-free hydropower. self-determination: You can still fix gentleman from California an addi- H.R. 3043 streamlines the permitting this issue and improve the Federal hy- tional 30 seconds. process and encourages the expansion dropower licensing process, simulta- Mr. DENHAM. Mr. Chair, this legisla- of hydropower generation by estab- neously, while still protecting Tribal tion is not going to solve all of our lishing a single lead coordinating agen- treaty rights, by supporting the Rush problems for California’s Central Val- cy, the Federal Energy Regulatory substitute amendment. ley, but it will help us with the chal- Commission, FERC, in order to facili- Join the Democratic Rush amend- lenges we are facing with relicensing. We can do things better, we can do tate in a timelier manner all hydro- ment that includes language to em- them more efficiently, and we can ac- power authorizations, approvals, and power Tribal governments to deter- tually bring water delivery to the peo- requirements mandated by Federal mine when a project may harm their ple who need it most. It starts with law. Tribe. Without this fix, this bill under- FERC relicensing and changing the This bill will also dramatically de- mines Tribal governments and harms process to a much more transparent crease costs to relicense non-Federal resources and lands, therefore, putting and efficient process. This bill deserves dams, a huge win for the West. energy profits above Tribal treaty a ‘‘yes’’ vote, which will help us Presently, FERC exercises jurisdic- rights. through that process. I urge my colleagues to take a stand. tion over 1,600 non-Federal hydropower Mr. RUSH. Mr. Chairman, I yield 2 Do not ignore your responsibility to projects at more than 2,500 dams under minutes to the gentleman from Cali- the Federal Power Act. Tribes when it matters most. Support fornia (Mr. COSTA). According to FERC, the relicensing the Democratic substitute amendment Mr. COSTA. Mr. Chair, I thank the workload is increasing dramatically. sponsored by Representative RUSH that gentleman from Illinois for yielding. Between FY 2017 and FY 2030, roughly preserves the responsibility of the Fed- Mr. Chair, I rise in support of H.R. 480 projects amounting to 45 percent of eral Government to honor treaty obli- 3043, the Hydropower Policy Mod- FERC-licensed projects will begin the gations and protect Tribal resources. ernization Act. relicensing process. Mr. UPTON. Mr. Chair, I yield 2 min- Mr. Chair, I believe, and I think oth- Rural co-ops, power companies, and utes to the gentleman from California ers do as well who have had experiences other stakeholders in the West need a (Mr. DENHAM). within their constituencies, within clear process without the bureaucracy. Mr. DENHAM. Mr. Chair, I rise in their congressional districts, that the Let’s get bureaucracy out of the way support of H.R. 3043, the Hydropower hydro relicensing process is plainly and pass H.R. 3043 so we have a clear Modernization Act of 2017. broken, plain and simple. process moving forward for pursuing In my area of California’s Central Let me give you a couple of real-life worthwhile hydropower projects. Valley, we have the Turlock and Mo- examples of why this legislation is Mr. Chairman, I thank the gentle- desto Irrigation Districts. They have needed, and why it is needed now. They woman from Washington for the spon- been fighting for over 8 years to reli- both provide energy in my district for sorship of this much-needed legisla- cense the Don Pedro hydropower facil- the people in the San Joaquin Valley, tion, and I urge my colleagues to vote ity. This is on the Tuolumne River. for households, for farmers, and for in support of this commonsense bill. This is where we get our drinking people in the valley, and they are the Mr. RUSH. Mr. Chairman, I yield 3 water for the families in our commu- same two examples that Congressman minutes to the gentleman from Cali- nities; this is where we get our water DENHAM spoke of a moment ago. fornia (Mr. RUIZ). for irrigation for our farms; yet our The Turlock and Modesto Irrigation Mr. RUIZ. Mr. Chairman, I rise in ratepayers have been spending money, Districts have worked through the li- strong opposition to H.R. 3043, the Hy- for over 8 years, just on the relicensing censing process in good faith for more dropower Policy Modernization Act, process. than 8 years, and they have spent over which undercuts Federal-Tribal treaty They have had engineers and sci- $30 million to renew the license for Don and trust obligations. In fact, parts of entists who have done 35 studies. They Pedro Dam, a facility that has been in this bill specifically eliminate protec- have done the modeling for FERC to operation for almost 40 years. The dis- tion for Tribes and ensure that dams show all the different impacts that will tricts estimate that, when they are fin- and other hydropower projects do not be had here. In the process, they have ished with this process, they will have harm Tribal fisheries, livelihoods, or spent $30 million already. They planned spent almost $50 million. violate treaty rights. to spend over $50 million. Meanwhile, the Merced Irrigation This is unacceptable. Not only does We are not going to have one drop of District, my constituency, has spent this undermine Tribal sovereignty, but extra water storage. This is not going over 10 years and $20 million to reli- it flies in the face of our moral and to improve the quality of the water cense the Exchequer Hydroelectric legal obligation to protect Tribal trea- that the people in my district are going project. This process is still not fin- ties, land, and resources under the Fed- to drink. No new water, no better qual- ished. This facility has been in oper- eral trust responsibility. ity—it is still going to see the same ation for over 60 years. I am especially disappointed that the conditions for our fish, the same condi- Since these are public agencies, these majority had the opportunity to fix tions for our streambeds. costs are passed on to the ratepayers in this issue, yet walked away from the After $50 million and over 8 years, all mostly small, rural communities that table. Even though I brought this up as we will have done is completed over 35 Congressman DENHAM and I represent. an issue to fix in committee, the ma- studies to continue to look, continue It raises their electric costs. It makes jority rushed this bill through com- to go through red tape, and the people no sense. mittee for a House vote without ade- in my district will still have a water This is about maintaining clean, re- quately addressing Tribal concerns. shortage. We can do things much bet- newable energy. This is about reducing ter. the regulatory burden and not passing b 1430 Close to me, we also have the Merced these costs on to the ratepayers. Given Furthermore, the majority refused to Irrigation District, as well. They have the experience that I have just given make in order my amendment, mean- been working over a decade in reli- you, my constituents believe that, ing they denied the fix to empower censing the Exchequer Hydroelectric frankly, this bill could go further in re- Tribes to set reasonable conditions on project. Over $20 million has been moving inefficiencies in the relicensing

VerDate Sep 11 2014 03:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.044 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8621 process, but it is a good first step. It is censing and enhance consultation be- Also under the longstanding language of a work in progress. It is certainly not tween Federal, State, local agencies, Section 4(e) of the FPA, Cabinet Secretaries perfect. and our Indian Tribes. It will also help with authority over ‘‘federal reservations’’ I support the legislation, and I urge provide certainty for new projects. are directed to ensure that a proposed hydro project doesn’t negatively affect a reserva- my colleagues to do the same. I know, in my home State, there are tion or interfere with its congressionally Mr. RUSH. Mr. Chair, may I inquire proposals to electrify existing flood designated use. These include all lands and as to how much time is remaining on control and irrigation dams, like the marine reserves in the Federal estate from both sides. Gibson Dam, that face ongoing licens- Indian reservations, to National Forests to The Acting CHAIR. The gentleman ing issues. I have introduced legisla- Wildlife Refuges. Section 18 of the FPA deals from Illinois has 5 minutes remaining. tion to address that particular one. with the establishment or modification of fishways to ensure fish can pass over these The gentleman from Michigan has 71⁄2 This bill is a step in the right direc- tion for hydropower nationwide, and I dams. The Secretaries of Commerce (for minutes remaining. NMFS) and Interior (for USFWS) deal with Mr. UPTON. Mr. Chairman, I yield 2 am happy to support it. Mr. RUSH. Mr. Chair, I yield myself fish passage and the Secretaries of Interior minutes to the gentleman from Cali- (for BIA, BLM, USFWS and NPS) and Agri- fornia (Mr. LAMALFA). such time as I may consume. culture (for USFS) deal with protecting fed- Mr. LAMALFA. Mr. Chairman, I Mr. Chair, I include in the RECORD eral reservations. They have the authority thank the gentleman for yielding. letters from Confederated Tribes and to propose mandatory conditions on hydro Mr. Chairman, I rise in support of Bands of the Yakama Nation, Puyallup dams to ensure their operation protects this commonsense hydropower stream- Tribe of Indians, Snoqualmie Tribe, these federal resources that belong to all Skokomish Indian Tribe, and a copy of Americans. lining process for modernizing the way The legislation weakens the conditioning we permit in order to bolster the proc- the resolution passed in October 2017 by The National Congress of American authority for protecting state water quality, ess for over 400 existing hydropower for fishways and for federal reservations by projects in the United States. It is very Indians opposing the proposed amend- transferring significant decision-making au- important in my area as well. ments to the Federal Power Act. thority to FERC. Under the bill, FERC and Hydropower delivers clean, reliable, CONFEDERATED TRIBES AND the license applicant can challenge the ne- and renewable power 24 hours a day, BANDS OF THE YAKAMA NATION, cessity of a condition and have that chal- lenge heard via a trial-type hearing only at unlike other renewable power sources Toppenish, WA, November 7, 2017. Re Hydro legislation still bad for Indian FERC before an Administrative Law Judge which fluctuate with time of day, Tribes, States and Users of Public Water- (ALJ) at that agency. Under present law, de- weather, sun or wind, or lack thereof. ways. cisions such as these are heard by ALJs in California has a long history of hy- Hon. PAUL RYAN, Speaker, the agency making the recommendation, where the expertise resides. This provision in dropower generation. In 2014, Cali- Hon. NANCY PELOSI, Minority Leader, fornia, alone, produced 14,000 Honorable Members of the House of Representa- the bill is legislating forum shopping and di- megawatts of electricity from hydro- tives, Washington, DC. recting that the decision be made before an entity whose expertise is in areas such as en- power facilities—again, clean, renew- DEAR SPEAKER RYAN, MINORITY LEADER PELOSI AND HONORABLE MEMBERS OF CON- ergy markets and safety at power plants. able, and reliable. You turn on the FERC and its ALJs have no expertise rel- switch, hydroelectric power. GRESS: Yesterday, when the Rules Com- mittee discussed HR 3043, the Hydropower ative to Indian treaty rights or the Federal My district in northern California is Policy Modernization Act of 2017, a number Land Policy and Management Act among home to two of the largest facilities in of members of the committee including many bedrock laws and FERC testified be- the country: Oroville Dam and Shasta Chairman Sessions, Congressman Cole, Con- fore the Committee that they do not want to Dam. Each of these facilities delivers gressman Newhouse, Congressman McGov- be given this newfound authority. While hav- cost-efficient power, provides flood ern, Congresswoman Cheney as well as the ing trial-type hearings at FERC and author- Chairman Walden and Ranking Sub- izing FERC to set all manner of schedules in control, and generates significant local the permitting process will certainly create economic activity for the community committee Member Rush (who were testi- fying), all stressed the importance of ensur- countless billable hours for attorneys rep- via stored water and recreation. ing that Indian tribes have their treaty resenting license applicants, it will do noth- With local input, which is very im- rights and natural resources protected by ing to protect the interest of Indian tribes or portant, we need to address the stream- any actions of the Congress relative to hy- the public at large, and as stated above, is lining of this process and expanding re- dropower reform. We greatly appreciate the directly contrary to state authority under newable hydropower production in this concerns of these members and the amount the Clean Water Act and Secretarial author- country to pave the way for new jobs of time they spent discussing tribes and dam ity now found in the Federal Power Act. relicensing. I think many of them were Yesterday we heard that this process will and affordable power to consumers ev- expedite licensing but if that is the goal then erywhere. aware of the degree to which the placement of dams has negatively affected a number of wouldn’t it make sense to determine when Relicensing permits ought not be a reservations, flooding some and damaging an application for a license is complete? wish list for every special interest, but, salmon runs at others. While there was uni- Tribes repeatedly asked the hydropower in- indeed, on measures of the power that versal agreement that the rights of tribes dustry to clarify that matter in the bill but can be generated. and states must be protected, there was not they refused. Why? Existing hydropower dam Mr. Chairman, I appreciate the time, agreement on whether HR 3043 accomplishes licenses were issued decades ago before any and I wholeheartedly support and urge that laudable intent. I must tell you that the environmental statutes were on the books and many of those dams are fish killers. this House to support H.R. 3043. bill does not do so. First understand what the Federal Power Under the present law, when a license ex- Mr. RUSH. Mr. Chairman, I reserve Act (FPA) now says. pires the operator can automatically get an- the balance of my time. Under provisions that have been in effect nual extensions allowing it to operate under Mr. UPTON. Mr. Chairman, I yield 2 for decades, state governments, pursuant to 30–50 year old standards. These extensions minutes to the gentleman from Mon- the Clean Water Act, are able to set water can go on for year after year with the oper- tana (Mr. GIANFORTE). quality standards at hydro dams. Such con- ator not having to spend any money to miti- Mr. GIANFORTE. Mr. Chair, I rise to ditions are mandatory. Allowing states to es- gate the damage to fish or other resources. join my colleagues in supporting the tablish water quality standards, a key aspect This is more than ironic considering that the of Federalism that many in Congress have hydropower industry is telling Congress that Hydropower Policy Modernization Act. always fought for, was a lynchpin of the they need the legislation to ensure certainty Nearly one-third of the electricity grand bargain reached when the Clean Water and time frames in the relicensing process. generated in Montana comes from hy- Act became law. While Federalism has not Additionally, the bill is drafted in such a dropower. The Libby, Hungry Horse, really benefitted Indian tribes, we are sur- fashion that FERC can set schedules that are and Noxon Rapids projects each have prised that the Congress would weaken the so abbreviated that Tribes, Cabinet Secre- the generating capacity of more than ability of states to protect the public in this taries or States who wish to comment and 400 megawatts. There are dozens more fashion. We hope you will read what many perhaps undertake a fishery study when nec- smaller hydropower facilities in Mon- states have said in letters to the Committee, essary may not have the time to properly tana, from Thompson Falls to those i.e., HR 3043 weakens their ability to ensure prepare suggested or mandatory operating their standards are met during the licensing conditions. It is noteworthy that FERC told around Great Falls, to Tiber and Fort process. Letters of this nature have come the Committee that they don’t see the legis- Peck and Yellowtail. from entities as varied as the Western Gov- lation actually streamlining the application This legislation will ensure that ex- ernors Association and the Southern States process. Also, we checked today and could isting projects will have timely reli- Energy Board. find no tribes in support of this bill.

VerDate Sep 11 2014 03:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.047 H08NOPT1 H8622 CONGRESSIONAL RECORD — HOUSE November 8, 2017 We believe the Amendment in the Nature pate in the process by which these conditions pacts to Indian lands, Tribal sacred sites, of a Substitute (AINS) incorporates much of are deliberated and set. And while these con- and natural resources. Historically, Amer- what the majority proposed in HR 3043 while ditions are not subject to modification by ican Indian tribes have experienced dis- incorporating many changes that are reflec- FERC, they are subject to judicial review, proportionate negative effects when dams, tive of the input that the Committee re- and FERC is free to express its disagreement including hydroelectric projects, were ap- ceived from states and tribes who took the with the conditions, so that FERC’s views proved without adequate tribal consultation time to relay views and concerns to the Com- can also be considered by the courts. or consideration of the effects on sur- mittee. A key part is the requirement for a Finally, the bill requires the Agency im- rounding natural resources. For example, in negotiated rule-making to improve and expe- posing these conditions to prepare a written the past, hydropower dams have flooded In- dite the hydro licensing process by bringing statement that the Agency gave equal con- dian reservations resulting in the permanent in states, local governments, stakeholders sideration to power generating interests in loss or damage to Tribal lands and sacred and tribes to FERC to develop a process that issuing its 4(e) conditions. Currently, if a hy- sites. will enable FERC to make decisions on li- droelectric project is located on federal Given the Snoqualmie Tribe is a signatory cense applications within a maximum of lands, including Indian Reservations, the to the Treaty of Point Elliot of 1855, the fed- three years. We urge you to vote for the only consideration the Secretary has is to eral government has an enforceable fiduciary AINS. Without such changes it is highly un- impose conditions that protect those res- obligation to act as trustee on the Tribe’s likely that the bill will make it through the ervations. There is no consideration of other behalf. Of critical significance to our people Senate. Thank you for considering our views. interests. This has been the law for almost is Snoqualmie Falls, a 268-foot waterfall that Sincerely, ninety years. is the place of our creation history and our We urge you to continue to work with JODE L. GOUDY, most sacred site. The Falls are an essential Tribal Council Chairman. Tribes and other stakeholders to improve the part of our cultural and religious practices hydropower licensing process for all inter- where we pray, conduct sacred ceremonies, ests and not simply for the industry. PUYALLUP TRIBE OF INDIANS, and traditionally buried our dead. Our Tribe Tacoma, WA, August 9, 2017. Sincerely, is all too familiar with the negative impacts ILL STERUD, Re Hydropower Policy Modernization Act, B of inadequately planned hydroelectric dams H.R. 3043. Chairman, on our culture, lands, and very way of life. Puyallup Tribal Council. Hon. GREG WALDEN, For more than 100 years, Snoqualmie Falls has been hampered by the diversion of its Chairman, Energy and Commerce Committee, SNOQUALMIE TRIBE, Washington, DC. water for a hydroelectric dam that signifi- June 21, 2017. cantly reduces the strong flow of water and Hon. FRANK PALLONE, Hon. GREG WALDEN, the mists coming from the Falls. Without Ranking Member, Energy and Commerce Com- Chairman, Committee on Energy and Commerce, mittee, Washington, DC. these, our religious practices are severely Washington, DC. limited and we cannot fully engage in our DEAR CHAIRMAN WALDEN AND RANKING Hon. FRANK PALLONE, Jr., cultural heritage. MEMBER PALLONE: I write to express the Ranking Member, Committee on Energy and Puyallup Tribe’s strong objections to the The current draft hydropower reform legis- Commerce, Washington, DC. lation does not appropriately balance var- amendments to the Federal Power Act that DEAR CHAIRMAN WALDEN AND RANKING ious stakeholders’ interests and, instead, are now being considered as part of the Hy- MEMBER PALLONE: On behalf of the prioritizes private industry interests above dropower Policy Modernization Act, H.R. Snoqualmie Indian Tribe, we write to express the federal governments’ responsibility as 3043. our continued concerns regarding proposed trustee to Tribes. Accordingly, we urge the First, the bill would give FERC, an agency changes to the federal hydropower licensing Committee to ensure that legislation passed with no relevant experience or capacity, the approval process. The proposed changes out of the Committee strengthens Tribes’ responsibility for determining the scope of would abrogate the federal government’s ability to give input on hydropower deci- environmental review that Interior, Com- overarching trust responsibility to Indian sions. merce, States and even Tribes should under- tribes and its ability to uphold tribal treaty Thank you for your consideration on this take. rights. Our Tribe is particularly concerned very important religious and cultural issue Second, H.R. 3043 would upset the careful that current legislative reform efforts to to our Tribe. We look forward to working balance that now exists under federal law consolidate hydropower approval authority with the Committee to ensure any hydro- and let FERC set the timeline on case-by- within the Federal Energy Regulatory Com- power reform efforts are suitably tailored to case basis for agencies to impose mandatory mission (FERC) unduly favor the interests of uphold the federal government’s trust re- 4(e) conditions and other requirements, in- private industry at the expense of tribes, sponsibility to Indian peoples and protect cluding Section 18 (fishways) and Clean local and state governments, natural re- tribal treaty rights. Water Act permits. The consideration of hy- sources, and local citizens. As our trustee, Sincerely, dropower licenses is a complicated process we urge you to ensure that any hydropower SNOQUALMIE TRIBAL COUNCIL. that must consider the impact of a project legislation passed out of the Committee will on watersheds and numerous species of fish only strengthen Tribes’ ability to give input SKOKOMISH INDIAN TRIBE, and wildlife before giving operators 50-year on hydropower licensing decisions at hydro- Skokomish Nation, WA, June 21, 2017. licenses to take power from these eco- power facilities. systems. It takes time to do the necessary The Snoqualmie Tribe is adamantly op- Re Proposed Amendments to the Federal studies to determine what types of condi- posed to legislative reforms efforts that seek Power Act. tions can best protect these watersheds, in- to undermine current mechanisms that en- Hon. FRED UPTON, cluding sensitive fisheries habitat, and the sure adequate consideration of the effects of Chairman, Committee on Energy and Commerce, resources not only for Treaty-reserved In- a proposed hydropower project on affected House of Representatives, Washington, DC. dian Reservations and resources, but also for Indian lands and natural resources. In par- Hon. FRANK PALLONE, Jr., the multiple users of these watersheds, in- ticular, the proposed changes to §§ 4(e) and 18 Ranking Member, Committee on Energy and cluding recreation, commercial fishing, and of the Federal Power Act and § 401 of the Commerce, House of Representatives, Wash- agriculture. If FERC’s past actions are any Clean Water Act would enable FERC to dis- ington, DC. guidance, FERC will impose unrealistic regard mandatory conditions imposed by fed- DEAR CHAIRMAN UPTON AND RANKING MEM- deadlines that the agencies will not meet. eral and state land management agencies. BER PALLONE: I write to again express the This bill will return the Nation back to a Disregarding the established expertise and Skokomish Tribe’s strong objections to the time when hydropower projects flooded In- mission of such agencies to evaluate and amendments to the Federal Power Act that dian lands, extirpated entire species of salm- mitigate impacts to Indian lands and natural are now being considered by the House En- on, and destroyed critical cultural resources. resources directly undermines the federal ergy and Commerce Committee. Third, this bill would allow FERC for the government’s ability to fulfill its trust and If this bill is enacted as approved by the first time to make a determination that a treaty obligations to Indian tribes. For ex- Committee, it would represent one of the mandatory condition is inconsistent with ample, §§ 34 and 37 of the draft legislation most significant roll backs of the federal the Federal Power Act. This would under- would allow FERC to effectively waive con- trust responsibility since termination. For mine the Supreme Court’s decision in Escon- ditions necessary to implement the North- more than ninety years the Federal Power dido Mut. Water Co. v. La Jolla Band of Mis- west Power Act, Endangered Species Act, or Act directed Interior and other land manage- sion Indians, 466 U.S. 765 (1984), which held the Clean Water Act if a state, tribe, or fed- ment agencies to impose conditions on hy- that the FPA provides no authority to FERC eral agency cannot meet a FERC deadline. droelectric projects to protect federal lands to impose restrictions on the 4(e) conditions Additionally, the proposed schedule of 120 including federal Indian Reservations and submitted by the Secretary of Interior. The days to complete all ‘‘federal authoriza- Treaty protected resources. However, in the current process affords the hydropower in- tions’’ is unworkable in practice and will in- first forty years, the federal land manage- dustry ample opportunity to consider and re- evitably lead to such waivers. ment agencies largely ignored this responsi- spond to potential Sections 4(e), 18, and It is imperative that any legislative re- bility. As a consequence of this abdication to Clean Water Act conditions. Hydropower li- forms to the hydropower permitting process the Skokomish Tribe, our Reservation and censees can (and in fact do) actively partici- adequately consider and mitigate the im- our resources paid a very high price.

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.018 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8623 Our story is but one of many across Indian address measures to ensure the proper pro- Whereas, the conservation and preserva- country. In the 1920s Tacoma City and Light tection of that reservation. Other sections of tion of tribal land and resources is a priority received a license for the Cushman Dam on the Act likewise establish appropriate for all tribes and a critical component of the the North Fork of the Skokomish River. The checks and balances by recognizing and giv- federal trust responsibility; and entire flow of the North Fork of the ing effect to the responsibilities and exper- Whereas, fish are a sacred resource for Skokomish River was diverted from its chan- tise that such other agencies have on natural many tribes; and nel and sent to a power house on Hood Canal resource management—such as that provided Whereas, the production of electricity (a bay of the Puget Sound). The dewatering by Interior’s Fish & Wildlife Service and the through hydropower dams includes impacts of the North Fork completely destroyed a Department of Commerce on fisheries and to water quality, waterways, wildlife, recre- premier salmon run, with grievous economic fish passage facilities as well as the vital and ation, livelihoods, customary and traditional and cultural consequences for the Tribe. See longstanding authority exercised by States activities, and treaty resources within and generally, City of Tacoma v. FERC, 460 F.3d and Tribes in setting water quality stand- outside Indian and Alaska Native lands; and 53, 62 (D.C. Cir. 2006); Skokomish Indian ards under the Clean Water Act. While hy- Whereas, the impacts of hydropower Tribe v. United States, 410 F.3d 506, 509–510 dropower is clean energy, it is clean only be- projects located on federal lands often ex- (9th Cir. 2005) (en banc revised). In terms of cause of the important role that these other tend far beyond the confines of the specific direct impact on the Skokomish Reservation agencies, with the necessary expertise, have lands on which the projects are sited; and itself, the dewatering of the North Fork re- in addressing terms and conditions for hy- Whereas, some members of Congress and sulted in an approximately 40% reduction in dropower licenses. FERC does not have the representatives from the hydropower indus- the flow of the Skokomish River mainstem. technical capacity to make these decisions. try have proposed amendments to the Fed- This change in the hydrology of the The current process affords the hydro- eral Power Act that would (a) weaken the Skokomish River caused one-third of the power industry ample opportunity to con- current protections Indian tribes have Reservation to be flooded. Skokomish v. sider and respond to potential Section 4(e), through the Mandatory Conditions require- United States, 410 F.3d at 509–510, see also id. 18 and Clean Water Act conditions. Hydro- ments under Section 4(e) and Section 18 of at 521 (dissenting opinion of Judge Graber). power licenses can (and in fact do) actively that Act, (b) roll back efforts to restore fish In short, this project almost completely de- participate in the process by which these populations through the requirement of stroyed the Reservation and the fishery for conditions are deliberated and set. And while fishways, and (c) unnecessarily limit the which the Reservation was established. these conditions are not subject to modifica- available time and scientific information The original Cushman Dam license expired tion by FERC, they are subject to judicial available to federal agencies in deciding in 1974 and the Skokomish Tribe spent sig- review, and FERC is free to express its dis- what Mandatory Conditions should be in- nificant time, energy and resources to ensure agreement with the conditions, so that cluded with a license; and that the United States would not once again FERC’s views can also be considered by the Whereas, these proposed amendments to abdicate its responsibility to the Tribe and courts. the Federal Power Act would not improve sought conditions on the new license that Finally, while the current process may the federal hydropower licensing process, would protect the Skokomish Reservation. take time to complete necessary studies and which is an important source of protections At every turn Tacoma and the hydropower vetting of potential conditions, any delay in for tribal lands and resources, but rather industry fought the Tribe. However, in 2006, renewing licenses does not harm the hydro- weaken these critical protections. Now the Skokomish Tribe won the right for the power licensees. As a general matter, until therefore be it Department of the Interior to exercise its the license renewal process is completed, hy- Resolved, that the National Congress of Federal Power Act 4(e) conditioning author- dropower licenses are able to operate under American Indians (NCAI), its leadership, and ity to protect the Reservation and the Tribe. their existing licenses which, in our experi- its executive staff shall call on the U.S. Con- City of Tacoma, Washington v. F.E.R.C., 460 ence, typically do not have many of the con- gress and the Administration to oppose all F.3d 53, 59 (D.C. Cir. 2006) (‘‘Cushman’’) ditions needed to protect Indian reservations proposed amendments to the hydropower As a result of this decision, the Cushman or natural resources. provisions in the Federal Power Act that project is now being operated in a manner We urge you to oppose amendments to the would remove or lessen the protections cur- meant to reverse the more than 80 years of Federal Power Act that would undermine the rently afforded tribal governments, tribal damage to the Skokomish Reservation. federal trust responsibility to protect Indian lands, inherent reserved rights, treaty rights These changes are slow but, over time, there Reservations or that would alter the Interior and other tribal resources under the Federal will be improvements to the flow of the Secretary’s authority under section 4(e), the Power Act; and be it further mainstem and flooding will lessen. Reserva- provisions of section 18, or the Clean Water Resolved, that this resolution shall be the tion lands that are waterlogged and useless Act. policy of NCAI until it is withdrawn or modi- will be restored and productive for the Tribe Sincerely, fied by subsequent resolution. and our members again. CHARLES ‘‘GUY’’ MILLER. CERTIFICATION The bill now before the Committee would The foregoing resolution was adopted by essentially reverse the decision that my NATIONAL CONGRESS OF AMERICAN INDIANS the General Assembly at the 2017 Annual Tribe fought so hard for, and will let FERC THE NATIONAL CONGRESS OF AMERICAN Session of the National Congress of Amer- set the timeline for 4(e) mandatory condi- INDIANS RESOLUTION NO. MKE–17–005 ican Indians, held at the Wisconsin Center in tions and other conditions, including Section Milwaukee, WI, Oct 15, 2017–Oct 20, 2017, with TITLE: TO OPPOSE PROPOSED HYDROPOWER 18 (fishways) and Clean Water Act Permits. a quorum present. AMENDMENTS TO THE FEDERAL POWER ACT The bill goes on to require the agency to im- JEFFERSON KEEL, posing these conditions to give equal weight Whereas, we, the members of the National President. to power generating interests. Again, this Congress of American Indians of the United Attest: Juana Majel Dixon, Recording Sec- would significantly undermine the federal States, invoking the divine blessing of the retary. Creator upon our efforts and purposes, in trust responsibility to my tribe and others. Mr. RUSH. Mr. Chair, the substitute If a hydroelectric project is located on Tribal order to preserve for ourselves and our de- lands, then the only consideration the Sec- scendants the inherent sovereign rights of amendment that we will consider retary has is to impose conditions that pro- our Indian nations, rights secured under In- shortly provides Indian Tribes with au- tect that Reservation. There is no balance of dian treaties and agreements with the thority to speak for themselves with other interests. This has been the law for al- United States, and all other rights and bene- respect to the hydropower licensing most ninety years. The Tribe is at a loss for fits to which we are entitled under the laws process. why Congress would want to change this and Constitution of the United States and Currently, Mr. Chair, the agencies of now. the United Nations Declaration on the the Departments of the Interior and Furthermore, the bill before the Com- Rights of Indigenous Peoples, to enlighten mittee seeks to have FERC, an agency with the public toward a better understanding of Commerce proposed conditions to pro- no experience or capacity, the responsibility the Indian people, to preserve Indian cul- tect Tribal reservations. If the sub- for determining the scope of environmental tural values, and otherwise promote the stitute is enacted, Tribes that have suf- review that Interior, Commerce, States and health, safety and welfare of the Indian peo- ficient capacity can assume responsi- even Tribes should take. ple, do hereby establish and submit the fol- bility for protecting their own reserva- A change to the Federal Power Act is not lowing resolution; and tions. needed. First, sections 4(e), 18 and the other Whereas, the National Congress of Amer- related provisions of the Federal Power Act, ican Indians (NCAI) was established in 1944 b 1445 establish proper checks and balances in the and is the oldest and largest national organi- The Tribal authority provision is ab- licensing process. While FERC is examining zation of American Indian and Alaska Native solutely very important and long over- a broad range of issues in connection with tribal governments; and due. As sovereign entities, Tribes have the license application or renewal, the Inte- Whereas, Indian Tribes are sovereigns that rior Secretary can bring to bear Interior’s pre-date the United States, with prior and a status different from that of States knowledge and expertise regarding the needs treaty protected rights to self-government and Federal agencies. They should be of Indian country, the potential impact of and to our Indian and Alaska Native lands; negotiating on their own behalf to pro- the project on the Indian reservation, and and tect their own interests.

VerDate Sep 11 2014 03:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.021 H08NOPT1 H8624 CONGRESSIONAL RECORD — HOUSE November 8, 2017 Mr. Chair, hydropower projects, a The biggest change, frankly, that we Department did not meet FERC’s schedule. number of which were designed and made was taking the hammer away H.R. 3043, would overturn this decision by al- built over the objections of Tribes, re- from FERC to compel agencies to stick lowing FERC to put a clock on other Federal sulted in devastating losses of Tribal to a deadline. Consequently, no permits agencies and force them to accommodate lands and fisheries. are going to be granted by default be- their schedule. For example, if the Interior De- We can and must do better. Hydro- cause of a missed deadline. But we also partment misses the deadline then Tribal inter- power projects can be designed, up- inserted new State and Tribal con- ests cannot be considered again until the next graded, and operated in ways that sultation requirements with a very re-licensing opportunity at least 40 years later. lower the environmental costs and pre- strong savings clause that clarifies H.R. 3043 does nothing to strengthen the serve other important uses of the river. that nothing shall affect the Clean tribal voice in the process and truncates our Current law and current regulations Water Act and other environmental trustee agencies’ responsibility. This bill would already provide for consultation with laws. That wasn’t in the bill last year. allow FERC to make the determination as to Tribes. In fact, under the integrated li- That is new this year. the scope of environmental review for 4(e) cense process, applicants are required So I think that we have accommo- conditions, which the Interior Department is al- to consult with Tribes 5 years before dated the concerns, particularly when ready required to give deference to. Hydro- the current license expires if they plan many of the Members that are here in power projects affect entire watersheds, which to seek a renewed license. this Congress that were there last Con- in turn impact Indian reservations in ways that The integrated license process was gress actually voted for the provisions FERC and the hydropower industry have designed specifically for the more com- we had, certainly in committee as well fought to deny. However, in Tacoma v. FERC, plex, controversial hydropower as on the Senate floor. the Court was again clear that if a project is projects, either new projects or reli- Again, I just want to read into the on Indian lands, Interior alone gets to deter- censing of existing projects. RECORD page 17, line 23: ‘‘No Effect on mine what conditions, and by necessity the Mr. Chair, many applicants, however, Other Laws. Nothing in this section environmental review, that are necessary to request and are allowed to pursue their shall be construed to affect any re- protect the Indian Reservation. license under the traditional license quirement of the Federal Water Pollu- H.R. 3043 would require Interior to balance process that includes less opportunity tion Control Act, the Fish and Wildlife energy generating interests against the Agen- for consultation. FERC should be deny- Coordination Act, the Endangered Spe- cy’s trust responsibility to protect Indian Res- ing some of these requests, but each cies Act of 1973, section 14 of the Act of ervations. Currently, under the Federal Power and every one of them are granted by March 3, 1899 (commonly known as the Act, Interior’s only interest is developing condi- FERC. Rivers and Harbors Appropriations Act tions to protect federal Indian Reservations, When this happens, controversial of 1899), and those provisions of sub- which, frankly, should only be their interests in projects run into predictable problems title III of title 54, United States Code, line with the Bureau of Indian Affairs, and not that bog down the license process. This commonly known as the National His- the Department of Energy. is an administrative change that FERC toric Preservation Act, with respect to Finally, H.R. 3043 would overturn the Su- could make that would require no new an application for a license under this preme Court’s decision in Escondido v. FERC, legislation and would improve the li- part.’’ 466 U.S. 765 (1984) and give FERC the au- cense process. This bill is stronger than the one thority to make a determination that a 4(e) Mr. Chair, this bill does nothing—ab- that most of us supported last year, condition and fishway condition is inconsistent solutely nothing—to speed up this particularly as it pertains to hydro- with the Federal Power Act. This is unprece- problem or fix the process that we have electric licensing by FERC. dented change in the Federal Power Act, been discussing. So I commend the action of Mrs. which will undermine the federal trustee agen- Mr. Chair, I yield back the balance of MCMORRIS RODGERS, who, again, car- cy’s ability to protect Indian lands and re- my time. ried the water on this in this Congress. sources. Mr. UPTON. Mr. Chair, I yield myself I would like to think that we will have There is nothing in the bill that improves the such time as I may consume. I don’t in- a positive vote with Republicans and FERC relicensing in regards to tribes and, tend to use all the time that is remain- Democrats supporting the bill. We are frankly, would severely undermine tribal gov- ing. I just want to make a couple of prepared to now discuss and debate the ernments and Interior Department’s ability to points to my colleagues as we close de- amendments. protect tribal and trust resources. bate on the general debate on this bill. Mr. Chair, I yield back the balance of Mr. RUSH. Mr. Chair, I include in the This isn’t a new bill. A lot of us in my time. RECORD letters from: Vermont Agency of Nat- this body on both sides support an all- Mr. COLE. Mr. Chair, I rise today in opposi- ural Resources, California State Water Re- of-the-above strategy. It includes safe tion to H.R. 3043, the Hydropower Policy Mod- sources Control Board, Western Governors’ nuclear. It includes clean coal. It sup- ernization Act of 2017. However, I would like Association, State of Washington Department ports energy efficiencies, renewables, to point out the positive outcomes this bill of Ecology, Environmental Council of the wind, solar, and hydro. would provide to the Hydropower industry. States, and Association of State Wetland Man- This bill, H.R. 3043, is not a new bill. This bill would improve the administrative effi- agers. In fact, the provisions, almost to a tee, ciency, accountability and transparency in the STATE OF VERMONT, in both the House and the Senate process of expanding hydropower generation. AGENCY OF NATURAL RESOURCES, version last year in a bill that ulti- It would bring certainty and timeliness to the li- Montpelier, VT, September 12, 2017. mately didn’t get conferenced to Presi- censing process, that right now takes decades Re Comments in Opposition to Hydropower dent Obama, we didn’t really have any to move through. This bill would require other Policy Modernization Act of 2017, H.R. disagreements on the hydro section. federal agencies to submit earlier any foresee- 3043. We came to an agreement and the able issues that would prolong the licensing Hon. PAUL RYAN, House passed the bill as it relates to process, instead of waiting until the last hour Speaker, House of Representatives, the hydro bill. And the Senate bill as they are able to today. Washington, DC. passed, as I recall it, 92–8, pretty over- With that said, H.R. 3043 falls short in its Hon. NANCY PELOSI, Minority Leader, House of Representatives, whelming, pretty bipartisan. In es- treatment of tribal communities. I believe the Washington, DC. sence, the same provisions that we proponents of this bill have worked in the best DEAR SPEAKER RYAN AND MINORITY LEADER have here. interest of Indian Country, but have unfortu- PELOSI: The Vermont Agency of Natural Re- I got to say that, throughout the nately fallen short. First, this bill would over- sources (VTANR) would like to express process, we listened to the concern turn the D.C. Circuit Court of Appeals decision strong concerns over the proposed Hydro- raised by some of the stakeholders, in- in Tacoma v. Federal Energy Regulatory Com- power Policy Modernization Act of 2017, H.R. cluding States and Tribes. We made a mission (FERC) that held that the Department 3043. While VTANR supports efforts to im- number of significant changes to the prove and streamline current hydroelectric of the Interior has the mandatory authority to licensing processes, the Agency strongly op- version of the bill as compared to the develop appropriate conditions to protect fed- poses legislative efforts to diminish States’ version again last year that added eral Indian reservations under the Federal ability to protect water quality. Several pro- more strength, more hurdles to go Power Act. Also, that FERC has no authority visions of H.R. 3043 would essential curtail through. to reject these conditions because the Interior the State authority under Section 401 of the

VerDate Sep 11 2014 03:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.050 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8625 federal Clean Water Act, effectively con- scheduled for relicensing will likely need sig- state and federal laws and may negatively straining State agencies’ ability to use their nificant changes in operations to meet mod- impact public and environmental health. independent authority to set license condi- ern water quality standards and to restore As noted in this letter, the State Water tions, making it more difficult to protect State water resources from impacts of Board is particularly concerned about provi- natural resources. project operations. As drafted, H.R. 3043 sions of the Hydropower Discussion Drafts VTANR strenuously opposes provisions of would reduce VTANR delegated authority that would undermine states’ authorities H.R. 3043 that eliminate or reduce States’ under Section 401 of the federal Clean Water under Section 401 of the Clean Water Act. As delegated authority under Section 401 of the Act, creating ways for project operators to former Chief Justice Rehnquist observed, federal Clean Water Act to develop manda- circumvent state regulations during the li- there has been a ‘‘consistent thread of pur- tory licensing conditions protective of nat- censing process to allow them to operate in poseful and continued deference to state ural resources. State agencies serve an es- a manner that would continue to degrade the water law by Congress.’’ (California v. U.S. sential role in the Federal Energy Regu- environment and resources of the State. (1978) 438 U.S. 645, 653.) This ‘‘cooperative latory Commission (FERC) licensing process VTANR recognizes the importance of hy- federalism’’ is epitomized by Section 401 of for hydroelectric facilities. H.R. 3043 would droelectric generation in meeting renewable the Clean Water Act, which authorizes states designate FERC as the lead agency over fed- energy goals. We urge you to consider how to set conditions to protect the waters of eral authorizations related to applications of the federal process can be improved without their states, and provides that review of con- hydroelectric projects for a license, license undermining the very checks and balances ditions of certification is in state court, not by federal agencies. In so doing, Section 401 amendment, or exemptions. As the lead that have helped hydroelectric generation be preserves both state authority and the integ- agency, FERC would establish and control viewed as a sustainable and renewable en- rity of state procedures and state institu- the timeline for licensing review and process ergy source. tions in overseeing how state agencies exer- for hydroelectric projects. H.R. 3043 appears We appreciate your consideration of these cise that authority. Consistent with Con- to give FERC the authority to create a comments on H.R. 3043 and look forward to gress’ usual respect for state rights in this schedule reducing the time a State would solutions that improve our energy security area, this structure must be preserved. The have to get necessary scientific studies com- and infrastructure while protecting the envi- pleted and reviewed to determine specific Hydropower Discussion Drafts inappropri- ronment. ately place limitations on state rights in conditions needed to protect water quality, Sincerely, as required under Section 401 of the federal this area by placing Section 401 of the Clean JULIA S. MOORE, P.E., Water Act in the definition of Federal Au- Clean Water Act. This would effectively per- Secretary. mit FERC to license a facility before a thor- thorization and under the Commission’s ju- ough review of the environmental impacts risdiction. CALIFORNIA STATE The State Water Board recognizes the im- could be completed. Vermont uses its Sec- WATER RESOURCES CONTROL BOARD, portance of hydropower as a clean energy tion 401 authority to issue water quality cer- Sacramento, CA, May 17, 2017. source that helps provide grid reliability and tifications with conditions to ensure projects Hon. GREG WALDEN, supports the goal of promoting efficiencies are built and operated in a manner con- Chairman, Committee on Energy and Commerce, in the Commission’s licensing of hydropower sistent with State environmental laws and House of Representatives, Washington, DC. projects. To promote such efficiencies, in protective of the environment and public Hon. FRANK PALLONE, 2013, the State Water Board entered into a health. Ranking Member, Committee on Energy and memorandum of understanding with the In addition, a provision of H.R. 3043 pro- Commerce, House of Representatives, Wash- Commission to coordinate pre-application vides applicants with an opportunity to a ington, DC. procedures and schedules between the two trial-type hearing before a FERC Adminis- DEAR CHAIRMAN WALDEN AND RANKING agencies. Since implementation, the memo- trative Law Judge whenever there is a dis- MEMBER PALLONE: randum of understanding has improved co- pute of material fact. Under the provisions of COMMENTS IN OPPOSITION TO PROVISIONS OF ordination between the State Water Board H.R. 3043, the decision of the FERC Adminis- and the Commission, and is beginning to trative Law Judge would be final and not HOUSE OF REPRESENTATIVES DISCUSSION DRAFTS: (1) HYDROPOWER POLICY MODERNIZA- streamline portions of the licensing process. subject to further administrative review. The State Water Board acknowledges that it Currently, conditions included in a Section TION ACT OF 2017; (2) PROMOTING CLOSED-LOOP PUMPED STORAGE HYDROPOWER ACT; AND (3) has a pending backlog of water quality cer- 401 water quality certification become man- tification applications, due in part to Cali- datory license conditions and cannot be al- PROMOTING HYDROPOWER DEVELOPMENT AT EXISTING NON-POWERED DAMS ACT fornia’s recent drought, and we are com- tered or modified by FERC. Further matters mitted to acting upon these applications as The California State Water Resources Con- of material facts related to Section 401 water expeditiously as possible. The State Water trol Board (State Water Board) would like to quality certifications for hydroelectric fa- Board opposes provisions of the Hydropower express its concerns with the following cilities are heard at the State level by courts Discussion Drafts because they may result in House of Representatives Legislative Discus- or boards that are familiar with a State’s harm to California’s water quality and asso- sion Drafts: (1) Hydropower Policy Mod- water quality standards and other environ- ciated beneficial uses, public lands, and fish ernization Act of 2017; (2) Promoting Closed- mental laws. The allowance for the trial- and wildlife by removing key state and fed- type hearing before FERC could undermine Loop Pumped Storage Hydropower Act; and eral authorities designed to protect the envi- the States’ authority granted under Section (3) Promoting Hydropower Development at ronment and the public enjoyment of the en- 401, making it more challenging to protect Existing Non-Powered Dams Act (collec- vironment. Specific comments and concerns water quality and natural resources. tively Hydropower Discussion Drafts). While are provided in Attachment A. Key provi- Through decades of decisions, federal the State Water Board supports the goals of sions of the Hydropower Discussion Drafts courts have affirmed the authority of States energy infrastructure modernization, it op- are provided in Attachment B for ease of ref- to impose conditions in federal licenses poses several provisions as drafted because erence in reviewing the State Water Board’s issued to hydroelectric projects under Sec- the Hydropower Discussion Drafts would re- comments. tion 401 of the Clean Water Act. These deci- duce or eliminate essential protections for I appreciate your consideration of these sions recognize that States have the primary California’s natural resources. comments and look forward to solutions that responsibility to ensure State water quality The Hydropower Discussion Drafts would improve our energy security and infrastruc- standards and other environmental laws are seriously impact the mandatory condi- ture while protecting the environment. met. H.R. 3043 would undermine this author- tioning authority of the State Water Board Sincerely, ity by including a provision that would allow under Section 401 of the Clean Water Act, as FELICIA MARCUS, FERC to seek resolution between it and well as similar authorities of federal agen- Chair. States at the federal level, elevating the dis- cies. State and federal agencies serve an es- pute to the secretary overseeing the federal sential role in the Federal Energy Regu- WESTERN GOVERNORS’ ASSOCIATION, statute. In the case of the federal Clean latory Commission’s (Commission) hydro- May 1, 2017. Water Act, H.R. 3043 appears to allow FERC power licensing process. The Hydropower Hon. GREG WALDEN, to negotiate with the Administrator of the Discussion Drafts designate the Commission Chairman, Committee on Energy and Commerce, Environmental Protection Agency or Sec- as the sole lead agency over federal author- House of Representatives, Washington, DC. retary of Army, who are responsible for izations related to an application for a li- Hon. FRANK J. PALLONE, Clean Water Act on the federal level, to set- cense, license amendment, or exemption for Ranking Member, Committee on Energy and tle a dispute with between it and a state, ef- a hydropower project. As the sole lead agen- Commerce, House of Representatives, Wash- fectively cutting States out of the process. cy, the Commission would establish and con- ington, DC. Vermont’s interest in protecting natural trol the timeline for the hydropower licens- DEAR CHAIRMAN WALDEN AND RANKING resources is as important and relevant today ing process for all aspects of federal author- MEMBER PALLONE: Western Governors recog- as ever, particularly because a large number ization, including Section 401 of the Clean nize the importance of renewable energy of hydroelectric facilities in Vermont are Water Act. As such, the Commission could sources, including hydropower, as critical slated to begin the federal relicensing proc- limit the State Water Board and federal components of an all-of-the-above national ess over the next five years. FERC issues li- agencies’ time to complete their respective energy portfolio. The West accounts for censes to hydroelectric projects for a term of actions which could adversely impact the nearly 70 percent of the nation’s hydro- 30 to 50 years. As such, many of the projects agencies’ ability to comply with necessary electric power generation, and the Pacific

VerDate Sep 11 2014 03:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.044 H08NOPT1 H8626 CONGRESSIONAL RECORD — HOUSE November 8, 2017 Northwest is the nation’s largest hydro- by Section 401 of the Clean Water Act (CWA tion for a hydropower license. H.R. 3043 SEC. power-producing region Western Governors § 401) to establish license conditions that pro- 34. HYDROPOWER LICENSING AND PROC- support improving the efficiency of existing tect water quality. ESS IMPROVEMENTS (d) also requires hydropower systems and increasing the Our residents and tribes harvest salmon states to adhere to deadlines established by amount of electricity generated from new, from the Puget Sound up through the Co- FERC, effectively reducing the amount of retrofitted, or relicensed hydroelectric facili- lumbia River, and our farmers grow hops in time a state would have to complete sci- ties. the Yakima River basin. They also depend on entific studies necessary to determine States are vested with primary authority water as a source of energy to power their whether water quality standards and re- to manage water within their borders, and homes and communities, and our industries quirements would be met in accordance with they have the authority to develop, use, con- rely on abundant and consistent energy to CWA § 401. This will likely create pressure on trol and distribute water resources within build aircraft in Everett, power data server states to utilize existing information (SEC 3 their boundaries. As expressed in section farms in Quincy, manufacture car bodies for (b)) rather than new studies to make these B(1)(a) of WGA Policy Resolution 2015–08, electric vehicles in Moses Lake, and process determinations. Water Resource Management in the West. apples along the Wenatchee River basin. Bal- In Washington State, work thus far to pro- ‘‘While the Western Governors acknowl- ancing the need for clean energy with the vide CWA § 401 certifications for licensing of edge the important role of federal laws such need for safe water supplies begins with the hydropower facilities have been timely, re- as the Clean Water Act, the Endangered Spe- proper management of water as a resource, sponsive, efficient, and protective of the cies Act and the Safe Drinking Water Act, and it is one of the major focal points of this state’s water quality. While additional work nothing in any act of Congress or Executive legislation. remains, durable partnerships and a strong Branch regulatory action should be con- Decades of federal court decisions inter- track record form a solid foundation to build strued as affecting or intending to affect preting CWA § 401 have established the upon. states’ primacy over the allocation and ad- states’ authority to require conditions in In summary, Ecology opposes this bill in ministration of their water resources.’’ FERC licenses that are necessary to protect its current form because: Western Governors are concerned about water quality. These decisions recognize and FERC will have undue influence on the provisions in Section 34, ‘‘Hydropower Li- affirm the basic principle of federalism em- ability of states and tribes to obtain environ- censing and Process Improvement’’ of the bodied in the CWA that states have a pri- mental data and information via studies that proposed Hydropower Policy Modernization mary role and responsibility to ensure state are necessary to write CWA § 401 certifi- Act of 2017. Portions of the language in- water quality standards are met. cations to protect waters in their jurisdic- cluded in the published discussion draft of Ecology implements the state’s Water Pol- tion. this proposal are identical to language of lution Control Act (RCW 90.48). As the state It would lock state and federal natural re- Subtitle B, ‘‘Hydropower Regulatory Mod- water pollution control agency, we are re- source agencies into a no-win situation. ernization’’ of the proposed North American sponsible for implementing federal water Agencies will be forced to make regulatory Energy Security and Infrastructure Act of pollution control laws and regulations, in- decisions based on incomplete applications 2015 (H.R. 8). cluding state water quality certifications re- that lack the necessary technical informa- On July 18, 2016, Governor Steve Bullock quired by CWA § 401 for any federal permit or tion, which would put agencies at risk of and Governor Dennis Daugaard provided cor- license that result in a discharge to state missing new FERC deadlines resulting in respondence (attached) to the Committee, waters. Ecology has developed durable part- litigation. expressing the Western Governors’ concerns nerships with the hydropower industry in We believe this bill provides enough ambi- over the language included in Subtitle B of Washington State—the largest of any state guity for individuals to attempt to preempt H.R. 8, which would have designated the Fed- in the nation—and has a successful record of state CWA § 401 authority. The bill as writ- eral Energy Regulatory Commission (FERC) accomplishment in expediting water quality ten could result in legal challenges and pro- as lead agency fol all hydropower authoriza- certifications that are incorporated as FERC tracted litigation on how the extension of tions, approvals, and requirements mandated license conditions. FERC’s authority conflicts with states’ by federal law, including hydropower facility In an effort to improve H.R. 3043, my team rights to protect water quality and quantity. licenses and amendments, as well as all per- worked for several weeks with two members Finally, Ecology views many elements of mits, special use authorizations, certifi- of the National Hydropower Association this modernization bill as unnecessary. In cations, and opinions. The Governors re- along with staff at the Chelan County Public July 2005, FERC restructured its process and quested that this language be removed or Utility District in Washington State. Our ob- implementing the Integrated Licensing amended so that existing state hydropower jective in these discussions was to maintain Process (ILP) that effectively streamlined licensing authorities are not replaced, or in the intent of this legislation while also pro- FERC’s licensing process. Over the course of any way impeded, by FERC jurisdiction. tecting states’ authority provided in the 12 years, Washington State has provided Western Governors request that the lan- CWA § 401. Although the group did not reach water quality certifications for 16 FERC guage in Section 34 of the proposed Hydro- full consensus, significant progress was made issued licenses as well as 10 license amend- power Policy Modernization Act of 2017 be to put forth alternative language that would ments. The ILP has proven to be a predict- removed or amended so that states’ existing remove ambiguity regarding FERC and state able, efficient, and timely licensing process hydropower licensing authorities are in no authority. My team identified a number of that continues to ensure adequate resource way usurped by FERC jurisdiction. Thank changes in language that are necessary to protections. This bill would eliminate the you for your attention to this important protect independent state authority to con- flexibility available in the current system matter. dition and certify FERC licenses. If provided and return to a traditional approach that is Sincerely, more time, and engagement directly with less responsive to environmental concerns JAMES D. OGSBURY, your committee, I am confident that all par- and more susceptible to litigation. Executive Director. ties can reach a mutually-satisfactory pol- We urge that the provisions of H.R. 3043 icy. that would have the effect of curtailing state STATE OF WASHINGTON, Ecology appreciates Congress’ effort to authority under CWA § 401 be significantly DEPARTMENT OF ECOLOGY, streamline the FERC licensing process, how- improved or stricken from the bill. Olympia, WA, November 3, 2017. ever, the addition of SEC. 34(b)(2) OTHER Sincerely, Re Hydropower Regulatory Modernization AGENCIES AND INDIAN TRIBES, would re- MAIA D. BELLON, Act of 2017. quire states’ water quality certification Director. Hon. FRANK PALLONE, Jr., process to follow a schedule under the re- Mr. WALDEN. Mr. Chair, I rise today in sup- House of Representatives, Washington, DC. quirements of the FERC, rather than the port of H.R. 3043, the Hydropower Policy Hon. GREG WALDEN, schedule in CWA § 401. The timelines and Modernization Act, sponsored by fellow En- House of Representatives, Washington, DC. independent state authorities granted by ergy and Commerce committee member and DEAR CHAIRMAN WALDEN AND RANKING CWA § 401 must remain intact, as both are es- our Conference Chair, CATHY MCMORRIS ROD- MEMBER PALLONE: I am writing to express sential for states to issue water quality cer- my concerns with the Hydropower Regu- tifications. States must also retain the abil- GERS. latory Modernization Act of 2017, H.R. 3043, ity to practice a ‘‘withdraw and reapply’’ Hydropower plays an integral role in gener- which would amend the Federal Power Act process that has proven necessary for some ating electricity across the nation, especially to modify certain requirements. The Wash- complex hydropower licenses. If FERC is pro- back in my home state of Oregon. Hydro- ington Department of Ecology (Ecology) sup- vided authority to oversee and set a timeline power generates nearly 43 percent of elec- ports the ostensible intent of this bill to gain different than that provided under CWA § 401, tricity in Oregon and this dependable baseload efficiency in the licensing of hydropower it undermines states’ ability to ensure effec- power has helped drive the development of projects. In addition, we support the goal of tiveness and certainty for protection of everything from value-added agriculture proc- improving the certainty and timeliness of water quality. the hydropower licensing process. However, Meanwhile, SEC. 34. HYDROPOWER LI- essing to data centers, creating jobs along the provisions in H.R. 3043 that modify the au- CENSING AND PROCESS IMPROVEMENTS Columbia River and throughout Oregon. thorities of the Federal Energy Regulatory (b) designates FERC as the lead agency for Nationally, hydropower is the largest source Commission (FERC) would impede or invali- federal authorizations related to a license of renewable electricity generation and a re- date states’ independent authority provided application, license amendment, or exemp- cent Department of Energy report found that

VerDate Sep 11 2014 03:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00028 Fmt 7634 Sfmt 9920 E:\CR\FM\A08NO7.046 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8627 U.S. hydropower could grow by almost 50 per- Brotherhood of Electrical Workers (IBEW); Native Fish Society; Natural Heritage Insti- cent by the year 2050. However, as my col- International Federation of Professional and tute; Natural Resources Defense Council; leagues from the Pacific Northwest and across Technical Engineers (IFPTE); Large Public Natural Resources Council of Maine; Power Council (LPPC); Laborers’ Inter- Naturaland Trust; Nature Abounds; the country know, we are not taking full ad- national Union of North America (LiUNA); Naugatuck River Revivial Group. vantage of this valuable resource. Unfortu- National Electrical Contractors Association New England FLOW; New Hampshire Riv- nately, the duration, complexity, and uncer- (NECA); National Hydropower Association ers Council; North Cascades Conservation tainty of the licensing process has raised sig- (NHA); National Rural Electric Cooperative Council; Northwest Environmental Advo- nificant challenges, preventing investments Association (NRECA); North America Build- cates; Northwest Guides and Anglers Asso- that would create jobs and benefit consumers. ing Trades Council (NABTU); United Broth- ciation; Northwest Resources Information Thankfully, my good friend from Washington erhood of Carpenters and Joiners of America Center; Olympic Forest Coalition; Oregon introduced this legislation to alleviate these (Carpenters). Kayak and Canoe Club; Outdoor Alliance; Mr. RUSH. Mr. Chair, I include in the Pacific Coast Federation of Fishermen’s As- problems and streamline the federal hydro- sociations; Pacific Rivers; Penobscot Paddle power licensing process. The bill before us RECORD letters in opposition to H.R. 3043 from environmental, recreation, fisheries, and and Chowder Society; Planning and Con- today didn’t just emerge from thin air. It is the servation League; Potomac Riverkeeper; culmination of five committee hearings and conservation groups from across the country Prairie Rivers Network; Prince William markups, along with several bipartisan staff along with the list of groups that have signed Soundkeeper; Quartz Creek Homeowners’ As- meetings with the hydropower industry and these letters. sociation; Religious Coalition for the Great tribes that have a stake in the licensing pro- ENVIRONMENTAL, FISHERIES, RECREATION, AND Lakes; River Alliance of Wisconsin; River ceedings. CONSERVATION ORGANIZATIONS IN OPPOSI- Guardian Foundation; River Network; TION TO H.R. 3043 Riverkeeper Network. We solicited feedback from all stakeholders Rogue Riverkeeper; San Juan Citizens Alli- Alabama Rivers Alliance; Alaska Survival; as we crafted this legislation and made a ance; Save Our Saluda; Save Our Wild Salm- All Outdoors; Alliance for the Great Lakes; on; Save the Colorado; Selkirk Conservation number of changes to address the concerns Alpine Lakes Protection Society; Altamaha Alliance; Smith River Alliance; Snake River raised. We added new provisions to ensure Riverkeeper; American Packrafting Associa- Waterkeeper; South Carolina Native Plant that states and tribes are consulted early in tion; American Rivers; American White- Society; Southern Environmental Law Cen- the licensing process to identify and resolve water; Anacostia Watershed Society; Anglers ter; South Yuba River Citizens League; issues of concern. We also made sure that of the Au Sable; Animal Welfare Institute; Spartanburg Area Conservancy; Spearfish Apalachicola Riverkeeper; Appalachian state and local governments could recoup the Canyon Society; Spokane Riverkeeper; St. Mountain Club; Association of Northwest costs of reviewing applications and conducting Mary’s River Watershed Association; Ten- Steelheaders; Atlantic Salmon Federation; studies. We even added a strong savings nessee Clean Water Network; The Lands Black Warrior Riverkeeper; California Hy- Council; The Mountaineers. clause that clarifies our intent that nothing in dropower Reform Coalition; California Out- The Roanoke River Basin Association; The this bill shall be construed to affect any re- doors; California River Watch; California Sierra Club; Tributary Whitewater Tours, quirement of the Clean Water Act, Endan- Sportfishing Protection Alliance; California LLC; Trout Unlimited; Tuolumne River gered Species Act, and other environmental Trout; Cascadia Wildlands; Catawba Trust; Upstate Forever; Washington Envi- Riverkeeper; Center for Biological Diversity. laws. ronmental Law Center (see Western Environ- Center for Environmental Law and Policy; In recognition of the regular order committee mental Law Center); Washington Wild; Central Sierra Environmental Resource Cen- process, H.R. 3043 sailed out of committee Waterkeeper Alliance; Waterkeepers Chesa- ter; Clean Water Action; Coastal Conserva- unanimously by voice vote. The supporters of peake; WaterWatch of Oregon; WESPAC tion League; Colorado River Water keeper Foundation; West Michigan Hacklers; West- this bill, especially labor and industry organiza- Network; Columbiana; Congaree ern Environmental Law Center; Wild Earth tions, recognize the vital role it will play in sup- Riverkeeper; Connecticut River Conser- Guardians; Wild Washington Rivers; Yadkin porting job growth, local economic develop- vancy; Conservation Law Foundation; Con- Riverkeeper; Zoar Valley Paddling Club. ment, and providing much-needed reforms to servation Northwest; Conservatives for Re- sponsible Stewardship; Coosa Riverkeeper; the licensing process. NOVEMBER 7, 2017. H.R. 3043 seeks to modernize the permit- Crab Apple Whitewater Defenders of Wildlife; DEAR REPRESENTATIVE: On behalf of our ting process by improving administrative effi- Deschutes River Alliance; Downeast Salmon millions of members and supporters nation- ciency, accountability, and transparency; re- Federation; Earth Design; Earthjustice; wide, we are writing to urge you to oppose Earthworks; Endangered Habitats League; quiring timely decision making; and by desig- H.R. 3043, the Hydropower Policy Moderniza- Endangered Species Coalition; Environ- tion Act. This bill is a devastating assault on nating Federal Energy Regulatory Commission mental Protection Information Center as the lead agency is approving permits. You our nation’s rivers and the people and wild- (EPIC); Foothill Conservancy; Foothills Pad- life that depend upon them. Its passage may be asking yourself, ‘why is this process in dling Club; Foothills Water Network; would end 95 years of balance in hydropower need of reform?’ The answer is simple. As my Friends of Butte Creek. licensing, tipping the scales against tax- colleague from Washington likes to point out, Friends of Cooper Landing; Friends of payers and in favor of huge utilities. it can take up to 10 years or longer to license Grays Harbor; Friends of Kenai National Hydropower licenses are issued for up to 50 a new hydropower project of relicense an ex- Wildlife Refuge; Friends of the Kinni; years. Many hydropower facilities that are Friends of Merrymeeting Bay; Friends of the coming up for relicensing now were first con- isting facility. Further underscoring the need Crooked River; Friends of the Eel River; for this legislation is the fact that by 2030, structed before virtually all modern environ- Friends of the River; Friends of the White mental laws were in place. It is during reli- over 400 existing projects with over 18,700 Salmon River; Golden West Women censing proceedings that the public gets the megawatts of capacity will begin the reli- Flyfishers; Grand Canyon Trust; Grand opportunity to ensure that dam owners censing process. Riverkeeper Labrador; Great Lakes Council make the necessary changes to comply with Mr. Chair, this emissions-free energy re- Fly Fishers; Green Latinos; Hells Canyon modern laws. The opportunity to mitigate source should not be bogged down in bureau- Preservation Council; High Country Con- for the damage to the environment, while cratic red tape any longer. It’s past time we servation Advocates; Holy Spirit Missionary still providing reliable electricity, only Sisters; Huron River Watershed Council; Hy- modernize this grossly outdated licensing arises once in a generation or two. dropower Reform Coalition; Idaho Rivers The balance the Federal Power Act cur- process, so we can get projects to market United; Illinois Council of Trout Unlimited; rently strikes between power and non-power faster and streamline those projects in need of Institute for Fisheries Resources; James values has existed for almost a century. Cur- relicensing. At the end of the day, this impor- River Association; Kalmiopsis Audubon So- rent law protects the public’s right to enjoy tant legislation promotes hydropower develop- ciety; Kenai River Watershed Foundation. its rivers, a right which can and should be ment, creates jobs, and provides consumers Klamath Forest Alliance; Klamath compatible with responsible electricity pro- across the country with continued access to Riverkeeper; Klamath-Siskiyou Wildlands duction. However, H.R. 3043 upends that bal- clean, affordable, and reliable baseload power Center; Kootenai Environmental Alliance; ance. Simply put, the bill is a massive give- League of Conservation Voters; Lower Co- generation. away to special interests at the expense of lumbia Canoe Club; Lower Susquehanna healthy rivers and the fish, wildlife, and peo- I include in the RECORD the Supporters of Riverkeeper Association; Maine Rivers; ple that depend upon them. If H.R. 3043 H.R. 3043: Michigan Environmental Council; Michigan passes, power company profits will go to the The American Council on Renewable En- Hydro Relicensing Coalition; Middle Susque- head of the line, ahead of every other user. ergy (ACORE); (American Public Power As- hanna Riverkeeper; Milwaukee Riverkeeper; We appreciate that the House Committee sociation (APPA); Business Council for Sus- Mono Lake Committee; Mousam and on Energy and Commerce heard testimony tainable Energy (BCSE); Edison Electric In- Kennebunk Rivers Alliance; National Herit- from recreational and conservation interests stitute (EEI), International Brotherhood of age Institute; National Park Conservation who raised serious concerns about its many Boilermakers (Boilermakers); International Association; National Wildlife Federation; provisions. Unfortunately, the Committee

VerDate Sep 11 2014 03:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.017 H08NOPT1 H8628 CONGRESSIONAL RECORD — HOUSE November 8, 2017 chose to make no changes to reflect the con- Michigan Hydro Relicensing Coalition; Among those voices left out were tribal lead- structive suggestions that the Hydropower Mono Lake Committee; Mousam and ers, states, and local officials who will be re- Reform Coalition put forward that would im- Kennebunk Rivers Alliance; National Herit- quired to abide by these new rules. Not only prove the licensing process while maintain- age Institute; National Park Conservation does this legislation limit input from those ing environmental protections. The Com- Association; National Wildlife Federation; near proposed hydroelectric projects, but it mittee also failed to solicit testimony from Native Fish Society; Natural Heritage Insti- also does so for those who live near existing states, tribes, and federal natural resource tute; Natural Resources Defense Council; dams seeking a permit renewal. This legisla- agencies whose authorities will be usurped Naturaland Trust; North Cascades Conserva- tion would constrict the review processes for by the Federal Energy Regulatory Commis- tion Council; Northwest Environmental Ad- dams approaching their 50–year review mark. sion (FERC) if H.R. 3043 is enacted. You are vocates; Northwest Resource Information It is important to make sure that these now being asked to vote on a bill that no Center; Oregon Kayak and Canoe Club; Or- projects, which were built before our current state, tribe, or conservation organization egon Natural Desert Association; Pacific rules were put in place, remain up to the publicly supports. The bill under consider- Coast Federation of Fishermen’s Associa- standards we set for human safety and mini- ation today will only benefit power compa- tions; Pacific Rivers; Penobscot Paddle and mal impact to the environment, economi- nies at the expense of every other user of a Chowder Society; Planning and Conservation cally important fisheries, and recreation waterway. League. sites. H.R. 3043 attempts to streamline the hy- Prarie Rivers Network; River Network; In short, while this bill and its proponents dropower licensing process by centralizing Riverkeeper Network; Rogue Riverkeeper; claim to help our nation move toward a more power and allowing FERC to set an aggres- Save Our Wild Salmon; Save the Colorado; sustainable and climate-friendly future, we sive licensing schedule that all federal and Selkirk Conservation Alliance; Southern En- need a system in place that can consider our state agencies must adhere to throughout vironmental Law Center; St. Mary’s River energy needs in addition to the economic, the licensing process. There are no require- Watershed Association; The Lands Council; environmental and cultural needs of our ments that FERC or the licensee provide the The Mountaineers; The Sierra Club; Tribu- communities. Since climate change is the agencies with the information they deem tary Whitewater Tours, LLC; Tuolumne most significant challenge of our time, we necessary to quickly and competently exer- River Trust; Upstate Forever; Washington urge the committee and supporters of this cise their Clean Water Act or Endangered Environmental Law Center (see Western En- legislation to have a transparent and robust Species Act authority. This creates a dy- vironmental Law Center); Washington Wild; discussion, not only of our energy needs but namic where, unless every step of the process WaterWatch of Oregon; Wild Earth Guard- also of potential impacts from hydropower proceeds seamlessly, agencies are faced with ians; Wild Earth Guardians; Wild Wash- such as wildlife and greenhouse gases. For the impossible decision to either exercise ington Rivers. all of these reasons, National Wildlife Fed- their authority without necessary informa- eration recommends you oppose H.R. 3043. NATIONAL WILDLIFE FEDERATION, tion (which exposes them to legal liability) Sincerely, or to fail to meet the schedule. This change NATIONAL ADVOCACY CENTER, JIM LYON, Washington, DC, November 7, 2017. will constrain federal, state, and tribal agen- Vice President for Conservation Policy, DEAR REPRESENTATIVE: The National Wild- cies use of their independent authorities and National Wildlife Federation. rush decision making, potentially making it life Federation, with over 6 million members more difficult to protect water quality, re- and supporters and its affiliate organizations OUTDOOR ALLIANCE, cover threatened and endangered species, from 51 states and territories across the November 6, 2017. and manage tribal-trust resources and public country, represents a broad diversity of po- Re H.R. 3043, Hydropower Policy Moderniza- lands. litical views, mirroring the nation. Regard- Other provisions of H.R. 3043, such as the less of party affiliation, these members want tion Act. changes to the Trial Type Hearing process their families to be safe, their water to be Hon. PAUL RYAN, for alternative conditions, the requirement clean, and ecosystems to be healthy in order Speaker, House of Representatives, that federal natural resource agencies con- to support our nation’s wildlife. It is impor- Washington, DC. duct costly, wasteful and time consuming re- tant, then, that any large-scale energy Hon. NANCY PELOSI, view of matters outside of their scope of ex- project, including hydroelectric, uphold Minority Leader, House of Representatives, pertise and jurisdiction, and the requirement those values as well. While NWF believes Washington, DC. that scientific decisions be made only by po- that the United States should pursue a re- DEAR SPEAKER RYAN AND MINORITY LEADER litical appointees in Washington, DC are all newable energy future, the country should PELOSI: We are writing to ask you to oppose examples of how H.R. 3043 tilts the balance do so while seeking to minimize harm to H.R. 3043, the Hydropower Policy Moderniza- toward the interests of power companies. local ecosystems and wildlife and gather tion Act. If enacted, this bill would have sig- In order to protect clean water, irrigation, input from those near hydroelectric facility nificant negative impacts on outdoor recre- meeting tribal treaty and trust obligations, sites. This is especially important as hydro- ation and its associated local economic bene- wildlife, recreational fishing, commercial power is not without environmental impacts, fits and would remove opportunities for fishing, whitewater boating, water quality, including greenhouse gases released from meaningful local public involvement in hy- municipal water supply, fire safety, flood reservoirs associated with dams. In order to dropower licensing. control, or any other purpose other than gen- weigh all impacts as well as the benefits, Outdoor Alliance is a coalition of nine erating power, we urge you to vote NO on proper review processes should be followed member-based organizations representing H.R. 3043. and corners cannot be cut. Because of these the human powered outdoor recreation com- Sincerely, long-held standards, NWF opposes H.R. 3043, munity. The coalition includes Access Fund, Alabama Rivers Alliance; American the Hydropower Policy Modernization Act of American Canoe Association, American Packrafting Association; American Rivers; 2017. Whitewater, International Mountain Bicy- American Whitewater; Apalachicola The National Wildlife Federation has long cling Association, Winter Wildlands Alli- Riverkeeper; Appalachian Mountain Club; supported robust environmental review proc- ance, The Mountaineers, the American Al- Atlantic Salmon Federation; California Out- esses. Federal and state governments should pine Club, the Mazamas, and Colorado Moun- doors; California Sportfishing Protection Al- approach projects with a genuine interest in tain Club and represents the interests of the liance; Cascadia Wildlands; Center for Bio- determining negative effects on the environ- millions of Americans who climb, paddle, logical Diversity; Center for Environmental ment, wildlife, and local communities. H.R. mountain bike, and backcountry ski and Law and Policy; Columbia Bioregional Edu- 3043 includes provisions that place arbitrary snowshoe on our nation’s public lands, cation Project; Connecticut River Conser- deadlines on project reviews, even when it is waters, and snowscapes. vancy; Conservatives for Responsible Stew- clear that a proper study will take longer. Our members directly participate in licens- ardship; Defenders of Wildlife; Deschutes Unfortunately, this bill would remove our ing processes for hydropower projects in River Alliance; Downeast Salmon Federa- experts in natural resources from the review partnership with state and federal resource tion; Earthjustice. process and usurp states’ rights to enforce agencies. The authorities granted to federal Earthworks; Endangered Habitats League; their own standards for hydropower projects. agencies under the Federal Power Act, Clean Endangered Species Coalition; Environ- Additionally, considerations of energy sup- Water Act, and Endangered Species Act have mental Protection Information Center ply would be required alongside protections helped ensure that hydropower operations (EPIC); Foothill Conservancy; Friends of for endangered species, fisheries, and cul- balance our society’s need for power with the Butte Creek; Friends of the Kinni; Friends of tural sites, contradicting existing laws. If benefits of flowing rivers. These benefits in- the River; Golden West Women Flyfishers; passed into law, H.R. 3043 would likely create clude important economic contributions gen- Grand Riverkeeper Labrador; Green Latinos; confusion and litigation. We have seen in the erated through the outdoor recreation econ- High Country Conservation Advocates; Idaho past how large-scale hydroelectric projects omy, and outdoor recreation may be one ben- Rivers United; Illinois Council of Trout Un- have not always considered potential nega- efit of hydropower under certain cir- limited; Klamath Forest Alliance; Kootenai tive effects. We should learn from our past cumstances. Environmental Alliance; League of Con- mistakes, not repeat them. Outdoor recreation powers a vast economic servation Voters; Lower Columbia Canoe While there was a hearing on this bill, only engine valued at $887 billion annually with Club; Maine Rivers; Michigan Environmental the Federal Energy Regulatory Commission much of this activity focused around water- Council. testified, leaving out important voices. based recreation, including rivers affected by

VerDate Sep 11 2014 05:35 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.027 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8629 hydropower operations. The National Hydro- cies, not penalize or further constrain their life that depend upon them. Its passage power Association’s own website, which pro- participation. H.R. 3043 instead would ham- would end 95 years of balance in hydropower motes the benefits of hydropower, states string tribes, states, and federal resource licensing, tipping the scales against tax- that ‘‘Swimming, boating, fishing, camping, agencies from review and conditioning of payers and in favor of huge utilities. skiing and hiking are just some of the rec- FERC licensed hydropower projects by im- Hydropower licenses are issued for up to 50 reational activities that take place year- posing overly restrictive timelines, adding years. Many hydropower facilities that are round and across the country at sites devel- new process hurdles for debating agency re- coming up for relicensing now were first con- oped and supported by the hydropower indus- quirements on applicants, and greatly re- structed before virtually all modern environ- try.’’ stricting the scope and basis on which re- mental laws were in place. It is during reli- We are concerned that H.R. 3043 will se- source agencies can require conditions or in- censing proceedings that the public gets the verely limit the ability of local communities vestments to protect non-power resources opportunity to ensure that dam owners to advocate for recreational benefits in hy- impacted by the project. make the necessary changes to comply with dropower licensing. If passed, H.R. 3043 will The harmful bill could not come at a worse modern laws. The opportunity to mitigate shift responsibilities away from states, fed- time. Dozens of projects coming up for reli- for the damage to the environment, while eral land managers with locally-based recre- censing soon. Many of them haven’t been re- still providing reliable electricity, only ation staff, and affected communities, and viewed since being originally licensed 30–50 arises once in a generation or two. instead place exclusive authority within the years ago. It is more imperative now than The balance the Federal Power Act cur- hands of the Federal Energy Regulatory ever to ensure strong review of these rently strikes between power and non-power Commission (FERC). FERC is a regulatory projects. values has existed for almost a century. Cur- agency with no local field staff, frequently Instead of H.R. 3043 Congress should sup- rent law protects the public’s right to enjoy with only the ability to participate in one or port smart process improvements that will its rivers, a right which can and should be two site visits in all. As a result, FERC staff benefit applicants and operators while sup- compatible with responsible electricity pro- are unlikely to have experience and famili- porting strong protections to balance duction. However, H.R. 3043 upends that bal- arity with local resources and values. The nonpower values. Smart improvements ance. Simply put, the bill is a massive give- end result of H.R. 3043 would be outcomes would include support for incremental up- away to special interests at the expense of that are detrimental to outdoor recreation grades, promote ongoing investment and on- healthy rivers and the fish, wildlife, and peo- and local communities. going study during the life of licenses so that ple that depend upon them. If H.R. 3043 While hydropower provides certain bene- we aren’t starting from scratch every 30 to 50 passes, power company profits will go to the fits, it also always comes with significant years. A smart approach would ensure that head of the line, ahead of every other user. impacts. This legislation would upset an im- the regulatory requirements for states, We appreciate that the House Committee portant balance and the cooperative ap- tribes and federal resource agencies to per- on Energy and Commerce heard testimony proach to hydropower licensing that effec- mit and condition these projects is fully sup- from recreational and conservation interests tively ensures that the interests of local ported early in the process to reduce conflict who raised serious concerns about its many communities and their interests in outdoor and delay. H.R. 3043 misses these opportuni- provisions. Unfortunately, the Committee recreation are represented. Outdoor Alliance ties, focusing instead placing arbitrary con- chose to make no changes to reflect the con- finds the hydropower provisions of H.R. 3043 straints on environmental review and condi- structive suggestions that the Hydropower to be deeply problematic, and we oppose any tioning agency authorities that will result in Reform Coalition put forward that would im- effort to diminish the ability of citizens and increased conflict during licensing. prove the licensing process while maintain- public resource agencies to ensure that hy- As we have said a number of times before, ing environmental protections. The Com- dropower licenses include provisions to pro- Congress should take adequate time to hear mittee also failed to solicit testimony from tect the public river resources that are im- the views of the tribes, as well as the state states, tribes, and federal natural resource portant to them. and federal resource agencies about existing agencies whose authorities will be usurped Best regards, process hurdles and potential solutions be- by the Federal Energy Regulatory Commis- LOUIS GELTMAN, fore legislating changes to hydropower sion (FERC) if H.R. 3043 is enacted. You are Policy Director, project licensing procedures and standards. now being asked to vote on a bill that no Outdoor Alliance. Some in the industry blame delays and cost state, tribe, or conservation organization overruns on agency inaction and bad deci- publicly supports. The bill under consider- TROUT UNLIMITED, sions, yet the committee has so far not ation today will only benefit power compa- November 6, 2017. called them to testify. If the committee nies at the expense of every other user of a Re Trout Unlimited opposes the ‘‘Hydro- wants to have a thoughtful legislative proc- waterway. power Policy Modernization Act of 2017’’ ess, it needs to hear from the agencies who H.R. 3043 attempts to streamline the hy- (H.R. 3043) and we urge members of the some claim to be the root of the problem. Al- dropower licensing process by centralizing House of Representatives to vote against though the Energy and Commerce com- power and allowing FERC to set an aggres- this legislation. mittee and its subcommittee on Energy and sive licensing schedule that all federal and DEAR REPRESENTATIVE: H.R. 3043 is due for Power held hearings on this bill and related state agencies must adhere to throughout House floor consideration this week. We urge hydropower legislation, those hearings did the licensing process. There are no require- you to reject the bill and instead to develop not include these constituencies. Again, we ments that FERC or the licensee provide the a bill worthy of broad stakeholder support. urge the committee and the House to take agencies with the information they deem Hydropower is an essential component of the time to do the deliberative process in the necessary to quickly and competently exer- our nation’s energy mix. Hydropower pro- right way, and build broad support for bipar- cise their Clean Water Act or Endangered duces energy with low hydrocarbon emis- tisan legislation. Species Act authority. This creates a dy- sions, but can and does cause massive im- The most balanced and efficient way to namic where, unless every step of the process pacts to watershed health and fisheries habi- bring new hydropower online, is to ensure proceeds seamlessly, agencies are faced with tats. Striking a balance between power and that the development is well-sited and appro- the impossible decision to either exercise nonpower values, such as fisheries habitat, is priately mitigated from the start and to sup- their authority without necessary informa- essential. port and encourage early and often invest- tion (which exposes them to legal liability) To that end, the Federal Power Act assigns ment in evaluating and improving oper- or to fail to meet the schedule. This change oversight and conditioning roles for the nat- ations over time. will constrain federal, state, and tribal agen- ural resource agencies to ensure adequate This bill fails the test of carefully bal- cies use of their independent authorities and protections or conditions related to project ancing power and non-power values, such as rush decision making, potentially making it effects on underlying lands, waters and re- trout and salmon fisheries and river restora- more difficult to protect water quality, re- lated resources. These authorities, in par- tion. Specifically, we urge the House to sup- cover threatened and endangered species, ticular sections 18 and 4e of the Federal port and defend—and not weaken as this bill and manage tribal-trust resources and public Power Act, and section 401 of the Clean does—resource agency authorities and man- lands. Water Act, contain some of the most useful dates—including the Clean Water Act, En- Other provisions of H.R. 3043, such as the fisheries conservation provisions in state or dangered Species Act and Federal Power Act. changes to the Trial Type Hearing process federal statute and are critical to minimize We urge you to vote against H.R. 3043. for alternative conditions, the requirement and mitigate impacts to trout and salmon Sincerely, that federal natural resource agencies con- habitats, covering issues like fish passage, STEVE MOYER, duct costly, wasteful and time consuming re- instream flow below the project and water Vice President of Government Affairs. view of matters outside of their scope of ex- quality and quantity issues. pertise and jurisdiction, and the requirement H.R. 3043 would significantly disrupt ef- NOVEMBER 7, 2017. that scientific decisions be made only by po- forts to balance power and nonpower values DEAR REPRESENTATIVE: On behalf of our litical appointees in Washington, DC are all in the licensing process and for all the wrong millions of members and supporters nation- examples of how H.R. 3043 tilts the balance reasons. If the goal of the bill is to make the wide, we are writing to urge you to oppose toward the interests of power companies. licensing process more efficient and expedi- H.R. 3043, the Hydropower Policy Moderniza- In order to protect clean water, irrigation, tious, Congress should support the funding tion Act. This bill is a devastating assault on meeting tribal treaty and trust obligations, and information needs of the resource agen- our nation’s rivers and the people and wild- wildlife, recreational fishing, commercial

VerDate Sep 11 2014 03:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.036 H08NOPT1 H8630 CONGRESSIONAL RECORD — HOUSE November 8, 2017 fishing, whitewater boating, water quality, (1) hydropower is a renewable resource for ‘‘(II) environmental, recreation, or other pro- municipal water supply, fire safety, flood purposes of all Federal programs and is an es- tection, mitigation, or enhancement measures; control, or any other purpose other than gen- sential source of energy in the United States; and erating power, we urge you to vote NO on and ‘‘(ii) did not result in the extension of the term H.R. 3043. (2) the United States should increase substan- of the existing license by the Commission.’’. Sincerely, tially the capacity and generation of clean, re- (f) ALTERNATIVE CONDITIONS AND PRESCRIP- American Packrafting Association; Amer- newable hydropower that would improve envi- TIONS.—Section 33 of the Federal Power Act (16 ican Rivers; American Whitewater; Apa- ronmental quality in the United States. U.S.C. 823d) is amended— lachicola Riverkeeper; Appalachian Moun- (b) MODIFYING THE DEFINITION OF RENEWABLE (1) in subsection (a)— tain Club; Atlantic Salmon Federation; Cali- ENERGY TO INCLUDE HYDROPOWER.—Section 203 (A) in paragraph (1), by striking ‘‘deems’’ and fornia Outdoors; California Sportfishing Pro- of the Energy Policy Act of 2005 (42 U.S.C. inserting ‘‘determines’’; tection Alliance; Center for Biological Diver- 15852) is amended— (B) in paragraph (2)(B), in the matter pre- sity; Center for Environmental Law and Pol- (1) in subsection (a), by striking ‘‘the fol- ceding clause (i), by inserting ‘‘determined to be icy; Connecticut River Conservancy; Con- lowing amounts’’ and all that follows through necessary’’ before ‘‘by the Secretary’’; servatives for Responsible Stewardship; paragraph (3) and inserting ‘‘not less than 15 (C) by striking paragraph (4); and percent in fiscal year 2017 and each fiscal year Downeast Salmon Federation; Earthjustice; (D) by striking paragraph (5); thereafter shall be renewable energy.’’ ; and Earthworks; Endangered Habitats League; (2) in subsection (b)— (2) in subsection (b), by striking paragraph (2) Endangered Species Coalition; Environ- (A) by striking paragraph (4); and and inserting the following: (B) by striking paragraph (5); and mental Protection Information Center ‘‘(2) RENEWABLE ENERGY.—The term ‘renew- (EPIC); Foothill Conservancy; Friends of (3) by adding at the end the following: able energy’ means electric energy generated ‘‘(c) FURTHER CONDITIONS.—This section ap- Butte Creek. from solar, wind, biomass, landfill gas, ocean plies to any further conditions or prescriptions Golden West Women Flyfishers; Grand (including tidal, wave, current, and thermal), proposed or imposed pursuant to section 4(e), 6, Riverkeeper Labrador; Green Latinos; High geothermal, or municipal solid waste, or from a or 18.’’. Country Conservation Advocates; Idaho Riv- hydropower project.’’. SEC. 3. HYDROPOWER LICENSING AND PROCESS ers United; Illinois Council of Trout Unlim- RELIMINARY ERMITS (c) P P .—Section 5 of the IMPROVEMENTS. ited; Klamath Forest Alliance; Kootenai En- Federal Power Act (16 U.S.C. 798) is amended— (a) HYDROPOWER LICENSING AND PROCESS IM- vironmental Alliance; League of Conserva- (1) in subsection (a), by striking ‘‘three’’ and PROVEMENTS.—Part I of the Federal Power Act tion Voters; Lower Columbia Canoe Club; inserting ‘‘4’’; and Maine Rivers; Michigan Environmental (2) by amending subsection (b) to read as fol- (16 U.S.C. 792 et seq.) is amended by adding at Council; Michigan Hydro Relicensing Coali- lows: the end the following: tion; Mono Lake Committee; Mousam and ‘‘(b) The Commission may— ‘‘SEC. 34. HYDROPOWER LICENSING AND PROC- Kennebunk Rivers Alliance; National Herit- ‘‘(1) extend the period of a preliminary permit ESS IMPROVEMENTS. age Institute; National Park Conservation once for not more than 4 additional years be- ‘‘(a) DEFINITION.—In this section, the term Association; National Wildlife Federation; yond the 4 years permitted by subsection (a) if ‘Federal authorization’— Natural Resources Defense Council; the Commission finds that the permittee has car- ‘‘(1) means any authorization required under Naturaland Trust. ried out activities under such permit in good Federal law with respect to an application for a North Cascades Conservation Council; faith and with reasonable diligence; and license under this part; and Northwest Environmental Advocates; Oregon ‘‘(2) if the period of a preliminary permit is ex- ‘‘(2) includes any permits, special use author- tended under paragraph (1), extend the period Kayak and Canoe Club; Pacific Coast Federa- izations, certifications, opinions, or other ap- of such preliminary permit once for not more tion of Fishermen’s Associations; Penobscot provals as may be required under Federal law to than 4 additional years beyond the extension Paddle and Chowder Society; Planning and approve or implement the license under this period granted under paragraph (1), if the Com- Conservation League; Prairie Rivers Net- part. mission determines that there are extraordinary ‘‘(b) DESIGNATION AS LEAD AGENCY.— work; River Alliance of Wisconsin; River circumstances that warrant such additional ex- ‘‘(1) IN GENERAL.—The Commission shall act Network; Riverkeeper Network; Rogue tension.’’. as the lead agency for the purposes of coordi- Riverkeeper; Save Our Wild Salmon; Save (d) TIME LIMIT FOR CONSTRUCTION OF nating all applicable Federal authorizations the Colorado; Selkirk Conservation Alliance; PROJECT WORKS.—Section 13 of the Federal and for the purposes of complying with the Na- Southern Environmental Law Center; St. Power Act (16 U.S.C. 806) is amended in the sec- tional Environmental Policy Act of 1969 (42 Mary’s River Watershed Association; The ond sentence by striking ‘‘once but not longer U.S.C. 4321 et seq.). Lands Council; The Sierra Club; Tributary than two additional years’’ and inserting ‘‘for ‘‘(2) OTHER AGENCIES AND INDIAN TRIBES.— Whitewater Tours, LLC; Tuolumne River not more than 8 additional years,’’. ‘‘(A) IN GENERAL.—Each Federal, State, and Trust; Upstate Forever; Washington Envi- (e) LICENSE TERM.—Section 15(e) of the Fed- local government agency and Indian tribe con- ronmental Law Center (see Western Environ- eral Power Act (16 U.S.C. 808(e)) is amended— sidering an aspect of an application for Federal mental Law Center); Washington Wild; (1) by striking ‘‘(e) Except’’ and inserting the authorization shall coordinate with the Commis- WaterWatch of Oregon; Wild Washington following: sion and comply with the deadline established Rivers. ‘‘(e) LICENSE TERM ON RELICENSING.— in the schedule developed for the license under The Acting CHAIR. All time for gen- ‘‘(1) IN GENERAL.—Except’’; and this part in accordance with the rule issued by (2) by adding at the end the following: the Commission under subsection (c). eral debate has expired. ‘‘(2) CONSIDERATION.—In determining the term ‘‘(B) IDENTIFICATION.—The Commission shall Pursuant to the rule, the bill shall be of a license under paragraph (1), the Commis- identify, as early as practicable after it is noti- considered for amendment under the 5- sion shall consider, among other things, project- fied by the applicant for a license under this minute rule. related investments to be made by the licensee part, any Federal or State agency, local govern- under a new license issued under this section, as It shall be in order to consider as an ment, or Indian tribe that may consider an as- well as project-related investments made by a original bill for the purpose of amend- pect of an application for a Federal authoriza- licencee over the term of the existing license (in- ment under the 5-minute rule the tion. cluding any terms under annual licenses). In amendment in the nature of a sub- ‘‘(C) NOTIFICATION.— considering such investments, the Commission ‘‘(i) IN GENERAL.—The Commission shall no- stitute recommended by the Com- shall give the same weight to— mittee on Energy and Commerce, ‘‘(A) investments to be made by the licensee to tify any agency and Indian tribe identified printed in the bill. The committee implement a new license issued under this sec- under subparagraph (B) of the opportunity to participate in the process of reviewing an aspect amendment in the nature of a sub- tion, including— ‘‘(i) investments in redevelopment, new con- of an application for a Federal authorization. stitute shall be considered as read. ‘‘(ii) DEADLINE.—Each agency and Indian The text of the committee amend- struction, new capacity, efficiency, moderniza- tion, rehabilitation, and safety improvements; tribe receiving a notice under clause (i) shall ment in the nature of a substitute is as and submit a response acknowledging receipt of the follows: ‘‘(ii) investments in environmental, recreation, notice to the Commission within 30 days of re- H.R. 3043 and other protection, mitigation, or enhance- ceipt of such notice and request. ‘‘(D) ISSUE IDENTIFICATION AND RESOLUTION.— Be it enacted by the Senate and House of Rep- ment measures that will be required or author- ized by the license; and ‘‘(i) IDENTIFICATION OF ISSUES.—Federal, resentatives of the United States of America in State, and local government agencies and In- Congress assembled, ‘‘(B) investments made by the licensee over the term of the existing license (including any dian tribes that may consider an aspect of an SECTION 1. SHORT TITLE. terms under annual licenses), beyond those re- application for Federal authorization shall This Act may be cited as the ‘‘Hydropower quired by the existing license when issued, identify, as early as possible, and share with the Policy Modernization Act of 2017’’. that— Commission and the applicant, any issues of SEC. 2. HYDROPOWER REGULATORY IMPROVE- ‘‘(i) resulted in, during the term of the exist- concern identified during the pendency of the MENTS. ing license— Commission’s action under this part relating to (a) SENSE OF CONGRESS ON THE USE OF HY- ‘‘(I) redevelopment, new construction, new ca- any Federal authorization that may delay or DROPOWER RENEWABLE RESOURCES.—It is the pacity, efficiency, modernization, rehabilitation, prevent the granting of such authorization, in- sense of Congress that— or safety improvements; or cluding any issues that may prevent the agency

VerDate Sep 11 2014 03:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00032 Fmt 7634 Sfmt 6333 E:\CR\FM\A08NO7.038 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8631 or Indian tribe from meeting the schedule estab- seeking a Federal authorization to fund a third- (2), the head of a Federal agency may make use lished for the license under this part in accord- party contractor selected by such an agency or of information produced or made available by ance with the rule issued by the Commission tribe to assist in reviewing the application. All other agencies with relevant expertise in the under subsection (c). costs of an agency or tribe incurred pursuant to factors described in subparagraphs (A) through ‘‘(ii) ISSUE RESOLUTION.—The Commission direct funding by the applicant, including all (E) of that paragraph. may forward any issue of concern identified costs associated with the third party contractor, ‘‘(k) DELEGATION.—A Secretary may delegate under clause (i) to the heads of the relevant shall not be considered costs of the United the authority to determine a condition to be nec- State and Federal agencies (including, in the States for the administration of this part under essary under section 4(e), or to prescribe a case of an issue of concern identified by a State section 10(e). fishway under section 18, to an officer of the or local government agency or Indian tribe, the ‘‘(g) COMMISSION RECOMMENDATION ON SCOPE applicable department based, in part, on the Federal agency overseeing the delegated author- OF ENVIRONMENTAL REVIEW.—For the purposes ability of the officer to evaluate the broad ef- ity, or the Secretary of the Interior with regard of coordinating Federal authorizations for each fects of such condition or prescription on— to an issue of concern identified by an Indian license under this part, the Commission shall ‘‘(1) the applicable project; and tribe, as applicable) for resolution. If the Com- consult with and make a recommendation to ‘‘(2) the factors described in subparagraphs mission forwards an issue of concern to the agencies and Indian tribes receiving a schedule (A) through (E) of subsection (j)(2). head of a relevant agency, the Commission and under subsection (d) on the scope of the envi- ‘‘(l) NO EFFECT ON OTHER LAWS.—Nothing in the relevant agency shall enter into a memo- ronmental review for all Federal authorizations this section shall be construed to affect any re- randum of understanding to facilitate inter- for such license. Each Federal and State agency quirement of the Federal Water Pollution Con- agency coordination and resolution of such and Indian tribe shall give due consideration trol Act, the Fish and Wildlife Coordination issues of concern, as appropriate. and may give deference to the Commission’s rec- Act, the Endangered Species Act of 1973, section ‘‘(c) SCHEDULE.— ommendations, to the extent appropriate under 14 of the Act of March 3, 1899 (commonly known ‘‘(1) COMMISSION RULEMAKING TO ESTABLISH Federal law. as the Rivers and Harbors Appropriation Act of PROCESS TO SET SCHEDULE.—Not later than 180 ‘‘(h) EXTENSION OF DEADLINE.— 1899), and those provisions in subtitle III of title days after the date of enactment of this section ‘‘(1) APPLICATION.—A Federal, State, or local 54, United States Code commonly known as the the Commission shall, in consultation with the government agency or Indian tribe that is un- National Historic Preservation Act, with respect appropriate Federal agencies, issue a rule, after able to complete its disposition of a Federal au- to an application for a license under this part. providing for notice and public comment, estab- thorization by the deadline set forth in the ‘‘SEC. 35. TRIAL-TYPE HEARINGS. lishing a process for setting a schedule following schedule established under subsection (d)(1) ‘‘(a) DEFINITION OF COVERED MEASURE.—In the filing of an application under this part for shall, not later than 30 days prior to such dead- this section, the term ‘covered measure’ means— a license for the review and disposition of each line, file for an extension with the Commission. ‘‘(1) a condition determined to be necessary Federal authorization. ‘‘(2) EXTENSION.—The Commission shall only under section 4(e), including an alternative con- ‘‘(2) ELEMENTS OF SCHEDULING RULE.—In grant an extension filed for under paragraph (1) dition proposed under section 33(a); issuing a rule under this subsection, the Com- if the agency or Indian tribe demonstrates, ‘‘(2) fishways prescribed under section 18, in- mission shall ensure that the schedule for each based on the record maintained under sub- cluding an alternative prescription proposed Federal authorization— section (i), that complying with the schedule es- under section 33(b); or ‘‘(A) includes deadlines for actions by— tablished under subsection (d)(1) would prevent ‘‘(3) any action by the Secretary to exercise ‘‘(i) any Federal or State agency, local gov- the agency or tribe from complying with appli- reserved authority under the license to pre- ernment, or Indian tribe that may consider an cable Federal or State law. If the Commission scribe, submit, or revise any condition to a li- aspect of an application for the Federal author- grants the extension, the Commission shall set a cense under the first proviso of section 4(e) or ization; reasonable schedule and deadline, that is not fishway prescribed under section 18. ‘‘(ii) the applicant; later than 90 days after the deadline set forth in ‘‘(b) AUTHORIZATION OF TRIAL-TYPE HEAR- ‘‘(iii) the Commission; and the schedule established under subsection (d)(1), ING.—An applicant for a license under this part ‘‘(iv) other participants in any applicable pro- for the agency or tribe to complete its disposition (including an applicant for a license under sec- ceeding; of the Federal authorization. tion 15) and any party to a license proceeding ‘‘(B) is developed in consultation with the ap- ‘‘(i) CONSOLIDATED RECORD.—The Commission shall be entitled to a determination on the plicant and any agency and Indian tribe that shall, with the cooperation of Federal, State, record, after opportunity for a trial-type hear- submits a response under subsection and local government agencies and Indian ing of not more than 120 days, on any disputed (b)(2)(C)(ii); tribes, maintain a complete consolidated record issues of material fact with respect to an appli- ‘‘(C) provides an opportunity for any Federal of all decisions made or actions taken by the cable covered measure. or State agency, local government, or Indian Commission or by a Federal administrative ‘‘(c) DEADLINE FOR REQUEST.—A request for a tribe that may consider an aspect of an applica- agency or officer (or State or local government trial-type hearing under this section shall be tion for the applicable Federal authorization to agency or officer or Indian tribe acting under submitted not later than 60 days after the date identify and resolve issues of concern, as pro- delegated Federal authority) with respect to any on which, as applicable— vided in subsection (b)(2)(D); Federal authorization. Such record shall con- ‘‘(1) the Secretary determines the condition to ‘‘(D) complies with applicable schedules estab- stitute the record for judicial review under sec- be necessary under section 4(e) or prescribes the lished under Federal and State law; tion 313(b). fishway under section 18; or ‘‘(E) ensures expeditious completion of all pro- ‘‘(j) SUBMISSION OF LICENSE RECOMMENDA- ‘‘(2) the Secretary exercises reserved authority ceedings required under Federal and State law, TIONS, CONDITIONS, AND PRESCRIPTIONS.— under the license to prescribe, submit, or revise to the extent practicable; and ‘‘(1) SUBMISSION OF RECOMMENDATIONS.—Any any condition to a license under the first pro- ‘‘(F) facilitates completion of Federal and Federal or State agency that is providing rec- viso of section 4(e) or fishway prescribed under State agency studies, reviews, and any other ommendations with respect to a license pro- section 18, as appropriate. procedures required prior to, or concurrent with, ceeding under this part shall submit to the Com- ‘‘(d) NO REQUIREMENT TO EXHAUST.—By the preparation of the Commission’s environ- mission for inclusion in the consolidated record electing not to request a trial-type hearing mental document required under the National relating to the license proceeding maintained under subsection (c), a license applicant and Environmental Policy Act of 1969 (42 U.S.C. 4321 under subsection (i)— any other party to a license proceeding shall not et seq.). ‘‘(A) the recommendations; be considered to have waived the right of the ‘‘(d) TRANSMISSION OF FINAL SCHEDULE.— ‘‘(B) the rationale for the recommendations; applicant or other party to raise any issue of ‘‘(1) IN GENERAL.—For each application for a and fact or law in a non-trial-type proceeding, but ‘‘(C) any supporting materials relating to the license under this part, the Commission shall es- no issue may be raised for the first time on re- recommendations. tablish a schedule in accordance with the rule hearing or judicial review of the license decision ‘‘(2) WRITTEN STATEMENT.—In a case in which issued by the Commission under subsection (c). of the Commission. a Federal agency is making a determination The Commission shall publicly notice and trans- ‘‘(e) ADMINISTRATIVE LAW JUDGE.— with respect to a covered measure (as defined in mit the final schedule to the applicant and each ‘‘(1) IN GENERAL.—All disputed issues of mate- section 35(a)), the head of the Federal agency agency and Indian tribe identified under sub- rial fact raised by a party in a request for a shall submit to the Commission for inclusion in section (b)(2)(B). trial-type hearing submitted under subsection the consolidated record, in addition to the infor- ‘‘(2) RESPONSE.—Each agency and Indian (c) shall be determined in a single trial-type mation required under paragraph (1), a written tribe receiving a schedule under this subsection hearing to be conducted by an Administrative statement demonstrating that the Federal agen- shall acknowledge receipt of such schedule in Law Judge within the Office of Administrative cy gave equal consideration to the effects of the writing to the Commission within 30 days. Law Judges and Dispute Resolution of the Com- covered measure on— ‘‘(e) ADHERENCE TO SCHEDULE.—All appli- mission, in accordance with the Commission ‘‘(A) energy supply, distribution, cost, and cants, other licensing participants, and agencies rules of practice and procedure under part 385 use; and Indian tribes considering an aspect of an ‘‘(B) flood control; of title 18, Code of Federal Regulations (or suc- application for a Federal authorization shall ‘‘(C) navigation; cessor regulations), and within the timeframe meet the deadlines set forth in the schedule es- ‘‘(D) water supply; and established by the Commission for each license tablished pursuant to subsection (d)(1). ‘‘(E) air quality and the preservation of other proceeding (including a proceeding for a license ‘‘(f) APPLICATION PROCESSING.—The Commis- aspects of environmental quality. under section 15) under section 34(d). sion, Federal, State, and local government agen- ‘‘(3) INFORMATION FROM OTHER AGENCIES.—In ‘‘(2) REQUIREMENT.—The trial-type hearing cies, and Indian tribes may allow an applicant preparing a written statement under paragraph shall include the opportunity—

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‘‘(A) to undertake discovery; and ‘‘(3) encourage license applicants, agencies, ‘‘(6) FEDERAL AUTHORIZATIONS.—In estab- ‘‘(B) to cross-examine witnesses, as applicable. and Indian tribes to develop and use, for the lishing the schedule for a proposed license ‘‘(f) STAY.—The Administrative Law Judge purpose of fostering timely and efficient consid- amendment for a qualifying project upgrade, the may impose a stay of a trial-type hearing under eration of license applications, a limited number Commission shall require final disposition of all this section for a period of not more than 120 of open-source methodologies and tools applica- authorizations required under Federal law with days to facilitate settlement negotiations relat- ble across a wide array of projects, including respect to an application for such license ing to resolving the disputed issues of material water balance models and streamflow analyses. amendment, other than final action by the Com- fact with respect to the covered measure. ‘‘(b) USE OF STUDIES.—To the extent prac- mission, by not later than 120 days after the ‘‘(g) DECISION OF THE ADMINISTRATIVE LAW ticable, the Commission and other Federal, date on which the Commission publishes a final JUDGE.— State, and local government agencies and In- determination under paragraph (5) that the pro- ‘‘(1) CONTENTS.—The decision of the Adminis- dian tribes considering an aspect of an applica- posed license amendment is for a qualifying trative Law Judge shall contain— tion for Federal authorization (as defined in project upgrade. ‘‘(A) findings of fact on all disputed issues of section 34) shall use studies and data based on ‘‘(7) COMMISSION ACTION.—Not later than 150 material fact; current, accepted science in support of their ac- days after the date on which the Commission ‘‘(B) conclusions of law necessary to make the tions. Any participant in a proceeding with re- publishes a final determination under para- findings of fact, including rulings on materiality spect to such a Federal authorization shall dem- graph (5) that a proposed license amendment is and the admissibility of evidence; and onstrate that a study requested by the partici- for a qualifying project upgrade, the Commis- ‘‘(C) reasons for the findings and conclusions. pant is not duplicative of current, existing stud- sion shall take final action on the license ‘‘(2) LIMITATION.—The decision of the Admin- ies that are applicable to the project. amendment application. istrative Law Judge shall not contain conclu- ‘‘(c) INTRA-WATERSHED REVIEW.—The Commis- ‘‘(8) LICENSE AMENDMENT CONDITIONS.—Any sions as to whether— sion shall establish a program to develop com- condition or prescription included in or applica- ‘‘(A) any condition or prescription should be prehensive plans, at the request of project appli- ble to a license amendment for a qualifying adopted, modified, or rejected; or cants, on a watershed-wide scale, in consulta- project upgrade approved under this subsection, ‘‘(B) any alternative condition or prescription tion with the applicants, appropriate Federal including any condition, prescription, or other should be adopted, modified, or rejected. agencies, and affected States, local govern- requirement of a Federal authorization, shall be ‘‘(3) FINALITY.—A decision of an Administra- ments, and Indian tribes, in watersheds with re- limited to those that are— tive Law Judge under this section with respect spect to which there are more than one applica- ‘‘(A) necessary to protect public safety; or to a disputed issue of material fact shall not be tion for a project. Upon such a request, the ‘‘(B) reasonable, economically feasible, and subject to further administrative review. Commission, in consultation with the appli- essential to prevent loss of or damage to, or to ‘‘(4) SERVICE.—The Administrative Law Judge cants, such Federal agencies, and affected mitigate adverse effects on, fish and wildlife re- shall serve the decision on each party to the States, local governments, and Indian tribes, sources, water supply, and water quality that hearing and forward the complete record of the may conduct or commission watershed-wide en- are directly caused by the construction and op- hearing to the Commission and the Secretary vironmental studies, with the participation of at eration of the qualifying project upgrade, as that proposed the original condition or prescrip- least 2 applicants. Any study conducted under compared to the environmental baseline existing tion. this subsection shall apply only to a project at the time the Commission approves the appli- ‘‘(h) SECRETARIAL DETERMINATION.— with respect to which the applicants participate. cation for the license amendment. ‘‘(9) RULEMAKING.—Not later than 180 days ‘‘(1) IN GENERAL.—Not later than 60 days after ‘‘SEC. 37. LICENSE AMENDMENT IMPROVEMENTS. after the date of enactment of this section, the the date on which the Administrative Law ‘‘(a) QUALIFYING PROJECT UPGRADES.— Commission shall, after notice and opportunity Judge issues the decision under subsection (g) ‘‘(1) IN GENERAL.—As provided in this section, for public comment, issue a rule to implement and in accordance with any applicable schedule the Commission may approve an application this subsection. established by the Commission under section under this section for an amendment to a license ‘‘(10) DEFINITIONS.—For purposes of this sub- 34(d), the Secretary proposing a covered meas- issued under this part for a qualifying project section: ure shall file with the Commission a final deter- upgrade. ‘‘(A) QUALIFYING PROJECT UPGRADE.—The mination to adopt, modify, or withdraw any ‘‘(2) APPLICATION.—A licensee filing an appli- condition or prescription that was the subject of term ‘qualifying project upgrade’ means a cation for an amendment to a project license, for change to a project licensed under this part that a hearing under this section, based on the deci- which the licensee is seeking approval as a sion of the Administrative Law Judge. meets the qualifying criteria, as determined by qualified project upgrade under this section, the Commission. ‘‘(2) RECORD OF DETERMINATION.—The final shall include in such application information determination of the Secretary filed with the ‘‘(B) QUALIFYING CRITERIA.—The term ‘quali- sufficient to demonstrate that the proposed fying criteria’ means, with respect to a project Commission shall identify the reasons for the change to the project described in the applica- decision and any considerations taken into ac- licensed under this part, a change to the project tion is a qualifying project upgrade. that— count that were not part of, or were inconsistent ‘‘(3) NOTICE AND INITIAL DETERMINATION ON with, the findings of the Administrative Law ‘‘(i) if carried out, would be unlikely to ad- QUALIFICATION.—Not later than 30 days after re- versely affect any species listed as threatened or Judge and shall be included in the consolidated ceipt of an application under paragraph (2), the record maintained under section 34(i). endangered under the Endangered Species Act Commission, in consultation with other Federal of 1973 or result in the destruction or adverse ‘‘(i) RESOLUTION OF MATTERS.—Notwith- agencies, States, and Indian tribes the Commis- standing sections 4(e) and 18, if the Commission modification of critical habitat, as determined in sion determines appropriate, shall publish in the consultation with the Secretary of the Interior finds that a final determination under (h)(1) of Federal Register a notice containing— the Secretary is inconsistent with the purposes or Secretary of Commerce, as appropriate, in ac- ‘‘(A) notice of the application filed under cordance with section 7 of the Endangered Spe- of this part or other applicable law, the Commis- paragraph (2); sion may enter into a memorandum of under- cies Act of 1973; ‘‘(B) an initial determination as to whether ‘‘(ii) is consistent with any applicable com- standing with the Secretary to facilitate inter- the proposed change to the project described in prehensive plan under section 10(a)(2); agency coordination and resolve the matter. the application for a license amendment is a ‘‘(iii) includes only changes to project lands, ‘‘(j) JUDICIAL REVIEW.—The decision of the qualifying project upgrade; and waters, or operations that, in the judgment of Administrative Law Judge and the record of de- ‘‘(C) a request for public comment on the ap- the Commission, would result in only insignifi- termination of the Secretary shall be included in plication and the initial determination. cant or minimal cumulative adverse environ- the record of the applicable licensing proceeding ‘‘(4) PUBLIC COMMENT AND CONSULTATION.— mental effects; and subject to judicial review of the final licens- The Commission shall, for a period of 45 days ‘‘(iv) would be unlikely to adversely affect ing decision of the Commission under section beginning on the date of publication of a notice water quality or water supply; and 313(b). under paragraph (3)— ‘‘(v) proposes to implement— ‘‘SEC. 36. LICENSING STUDY IMPROVEMENTS. ‘‘(A) accept public comment regarding the ap- ‘‘(I) capacity increases, efficiency improve- ‘‘(a) IN GENERAL.—To facilitate the timely plication and whether the proposed license ments, or other enhancements to hydropower and efficient completion of the license pro- amendment is for a qualifying project upgrade; generation at the licensed project; ceedings under this part, the Commission shall, and ‘‘(II) environmental protection, mitigation, or in consultation with applicable Federal and ‘‘(B) consult with each Federal, State, and enhancement measures to benefit fish and wild- State agencies and interested members of the local government agency and Indian tribe con- life resources or other natural and cultural re- public— sidering an aspect of an application for any au- sources; or ‘‘(1) compile current and accepted best prac- thorization required under Federal law with re- ‘‘(III) improvements to public recreation at the tices in performing studies required in such li- spect to the proposed license amendment, as well licensed project. cense proceedings, including methodologies and as other interested agencies and Indian tribes. ‘‘(b) AMENDMENT APPROVAL PROCESSES.— the design of studies to assess the full range of ‘‘(5) FINAL DETERMINATION ON QUALIFICA- ‘‘(1) RULE.—Not later than 1 year after the environmental impacts of a project that reflect TION.—Not later than 15 days after the end of date of enactment of this section, the Commis- the most recent peer-reviewed science; the public comment and consultation period sion shall, after notice and opportunity for pub- ‘‘(2) compile a comprehensive collection of under paragraph (4), the Commission shall pub- lic comment, issue a rule establishing new studies and data accessible to the public that lish in the Federal Register a final determina- standards and procedures for license amend- could be used to inform license proceedings tion as to whether the proposed license amend- ment applications under this part. In issuing under this part; and ment is for a qualifying project upgrade. such rule, the Commission shall seek to develop

VerDate Sep 11 2014 03:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00034 Fmt 7634 Sfmt 6333 E:\CR\FM\A08NO7.016 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8633 the most efficient and expedient process, con- ranking member for their collaborative electric license. We believe strongly that sultation, and review requirements, commensu- effort to bring this bill forward. such decisions should be predicated on the rate with the scope of different categories of This amendment, which is supported most up to date information available, and proposed license amendments. Such rule shall by colleagues on both sides of the aisle, your amendment will help guarantee that account for differences in environmental effects is pretty simple. It requires Federal de- invasive species are not permitted to threat- across a wide range of categories of license en the Lake Wisconsin watershed. amendment applications. cisionmakers in the Department of the Again, thank you for offering your amend- ‘‘(2) CAPACITY.—In issuing a rule under this Interior to consider the threat of ment. Please let me know how Alliant may subsection, the Commission shall take into con- invasive species when installing assist you in ushering this much-needed pro- sideration that a change in generating or hy- fishways. vision into public law. draulic capacity may indicate the potential en- This was brought to my attention Sincerely, vironmental effects of a proposed license amend- while looking at a dam on the Wis- DAVID DE LEON, ment but is not determinative of such effects. consin River in Wisconsin. Below that Vice President Operations—Wisconsin, ‘‘(3) PROCESS OPTIONS.—In issuing a rule dam, we had Asian carp, an invasive Alliant Energy. under this subsection, the Commission shall take Mr. UPTON. Will the gentleman into consideration the range of process options species, a huge fish. If that fish was available under the Commission’s regulations able to get further north on the Wis- yield? for license applications and adapt such options consin River, because of a fishway, you Mr. GROTHMAN. Mr. Chair, I yield to amendment applications, where appro- could wind up with this invasive spe- to the gentleman from Michigan. priate.’’. cies not only in the northern part of Mr. UPTON. Mr. Chair, I just want to SEC. 4. TECHNICAL AND CONFORMING AMEND- the river, but, and quite frankly, in say that this is a very good amend- MENTS. dozens of lakes throughout northern ment. It is bipartisan. It is critical (a) LICENSES.—Section 4(e) of the Federal Wisconsin. that—I know our Great Lakes Caucus, Power Act (16 U.S.C. 797(e)) is amended— As a matter of fact, given where that on a bipartisan basis, in both bodies, (1) by striking ‘‘adequate protection and utili- the House and Senate, have taken zation of such reservation’’ and all that follows dam is, if there is even flooding, that through ‘‘That no license affecting the navi- invasive species could wind up working strong actions against the Asian carp. gable capacity’’ and inserting ‘‘adequate protec- its way into Lake Michigan and up the This is a good amendment. We are tion and utilization of such reservation: Pro- Saint Lawrence Seaway. It is very im- certainly prepared to accept it, and I vided further, That no license affecting the nav- portant that before the Department of commend you for taking the time on igable capacity’’; and the Interior listens to certain environ- the floor. (2) by striking ‘‘deem’’ and inserting ‘‘deter- mentalists, they realize that a fishway Ms. MOORE. Will the gentleman mine’’. at this dam would result in big trouble. yield? (b) OPERATION OF NAVIGATION FACILITIES.— Mr. GROTHMAN. Mr. Chair, I yield Section 18 of the Federal Power Act (16 U.S.C. Because of the devastating effects 811) is amended by striking the second, third, invasive species can have on the envi- to the gentlewoman from Wisconsin. and fourth sentences. ronment, local fish population, and the Ms. MOORE. Mr. Chairman, I thank The Acting CHAIR. No amendment economy, this amendment will ensure my colleague from the Badger State for to the committee amendment in the the Federal agencies take into account yielding to me. I am so pleased to join nature of a substitute shall be in order all consequences before installing him, along with Representative MARK except those printed in House Report fishways. POCAN, in support of this amendment. Mr. Chair, I include in the RECORD a It is critical, Mr. Chairman. Wiscon- 115–391. Each such amendment may be letter from Alliant Energy. sinites value our natural resources like offered only in the order printed in the no other. The Great Lakes are an im- report, by a Member designated in the ALLIANT ENERGY, November 8, 2017. mense source of regional pride as well report, shall be considered read, shall Hon. MARK POCAN, as a great economic engine for our re- be debatable for the time specified in Member of Congress, House of Representatives, gion, and we know that these resources the report, equally divided and con- Washington, DC. are constantly under attack from a va- trolled by the proponent and an oppo- Hon. GLENN GROTHMAN, riety of threats. One particularly ne- nent, shall not be subject to amend- Member of Congress, House of Representatives, farious threat is invasive species. ment, and shall not be subject to a de- Washington, DC. My colleagues and I are all aware of mand for division of the question. DEAR REPRESENTATIVES POCAN AND GROTHMAN: I am writing in strong support of the costs these species impose. These AMENDMENT NO. 1 OFFERED BY MR. GROTHMAN your invasive species amendment to H.R. costs are something that, unfortu- The Acting CHAIR. It is now in order 3043, the Hydropower Modernization Act of nately, the Great Lakes region knows to consider amendment No. 1 printed in 2017, which is due to be considered on the too well. From the sea lamprey to the House Report 115–391. floor of the U.S. House today. Alliant Energy zebra mussel, to the carnivorous Asian deeply appreciates your commitment to this Mr. GROTHMAN. Mr. Chair, as the carp now advancing toward the region, designee of my friend and colleague, pro-environment measure, and for protecting Wisconsin’s watersheds. we have spent hundreds of millions of Mr. POCAN, I have an amendment at As you know, an Alliant subsidiary, Wis- dollars dealing with the damage cre- the desk. consin Power and Light, owns and operates a ated when these invasive and nuisance The Acting CHAIR. The Clerk will dam located in Prairie du Sac, Wisconsin, on species get into the Great Lakes eco- designate the amendment. the Wisconsin River. The Prairie du Sac system; and keeping them out of the The text of the amendment is as fol- dam, now over 100 years old, is responsible Great Lakes in the first place is the lows: for the formation of Lake Wisconsin, which serves as an enormous recreational and wild- most effective strategy. At the end of the bill, add the following A stitch in time saves nine, so I am new section: life resource for our state. Over a decade ago, the U.S. Fish and Wild- pleased that this is a bipartisan amend- SEC. 5. CONSIDERATION OF INVASIVE SPECIES. life Service sought to impose a fishway re- ment. I want to emphasize that the Section 18 of the Federal Power Act (16 quirement on the license for the dam, essen- U.S.C. 811) is amended by inserting after amendment does not predetermine any tially calling for a ‘‘fishway’’ to be installed particular outcome or decision. ‘‘the Secretary of Commerce.’’ the following: to allow for the upstream migration of na- ‘‘In prescribing a fishway, the Secretary of There is no magic bullet, Mr. Chair- tive fish. Since that time, however, sci- man, to the problem of invasive species Commerce or the Secretary of the Interior, entists and state officials have discovered as appropriate, shall consider the threat of the existence of non-native, invasive fish given that there are so many pathways invasive species.’’. species (Asian carp) at the base of the dam. for them to get into a body of water, The Acting CHAIR. Pursuant to If a fishway were now installed, it seems including through ballast water, but House Resolution 607, the gentleman clear that these invasive species would also this commonsense amendment gives us from Wisconsin (Mr. GROTHMAN) and a be able to migrate—and thereby endanger a more effective tool in that fight. Member opposed each will control 5 native fish populations upstream, including Mr. Chairman, I support this amend- Lake Wisconsin. ment, and I urge my colleagues to vote minutes. Your amendment would ensure that, in The Chair recognizes the gentleman this particular case, the U.S. Fish and Wild- for it. from Wisconsin. life Service would be required to consider the Mr. RUSH. Will the gentleman yield? Mr. GROTHMAN. Mr. Chair, first of threats posed by invasive species before im- Mr. GROTHMAN. I yield to the gen- all, I would like to thank the chair and posing a fishway condition on a hydro- tleman from Illinois.

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.016 H08NOPT1 H8634 CONGRESSIONAL RECORD — HOUSE November 8, 2017 Mr. RUSH. Mr. Chair, the minority of choosing between bad and worse op- proactive solutions to mitigate poten- side is prepared to accept this amend- tions of where to put all of that water. tial damage before natural disasters. ment. But in my district, serious concerns A proactive spirit should be fully im- Mr. GROTHMAN. Mr. Chair, I yield have been raised by my constituents plemented in our regulations and how back the balance of my time. and local river authorities about we invest in infrastructure. If we had The Acting CHAIR. The question is whether FERC’s licenses for hydro- invested, over the last few decades, just on the amendment offered by the gen- power facilities need to be adjusted to a small percentage of the people’s tleman from Wisconsin (Mr. account for the unprecedented flooding treasure that we have granted GROTHMAN). that we just experienced and with the postdisaster as emergency relief appro- The amendment was agreed to. ability to make commonsense changes priations into premitigation efforts, AMENDMENT NO. 2 OFFERED BY MR. BABIN in the face of an impending flood event. such as the cleaning and maintenance The Acting CHAIR. It is now in order My amendment ensures that nothing of our existing water management sys- to consider amendment No. 2 printed in will stand in the way of FERC going in tems, both natural and man-made, House Report 115–391. and examining the licenses for any fa- much of the resulting damage would Mr. BABIN. Mr. Chairman, I have an cility located in the path of the ter- not have occurred and many fewer amendment at the desk. rible disasters that we have seen this American families would have suffered. The Acting CHAIR. The Clerk will year. By passing it with strong bipar- Representative BABIN’s amendment designate the amendment. tisan support, we will make clear that will allow a procedural tool for the The text of the amendment is as fol- that is just what FERC should do. FERC to review licenses for any lows: Mr. Chairman, I yield such time as he project located in a region declared by At the end of the bill, add the following may consume to the gentleman from the President to be a disaster area, new section: Michigan (Mr. UPTON) and introduce which will allow us to better and more SEC. 5. EXAMINATION OF LICENSES FOR someone who is now famous in Texas, strategically manage our dams, flood- PROJECTS LOCATED IN DISASTER Uncle FRED UPTON, now that the gates, and reservoirs when we know AREAS. Astros have won the World Series. storms like Hurricane Harvey are im- Not later than one year after the date of Mr. UPTON. Mr. Chairman, I thank minent. enactment of this Act, the Federal Energy the gentleman for yielding. And, yes, I Regulatory Commission may examine the li- Mr. Chairman, I thank Congressman cense issued by the Commission under part I do have, now, extended family in BABIN for introducing this amendment, of the Federal Power Act for any project Texas. and I urge my colleagues on both sides that is located in an area that was declared Mr. Chairman, this is another tool in of the aisle to support this common- by the President to be a disaster area in 2017. the toolbox for FERC. We want to sense solution, as well as the under- The Acting CHAIR. Pursuant to make sure that areas are protected lying bill. House Resolution 607, the gentleman that have survived, somehow, these Mr. RUSH. Will the gentleman yield? from Texas (Mr. BABIN) and a Member terrible hurricanes. Mr. BABIN. I yield to the gentleman opposed each will control 5 minutes. Mr. Chairman, I urge all of my col- from Illinois. The Chair recognizes the gentleman leagues on a bipartisan basis to support Mr. RUSH. Mr. Chairman, the minor- from Texas. this good amendment. ity is prepared to accept this amend- Mr. BABIN. Mr. Chairman, when a Mr. BABIN. Mr. Chairman, I yield ment. disaster like Hurricane Harvey strikes, the balance of my time to the gen- Mr. BABIN. Mr. Chairman, I yield the most important job we have is to tleman from Louisiana (Mr. HIGGINS), back the balance of my time. assist those in harm’s way. my next-door neighbor and cosponsor The Acting CHAIR (Mr. ESTES of From the Texas National Guard to of this amendment. Kansas). The question is on the amend- the Louisiana Cajun Navy, to countless Mr. HIGGINS of Louisiana. Mr. ment offered by the gentleman from volunteers and citizens who have vol- Chairman, I rise today in support of Texas (Mr. BABIN). unteered and contributed their time, amendment No. 2 to the Hydropower The amendment was agreed to. their money, and their prayers, we saw Policy Modernization Act of 2017, of- AMENDMENT NO. 3 OFFERED BY MR. JENKINS OF across southeast Texas, in the imme- fered by my friend, Representative WEST VIRGINIA diate aftermath of that storm, nothing BABIN of Texas. The Acting CHAIR. It is now in order less than a model to which the whole My colleague’s amendment, of which to consider amendment No. 3 printed in Nation and world can aspire. I am a cosponsor, is a commonsense ad- House Report 115–391. I have even compared the rescue of so dition to this important piece of legis- Mr. JENKINS of West Virginia. Mr. many Texans by boat to the miracle at lation, which will allow the govern- Chairman, I have an amendment at the Dunkirk. ment to take more reasonable steps to desk. But when the storm passes, it is just mitigate the damages of flooding and The Acting CHAIR. The Clerk will as important that we look for lessons, hurricanes. designate the amendment. demand accountability, and work to fix Mr. Chairman, I participated in res- The text of the amendment is as fol- whatever went wrong or may have cue operations in Texas in the imme- lows: diate wake of Hurricane Harvey. The made this situation worse. At the end of the bill, add the following I am pleased to offer this amendment last rescue I personally responded to new section: today that will begin to address such was early on Friday, around 1 or 2 in SEC. 5. STUDIES FOR NON-FEDERAL HYDRO- an issue. the morning, less than 2 days after POWER. When a hydropower station is li- Harvey’s landfall. Notwithstanding any other provision of censed and regulated by FERC, it is The elderly gentleman we rescued law, if the Federal Energy Regulatory Com- not just the power plant that falls told me something I will never forget. mission has in place a memorandum of un- With tears in his eyes, he said: Sir, I derstanding with another Federal agency for under Federal control. Decisions about non-federal hydropower with respect to a lake levels, flood storage capacity, and have lived in my home since 1968 and it never flooded. In 50 years, I have seen project licensed under part I of the Federal other measurements of the body of Power Act (regardless of explicit Congres- water that powers that station are set this much water fall, but I have never sional authorization for such non-federal hy- forth in FERC license protocols and seen this much water rise. dropower), the other Federal agency may guidelines written and administered by Mr. Chairman, no one in this body fully study and review the potential expan- folks who work right here in Wash- batted an eye when we approved hun- sion of such non-federal hydropower at the ington. dreds of billions of dollars in emer- project, including a review of seasonal pool gency appropriations relief to the vic- levels and slowing flood releases. b 1500 tims of this year’s hurricane season. It The Acting CHAIR. Pursuant to As a former official for the Texas is time we as the people’s House move House Resolution 607, the gentleman Lower Neches Valley River Authority, past the reactionary era of addressing from West Virginia (Mr. JENKINS) and a I know that these are tough decisions the need to repeal and rebuild after Member opposed each will control 5 to make, and sometimes it is a matter natural disasters and start focusing on minutes.

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.054 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8635 The Chair recognizes the gentleman Mr. Chairman, I encourage support serting ‘‘for not more than 8 additional from West Virginia. for this amendment, and I yield back years,’’. Mr. JENKINS of West Virginia. Mr. the balance of my time. (e) CONSIDERATIONS FOR RELICENSING Chairman, my amendment is very The Acting CHAIR. The question is TERMS.—Section 15(e) of the Federal Power Act (16 U.S.C. 808(e)) is amended— straightforward. It supports the mis- on the amendment offered by the gen- (1) by striking ‘‘(e) Except’’ and inserting sion of the underlying bill to respon- tleman from West Virginia (Mr. JEN- the following: sibly increase opportunities for hydro- KINS). ‘‘(e) LICENSE TERM ON RELICENSING.— power across the Nation. The amendment was agreed to. ‘‘(1) IN GENERAL.—Except’’; and My amendment authorizes agencies AMENDMENT NO. 4 OFFERED BY MR. RUSH (2) by adding at the end the following: with an existing memorandum of un- The Acting CHAIR. It is now in order ‘‘(2) CONSIDERATION.—In determining the derstanding with FERC to study the to consider amendment No. 4 printed in term of a license under paragraph (1), the expansion of hydropower. The need for House Report 115–391. Commission shall consider project-related investments by the licensee over the term of this arises from a project in my dis- Mr. RUSH. Mr. Chairman, I have an the existing license (including any terms trict in Summersville, West Virginia. amendment at the desk. under annual licenses) that resulted in new There is what is called a run-of-the- The Acting CHAIR. The Clerk will development, construction, capacity, effi- river hydroelectric project in Sum- designate the amendment. ciency improvements, or environmental mersville. There is an MOU between The text of the amendment is as fol- measures, but which did not result in the ex- the town—the city of Summersville— lows: tension of the term of the license by the FERC, and the Army Corps of Engi- Strike all after the enacting clause and in- Commission.’’. neers. sert the following: SEC. 3. HYDROPOWER LICENSING AND PROCESS The Summersville hydro project was SECTION 1. SHORT TITLE. IMPROVEMENTS. actually licensed by FERC in 1992 and This Act may be cited as the ‘‘Hydropower (a) HYDROPOWER LICENSING AND PROCESS Policy Modernization Act of 2017’’. IMPROVEMENTS.—Part I of the Federal Power constructed in 2001, with the coopera- Act (16 U.S.C. 792 et seq.) is amended by add- tion of the Army Corps of Engineers. It SEC. 2. HYDROPOWER REGULATORY IMPROVE- MENTS. ing at the end the following: provides enough renewable energy to (a) SENSE OF CONGRESS ON THE USE OF HY- ‘‘SEC. 34. HYDROPOWER LICENSING AND PROC- power 22,000 homes. It might be pos- DROPOWER RENEWABLE RESOURCES.—It is the ESS IMPROVEMENTS. sible to increase hydropower by adjust- sense of Congress that— ‘‘(a) DEFINITION.—In this section, the term ing the seasonable pool levels and man- (1) hydropower is a renewable resource for ‘Federal authorization’— aging the releases. Even if this is only purposes of all Federal programs and is an ‘‘(1) means any authorization required for just a few days, it could result in a essential source of energy in the United under Federal law with respect to an applica- 15 percent increase in power generation States; and tion for a license under this part; and (2) the United States should increase sub- ‘‘(2) includes any conditions, prescriptions, for the surrounding community. permits, special use authorizations, certifi- Unfortunately, I have heard that stantially the capacity and generation of clean, renewable hydropower that would im- cations, opinions, or other approvals as may even to conduct a study requires ex- prove environmental quality in the United be required under Federal law to approve or plicit authorization from Congress. So States. implement the license under this part. that is what we are doing here today (b) MODIFYING THE DEFINITION OF RENEW- ‘‘(b) DESIGNATION AS LEAD AGENCY.—The with this amendment. This amendment ABLE ENERGY TO INCLUDE HYDROPOWER.—Sec- Commission shall act as the lead agency for would provide that authority, and only tion 203 of the Energy Policy Act of 2005 (42 the purposes of complying with the National in limited cases where there is an ex- U.S.C. 15852) is amended— Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an application isting MOU on the books between the (1) in subsection (a), by amending para- graphs (1) through (3) to read as follows: for a license under this part. agencies and FERC. ‘‘(1) Not less than 17 percent in fiscal years ‘‘(c) RULEMAKING TO ESTABLISH PROCESS TO Mr. Chairman, I yield 30 seconds to 2017 through 2019. SET SCHEDULE.— the gentleman from Michigan (Mr. ‘‘(2) Not less than 20 percent in fiscal years ‘‘(1) NEGOTIATED RULEMAKING.—Not later UPTON). 2020 through 2024. than 90 days after the date of enactment of Mr. UPTON. Mr. Chairman, I thank ‘‘(3) Not less than 25 percent in fiscal year this section the Commission, the Secretary my friend from West Virginia for yield- 2025 and each fiscal year thereafter.’’; and of Agriculture, the Administrator of the Na- ing. (2) in subsection (b), by striking paragraph tional Oceanic and Atmospheric Administra- Mr. Chairman, this is an amendment (2) and inserting the following: tion, and the Secretary of the Interior shall enter into a negotiated rulemaking pursuant that allows for a study of the potential ‘‘(2) RENEWABLE ENERGY.—The term ‘re- newable energy’ means electric energy gen- to subchapter III of chapter 5 of title 5, to expand non-Federal hydropower erated from solar, wind, biomass, landfill United States Code, to develop and publish a projects in Federal dams. It is a good gas, ocean (including tidal, wave, current, rule providing a process for the Commission amendment. I support it, and I urge my and thermal), geothermal, or municipal solid to evaluate, and issue a final decision on, a colleagues to support it on a bipartisan waste, or from a hydropower project.’’. completed application for a license under basis. (c) PRELIMINARY PERMITS.—Section 5 of the this part. Mr. RUSH. Will the gentleman yield? Federal Power Act (16 U.S.C. 798) is amend- ‘‘(2) NEGOTIATED RULEMAKING COMMITTEE.— Mr. JENKINS of West Virginia. I ed— The negotiated rulemaking committee es- yield to the gentleman from Illinois. (1) in subsection (a), by striking ‘‘three’’ tablished pursuant to the negotiated rule- making process entered into under para- Mr. RUSH. Mr. Chairman, the minor- and inserting ‘‘4’’; and (2) by amending subsection (b) to read as graph (1) shall include representatives of ity is prepared to support this amend- follows: State and Indian tribal governments, and ment. ‘‘(b) The Commission may— other stakeholders who will be significantly Mr. JENKINS of West Virginia. Mr. ‘‘(1) extend the period of a preliminary per- affected by a rule issued under this sub- Chairman, I thank the minority very mit once for not more than 4 additional section. much for their support on this and, years beyond the 4 years permitted by sub- ‘‘(3) DEADLINES.— again, to the chair, for his leadership section (a) if the Commission finds that the ‘‘(A) PROPOSED RULE.—Not later than 2 on this effort. permittee has carried out activities under years after the date of enactment of this sec- tion, the Commission shall publish a pro- Mr. Chairman, let me close by thank- such permit in good faith and with reason- able diligence; and posed rule resulting from the negotiated ing specifically a couple of individuals: ‘‘(2) if the period of a preliminary permit is rulemaking under this subsection. Jim Price, who has been integrally extended under paragraph (1), extend the pe- ‘‘(B) FINAL RULE.—Not later than 3 years related and involved with this project riod of such preliminary permit once for not after the date of enactment of this section, from its inception, and I appreciate his more than 4 additional years beyond the ex- the Commission shall publish a final rule re- leadership so much. tension period granted under paragraph (1), sulting from the negotiated rulemaking Enel Green Power North America, if the Commission determines that there are under this subsection. the operator and developer on this extraordinary circumstances that warrant ‘‘(4) ELEMENTS OF RULE.—In publishing a project. I thank them for their efforts. such additional extension.’’. rule under this subsection, the Commission (d) TIME LIMIT FOR CONSTRUCTION OF shall ensure that— Also, the mayor of the city of Sum- PROJECT WORKS.—Section 13 of the Federal ‘‘(A) the rule includes a description of the mersville, Robert Shafer. I thank Bob Power Act (16 U.S.C. 806) is amended in the Commission’s responsibility as the lead Shafer for his incredible support and second sentence by striking ‘‘once but not agency in coordinating Federal authoriza- leadership in the city of Summersville. longer than two additional years’’ and in- tions;

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.059 H08NOPT1 H8636 CONGRESSIONAL RECORD — HOUSE November 8, 2017 ‘‘(B) the rule includes a process for devel- ordination Act, the Endangered Species Act ‘‘(3) The Commission ensures, in accord- opment of a schedule for the review and dis- of 1973, section 14 of the Act of March 3, 1899 ance with section 7 of the Endangered Spe- position of a completed application for a li- (commonly known as the Rivers and Harbors cies Act of 1973 (16 U.S.C. 1536), that the cense under this part; Appropriation Act of 1899), the Coastal Zone change to the project will not result in the ‘‘(C) each schedule developed pursuant to Management Act of 1972, the Magnuson-Ste- destruction or modification of critical habi- such process shall— vens Fishery Conservation and Management tat. ‘‘(i) include deadlines for actions on the ap- Act, and those provisions in subtitle III of ‘‘(4) The change to the project is consistent plicable completed application— title 54, United States Code, commonly with any applicable comprehensive plan ‘‘(I) that are consistent with the duties of known as the National Historic Preservation under section 10(a). each agency under this Act and under appli- Act) with respect to an application for a li- ‘‘(5) The change to the project is unlikely cable State, tribal, and other Federal laws; cense under this part; or to adversely affect water quality and water and ‘‘(3) abrogates, diminishes, or otherwise af- supply, as determined in consultation with ‘‘(II) by— fects any treaty or other right of any Indian any applicable State or Indian tribe. ‘‘(aa) each Federal agency responsible for a tribe. ‘‘(6) Any adverse environmental effects re- Federal authorization; ‘‘SEC. 35. LICENSING STUDY IMPROVEMENTS. sulting from the change to the project will be insignificant. ‘‘(bb) each State agency, local government, ‘‘(a) IN GENERAL.—To facilitate the timely ‘‘(c) WORKSHOPS AND PILOTS.—The Commis- or Indian tribe that may consider an aspect and efficient completion of the license pro- sion shall— of an application for a Federal authorization ceedings under this part, the Commission ‘‘(1) not later than 60 days after the date of or is responsible for conducting any separate shall, in consultation with applicable Fed- enactment of this section, hold an initial permitting and environmental reviews of the eral and State agencies and interested mem- workshop to solicit public comment and rec- applicable project; bers of the public— ommendations on how to implement an expe- ‘‘(cc) the applicant; ‘‘(1) compile current and accepted best dited license amendment process for quali- ‘‘(dd) the Commission; and practices in performing studies required in fying project upgrades; ‘‘(ee) other participants in a license pro- such license proceedings, including meth- ‘‘(2) evaluate pending applications for an ceeding; odologies and the design of studies to assess amendment to an existing license of a ‘‘(ii) facilitate the identification and com- the full range of environmental impacts of a project for a qualifying project upgrade that pletion of Federal, State, and tribal agency- project that reflect the most recent peer-re- may benefit from an expedited license requested studies, reviews, and any other viewed science; amendment process; procedures required to be conducted prior to, ‘‘(2) compile a comprehensive collection of ‘‘(3) not later than 180 days after the date or concurrent with, the preparation of the studies and data accessible to the public that of enactment of this section, identify and so- Commission’s environmental review required could be used to inform license proceedings licit participation by project developers in, under the National Environmental Policy under this part; and and begin implementation of, a 3-year pilot Act of 1969 (42 U.S.C. 4321 et seq.), to the ex- ‘‘(3) encourage license applicants, agencies, program to evaluate the feasibility and util- tent practicable; and and Indian tribes to develop and use, for the ity of an expedited license amendment proc- ‘‘(iii) provide for a final decision on the ap- purpose of fostering timely and efficient con- ess for qualifying project upgrades; and plicable completed application to be made by sideration of license applications, a limited ‘‘(4) not later than 3 months after the end not later than 3 years after the date on number of open-source methodologies and of the 3-year pilot program under paragraph which the Commission receives such com- tools applicable across a wide array of (3), hold a final workshop to solicit public pleted application; projects, including water balance models and comment on the expedited license amend- ‘‘(D) the rule includes a mechanism for re- streamflow analyses. ment process. solving issues of concern that may delay the ‘‘(b) USE OF STUDIES.—To the extent prac- ‘‘(d) MEMORANDUM OF UNDERSTANDING.— completion of a license application or review ticable, the Commission and other Federal, of a completed application; The Commission shall, to the extent prac- State, and local government agencies and In- ticable, enter into a memorandum of under- ‘‘(E) the rule includes a definition of a dian tribes considering an aspect of an appli- completed application; and standing with any applicable Federal, State, cation for Federal authorization (as defined or tribal agency to implement the pilot pro- ‘‘(F) the rule provides for an opportunity in section 34) shall use relevant, existing gram described in subsection (c). for public notice and comment on— studies and data and avoid duplicating such ‘‘(e) REPORTS.—Not later than 3 months ‘‘(i) a completed application; and studies that are applicable to the project. after the date of the final workshop held pur- ‘‘(ii) the schedule developed for the review Studies repeated for the purpose of charac- suant to subsection (c)(4), the Commission and disposition of the application. terizing seasonal or annual variation of a shall submit to the Committee on Energy ‘‘(d) APPLICATION PROCESSING.—The Com- relevant characteristic or resource shall not and Commerce of the House of Representa- mission, Federal, State, and local govern- be considered duplicative. tives and the Committee on Energy and Nat- ment agencies, and Indian tribes may allow ural Resources of the Senate a report that an applicant seeking a Federal authorization ‘‘SEC. 36. EVALUATION OF EXPEDITED LICENSING FOR QUALIFYING PROJECT UP- includes— to fund a third-party contractor selected by GRADES. ‘‘(1) a summary of the public comments re- such an agency or tribe to assist in review- ‘‘(a) DEFINITIONS.—In this section: ceived as part of the initial workshop held ing the application. All costs of an agency or ‘‘(1) EXPEDITED LICENSE AMENDMENT PROC- under subsection (c)(1); tribe incurred pursuant to direct funding by ESS.—The term ‘expedited license amend- ‘‘(2) a summary of the public comments re- the applicant, including all costs associated with the third party contractor, shall not be ment process’ means an expedited process for ceived as part of the final workshop held considered costs of the United States for the issuing an amendment to an existing license under subsection (c)(4); administration of this part under section issued under this part for a project. ‘‘(3) a description of the expedited license 10(e). ‘‘(2) QUALIFYING PROJECT UPGRADE.—The amendment process for qualifying project ‘‘(e) ISSUE RESOLUTION.—The Commission term ‘qualifying project upgrade’ means a upgrades evaluated under the pilot program, may forward any issue of concern that has change— including— delayed either the completion of the applica- ‘‘(A) to a project; and ‘‘(A) a description of the procedures or re- tion or the issuance of a license for a com- ‘‘(B) that meets the criteria under sub- quirements that were waived under the expe- pleted application beyond the deadline set section (b). dited license amendment process; forth in the schedule established under the ‘‘(b) IN GENERAL.—To improve the regu- ‘‘(B) a comparison between— final rule published under subsection (c) to latory process and reduce the time and cost ‘‘(i) the average amount of time required the heads of the relevant State, Federal, or of making upgrades to existing projects, the to complete the licensing process for an Indian tribal agencies for resolution. If the Commission shall investigate the feasibility amendment to a license under the expedited Commission forwards an issue of concern to of implementing an expedited license amend- license amendment process tested under the the head of a relevant agency, the Commis- ment process for a change to a project that pilot program; and sion and the relevant agency shall enter into meets the following criteria: ‘‘(ii) the average amount of time required a memorandum of understanding to facili- ‘‘(1) The change to the project— to complete the licensing process for a simi- tate interagency coordination and resolution ‘‘(A) is limited to the power house equip- lar amendment to a license under current of the issue of concern, as appropriate. ment of the project; or Commission processes; ‘‘(f) NO EFFECT ON OTHER LAWS.—Nothing ‘‘(B) will result in environmental protec- ‘‘(4) the number of requests received by the in this section— tion, mitigation, or enhancement measures Commission to participate in the expedited ‘‘(1) expands or limits the application of to benefit fish and wildlife resources or other license amendment process for qualifying any power or authority vested in an agency, natural or cultural resources. project upgrades; State, or Indian tribe by any applicable law ‘‘(2) The change to the project is unlikely ‘‘(5) a description of changes to Commis- or regulation; to adversely affect any species listed as sion rules required to create and standardize ‘‘(2) shall be construed to affect any re- threatened or endangered under the Endan- an expedited license amendment process for quirements of State, tribal, or other Federal gered Species Act of 1973 (16 U.S.C. 1531 et qualifying project upgrades; law (including under the Federal Water Pol- seq.), as determined by the Secretary of the ‘‘(6) a description of factors that prevented lution Control Act, the Fish and Wildlife Co- Interior. any participant in the pilot program from

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.033 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8637 completing the expedited license amendment (A) studies for individual projects in the SEC. 6. HYDROELECTRIC PRODUCTION INCEN- process in the expedited time frame. group, as necessary; and TIVES AND EFFICIENCY IMPROVE- ‘‘(f) IMPLEMENTATION.—If the Commission (B) relevant watershed-wide studies for MENTS. determines, based upon the workshops and purposes of the consolidated licensing proc- (a) HYDROELECTRIC PRODUCTION INCEN- results of the pilot program under subsection ess under the pilot program established TIVES.—Section 242 of the Energy Policy Act (c), that an expedited license amendment under subsection (c) that will be applicable of 2005 (42 U.S.C. 15881) is amended— process will reduce the time and costs for to each project in the group; and (1) in subsection (c), by striking ‘‘10’’ and issuing amendments to licenses for quali- (2) to align the terms of the existing li- inserting ‘‘20’’; fying project upgrades, the Commission shall censes such that they expire on the same (2) in subsection (f), by striking ‘‘20’’ and revise its policies and regulations, in accord- date. inserting ‘‘30’’; and ance with applicable law, to establish an ex- (g) MEMORANDUM OF UNDERSTANDING.—The (3) in subsection (g), by striking ‘‘each of pedited license amendment process. Commission shall, to the extent practicable, the fiscal years 2006 through 2015’’ and in- ‘‘(g) PUBLIC INPUT.—In carrying out sub- enter into a memorandum of understanding serting ‘‘each of fiscal years 2017 through section (f), the Commission shall solicit and with any applicable Federal or State agency 2026’’. consider public comments before finalizing or Indian tribe to implement the pilot pro- (b) HYDROELECTRIC EFFICIENCY IMPROVE- any change to policies or regulations.’’. gram established under subsection (c). MENT.—Section 243(c) of the Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended by SEC. 4. PILOT PROGRAM FOR CONSOLIDATED LI- (h) INITIAL REPORT.—Not later than 3 CENSING PROCESS FOR INTRA-WA- months after the date of the initial work- striking ‘‘each of the fiscal years 2006 TERSHED PROJECTS. shop held pursuant to subsection (b), the through 2015’’ and inserting ‘‘each of fiscal (a) DEFINITIONS.—In this section: Commission shall submit to the Committee years 2017 through 2026’’.’’. (1) COMMISSION.—The term ‘‘Commission’’ on Energy and Commerce of the House of SEC. 7. TECHNICAL AMENDMENTS. means the Federal Energy Regulatory Com- Representatives and the Committee on En- (a) ALTERNATIVE CONDITIONS.—Section mission. ergy and Natural Resources of the Senate a 33(a)(2)(B) of the Federal Power Act (16 (2) PROJECT.—The term ‘‘project’’ has the report that includes— U.S.C. 823d(a)(2)(B)) is amended, in the mat- meaning given such term in section 3 of the (1) a summary of the public comments re- ter preceding clause (i), by inserting Federal Power Act (16 U.S.C. 796). ceived as part of such initial workshop; and ‘‘deemed necessary’’ before ‘‘by the Sec- (b) INITIAL WORKSHOP.—Not later than 3 (2) a preliminary plan for identifying and retary’’. (b) LICENSES.—Section 4(e) of the Federal months after the date of enactment of this soliciting participants in the pilot program Act, the Commission shall hold a workshop Power Act (16 U.S.C. 797(e)) is amended by established under subsection (c). striking ‘‘adequate protection and utiliza- to solicit public comment and recommenda- (i) INTERIM REPORT.—Not later than 4 years tion of such reservation’’ and all that follows tions on how to implement a pilot program after the establishment of the pilot program through ‘‘That no license affecting the navi- described in subsection (c). under subsection (c), the Commission shall gable capacity’’ and inserting ‘‘adequate pro- (c) ESTABLISHMENT OF PILOT PROGRAM.— submit to the Committee on Energy and tection and utilization of such reservation. The Commission shall establish a voluntary Commerce of the House of Representatives The license applicant and any party to the pilot program to enable the Commission to and the Committee on Energy and Natural proceeding shall be entitled to a determina- consider multiple projects together in a con- Resources of the Senate a report that in- tion on the record, after opportunity for an solidated licensing process in order to issue a cludes— agency trial-type hearing of no more than 90 license under part I of the Federal Power Act (1) a description of the status of the pilot days, on any disputed issues of material fact (16 U.S.C. 792 et seq.) for each such project. program, including a description of the indi- with respect to such conditions. All disputed (d) CANDIDATE PROJECT IDENTIFICATION.— vidual projects that are participating in the issues of material fact raised by any party Not later than 1 year after the date of enact- pilot program and the watersheds in which shall be determined in a single trial-type ment of this Act, the Commission, in con- such projects are located; or hearing to be conducted by the relevant re- sultation with the head of any applicable (2) if no projects are participating in the source agency in accordance with the regula- Federal or State agency or Indian tribe and pilot program, a summary of any barriers tions promulgated under this subsection and licensees, shall identify and solicit candidate the Commission has identified to proceeding within the time frame established by the projects to participate in the pilot program with the pilot program and the reasons pro- Commission for each license proceeding. established under subsection (c). In order to vided by potential participants for their Within 90 days of the date of enactment of participate in such pilot program a project preference for using an individual license the Energy Policy Act of 2005, the Secre- shall meet the following criteria: process. taries of the Interior, Commerce, and Agri- (1) The current license for the project ex- SEC. 5. INTERAGENCY COMMUNICATIONS AND culture shall establish jointly, by rule, the pires between 2019 and 2029 or the project is COOPERATION. procedures for such expedited trial-type not licensed under part I of the Federal Part I of the Federal Power Act (16 U.S.C. hearing, including the opportunity to under- Power Act (16 U.S.C. 792 et seq.). 792 et seq.) is further amended by adding at take discovery and cross-examine witnesses, (2) The project is located within the same the end the following new section: in consultation with the Federal Energy watershed as other projects that are eligible ‘‘SEC. 37. INTERAGENCY COMMUNICATIONS AND Regulatory Commission: Provided further, to participate in the pilot program. COOPERATION. That no license affecting the navigable ca- (3) The project is located in sufficiently ‘‘(a) EX PARTE COMMUNICATIONS.—Inter- pacity’’. close proximity and has environmental con- agency communications relating to the prep- SEC. 8. IMPROVING CONSULTATION WITH INDIAN ditions that are sufficiently similar to other aration of environmental documents under TRIBES. projects that are eligible to participate in the National Environmental Policy Act of (a) GUIDANCE DOCUMENT.— the pilot program so that watershed-wide 1969 (42 U.S.C. 4321 et seq.) with respect to an (1) IN GENERAL.—Not later than one year studies and information may be developed, application for a license under this part, or after the date of enactment of this Act, the thereby significantly reducing the need for, to the licensing process for a license under Federal Energy Regulatory Commission and and scope of, individual project-level studies this part, shall not be considered to be ex the Secretary of the Interior shall prepare, and information. parte communications under Commission in consultation with interested Indian tribes, (e) DESIGNATION OF INDIVIDUAL PROJECTS AS rules. licensees under part I of the Federal Power A SINGLE GROUP.—The Commission may des- ‘‘(b) PARTICIPATION IN PROCEEDINGS.—Inter- Act, and the public, a guidance document ignate a group of projects to be considered agency cooperation, at any time, in the prep- that identifies best practices for the Com- together in a consolidated licensing process aration of environmental documents under mission, Federal and State resource agen- under the pilot program established under the National Environmental Policy Act of cies, Indian tribes, and applicants for li- subsection (c). The Commission may des- 1969 (42 U.S.C. 4321 et seq.) with respect to an censes under part I of the Federal Power Act ignate such a group only if each licensee (or application for a license under this part, or for effective engagement of Indian tribes in applicant) for a project in the group, on a in the licensing process for a license under the consideration of applications for licenses voluntary basis and in writing, agrees— this part, shall not preclude an agency from under part I of the Federal Power Act that (1) to participate in the pilot program; and participating in a licensing proceeding under may affect an Indian reservation, a treaty, (2) to a cost-sharing arrangement with this part. or other right of an Indian tribe. other licensees (or applicants) and applicable ‘‘(c) SEPARATION OF STAFF.—Notwith- (2) UPDATES.—The Commission and Sec- Federal and State agencies with respect to standing subsection (a), to the extent the retary shall update the guidance document the conduct of watershed-wide studies to be Commission determines necessary, the Com- prepared under paragraph (1) every 10 years. considered in support of the license applica- mission may require Federal and State agen- (3) PUBLIC PARTICIPATION.—In preparing or tions for the group of projects. cies participating as cooperating agencies updating the guidance document, the Com- (f) PROJECT LICENSE TERMS.—The Commis- under the National Environmental Policy mission and the Secretary shall convene pub- sion may change the term of any existing li- Act of 1969 (42 U.S.C. 4321 et seq.) to dem- lic meetings at different locations in the cense for an individual licensee in a group onstrate a separation of staff that are co- United States, and shall provide an oppor- designated under subsection (e) by up to 5 operating with the Commission with respect tunity for written public comments. years— to a proceeding under this part from staff (b) PUBLIC WORKSHOPS.— (1) to provide sufficient time to develop a that may participate in an intervention in (1) IN GENERAL.—Not later than one year consolidated study plan for— the applicable proceeding.’’. after preparing or updating the guidance

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.033 H08NOPT1 H8638 CONGRESSIONAL RECORD — HOUSE November 8, 2017 document under subsection (a), the Commis- (E) by striking ‘‘available to the Secretary and remedying the cultural disconnection to sion shall convene public workshops, held at and relevant to the Secretary’s decision’’ the Pend Oreille River. The Federal Power different locations in the United States, to and inserting ‘‘available to the Secretary or Act (‘‘FPA’’) offers the Tribe its most potent inform and educate Commission staff, Fed- Indian tribe and relevant to the decision of tool in achieving these objectives. No other eral and State resource agencies, Indian the Secretary or Indian tribe’’; and federal statute affords the same degree of tribes, applicants for licenses under part I of (5) in paragraph (5)— protection to the tribal nations whose res- the Federal Power Act, and interested mem- (A) by striking ‘‘Secretary’s final condi- ervations are occupied by a Federal Energy bers of the public, on the best practices iden- tion’’ and inserting ‘‘final condition of the Regulatory Commission (‘‘FERC’’)-licensed tified in the guidance document. Secretary or Indian tribe’’; hydroelectric project. (2) CONSULTATION.—In preparing the agen- (B) by inserting ‘‘or Indian tribe’’ after da for such workshops, the Commission shall ‘‘consult with the Secretary’’; Section 4 (e) of the FPA authorizes the consult with the Secretary of the Interior, (C) by inserting ‘‘or Indian tribe’’ before Secretary of the Interior to develop manda- interested Indian tribes, and licensees under ‘‘may accept the Dispute Resolution’’; tory conditions for the approval of FERC li- part I of the Federal Power Act. (D) by inserting ‘‘or Indian tribe’’ after censes that impact Indian reservations. In SEC. 9. TRIBAL MANDATORY CONDITIONS. ‘‘advisory unless the Secretary’’; our case, these conditions are the only way (a) IN GENERAL.—Section 4 of the Federal (E) by inserting ‘‘or Indian tribe’’ before to mitigate longstanding and otherwise Power Act (16 U.S.C. 797) is amended— ‘‘shall submit the advisory and’’; and unaddressed environmental and cultural im- (1) in subsection (e), in the first proviso, by (F) by striking ‘‘Secretary’s final written pacts caused by FERC-licensed projects. The inserting ‘‘, or, in the case of tribal land, determination’’ and inserting ‘‘final written Pend Oreille Basin will be the recipient of subject to subsection (h), the Indian tribe determination of the Secretary or Indian significant conservation investments to re- having jurisdiction over the tribal land,’’ tribe’’. store connectivity and other habitat charac- after ‘‘under whose supervision such reserva- SEC. 10. CONSIDERATION OF INVASIVE SPECIES. teristics that make those projects consistent tion falls’’; and Section 18 of the Federal Power Act (16 with the purposes of the Kalispel Indian Res- (2) by adding at the end the following: U.S.C. 811) is amended by inserting after ervation because of the 4(e) conditions and ‘‘(h) TRIBAL MANDATORY CONDITIONS.— ‘‘the Secretary of Commerce.’’ the following: Section 18 fishway prescriptions in the Box ‘‘(1) CRITERIA.—An Indian tribe may deem ‘‘In prescribing a fishway, the Secretary of Canyon and Boundary FERC licenses. This conditions necessary under the first proviso Commerce or the Secretary of the Interior, conditioning authority also makes it much as appropriate, shall consider the threat of of subsection (e) only if the Secretary of the more difficult for hydroelectric projects to Interior (referred to in this subsection as the invasive species.’’. further flood Indian lands, which is a recur- ‘Secretary’) determines that the Indian tribe The Acting CHAIR. Pursuant to ring problem across the United States. has— House Resolution 607, the gentleman ‘‘(A) confirmed the intent of the Indian H.R. 3043 does not improve the federal hy- from Illinois (Mr. RUSH) and a Member tribe to deem conditions necessary under the dropower licensing process, but instead first proviso of subsection (e) by resolution opposed each will control 5 minutes. weakens its protections for impacted tribal or other official action by the governing The Chair recognizes the gentleman nations. H.R. 3043 detrimentally impacts the body of the Indian tribe; from Illinois. Section 4(e) conditioning regime and under- ‘‘(B) demonstrated financial stability and Mr. RUSH. Mr. Chairman, I include mines its effectiveness in protecting Indian financial management capability over the 3- in the RECORD letters of opposition to Country. H.R. 3043 would overturn the D.C. fiscal-year period preceding the date of the H.R. 3043. Circuit Court of Appeals decisions in Tacoma determination of the Secretary under this KALISPEL TRIBE OF INDIANS, v. FERC, which held that the Department of paragraph; and Usk, WA, November 8, 2017. the Interior has mandatory authority to de- ‘‘(C) demonstrated the ability to plan, con- Re Opposition to H.R. 3043, the Hydropower velop appropriate conditions to protect In- duct, and administer all services, functions, Policy Modernization Acts. dian reservations under the FPA and that and activities that would otherwise be ad- FERC has no authority to reject these condi- ministered by the Secretary with respect to Hon. GREG WALDEN, Chairman, House Energy and Commerce Com- tions because Interior did not meet FERC’s deeming conditions necessary on tribal land mittee, Washington, DC. truncated schedule. H.R. 3043 would force the under the first proviso of subsection (e). Hon. FRANK PALLONE, Department of the Interior to comply with ‘‘(2) DETERMINATION ON REQUEST.—On re- Ranking Member, House Energy and Commerce FERC’s schedule. This change will impair quest of an Indian tribe, not later than 1 Committee, Washington, DC. year after the date on which the Secretary the Department of the Interior’s ability to DEAR CHAIRMAN WALDEN AND RANKING receives the request, the Secretary shall fully examine each project and if it misses a MEMBER PALLONE: On behalf of the Kalispel deadline, tribal interests will not be consid- make the determination under paragraph (1). Tribe of Indians, we write to once again ‘‘(3) WITHDRAWAL OF DETERMINATION.— ered until the next relicensing, often fifty voice our opposition to H.R. 3043, the Hydro- years later. ‘‘(A) IN GENERAL.—Subject to subparagraph power Policy Modernization Act. As stated (B), if the Secretary determines that an In- by Kalispel Vice Chairman Raymond Pierre H.R. 3043 would empower FERC to deter- dian tribe no longer meets the criteria under during testimony before the House Natural mine the scope of the environmental review paragraph (1), the Secretary may withdraw Resources Committee in April, H.R. 3043 goes for 4(e) conditions. This change creates a the determination under paragraph (2). much too far in trying to address inefficien- new burden for FERC in an area in which it ‘‘(B) NOTICE AND OPPORTUNITY TO RE- cies in the federal hydropower licensing lacks expertise. It also would require the De- SPOND.—Before withdrawing a determination process and will create more problems than partment of the Interior to consider the bal- under subparagraph (A), the Secretary shall it resolves. If enacted, H.R. 3043 will allow ance of energy production against its trust provide to the Indian tribe— hydropower operations to undermine the responsibility to Indian lands. Interior’s only ‘‘(i) notice of the proposed withdrawal; and purposes of Indian reservations and destroy interest in the current process is the protec- ‘‘(ii) an opportunity to respond and, if nec- with impunity tribal trust resources. We re- tion of Indian lands and that should remain essary, redress the deficiencies identified by spectfully call on you to oppose this legisla- its focus—it is not an arm of FERC. the Secretary.’’. tion. (b) ALTERNATIVE CONDITIONS.—Section The Kalispel Tribe resides on a 5,000-acre Finally, H.R. 3043 would overturn the Su- 33(a) of the Federal Power Act (16 U.S.C. reservation on the Pend Oreille River in preme Court’s decision in Escondido v. 823d(a)) is amended— northeast Washington. Our reservation was FERC, 466 U.S. 765 (1984) by giving FERC the (1) in paragraph (1), by inserting ‘‘or an In- created to provide our people with a perma- authority to make a determination that a dian tribe’’ before ‘‘deems a condition’’; nent home, including the ability to use our 4(e) condition or fishway prescription is in- (2) in paragraph (2), by inserting ‘‘or Indian river and its resources like we have since consistent with the FPA. This fundamen- tribe’’ after ‘‘the Secretary’’ each place it time immemorial. This purpose has been un- tally changes the FPA and undermines the appears; dermined by the construction and operation Department of the Interior’s ability to pro- (3) in paragraph (3), by inserting ‘‘or Indian of the Albeni Falls, Box Canyon, and Bound- tect Indian lands and tribal resources. tribe’’ after ‘‘the Secretary’’ each place it ary hydropower projects on the Pend Oreille appears; River. The Box Canyon Reservoir flooded ten The Kalispel Tribe urges the House of Rep- (4) in paragraph (4)— percent of our reservation. In addition, these resentatives to reject H.R. 3043. The bill ele- (A) by inserting ‘‘or Indian tribe’’ before facilities have combined to transform our vates hydropower interests at the expense of ‘‘concerned shall submit’’; free-flowing river into a fragmented system tribal rights. If this bill is enacted the (B) by inserting ‘‘or Indian tribe’’ before of reservoirs in which native fish struggle to Kalispel Tribe will suffer so that hydropower ‘‘gave equal consideration’’; survive while invasive species thrive. Many licensing may proceed without protecting (C) by inserting ‘‘or Indian tribe’’ after Kalispel no longer trust or use the river be- tribal lands and trust resources. ‘‘may be available to the Secretary’’; cause of its altered ecology. Sincerely, (D) by inserting ‘‘or Indian tribe’’ before One of the Tribe’s highest priorities is lim- GLEN NENEMA, ‘‘shall also submit,’’; and iting any additional loss of reservation lands Chairman, Kalispel Tribe of Indians.

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.033 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8639

HOUSE OF REPRESENTATIVES, Thank you for your attention and consider- have any additional questions, do not hesi- COMMITTEE ON ENERGY AND COMMERCE, ation. tate to contact us. Washington, DC, April 27, 2017. Sincerely, Sincerely, Hon. GREG WALDEN, Frank Pallone, Jr., Ranking Member, ALEXANDRA DUNN, Chairman, Committee on Energy and Commerce, Committee on Energy and Commerce; Executive Director, Washington, DC. Bobby L. Rush, Ranking Member, Sub- ECOS. Hon. FRED UPTON, committee on Energy; Jerry McNer- JULIA ANASTASIO, Chairman, Subcommittee on Energy, ney, Member of Congress; Scott Peters, Executive Director, Washington, DC. Member of Congress; Gene Green, Mem- ACWA. ber of Congress; Michael F. Doyle, JEANNE CHRISTIE, DEAR CHAIRMAN WALDEN AND CHAIRMAN Member of Congress; Kathy Castor, Executive Director, UPTON: As Members of the Subcommittee on Energy with strong interest in facilitating Member of Congress; John P. Sarbanes, ASWM. improvements in hydropower operations, de- Member of Congress; Peter Welch, MARYLAND DEPARTMENT OF velopment, and licensing, we write to urge Member of Congress; Paul Tonko, THE ENVIRONMENT, you to schedule another hearing on this crit- Ranking Member, Subcommittee on ical topic. We believe a hearing with rep- Environment; Dave Loebsack, Member Baltimore, MD, August 14, 2017. Hon. PAUL RYAN, resentatives of states, resource agencies, and of Congress; Joseph P. Kennedy III, Native American Tribes is vital to having a Member of Congress; G.K. Butterfield, Speaker, House of Representatives, Washington, full understanding of how the 2005 hydro- Member of Congress. DC. Hon. NANCY PELOSI, power license process reforms are working and what changes may be necessary to fur- OCTOBER 5, 2017. Minority Leader, House of Representatives, ther improve the licensing and relicensing Hon. PAUL RYAN, Washington, DC. DEAR SPEAKER RYAN AND MINORITY LEADER process to reduce delays and costs for all Speaker, House of Representatives, Washington, PELOSI: The State of Maryland (‘‘Maryland’’) parties involved. DC. Hon. NANCY PELOSI, provides the following comments on the Hydroelectric power provides substantial, Minority Leader, House of Representatives, House of Representatives Bill 3043 (H.R. virtually carbon-free, baseload energy at low Washington, DC. 3043)—Hydropower Policy Modernization Act cost to our manufacturing sector and to resi- DEAR SPEAKER RYAN AND MINORITY LEADER of 2017. Although Maryland generally wel- dential and commercial consumers. It is an comes reforms that streamline the Federal PELOSI: We are writing you on behalf of the important asset that we believe is essential members of The Association of Clean Water Energy Regulatory Commission (FERC) li- to maintain. Administrators (ACWA), Environmental censing process, Maryland strenuously op- At the same time, however, it is clear that Council of States (ECOS), and The Associa- poses any provisions in H.R. 3043 that would while hydroelectric generation is essentially tion of State Wetland Managers (ASWM) to have the effect of curtailing State authority free of air emissions relative to fossil genera- express our concern with provisions of H.R. under Section 401 of the Clean Water Act to establish license conditions to protect water tion, it is not impact-free. Absent mitiga- 3043—Hydropower Policy Modernization Act quality. Several provisions of H.R. 3043 es- tion, hydropower has major negative impacts of 2017. If enacted as written, the draft bill sentially serve to constrain state agencies on fish and wildlife populations, water qual- would modify Federal Energy Regulatory use of their independent authorities, making ity and other important physical and cul- Commission (FERC) licensing requirements it more difficult to protect water quality. tural resources, particularly if it is poorly under the Federal Power Act, and may con- States serve an essential role in the FERC operated or sited. In addition, increased de- flict with the states’ authority under Sec- hydropower licensing process when they re- mands for water creates significant chal- tion 401 of the Clean Water Act to protect view applications under Section 401 of the lenges of water supply management in some water quality and provide critical input on Clean Water Act in order to determine regions. All of these competing interests federal dredge and fill permits to wetlands whether the construction and/or operation of must be balanced in issuing a license. The and other waters under § 404. the facility will meet state water quality Federal Power Act (FPA) respects states’ au- Under the CWA and a state’s own laws and standards and requirements. These reviews thorities to manage water resources accord- regulations, states are responsible for ad- often result in applicants conducting addi- ing to state laws allocating water rights. vancing the attainment of clean and healthy tional scientific studies and states putting in And, the FPA authorizes states and federal waters. Section 401 of the CWA requires place requirements (conditions) to ensure natural resource agencies to place conditions states to certify that projects impacting that State water quality standards and re- on hydroelectric licenses to preserve water navigable waters will comply with applicable quirement are met. These types of conditions quality, protect public lands and Native water quality standards and other state re- are essential for ensuring that existing and American reservations, and ensure proper quirements. Additionally, 401 certification is new hydropower projects are built and oper- fish passage to preserve healthy ecosystems required for federal dredge and fill permits ated in a manner that is consistent with and fisheries. to wetlands and other waters under Section state and federal environmental laws and are We were very encouraged by the substance 404. Under this framework, states and per- protective of the environment. These condi- and tone of the Subcommittee’s March 15, mittees have efficiently been able to balance tions then become conditions of the FERC li- 2017 hearing entitled ‘‘Modernizing Energy certification of hydropower facilities while cense. Infrastructure: Challenges and Opportunities ensuring that water quality standards are H.R. 3043 designates FERC as the lead to Expanding Hydropower Generation.’’ The met initially or through remedial actions. agency over federal authorizations related to comments and contributions from witnesses By weakening § 401 authority, H.R. 3043 an application for a license, license amend- and Members on both sides of the aisle were would harm the ability of the governmental ment, or exemption for a hydropower constructive, measured, and thoughtful, entity with primary responsibility for water project. This bill requires states to meet leading us to believe that great potential ex- quality protection. deadlines established by FERC in a schedule ists to develop legislation to improve the Additionally, H.R. 3043 places FERC in that FERC develops for the licensing action. process for licensing hydroelectric genera- control of permitting timetables and limits Further, this bill places limits on FERC’s tion and pumped storage in this country. time extensions. This could restrict states’ ability to easily grant extensions to the abilities to gather necessary data and sci- deadlines. As the lead agency, FERC would However, the hearing provided an incom- entific studies for permitting, which are cru- establish and control the timeline for the hy- plete record with regard to the process of hy- cial to reaching collaborative, science-based dropower licensing process and it appears droelectric licensing. In order to move for- conclusions. Rushing scientific studies and that H.R. 3043 gives FERC the authority to ward on considering any legislative changes data gathering would result in federal agen- create a schedule that would reduce the to current law in a knowledgeable manner, cies making regulatory decisions without amount of time a state would have to get the Committee must hear from those who sufficient technical information, and may necessary scientific studies completed and to propose the conditions included in licenses: lead to litigation and less effective oversight assess whether water quality standards and states, federal resource agencies, and Native of hydropower facilities. requirements will be met as required under American Tribes. Each of these entities has H.R. 3043 needlessly impairs state author- Section 401 of the Clean Water Act. Further, a unique role in the licensing process stem- ity granted under the CWA, and undermines not only does this legislation likely place ming from its equally unique responsibility ‘‘cooperative federalism,’’ a core principle of pressure on states to complete their water for overseeing water rights and managing the Act and the Administration’s approach quality reviews more quickly using existing the many demands on a river and its use. to environmental law. The bill will not im- information, it also provides applicants with Neither power generation, nor any other sin- prove permitting efficiency, and will likely an entitlement to a trial-type hearing before gle use of a river, should dominate the deci- result in water quality standards being even a FERC Administrative Law Judge whenever sion making process. harder to achieve. ACWA, ECOS and ASWM there is a dispute of material fact. Moreover, We look forward to working with you on welcome the opportunity to discuss revisions this legislation declares the decision of the this matter and respectfully urge you to hold that would better preserve states’ rights FERC Administrative Law Judge to be final a second hearing with these witnesses prior under CWA Section 401 and ensure the pro- and not subject to further administrative re- to consideration of any legislative proposal. tection of state water resources. Should you view. This allowance for a trial-like hearing

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.049 H08NOPT1 H8640 CONGRESSIONAL RECORD — HOUSE November 8, 2017 combined with pressure to use existing MARK BELTON, b 1515 science and meet strict deadlines together Secretary, Maryland Mr. Chairman, my amendment pre- makes it even more challenging for states to Department of Nat- protect water quality. ural Resources. serves States’ and Tribal authorities by directing FERC and the Secretary Finally, applications for amendments to Mr. RUSH. Mr. Chairman, I rise in existing licenses which qualify as a project of the Interior to issue guidance on strong support of the Rush amendment ‘‘upgrade’’ (which is determined by FERC as best practices for engagement with In- in the nature of a substitute, and I urge to whether a proposed amendment qualifies dian Tribes in the hydropower licens- all of my colleagues to support it as as an upgrade) obtain even more expedited ing process. processing by FERC. In these cases, it ap- well. Mr. Chairman, we cannot allow in- pears that FERC would be the decision Mr. Chairman, hydropower is backed dustry profits to supersede the inter- maker, not the state, with regard to whether by Members on both sides of the aisle. ests of Native Tribes, States, and other the desired amendment to project operations We all support hydropower, but the important stakeholders. would affect water quality. process for how we license these Decades of federal court decisions inter- Mr. Chair, I yield back the balance of projects is far too important for us to preting Section 401 have established the my time. states’ authority to require conditions in get it wrong. Mr. UPTON. Mr. Chair, I claim the FERC licenses necessary to protect water While many Members on the minor- time in opposition to the amendment. quality. These decisions recognize and affirm ity side have objections to the under- The Acting CHAIR. The gentleman the basic principle of federalism embodied in lying bill, H.R. 3043, due to its negative from Michigan is recognized for 5 min- the Clean Water Act that states have the pri- impact on States’ rights and States’ utes. mary role and responsibility to ensure state prerogatives under the Clean Water Mr. UPTON. Mr. Chairman, I rise in water quality standards are met. Act, my substitute amendment ad- opposition to the amendment. I do so Maryland’s interest in protecting water dresses these issues in a more respon- quality is as important and relevant today with some hesitancy against my good as ever, particularly now as FERC considers sible way. friend, but I would say that this the relicensing of the Conowingo hydro- Mr. Chairman, H.R. 3043 will not amendment would strike and replace electric dam on the Susquehanna River in modernize or improve the hydropower the base tax with language that would Maryland. The Susquehanna River provides licensing process, but, rather, it simply add additional layers of red tape and approximately 50 percent of the fresh water places private profits for industry over bureaucracy already to the permitting to the Chesapeake Bay and is an important the public interest. process. driver of the Bay’s water quality. A joint Mr. Chairman, we certainly need a The bill itself, H.R. 3043, contains es- study funded by Maryland and the Army more balanced approach, such as the Corps of Engineers concluded that the Dam’s sential permitting and licensing re- one provided in my substitute amend- forms to ensure that renewable hydro- loss of capacity to trap sediment and associ- ment, which contains bipartisan provi- ated nitrogen and phosphorus pollution (nu- power remains an important part of trients) adversely affects the health of the sions that were included in the hydro- our all-of-the-above approach to en- Bay. The precise nature of the Dam’s adverse power package that both sides agreed ergy, something that many of us on impacts on the health of the Bay and the cir- to in a fit of bipartisanship last Decem- both sides of the aisle support. cumstances under which they occur are cur- ber in committee. We know that the permitting process rently the subject of additional study. What Mr. Chairman, my amendment con- has been broken. We have heard from is clear, however, is that any new FERC li- tains several provisions to improve the FERC over the years and project devel- cense for the Dam will have to contain ap- licensing process while also offering in- opers who have been stuck for more propriate conditions to address sediment and centives to the hydropower industry. associated nutrient transport and ensure than a decade because of bureaucratic This substitute contains a require- delays. that Maryland’s water quality standards are ment to set up a new licensing process, maintained. Without appropriate conditions We also know that we need to im- Maryland may not be able to meet its com- but, unlike H.R. 3043, it protects the prove coordination. There are lots of mitment to achieve EPA’s Total Maximum rights of Federal resource agencies, moving parts with multiple permits re- Daily Loads (‘‘TMDL’’) for the Bay. States, and Indian Tribes to impose quired and sometimes dozens of agen- In impairing the states’ primary roles and conditions in accordance with modern cies that are involved, but this bill, responsibilities under Section 401 to fashion environmental laws. H.R. 3043, brings transparency and pre- conditions in FERC licenses, H.R. 3043 rel- My substitute also amends the defini- egates the states—the entities with the dictability to the process by empow- tion of renewable energy to include all ering the State and Federal agencies to greatest interest and expertise in protecting hydropower, just as H.R. 3043 does; state water quality—to bystander or second- actually sit at the table with FERC to class status. Maryland strenuously objects however, it expands the goals for Fed- identify issues of concern and resolve to the provisions in H.R. 3043 that would eral purchasing of renewable power be- them before they result in unnecessary make it more difficult for Maryland to en- yond the 15 percent included in H.R. delay. sure water quality through the Clean Water 3043 as an objective, not a mandate. The bill, H.R. 3043, as we have said a Act Section 401 water quality certification Mr. Chairman, my amendment also number of times over the last hour, en- process. contains a ‘‘reward for early action’’ sures that States and Tribes are an in- Maryland’s concerns with the legislation’s provision that authorizes FERC to tegral part of that process. The word impact on the Conowingo hydroelectric dam take into account a licensee’s invest- relicensing process could be addressed by ‘‘consult’’ appears no less than a dozen making clear that nothing in the legislation ments made over the course of their li- times in the 30 pages. alters Section 401 of the Clean Water Act cense in order to improve the effi- Without these important changes to with regard to State authority, role, respon- ciency or environmental performance the law, States and Tribes may con- sibilities, process and timeline. Further, the of their hydropower facility when set- tinue to be left out of the important legislation should clearly indicate that state ting the term of their new license. decisions relating to hydropower li- actions associated with Section 401 require- Mr. Chairman, in testimony before censing. ments, including the assessment of water the Energy and Commerce Committee, Again, I remind my colleagues that quality standard achievement and resulting we heard, repeatedly, that a major this is a new provision that we added. conditions, are not eligible for a trial type cause for licensing delays was due to This wasn’t in the bill last year as we hearing by a FERC Administrative Law Judge for purposes of resolving disputes of incomplete applications that do not in- debated this title and approved it in material fact. Maryland urges that the pro- clude all the pertinent information committee and saw it move again on visions of H.R. 3043 that would have the ef- necessary to issue a decision. the Senate floor with a vote that, as I fect of curtailing State authority under Sec- While H.R. 3043 does nothing to ad- recall, was 92–8. tion 401 of the Clean Water Act be stricken dress this issue, my substitute does so The bill, H.R. 3043, strikes a careful from the bill. by directing FERC and other Federal balance, which is why it has broad sup- We thank you for your time and attention resource agencies to convene a negoti- port from the American Council on Re- to this matter. ating rulemaking with all the stake- newable Energy, the American Public Respectfully, BEN GRUMBLES, holders to develop a process in which a Power Association, the Business Coun- Secretary, Maryland completed license application will be cil for Sustainable Energy, Edison Department of the evaluated and issued or denied within a Electric Institute, International Broth- Environment. period of not more than 3 years. erhood of Boilermakers, International

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.052 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8641 Brotherhood of Electrical Workers, HYDROPOWER POLICY Kuster (NH) Napolitano Sherman International Federation of Profes- MODERNIZATION ACT OF 2017 Langevin Neal Sinema Larsen (WA) Nolan Sires sional and Technical Engineers, Large The SPEAKER pro tempore. Pursu- Larson (CT) Norcross Slaughter Public Power Council, Laborers’ Inter- ant to House Resolution 607 and rule Lawrence O’Halleran Smith (WA) Lee O’Rourke national Union of North America, Na- XVIII, the Chair declares the House in Soto tional Electrical Contractors Associa- Levin Pallone Speier the Committee of the Whole House on Lewis (GA) Panetta Suozzi tion, the National Hydropower Associa- the state of the Union for the further Lieu, Ted Pascrell Swalwell (CA) Lipinski Payne tion, the National Rural Electric Coop- Takano consideration of the bill, H.R. 3043. Loebsack Perlmutter erative Association, the North Amer- Thompson (CA) Will the gentleman from Illinois (Mr. Lofgren Pingree Thompson (MS) ican Building Trades Council, and the RODNEY DAVIS) kindly take the chair. Lowenthal Polis United Brotherhood of Carpenters and Lowey Price (NC) Titus Tonko Joiners of America. Lujan Grisham, Quigley b 1632 M. Raskin Torres Mr. Chairman, this amendment, we ´ Tsongas IN THE COMMITTEE OF THE WHOLE Lujan, Ben Ray Rice (NY) view over here on this side as a poison Lynch Richmond Vargas pill. It would kill jobs and discourage Accordingly, the House resolved Maloney, Rosen Veasey the development of clean, affordable, itself into the Committee of the Whole Carolyn B. Ruiz Vela Maloney, Sean Ruppersberger Vela´ zquez and reliable hydropower. House on the state of the Union for the further consideration of the bill (H.R. Matsui Rush Visclosky Mr. Chair, I would urge my col- McCollum Ryan (OH) Walz leagues to vote ‘‘no’’ on this amend- 3043) to modernize hydropower policy, McEachin Sa´ nchez Wasserman and for other purposes, with Mr. ROD- McGovern Sarbanes Schultz ment and vote ‘‘yes’’ on the bill. Meeks Schakowsky NEY DAVIS of Illinois (Acting Chair) in Waters, Maxine Mr. Chair, I yield back the balance of Meng Schiff Watson Coleman the chair. Moore my time. Schneider Welch Moulton Scott (VA) The Acting CHAIR. The question is The Clerk read the title of the bill. Wilson (FL) Mullin Serrano The Acting CHAIR. When the Com- Yarmuth on the amendment offered by the gen- Murphy (FL) Sewell (AL) tleman from Illinois (Mr. RUSH). mittee of the Whole rose earlier today, Nadler Shea-Porter Young (AK) The question was taken; and the Act- a request for a recorded vote on amend- ing Chair announced that the noes ap- ment No. 4 printed in House Report NOES—234 peared to have it. 115–391, offered by the gentleman from Abraham Ferguson Lucas Mr. RUSH. Mr. Chair, I demand a re- Illinois (Mr. RUSH), had been post- Aderholt Fitzpatrick Luetkemeyer poned. Allen Fleischmann MacArthur corded vote. Amash Flores Marchant The Acting CHAIR. Pursuant to AMENDMENT NO. 4 OFFERED BY MR. RUSH Amodei Fortenberry Marino clause 6 of rule XVIII, further pro- The Acting CHAIR. Pursuant to Arrington Foxx Marshall Babin Franks (AZ) Massie ceedings on the amendment offered by clause 6 of rule I, the unfinished busi- Bacon Frelinghuysen Mast the gentleman from Illinois will be ness is the demand for a recorded vote Banks (IN) Gaetz McCarthy postponed. on the amendment offered by the gen- Barletta Gallagher McCaul tleman from Illinois (Mr. RUSH) on Barr Garrett McClintock Mr. UPTON. Mr. Chair, I move that Barton Gianforte McHenry the Committee do now rise. which further proceedings were post- Bergman Gibbs McKinley The motion was agreed to. poned and on which the noes prevailed Biggs Gohmert McMorris Accordingly, the Committee rose; by voice vote. Bilirakis Goodlatte Rodgers Bishop (MI) Gosar McNerney and the Speaker pro tempore (Mr. The Clerk will redesignate the Bishop (UT) Gowdy McSally DESANTIS) having assumed the chair, amendment. Black Granger Meadows Mr. ESTES of Kansas, Acting Chair of The Clerk redesignated the amend- Blackburn Graves (GA) Meehan ment. Blum Graves (LA) Messer the Committee of the Whole House on Bost Graves (MO) Moolenaar the state of the Union, reported that RECORDED VOTE Brady (TX) Griffith Mooney (WV) that Committee, having had under con- The Acting CHAIR. A recorded vote Brat Grothman Newhouse sideration the bill (H.R. 3043) to mod- Brooks (AL) Guthrie Noem has been demanded. Brooks (IN) Handel Norman ernize hydropower policy, and for other A recorded vote was ordered. Buchanan Harper Nunes purposes, had come to no resolution The vote was taken by electronic de- Buck Harris Olson thereon. vice, and there were—ayes 185, noes 234, Bucshon Hartzler Palazzo Budd Hensarling Palmer f not voting 13, as follows: Burgess Herrera Beutler Paulsen [Roll No. 619] Byrne Hice, Jody B. Pearce RECESS Calvert Higgins (LA) Perry AYES—185 The SPEAKER pro tempore. Pursu- Carter (GA) Hill Peters Adams Cole Gabbard Carter (TX) Holding Peterson ant to clause 12(a) of rule I, the Chair Aguilar Connolly Gallego Chabot Hollingsworth Pittenger declares the House in recess subject to Barraga´ n Conyers Garamendi Cheney Hudson Poe (TX) the call of the Chair. Bass Cooper Gomez Coffman Huizenga Poliquin Beatty Correa Gonzalez (TX) Collins (GA) Hultgren Posey Accordingly (at 3 o’clock and 20 min- Bera Courtney Gottheimer Collins (NY) Hunter Ratcliffe utes p.m.), the House stood in recess. Beyer Crist Green, Al Comer Issa Reed f Bishop (GA) Crowley Green, Gene Comstock Jenkins (KS) Reichert Blumenauer Cummings Grijalva Conaway Jenkins (WV) Renacci b 1630 Blunt Rochester Davis (CA) Gutie´rrez Cook Johnson (LA) Rice (SC) Bonamici Davis, Danny Hanabusa Costa Johnson (OH) Roby AFTER RECESS Boyle, Brendan DeFazio Hastings Costello (PA) Jordan Roe (TN) F. DeGette Heck Cramer Joyce (OH) Rogers (AL) The recess having expired, the House Brady (PA) Delaney Higgins (NY) Crawford Katko Rogers (KY) was called to order by the Speaker pro Brown (MD) DeLauro Himes Culberson Kelly (MS) Rohrabacher Brownley (CA) DelBene Hoyer Curbelo (FL) Kelly (PA) Rokita tempore (Mr. HULTGREN) at 4 o’clock Bustos Demings Huffman Davidson King (IA) Rooney, Francis and 30 minutes p.m. Butterfield DeSaulnier Jackson Lee Davis, Rodney King (NY) Rooney, Thomas f Capuano Deutch Jayapal Denham Kinzinger J. Carbajal Dingell Jeffries Dent Knight Ros-Lehtinen HOUR OF MEETING ON TOMORROW Ca´ rdenas Doggett Johnson (GA) DeSantis Kustoff (TN) Roskam Carson (IN) Doyle, Michael Jones DesJarlais Labrador Ross Mr. HILL. Mr. Speaker, I ask unani- Cartwright F. Kaptur Diaz-Balart LaHood Rothfus mous consent that when the House ad- Castor (FL) Ellison Keating Donovan LaMalfa Rouzer Castro (TX) Engel Kelly (IL) Duffy Lamborn Royce (CA) journs today, it adjourn to meet at 9 Chu, Judy Eshoo Kennedy Duncan (SC) Lance Russell a.m. tomorrow. Cicilline Espaillat Khanna Duncan (TN) Latta Rutherford The SPEAKER pro tempore. Is there Clarke (NY) Esty (CT) Kihuen Dunn Lewis (MN) Sanford objection to the request of the gen- Clay Evans Kildee Emmer LoBiondo Schrader Cleaver Foster Kilmer Estes (KS) Long Schweikert tleman from Arkansas? Clyburn Frankel (FL) Kind Farenthold Loudermilk Scott, Austin There was no objection. Cohen Fudge Krishnamoorthi Faso Love Sensenbrenner

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.063 H08NOPT1 H8642 CONGRESSIONAL RECORD — HOUSE November 8, 2017 Sessions Thompson (PA) Weber (TX) A recorded vote was ordered. Wilson (SC) Woodall Young (AK) Shimkus Thornberry Webster (FL) Wittman Yoder Young (IA) Shuster Tiberi Wenstrup The SPEAKER pro tempore. Pursu- Womack Yoho Zeldin Simpson Tipton ant to clause 8 of rule XX, this 5- Westerman NOES—166 Smith (MO) Trott Williams minute vote on passage of the bill will Smith (NE) Turner Wilson (SC) be followed by a 5-minute vote on sus- Adams Gottheimer Nadler Smith (NJ) Upton Aguilar Green, Al Napolitano Wittman pending the rules and passing H.R. 3705. Smith (TX) Valadao Womack Barraga´ n Grijalva Neal Smucker Wagner Woodall The vote was taken by electronic de- Bass Gutie´rrez O’Halleran Stefanik Walberg Yoder Beatty Hanabusa O’Rourke Stewart Walden vice, and there were—ayes 257, noes 166, Bera Yoho Harris Pallone Stivers Walker not voting 9, as follows: Beyer Hastings Pascrell Taylor Walorski Young (IA) Blumenauer Heck Payne Tenney Walters, Mimi Zeldin [Roll No. 620] Blunt Rochester Higgins (NY) Pelosi AYES—257 Bonamici Himes Perlmutter NOT VOTING—13 Brown (MD) Hoyer Abraham Pingree Bridenstine Johnson, Sam Roybal-Allard Gaetz Noem Brownley (CA) Huffman Aderholt Gallagher Nolan Polis Clark (MA) Lawson (FL) Scalise Butterfield Jackson Lee Allen Garrett Norcross Price (NC) Cuellar Mitchell Scott, David Capuano Jayapal Amash Quigley Hurd Pelosi Gianforte Norman Carbajal Jeffries Amodei Johnson, E. B. Pocan Gibbs Nunes Carson (IN) Johnson (GA) Raskin Arrington Gohmert Olson Cartwright Jones Rice (NY) Babin b 1654 Gonzalez (TX) Palazzo Castor (FL) Kaptur Richmond Bacon Goodlatte Palmer Castro (TX) Keating Rosen Banks (IN) Messrs. POSEY, WALBERG, HIG- Gosar Panetta Chu, Judy Kelly (IL) Ruiz Barletta GINS of Louisiana, and LAHOOD Gowdy Paulsen Cicilline Kennedy Ruppersberger Barr Granger Pearce Clarke (NY) Khanna Rush changed their vote from ‘‘aye’’ to ‘‘no.’’ Barton Graves (GA) Perry Clay Kihuen Sa´ nchez ´ Bergman Messrs. BEN RAY LUJAN of New Graves (LA) Peters Cleaver Kildee Sarbanes Biggs Mexico, PERLMUTTER, and Graves (MO) Peterson Clyburn Kilmer Schakowsky Bilirakis Green, Gene Pittenger ´ Cohen Kind Schiff GUTIERREZ changed their vote from Bishop (GA) Griffith Poe (TX) Cole Krishnamoorthi Schneider ‘‘no’’ to ‘‘aye.’’ Bishop (MI) Grothman Poliquin Connolly Kuster (NH) Scott (VA) Bishop (UT) So the amendment was rejected. Guthrie Posey Conyers Langevin Black Serrano The result of the vote was announced Handel Ratcliffe Cooper Larsen (WA) Blackburn Shea-Porter Harper Reed Courtney Larson (CT) as above recorded. Blum Sherman Hartzler Reichert Crist Lawrence Bost Sinema Stated for: Hensarling Renacci Crowley Lawson (FL) Boyle, Brendan Sires Mr. LAWSON of Florida. Mr. Speaker, had Herrera Beutler Rice (SC) Cummings Lee F. Slaughter Hice, Jody B. Roby Davis (CA) Levin I been present, I would have voted ‘‘yea’’ on Brady (PA) Smith (WA) Higgins (LA) Roe (TN) Davis, Danny Lewis (GA) rollcall No. 619. Brady (TX) Soto Hill Rogers (AL) DeFazio Lieu, Ted Brat Speier The Acting CHAIR. The question is Holding Rogers (KY) DeGette Lipinski Brooks (AL) Suozzi on the committee amendment in the Hollingsworth Rohrabacher Delaney Lofgren Brooks (IN) Swalwell (CA) Hudson Rokita DeLauro Lowenthal nature of a substitute, as amended. Buchanan Huizenga Rooney, Francis DelBene Lowey Takano Buck The amendment was agreed to. Hultgren Rooney, Thomas Demings Lujan Grisham, Thompson (CA) Bucshon The Acting CHAIR. Under the rule, Hunter J. DeSaulnier M. Thompson (MS) Budd Issa Ros-Lehtinen Deutch Luja´ n, Ben Ray Titus the Committee rises. Burgess Jenkins (KS) Roskam Dingell Lynch Tonko Accordingly, the Committee rose; Bustos Jenkins (WV) Ross Doggett Maloney, Tsongas Byrne and the Speaker pro tempore (Mr. COL- Johnson (LA) Rothfus Ellison Carolyn B. Vargas Calvert LINS of Georgia) having assumed the Johnson (OH) Rouzer Engel Maloney, Sean Vela´ zquez Ca´ rdenas Johnson, Sam Royce (CA) Eshoo Matsui Visclosky chair, Mr. RODNEY DAVIS of Illinois, Carter (GA) Jordan Russell Esty (CT) McCollum Walz Carter (TX) Acting Chair of the Committee of the Joyce (OH) Rutherford Foster McEachin Wasserman Chabot Whole House on the state of the Union, Katko Ryan (OH) Frankel (FL) McGovern Schultz Cheney Kelly (MS) Sanford Fudge Meeks Waters, Maxine reported that that Committee, having Coffman Kelly (PA) Schrader Gabbard Meng Watson Coleman had under consideration the bill (H.R. Collins (GA) King (IA) Schweikert Gallego Moore Welch Collins (NY) 3043) to modernize hydropower policy, King (NY) Scott, Austin Garamendi Moulton Wilson (FL) Comer Kinzinger and for other purposes, and, pursuant Scott, David Gomez Murphy (FL) Yarmuth Comstock Knight Sensenbrenner to House Resolution 607, he reported Conaway Kustoff (TN) Sessions NOT VOTING—9 the bill back to the House with an Cook Labrador Sewell (AL) Bridenstine Hurd Pocan Correa LaHood Shimkus amendment adopted in the Committee Clark (MA) Johnson, E. B. Roybal-Allard Costa LaMalfa Shuster Cuellar Mitchell Scalise of the Whole. Costello (PA) Lamborn Simpson The SPEAKER pro tempore. Under Cramer Lance Smith (MO) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Crawford Latta Smith (NE) the rule, the previous question is or- The SPEAKER pro tempore (during dered. Culberson Lewis (MN) Smith (NJ) Curbelo (FL) LoBiondo Smith (TX) the vote). There are 2 minutes remain- Is a separate vote demanded on any Davidson Loebsack Smucker ing. amendment to the amendment re- Davis, Rodney Long Stefanik ported from the Committee of the Denham Loudermilk Stewart Dent Love Stivers b 1702 Whole? DeSantis Lucas Taylor If not, the question is on the com- DesJarlais Luetkemeyer Tenney Messrs. FERGUSON and VELA mittee amendment in the nature of a Diaz-Balart MacArthur Thompson (PA) changed their vote from ‘‘no’’ to ‘‘aye.’’ substitute, as amended. Donovan Marchant Thornberry So the bill was passed. Doyle, Michael Marino Tiberi The amendment was agreed to. F. Marshall Tipton The result of the vote was announced The SPEAKER pro tempore. The Duffy Massie Torres as above recorded. question is on the engrossment and Duncan (SC) Mast Trott A motion to reconsider was laid on Duncan (TN) McCarthy Turner third reading of the bill. Dunn McCaul Upton the table. The bill was ordered to be engrossed Emmer McClintock Valadao PERSONAL EXPLANATION and read a third time, and was read the Espaillat McHenry Veasey Mr. HURD. Mr. Speaker, I was unable to third time. Estes (KS) McKinley Vela Evans McMorris Wagner vote on the bills and subsequent amendments The SPEAKER pro tempore. The Farenthold Rodgers Walberg due to travel to Sutherland Springs, Texas, to question is on the passage of the bill. Faso McNerney Walden meet with the victims, their families, and the The question was taken; and the Ferguson McSally Walker Fitzpatrick Meadows Walorski first responders of the attack that took place Speaker pro tempore announced that Fleischmann Meehan Walters, Mimi on November 5th, 2017. Had I been present, the ayes appeared to have it. Flores Messer Weber (TX) I would have voted ‘‘yea’’ on rollcall No. 616, RECORDED VOTE Fortenberry Moolenaar Webster (FL) ‘‘yea’’ on rollcall No. 617, ‘‘yea’’ on rollcall No. Foxx Mooney (WV) Wenstrup Mr. RUSH. Mr. Speaker, I demand a Franks (AZ) Mullin Westerman 618, ‘‘nay’’ on rollcall No. 619, and ‘‘yea’’ on recorded vote. Frelinghuysen Newhouse Williams rollcall No. 620.

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.035 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8643 VETERANS FAIR DEBT NOTICE Kildee Napolitano Serrano Mr. HURD. Mr. Speaker, I was unable to Kilmer Neal Sessions ACT OF 2017 Kind Newhouse Sewell (AL) vote on the bills and subsequent amendments The SPEAKER pro tempore. The un- King (IA) Noem Shea-Porter this afternoon due to travel to Sutherland finished business is the vote on the mo- King (NY) Nolan Sherman Springs, Texas, to meet with the victims, their Kinzinger Norcross Shimkus families, and the first responders of the attack tion to suspend the rules and pass the Knight Norman Shuster bill (H.R. 3705) to direct the Secretary Krishnamoorthi Nunes Simpson that took place on November 5th, 2017. Had of Veterans Affairs to require the use Kuster (NH) O’Halleran Sinema I been present, I would have voted ‘‘yea’’ on Kustoff (TN) O’Rourke Sires rollcall No. 621. of certified mail and plain language in Labrador Olson Slaughter certain debt collection activities, as LaMalfa Palazzo Smith (MO) PERSONAL EXPLANATION amended, on which the yeas and nays Lamborn Pallone Smith (NE) Mr. SCALISE. Mr. Speaker, I was unavoid- Lance Palmer Smith (NJ) ably detained. Had I been present, I would were ordered. Langevin Panetta Smith (TX) The Clerk read the title of the bill. Larsen (WA) Pascrell Smith (WA) have voted ‘‘nay’’ on rollcall No. 619, ‘‘yea’’ on The SPEAKER pro tempore. The Larson (CT) Paulsen Smucker rollcall No. 620, and ‘‘yea’’ on rollcall No. 621. question is on the motion offered by Latta Payne Soto f Lawrence Pearce Speier the gentleman from Florida (Mr. BILI- Lawson (FL) Pelosi Stefanik REMOVAL OF NAME OF MEMBER RAKIS) that the House suspend the rules Lee Perlmutter Stewart AS COSPONSOR OF H. RES. 576 and pass the bill, as amended. Levin Perry Stivers Mr. HUNTER. Mr. Speaker, I ask This is a 5-minute vote. Lewis (GA) Peters Suozzi Lewis (MN) Peterson Swalwell (CA) unanimous consent that my name be The vote was taken by electronic de- Lieu, Ted Pingree Takano removed as a cosponsor of H. Res. 576. vice, and there were—yeas 422, nays 0, Lipinski Pittenger Taylor The SPEAKER pro tempore (Mr. not voting 10, as follows: LoBiondo Poe (TX) Tenney Loebsack Poliquin Thompson (CA) TAYLOR). Is there objection to the re- [Roll No. 621] Lofgren Polis Thompson (MS) quest of the gentleman from Cali- YEAS—422 Long Posey Thompson (PA) fornia? Loudermilk Price (NC) Thornberry Abraham Cole Gaetz Love Quigley Tiberi There was no objection. Adams Collins (GA) Gallagher Lowenthal Raskin Tipton f Aderholt Collins (NY) Gallego Lowey Ratcliffe Titus Aguilar Comer Garamendi Lucas Reed Tonko CELEBRATING 50TH ANNIVERSARY Allen Comstock Garrett Luetkemeyer Reichert Torres OF MCHENRY COUNTY COLLEGE Amash Conaway Gianforte Lujan Grisham, Renacci Trott Amodei Connolly Gibbs M. Rice (NY) Tsongas (Mr. HULTGREN asked and was Arrington Conyers Gohmert Luja´ n, Ben Ray Rice (SC) Turner given permission to address the House Babin Cook Gomez Lynch Richmond Upton for 1 minute and to revise and extend Bacon Cooper Gonzalez (TX) MacArthur Roby Valadao Banks (IN) Correa Goodlatte Maloney, Roe (TN) Vargas his remarks.) Barletta Costa Gosar Carolyn B. Rogers (AL) Veasey Mr. HULTGREN. Mr. Speaker, I rise Barr Costello (PA) Gottheimer Maloney, Sean Rogers (KY) Vela today to congratulate McHenry County Barraga´ n Courtney Gowdy Marchant Rohrabacher Vela´ zquez College on their 50 years of service to Barton Cramer Granger Marino Rokita Visclosky Bass Crawford Graves (GA) Marshall Rooney, Francis Wagner our community and State. Beatty Crist Graves (LA) Massie Rooney, Thomas Walberg Since April 1967, MCC administra- Bera Crowley Graves (MO) Mast J. Walden tion, faculty, staff, and trustees have Bergman Culberson Green, Al Matsui Ros-Lehtinen Walker demonstrated unparalleled commit- Beyer Cummings Green, Gene McCarthy Rosen Walorski Biggs Curbelo (FL) Griffith McCaul Roskam Walters, Mimi ment to their students through quality Bilirakis Davidson Grijalva McClintock Ross Walz degree and certificate programs. Bishop (GA) Davis (CA) Grothman McCollum Rothfus Wasserman Through the college, the community Bishop (MI) Davis, Danny Guthrie McEachin Rouzer Schultz is provided a diverse and relevant array Bishop (UT) Davis, Rodney Gutie´rrez McGovern Royce (CA) Waters, Maxine Black DeFazio Hanabusa McHenry Ruiz Watson Coleman of enrichment and lifelong learning op- Blackburn DeGette Handel McKinley Ruppersberger Weber (TX) portunities; everything from advanced Blum Delaney Harper McMorris Rush Webster (FL) manufacturing, engineering, and Blumenauer DeLauro Harris Rodgers Russell Welch Blunt Rochester DelBene Hartzler McNerney Rutherford Wenstrup healthcare to fine arts, the humanities, Bonamici Demings Hastings McSally Ryan (OH) Westerman continuing education and training, and Bost Denham Heck Meadows Sa´ nchez Williams everything in between. Boyle, Brendan Dent Hensarling Meehan Sanford Wilson (FL) I commend the college, led by Presi- F. DeSantis Herrera Beutler Meeks Sarbanes Wilson (SC) Brady (PA) DeSaulnier Hice, Jody B. Meng Schakowsky Wittman dent Dr. Clint Gabbard, for its contin- Brady (TX) DesJarlais Higgins (LA) Messer Schiff Womack ued focus on student success, innova- Brat Deutch Higgins (NY) Moolenaar Schneider Woodall tion, and contribution toward the com- Brooks (AL) Diaz-Balart Hill Mooney (WV) Schrader Yarmuth munity’s economic development. Brooks (IN) Dingell Himes Moore Schweikert Yoder Brown (MD) Doggett Holding Moulton Scott (VA) Yoho True to its goal of student success, Brownley (CA) Donovan Hollingsworth Mullin Scott, Austin Young (AK) the college has been ranked among the Buchanan Doyle, Michael Hoyer Murphy (FL) Scott, David Young (IA) top 150 community colleges in the Na- Buck F. Hudson Nadler Sensenbrenner Zeldin Bucshon Duffy Huffman tion and scores in fourth place in the Budd Duncan (SC) Huizenga NOT VOTING—10 State for student success rates and af- Burgess Duncan (TN) Hultgren Bridenstine Johnson, E. B. Roybal-Allard fordability. Bustos Dunn Hunter Clark (MA) LaHood Scalise Butterfield Ellison Issa From visiting and hosting numerous Cuellar Mitchell Byrne Emmer Jackson Lee congressional events at MCC, I am al- Hurd Pocan Calvert Engel Jayapal ways impressed by the extraordinary Capuano Eshoo Jeffries ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE efforts and commitment of McHenry Carbajal Espaillat Jenkins (KS) Ca´ rdenas Estes (KS) Jenkins (WV) The SPEAKER pro tempore (during County College faculty and staff. Carson (IN) Esty (CT) Johnson (GA) the vote). There are 2 minutes remain- Congratulations, McHenry County Carter (GA) Evans Johnson (LA) ing. College, on your 50th anniversary. Carter (TX) Farenthold Johnson (OH) Cartwright Faso Johnson, Sam f Castor (FL) Ferguson Jones b 1709 VETERANS DAY Castro (TX) Fitzpatrick Jordan Chabot Fleischmann Joyce (OH) So (two-thirds being in the affirma- (Mr. LANGEVIN asked and was given Cheney Flores Kaptur tive) the rules were suspended and the permission to address the House for 1 Chu, Judy Fortenberry Katko bill, as amended, was passed. Cicilline Foster Keating minute and to revise and extend his re- Clarke (NY) Foxx Kelly (IL) The result of the vote was announced marks.) Clay Frankel (FL) Kelly (MS) as above recorded. Mr. LANGEVIN. Mr. Speaker, this Cleaver Franks (AZ) Kelly (PA) A motion to reconsider was laid on Saturday is Veterans Day, a day to re- Clyburn Frelinghuysen Kennedy Coffman Fudge Khanna the table. flect on the bravery and the commit- Cohen Gabbard Kihuen Stated for: ment of our servicemembers and to

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.069 H08NOPT1 H8644 CONGRESSIONAL RECORD — HOUSE November 8, 2017 thank them for their dedication to our month-long crash course in voting ma- est condolences to the families of these Nation. chines and election infrastructure. The fallen heroes. From the Greatest Generation who 2000 Presidential election opened our This is a mission, Mr. Speaker, which served in World War II to the veterans eyes to the fact that voting equipment Congress still knows nothing about. who traversed the harsh jungles of in most places was out-of-date and un- And as recently as last week, Secre- Vietnam, to the young people who took safe. taries Tillerson and Mattis testified be- up the banner and persisted in the fight We didn’t learn the lessons of 2000, fore the Senate Foreign Relations against terrorism in Afghanistan and and in 2017, America’s election infra- Committee on this tragedy. But one in Iraq, we owe our veterans an endless structure remains in a bad state. We question remains unanswered: Why debt of gratitude. must act immediately. were our servicemembers in Niger? It is our responsibility to provide for First, we need to help all local and It is outrageous that Congress has our servicemembers when they heed State governments replace their out- been left in the dark about these oper- the call to serve, as well as to care for dated paperless machines with more se- ations. At a minimum, we should have them when they return home. cure systems. some basic knowledge of the missions Mr. Speaker, we must fulfill our Second, we need to require post- we are asking servicemembers to risk promises to our veterans and deliver on election audits of all paper records to their lives for. the promises, the benefits that they make sure that the results tabulated Myself and others sent a bipartisan have earned. We need to make sure by voting machines have not been letter to the administration demanding that we end veterans’ homelessness. hacked. that President Trump seek authoriza- Whether it be ensuring timely access Third, we need to help election offi- tion ahead of any future military oper- to quality healthcare, enabling the cials at the local level upgrade their ations in Niger. pursuit of educational opportunities, or database and election infrastructure to It is not just Niger. Speaker RYAN providing the tools to start their own protect against all cyber attacks. needs to stop blocking a debate and business, let us reaffirm to our vet- Mr. Speaker, I urge my colleagues to vote on these ongoing wars. The people erans that they will have the support join me in supporting all efforts to deserve answers. and the services that they need fol- modernize and protect our voting infra- What is the holdup, Mr. Speaker? lowing their service. structure and legislation dealing with What are you afraid of? Why don’t you To all our veterans, thank you for cyber attacks. want the American people to know? your service. May God bless you, and f Congress, yes, is missing in action. may God continue to bless the United We owe it to our servicemembers and States of America. CELEBRATING MONTANA’S our constituents to have a debate and a STATEHOOD f vote on these ongoing wars. Congress (Mr. GIANFORTE asked and was needs to do its job. b 1715 given permission to address the House f RECOGNIZING WEST LUTHERAN for 1 minute and to revise and extend HIGH SCHOOL FOR PATRIOTISM his remarks.) RECOGNIZING COLONEL BEN Mr. GIANFORTE. Mr. Speaker, I rise MARGOLIUS AND MR. AL EATON, (Mr. PAULSEN asked and was given FOUNDERS OF THE SOUTHERN permission to address the House for 1 today to pay tribute to a special place: Montana. TIER VETERANS SUPPORT minute and to revise and extend his re- GROUP marks.) From our snowcapped mountains to Mr. PAULSEN. Mr. Speaker, I rise our nearly endless prairies, Montana is (Ms. TENNEY asked and was given today to recognize the patriotism of an awe-inspiring place of tremendous permission to address the House for 1 West Lutheran High School in Plym- beauty. We call it Big Sky Country, minute and to revise and extend her re- outh, Minnesota, and their annual Vet- the Treasure State, the Last Best marks.) erans Day celebration. Place, and we call it home. Ms. TENNEY. Mr. Speaker, I rise Every day, the students at West Lu- When Montana first became a terri- today to recognize Colonel Ben theran recite the Pledge of Allegiance, tory in 1864, it was the Wild West. Pros- Margolius and Mr. Al Eaton, founders even when they did not have enough pectors, cattle ranchers, and settlers of the Southern Tier Veterans Support flags for their classrooms. So the sen- overcame scorching sun and blistering Group. ior American Government class raised cold to establish our Nation’s 41st Ben is a veteran of the Army, serving $1,200 to purchase flags that will honor State. as the chief of joint operations for the their alumni who have answered the But there is something even more U.S. Transportation Command and call to serve in uniform. special than the beauty of an eastern holding leadership positions at The West Lutheran Veterans Day Montana sunset or being knee-deep in a USCENTCOM, USEUCOM, and ceremony is now a central part of life crystal-clear mountain stream. It is USTRANSCOM. in the Plymouth community, and every the people of Montana. Montanans are Al is a veteran of the Navy and, like year they recognize contributions and kind, warm, generous, and hard- my son, a graduate of the U.S. Naval sacrifices made by those in uniform. working people. Academy, having served as a naval This year, veterans will be treated to On November 8, 1889, our special flight officer on P–3 Orions, performing breakfast, the music of the West Lu- place became part of something even antisubmarine warfare and surface sur- theran band, and remarks by Tom War- more special, the land of the free and veillance missions. ren, Sr., a veteran of the U.S. Army the home of the brave. Today, Mon- After their military service, Ben and and Operation Desert Storm. tanans celebrate the 128th anniversary Al saw a great need to provide help to So, Mr. Speaker, I commend the West of our statehood. veterans where other agencies could Lutheran community for keeping this f not. This started informally, with Ben tradition alive, and I also thank our and Al getting donations and support OUR MILITARY OPERATIONS IN veterans for the selfless acts of courage where they could, until the Southern NIGER that keep our country safe. Tier Veterans Support Group was f (Ms. LEE asked and was given per- formed officially in August of 2011. mission to address the House for 1 Today, Ben and Al’s work has THE STATE OF AMERICA’S VOTING minute and to revise and extend her re- brought over 70 community partners INFRASTRUCTURE marks.) together to assist veterans and their (Mr. PAYNE asked and was given Ms. LEE. Mr. Speaker, I rise today to families, with 425 veterans receiving permission to address the House for 1 sound the alarm about our military op- $65,000 in assistance since 2016. minute and to revise and extend his re- erations in Niger. Thank you, Ben and Al, for your marks.) On October 4, four U.S. Army Special service and for all that your organiza- Mr. PAYNE. Mr. Speaker, 17 years Operations Forces were tragically tion has done to help our veterans. ago, the United States began a 2- killed on a mission in Niger. My deep- Go Navy.

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.071 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8645 Go Army. In many ways, Mike has stayed true jured in the line of duty, and many f to his roots. He was born and raised in have paid the ultimate sacrifice before a small town in Pennsylvania, where the altar of freedom. TAX REFORM AND CUTS TO THE his grandfather was a dairy farmer. He Because of this display of sacrifice, WORK OPPORTUNITY TAX CREDIT runs a family farm, where he produces future generations may enjoy the (Mr. MCEACHIN asked and was given pumpkins and other crops and raises blessings of what our country stands permission to address the House for 1 Hereford cattle. for: the right to life, liberty, and the minute and to revise and extend his re- Mr. Speaker, it is an honor to recog- pursuit of happiness. I am proud to marks.) nize Mike Firestine on this tremendous have had the opportunity to serve Mr. MCEACHIN. Mr. Speaker, today, achievement and an outstanding career alongside such brave men and women. I rise against H.R. 1, the so-called Tax in agriculture. So, veterans, we are a free nation be- Cuts and Jobs Act, and its effects on cause of the bravery of you and your f our veterans. families. Happy Veterans Day, and God H.R. 1 would cut the successful work GUN VIOLENCE bless you. opportunity tax credit, a Federal credit (Mr. SCHNEIDER asked and was f available for employers to incentivize given permission to address the House GOP TAX PLAN them to hire veterans. for 1 minute and to revise and extend In 2016, there were 453,000 veterans his remarks.) (Mr. LOWENTHAL asked and was that were unemployed nationwide— Mr. SCHNEIDER. Mr. Speaker, here given permission to address the House 16,000, alone, in Virginia. we are again, mourning the senseless for 1 minute.) Mr. LOWENTHAL. Mr. Speaker, I Mr. Speaker, today, on their behalf, I loss of life from yet another terrible rise to join the chorus of Americans call on my Republican colleagues to mass shooting. across the country who are gravely find solutions that do not sacrifice Last Sunday, at their church in concerned about the reckless Repub- those who have sacrificed enough. Texas, 26 more Americans were cut House Republicans have suggested lican tax plan. down by a gunman. The oldest was 77 that the work opportunity tax credit, Middle class families in my district years old. The youngest was 17 months at a cost of $1 billion, is simply too ex- know that this plan won’t help to get old. pensive to keep in place. However, I them ahead, and it is not because they This is just a few weeks after Las cannot help but wonder why the same are doing the math wrong. The plan Vegas endured the deadliest shooting is not said about repealing the estate throws a buffet full of enormous tax in our country’s history and in the tax, a $269 billion tax cut for the cuts for multinational corporations backdrop of ongoing violence in cities, wealthy. and billionaire real estate investors, My Democratic colleagues and I are towns, and homes across the country and it leaves hardworking families to taking a different approach by found- that claims an average of 93 lives each fight for table scraps. ing the Reinvesting in Our Returning and every day. Tens of millions of middle class fami- The response from this Chamber is Heroes Task Force. Instead of hurting, lies will ultimately face a tax hike, and deafening silence. we are helping veteran businessowners the repeal of the State and local deduc- Mr. Speaker, how can we face this and veterans who need jobs. tion raises taxes on many families in Mr. Speaker, my father is buried in epidemic without even a debate? my district in California. Arlington. He was a Korean war vet- I am open to any commonsense idea For example, in Orange County, my eran. He said that the American GI to make progress on this issue, from constituents deduct an average of only asked of his country what he was universal background checks to lim- $6,500 a year using the SALT provision. prepared to give, and that is his best. iting access to high-capacity maga- This proposal sends them a bill. Mr. Speaker, this tax cut is not our zines and military-style assault weap- Republicans are asking my constitu- best. ons. ents to pay more, only to let compa- I have introduced legislation to help nies that expand overseas pay less. f prevent theft from the Federal Firearm That simply doesn’t make sense. CONGRATULATING MICHAEL Licensees, expand background checks, I urge all of my colleagues, especially FIRESTINE ON RECEIVING and close purchase monitoring loop- my neighbors in California, to reject BRUNING AWARD holes. this tax hike on middle class families. (Mr. THOMPSON of Pennsylvania I know there is no one single solu- f tion, but we cannot allow this epidemic asked and was given permission to ad- b 1730 dress the House for 1 minute and to re- to continue without even a discussion vise and extend his remarks.) on what we can do. Together, we have THANKING OUR VETERANS Mr. THOMPSON of Pennsylvania. the opportunity to save lives. (Mr. LAMALFA asked and was given Mr. Speaker, I rise today to congratu- I urge my colleagues to act. permission to address the House for 1 late Michael Firestine as he receives f minute and to revise and extend his re- the prestigious Bruning Award from marks.) HONORING VETERANS DAY the American Bankers Association Mr. LAMALFA. Mr. Speaker, I rise Center for Agricultural and Rural (Mr. PALAZZO asked and was given tonight to recognize and thank our vet- Banking. permission to address the House for 1 erans. We will all be doing that this Mike Firestine’s leadership and out- minute and to revise and extend his re- coming Saturday on Veterans Day. standing dedication to providing credit marks.) They sacrificed so much and we are so and financial guidance to farmers, Mr. PALAZZO. Mr. Speaker, I rise glad to have them here to be able to ranchers, and rural businesses is well today to recognize America’s veterans. celebrate and thank them. known in the Commonwealth of Penn- Saturday is Veterans Day, a time to I recommend that everybody please sylvania. He has been an agricultural recognize our bravest men and women take part in the events that you have banker with the same bank for more who answered the call to defend our in your community. Go to the parades, than 35 years. great Nation against our enemies. go to the barbecues, and take a minute Mike began his ag banking career in Words are not enough to say thank you to thank a veteran. 1978, with the Lebanon National Valley for everything you have endured and Things we can do around here as leg- Bank, which later merged with Fulton sacrificed on America’s behalf. islators are like we did this week with Bank, where Mr. Firestine is currently As a fellow veteran, and on behalf of several pieces of legislation, helping a senior vice president. the good families of Mississippi’s veterans with VA so that they would Over the course of his career, Mike Fourth Congressional District, I want have more access for telemedicine, has helped scores of young farmers es- to convey my appreciation to you and which makes technology more avail- tablish themselves in the industry. His your families. able and provides better doctors for di- counsel and advice propelled many to Many of us have seen the perils of agnosing veterans and giving them success. war and conflict. Many have been in- what they need.

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.073 H08NOPT1 H8646 CONGRESSIONAL RECORD — HOUSE November 8, 2017 The VICTOR Act considers the travel who have actively volunteered for more would allow for a specific and trans- veterans have to take to go for trans- than a dozen years at the Valatie Ecu- parent penalty to be imposed for a spe- plants. Wouldn’t it be better for them menical Food Pantry, a ministry of the cific violation of the FHA application to be closer to home instead of trav- Ichabod Crane Clergy Association in loan process. But as Brian Mont- eling long distances so they and their Columbia County. gomery, the nominee to be Assistant families can get the care they need and With Don serving as chairman from Secretary for Housing, told the Senate have the access they need locally? 2006 to 2017, the leadership of these two Banking Committee last week, the De- Lastly, I will mention the Veterans honorable individuals has enabled the partment of Justice has stepped in Crisis Line Study Act. When a veteran food pantry to serve hundreds of fami- front of the FHA. We should correct is in crisis, when a veteran is contem- lies in northern Columbia County. Uti- this circumstance. plating suicide, as happens so much lizing grants, community donations, f these days—20, 22 veterans per day giv- local farms and markets, the Camp- PEOPLE VOTED BASED ON ing up—we need to have the Veterans bells have truly supported their less- PRINCIPLES Crisis Line Study Act in place to better fortunate neighbors, enabling those modify the crisis line to be effective for folks to better support their families (Ms. JACKSON LEE asked and was them; so that there is someone there so and loved ones. given permission to address the House they can have immediate help to get Don and Sharon’s efforts extend be- for 1 minute.) through that time. yond the food pantry, aiding many Ms. JACKSON LEE. Mr. Speaker, These are some of the things we can other charitable pursuits in our com- yesterday, I got buoyed in a little do for veterans as we wish them a munity. We thank them as well as the dance step in my walk, not because of happy Veterans Day and thank them volunteers of the Valatie Ecumenical partisan politics, but because people in for their service. God bless them. Food Pantry for their gracious service America voted. They voted throughout the Nation and they made sizeable f to our Columbia County community. changes, not even on partisan politics, AMERICAN PEOPLE DESERVE A f but what I love, about principles. Prin- BETTER DEAL THANKING ALL VETERANS ciples of rejecting divisiveness, the (Mr. CICILLINE asked and was given (Mr. CORREA asked and was given misinterpretation of the Constitution, permission to address the House for 1 permission to address the House for 1 and the wonderment of this Nation is minute.) minute.) what these voters stood for. Mr. CICILLINE. Mr. Speaker, they Mr. CORREA. Mr. Speaker, all gave I also believe they recognize that are at it again. Corporate lobbyists and some, and some made the ultimate sac- they wanted direction that really billionaires are spending whatever it worked for them. If we pass the tax rifice. This Saturday is Veterans Day, takes to get their way in this town and bill, they didn’t want it to be a tax a day we pause to honor the brave men avoid paying their fair share in taxes. scam where millions of middle class and women from our communities who Meanwhile, working people who play Americans would pay an increase in have served our country. Veterans rep- by the rules are getting crushed by taxes or they couldn’t deduct their resent the best in America. Veterans healthcare costs, childcare expenses, medical expenses or student interest embody loyalty and honor by always housing payments, and student loan rates. putting their fellow soldiers and coun- debt. The vote yesterday was for a new di- What is the Republican solution for try before themselves. rection, not for any of us to take it for Veterans prove this determination in this problem? granted, but for us to recognize that it A $1.5 trillion tax cut for millionaires getting the mission done. This country is time now for the American people to and billionaires, and a tax increase for has made a promise to every person lead. I am so grateful for the democ- tens of millions of hardworking fami- who puts on that uniform. You stand racy of this Nation and for the values lies. for us, and we will stand for you. Their of the American people. They made a This bill is a scam. Republicans are mission was protecting us. Our mission difference yesterday. Thank you for throwing a wealthy five-star banquet in Congress is to protect them. voting. To all of our vets, thank you for your for the wealthy and well connected, f and saving a few crumbs that fall from service. Thank you for serving our the table for the hardworking middle country. POLAND CELEBRATES 99TH class. f ANNIVERSARY OF INDEPENDENCE Democrats know that American peo- DOJ FALSE CLAIMS ACT ISSUE (Ms. KAPTUR asked and was given ple deserve a better deal. That is why permission to address the House for 1 we are fighting to build an economy (Mr. SESSIONS asked and was given minute and to revise and extend her re- that ensures better jobs, better wages, permission to address the House for 1 marks.) and a better future; create 10 million minute.) Ms. KAPTUR. Mr. Speaker, on No- new full-time, good-paying jobs; invest Mr. SESSIONS. Mr. Speaker, I rise vember 11 in this year of 2017, the na- in rebuilding our crumbling roads, today to call on the Department of tion of Poland will celebrate its 99th bridges, and schools; lower costs for ev- Justice to impose a moratorium on its anniversary of independence. erything from prescription drugs to practice of using the False Claims Act To commemorate this historic event childcare; and break up corporate mo- to demand settlements from America’s as well as to recognize the values the nopolies that are raising costs and re- mortgage brokers for perceived viola- United States and Poland have shared ducing choices for working families. tions in the loans these lenders made since the 1700s, I rise along with my Republicans might be fine with the under the Federal Housing Authority’s fellow co-chairs of the House Poland status quo that benefits the wealthy mortgage insurance program. Caucus to introduce this bipartisan and powerful special interests. We Simply put, intentional efforts to de- resolution. know the American people deserve bet- fraud the Federal Government should As early as 1791, Poland adopted the ter—better jobs, better wages—for a be prosecuted and pursued to the full- first constitution in Europe based on better future. est extent of the law. However, as the America’s Democratic principle of lib- FHA has worked to provide further f erty. Poland became the first nation in clarification on the law, the Depart- Europe to outlaw serfdom. As a result, RECOGNIZING DONALD AND ment of Justice has, unfortunately, fo- Poland was tragically removed from SHARON CAMPBELL cused their efforts on attacking honest the map of Europe for over a century- (Mr. FASO asked and was given per- mortgage brokers, lenders, and first- and-a-quarter, divided and split be- mission to address the House for 1 time home buyers for infractions as tween three imperial powers: Russia, minute and to revise and extend his re- small as a clerical error or a small Prussia, and the Austro-Hungarian marks.) technical mistake. Empire. Mr. FASO. Mr. Speaker, today I rise The FHA, in conjunction with HUD, Nevertheless, valiant Poles did not to thank Donald and Sharon Campbell, is close to finalizing a taxonomy that give up their values, but they kept

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.076 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8647 alive the free spirit of Poland during disorder, military sexual assaults, un- put a face on an imperative issue, the foreign occupation and tyranny for a employment, and homelessness. We imperative issue of affordable housing. century-and-a-quarter. Then, in 1918, have a responsibility to take care of all I am here representing neighborhoods with the help of President Woodrow of our veterans when they return home, like Marble Hill, Inwood, Washington Wilson following World War I, they tri- and to make sure that they are getting Heights, Hamilton Heights, umphed in bringing their nation back the best care and benefits that they Morningside Heights, Harlem and east onto the map of Europe in the form of have earned and deserve. Harlem, and the northwest Bronx. a republic. In recognition of Veterans Day, we Public housing and public housing Today, American and Polish military must fix this and pass the Deborah capital funding is imperative for many cooperation through NATO is critical Sampson Act to eliminate barriers and of my constituents. Just to shed some to defending the spirit of liberty. Let improve quality of care and services, light on the magnitude of this problem, this resolution serve to reaffirm the and empower our female veterans Mr. Speaker, in the 13th Congressional close bonds between our two great na- alongside our male veterans. District, there are 62 housing develop- tions. I urge all of my colleagues to pass ments—62 public housing develop- f this legislation to address the glaring ments. gender disparities at the VA and to en- There are a total of 340 buildings, ENCOURAGE CONSTITUENTS TO sure that our women veterans receive and, within those buildings, there are SIGN UP FOR A HEALTH PLAN the services that they have earned and 34,609 apartments where families live; (Ms. JAYAPAL asked and was given deserve. so 62 housing developments out of 326 permission to address the House for 1 f for the entire city of New York, 340 minute and to revise and extend her re- buildings out of 2,462 buildings in the BILLIONAIRES-FIRST TAX BILL marks.) city of New York, and 34,609 apart- Ms. JAYAPAL. Mr. Speaker, in (Mr. NORCROSS asked and was given ments out of 176,692 apartments across Burien, Washington, tomorrow, we will permission to address the House for 1 the city of New York. be holding an event to provide con- minute.) In fact, Mr. Speaker, public housing stituents information on signing up for Mr. NORCROSS. Mr. Speaker, I am houses over 400,000 residents. It is larg- healthcare coverage under the Afford- here to speak about the Republican’s er than many cities in many States able Care Act. billionaires-first tax bill. across the Nation, and public housing With open enrollment season begin- Mr. Speaker, the Tax Policy Center capital funding is imperative and nec- ning last week, I want to make sure determined they will raise taxes for ap- essary for my constituents. that residents of our district know that proximately 38 million middle class Not only do these residents rely on they have until December 15 to sign up. households. Americans agree that we stable, affordable housing to stay close And while the Republican majority has need more jobs, higher wages, and to their families and be near their jobs been undermining the ACA at every lower taxes. But the Republican bill re- and schools, but our city relies on turn, the numbers that are coming in wards billionaires, prioritizes cor- these residents who are also teachers, tell a completely different story about porate profits, and hurts working fami- home healthcare workers, caregivers, how important this act is for thou- lies. and taxi drivers. They run our city. In sands of Americans across the country. It is welfare for the wealthy paid for fact, they are an integral part of the More than 200,000 Americans chose a by the hardworking middle class Amer- economic engine of the city. They are plan on the first day of open enroll- ican. It fails the President’s own part of our local economy. They fuel ment, which is more than double last Trump test, which says their tax plan our economy on a daily basis. Mr. year. This is all on top of the more would not benefit the wealthiest of us. Speaker, these folks really represent than 1 million people who visited Guess what. It does. the economic engine of New York City. healthcare.gov, the official Federal Worst of all, New Jersey families suf- As you will hear from my colleagues, website; a one-third increase in traffic fer the most. The bill guts the critical affordable housing—public housing— from 2016. State and local tax deduction. That and its residents are under threat. Mr. Speaker, our State exchange in means one-fourth of all New Jerseyans After a decade of funding reductions, Washington State has reported a 19 will be paying more taxes. the President’s administration made percent increase in visits from last Why should billionaires receive tax one thing clear: they plan to dras- year. The surge in enrollment is prom- relief instead of New Jersey’s middle tically accelerate funding reductions ising and it is a clear repudiation of class families? for HUD. This turns that housing agen- the Republican’s efforts to strip Americans must reject this billion- cy, essentially, into an absentee land- healthcare from millions across the aires-first, bloated, backwards bill. It lord, into a slumlord, if you will, ad- Nation. will do nothing to raise wages or bring ministrating public housing develop- Mr. Speaker, I urge my colleagues to real relief for working families. ments across the country that are in spread the word about how their con- f decrepit and seriously embarrassing stituents can get covered. b 1745 conditions. f The administration’s fiscal year 2018 PUBLIC HOUSING IMPERATIVES budget proposal revealed a $7.6 billion PROVIDE MORE FOR FEMALE The SPEAKER pro tempore. Under cut, almost a 20 percent cut to HUD, VETERANS the Speaker’s announced policy of Jan- and a two-thirds cut to public housing (Ms. GABBARD asked and was given uary 3, 2017, the gentleman from New capital needs. permission to address the House for 1 York (Mr. ESPAILLAT) is recognized for Now, New York City has a need of $17 minute.) 60 minutes as the designee of the mi- billion to do point work, roof work, Ms. GABBARD. Mr. Speaker, female nority leader. boiler work, and elevator work to im- veterans represent the military’s fast- GENERAL LEAVE prove the quality of life of the resi- est-growing population with an esti- Mr. ESPAILLAT. Mr. Speaker, I ask dents of these housing developments. mated 2.2 million women, including unanimous consent that all Members Yet the administration has proposed a 14,000 in my home State of Hawaii, who have 5 legislative days to revise and ex- $7.6 billion cut. This is a national cri- have served our country. Yet, when tend their remarks and include extra- sis, an affordable housing national cri- these women come home or transition neous material on the subject of my sis. to civilian life, they are still facing a Special Order. We have Members from California to VA that was created by and for men The SPEAKER pro tempore. Is there Texas to New York who all believe that and is ill-equipped to understand and objection to the request of the gen- affordable housing should be at the serve their unique needs. tleman from New York? forefront of our progressive priority. It Women veterans have lower rates of There was no objection. is a fundamental cornerstone of the access to the VA than men, but face Mr. ESPAILLAT. Mr. Speaker, I American Dream that we cannot afford higher rates of post-traumatic stress stand here today to shed light and to to let slip away.

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.077 H08NOPT1 H8648 CONGRESSIONAL RECORD — HOUSE November 8, 2017 Mr. Speaker, I yield to the distin- hurricane, and they stay on because the schools and long-term problems for guished gentlewoman from the State of people are in houses that they cannot young people and children who live in Texas (Ms. JACKSON LEE). afford to repair. They need affordable these public housing units. Ms. JACKSON LEE. Mr. Speaker, let housing. In addition to that, Mr. Speaker, 21 me give my greatest appreciation to Do you know what? They want to percent of the residents of these hous- the gentleman from New York, who live in historic neighborhoods like ing developments are seniors over 62 will remain at the podium as he has Fifth Ward where Barbara Jordan grew years old who are also subjected to yielded to me, and to thank him for the up, Sunnyside, South Park, Third mold, chipping paint, and elevators leadership that he has given to so Ward, Acres Homes, northeast Hous- that don’t work. They have to go up many issues. ton, and Independence Heights, but and down 18 or 20 stories. Some of them Mr. Speaker, I want to thank the they need housing. are in wheelchairs or have some real gentleman for the leadership work that So I join the gentleman in saying challenges getting around. Yet the he took to Puerto Rico that will need that this is a travesty. This is a dis- Federal Government and its Depart- housing, and the U.S. Virgin Islands grace. We need funding for affordable ment of Housing and Urban Develop- that will need housing. The neighbor- housing. Hurricane Harvey has made it ment, HUD, continue to be an absentee hoods that he has just mentioned, I am even more disastrous because there are landlord abandoning them to their own quite familiar with. I know those people in housing now right in my dis- fate. Fifty-two percent of those resi- neighborhoods in New York. I have rel- trict—and I hear you in northeast dents, Mr. Speaker, are on fixed in- atives in New York. Houston where the walls are pulled out comes, and 46 percent across the city But I also know the neighborhoods in and the mold is on because they need have an employed family member. So Texas, and I know the public housing affordable housing. They need Section these are the numbers that are very developments. I want to join the gen- 8 vouchers and clean housing. telling to this national crisis. tleman in that terminology because, Mr. Speaker, let me tell you about The reduction in capital funding remember, it used to be the projects. the affordable housing and public hous- which leads to the deterioration of But we know that public housing devel- ing. I have lost 112 units through Hurri- buildings’ roofs and facades, failure of opments are where people live. It is cane Harvey in condemnation, and I boilers, leaks, mold like we see right where they raise their children. When may lose more out of a total of 201 in here, and other unacceptable condi- you have a home in the public housing one particular two-story area of Clay- tions are devastating to my constitu- development, it needs maintenance, ton Homes; and then 2100 Memorial, we elevators, window reinforcement, hall- ents, and they contribute to a public are fighting to not lose the housing health crisis, asthma, respiratory dis- ways cleaned up, painting done, and, that is needed there. yes, debugging, and brick-by-brick re- ease. So I want to join and thank the Con- Americans need a better deal for pair, or it may be a new addition. gressional Progressive Caucus and All of my life, I have met my class- housing. As we continue negotiations thank the gentleman for leading this mates in public, elementary, and mid- on the fiscal year 2018 appropriations Special Order. I want to make sure dle school, and they live in the housing and the administration prepares the that I keep this picture up for America developments, many of whom I could fiscal 2019 budget proposal, we need to to know that unless we fight against go back to, and they are doctors, law- ensure that public housing is ade- these dastardly cuts, whether you are yers, teachers, business persons, and quately funded. in a disaster area and have lost your Congresspersons. They are upstanding home; or whether you are in a city like citizens. But we also know that they b 1800 New York and are facing the deteriora- have said to us that you have allowed tion of public housing, or the elimi- Sufficient capital funding is impera- these public housing developments to tive for my district and the country, deteriorate so that children of families nation of units taken offline; or wheth- er you are in Houston, Texas, under the and it ensures the creation of jobs who live there now may be subjected to through capital work. violence and drugs, and it is not their Houston Housing Authority and you are losing units, the cry is for the fami- Investing capital dollars in public home. housing repair would also yield em- Let me tell you why we are in that lies of America. ployment in our communities. It also predicament. Who do we care for? Some of them Right now, as we speak, they are are families of Active-Duty soldiers. ensures the reduction of negative marking up the tax scam. If you look Some of them are families of veterans. health outcomes and healthcare costs at this pie, you will see that it will be So I would join the gentleman in related to the deterioration of housing impossible for any moneys to go for crafting and working on stopping the conditions. It also results in quality, public housing or affordable housing bleeding of losing affordable housing stable housing for low-income Ameri- because 80 percent of the tax cuts will for the many millions of Americans cans, which is one of the most impor- go to the 1 percent. That means that who need it and welcome it, and for the tant factors in the alleviation of pov- we will lose $1.5 trillion in revenue. millions of children who deserve it. erty. What Congressman ESPAILLAT is Mr. Speaker, I thank the gentleman Americans need a better deal for talking about is that we will be losing for yielding to me, and I thank him housing. I hope that my colleagues re- and will not be able—as the budget again for his leadership. member the constituency that we that was passed evidences with $2.4 Mr. ESPAILLAT. Mr. Speaker, I serve, particularly the most vulnerable trillion in cuts in domestic discre- want to thank the gentlewoman from ones like the residents of public hous- tionary spending, it will not allow the Texas for her eloquent remarks regard- ing, and we continue to fight back work that we are calling for today: re- ing this pressing need, this national against budget cuts. Growing the pub- construction, new build, rehab, repairs, crisis of housing. lic housing capital fund must be ele- and adding to the housing stock in Let me just share with you some vated as a priority. America for our people who are in other numbers that will further ensure Mr. Speaker, I yield to the gentleman need. that the American people understand from California (Mr. GOMEZ). Let me show you this. It may not be in full depth this crisis. Mr. GOMEZ. Mr. Speaker, I thank exactly in our neighborhood, but it In my district, as I said earlier, there Congressman ESPAILLAT for leading shows you what happened in a disaster. are 75,463 residents of public housing this important Special Order. This is a house, or a place where people out of 400,000 citywide. There are 34,035 It is no secret that many cities in our would be in a house. I could go to NYCHA families in the district out of country face an affordable housing cri- Texas after Hurricane Harvey and find 174,283 citywide. Twenty-five percent sis. That crisis is particularly acute in houses in this condition. I could go to are children who are subject to mold California, as everyone in my State, Port Aransas or Rockport. I can go to like you see right here on this easel, from the Bay Area to Los Angeles to Third Ward or northeast Houston. Mr. Speaker, mold that contributes to the Inland Empire, will tell you. In our community, Mr. Speaker, we asthma and to other respiratory dis- California is a desired destination for have what we call blue tarps after the eases that then lead to absenteeism in people from all over the world, many of

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.079 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8649 them skilled, tech-savvy young people ners to tackle issues like homelessness talked about numbers, let’s talk about who moved to California for our cli- so they can make tough choices and what these numbers mean and who mate, culture, or commerce. This is es- make sure we have a housing situation they impact. pecially true for my home city of Los that serves all people. That starts with Let’s talk about, for example, a lady Angeles, which boasts cultures and cui- actual Federal investment in projects named Maria Pacheco, who has lived in sines from all over the globe, allowing and programs that help people, not just the UPACA 6 development for 12 years. anybody to feel at home. the rich. That is why the Republican She is retired from working at the Unfortunately, the growth of afford- tax cut plan is such a sham and de- stock market. This is what she had to able housing has not kept pace with serves to go back to whatever dark cor- say about the importance of making the population growth. This disconnect ner of Republican dogma it came from. capital improvements to her public has created a housing affordability cri- As it stands right now, the Repub- housing building: sis that is exacerbating economic in- lican tax plan would cut the production If NYCHA fixes the entrance doors and the equality and forcing lifelong Angelinos of affordable housing in half by elimi- walkway in front of the development, more out of neighborhoods they grew up in. nating multifamily, tax-exempt hous- seniors would be able to get out of their The lack of housing raises rents on ing bonds. It would also repeal the 4 apartments more often. There are a number working families, which, in turn, percent tax credit and provisions au- of seniors who do not come out of their threatens the vibrant hubs of Latino, thorizing the use of tax-exempt private apartments because they are not able to open the entrance doors. Those doors are Black, and Asian culture throughout activity bonds. Taken together, these provisions account for 50 percent of all really heavy and the walkway is dangerous, my district, potentially stripping these and a lot of seniors fear they will fall. neighborhoods of their character that affordable housing production and would make our affordable housing cri- Maria Pacheco needs a better deal in made them so unique and desirable to housing from Congress. Seniors are too live in in the first place. sis even worse. Republicans in Congress only claim afraid that they will fall. Our affordable housing crisis has left During Secretary Ben Carson’s lis- more than 400,000 households in the to care about giving States the power to pursue their own policies. It would tening tour—by the way, Mr. Sec- city of Los Angeles and 900,00 in L.A. retary, New York City is still waiting County in what they call a precarious be great if their actions matched their words and they actually worked with for you to see our public housing com- housing situation. A precarious hous- plexes and the conditions that they are ing situation means that the dwelling our great cities and States to address important problems instead of making in—during his so-called listening tour, is substandard, families are doubled up, this is what he had to say to a develop- or they spend more than half their in- them worse. I ask for all of you to consider that ment in Columbus, Ohio, that is par- come on housing. tially funded by HUD: ‘‘Compassion That is 1.3 million people in precar- any tax plan not exacerbate the hous- means not giving people a comfortable ious housing situations, teetering on ing crisis in our country. Mr. Speaker, I thank Representative setting that would make somebody the edge of homelessness, one bad day ESPAILLAT for leading this important want to say: ‘I’ll just stay here. They away from losing the roof over their Special Order. will take care of me.’ ’’ head. That is on top of 58,000 homeless Mr. ESPAILLAT. Mr. Speaker, ear- Mr. Secretary, ‘‘a comfortable set- individuals in Los Angeles County. lier, I talked about some of the pro- ting,’’ you said. Public housing often Simply put, the affordability crisis in posed budget cuts that HUD has lacks consistent heat and hot water. California threatens our State’s great brought forward for this fiscal year. That is far from being comfortable. legacy to provide economic oppor- Let me tell you, the American people, Public housing elevators often break tunity for all. what some of the programs are that down. That is far from being com- In Los Angeles, we have seen that, will be negatively, adversely affected fortable. when we target our resources to help by these cuts on a daily basis. Public housing often has no heat and specific populations, we get results and Section 8, a program that provides hot water and mold on the wall. That is we save lives. In 2015, L.A. City housed rental assistance to help low-income far from being comfortable. more than 15,000 people, including 2,600 individuals and families, more than I think my constituent Birdie Glen, veterans and 2,800 chronically homeless 125,000 households in New York City’s age 78, who lives in the Jackie Robin- people, more than any other city in the NYCHA complexes depend on Section 8 son Development with her husband and country. vouchers, 39,000 of which are adminis- great-grandson would disagree with Despite the historic housing shortage tered by the city’s HPD Department. you, Mr. Secretary. She is retired from and a staggering mental health crisis, Approximately half of the voucher re- the Department of Education, and this my city has proven that policymakers cipients are elderly and disabled. is what she had to say: can tackle this problem if we have a Community Development Block coordinated effort at the State, local, If they fix the boilers in the Jackie Robin- Grants help the city enforce housing son Development, the residents would be and Federal levels. quality standards. More than half of more grateful and appreciative. The lack of L.A. is stepping up. So is the State of the city’s Community Development consistent heat and hot water has caused a California. L.A. passed measure HHH, Block Grant allocations support hous- lot of the residents to get sick. Adults as which is $1.2 billion to help individuals ing quality standards funding; 500,000 well as children have been visiting the doc- who are homeless. The California State inspections have been conducted, 8,000 tor’s office more frequently due to getting Legislature passed 15 housing bills and emergency repairs, 16,000 housing liti- sick because of no heat and hot water. a $4 billion bond to be on the ballot in gation cases, and emergency shelters This has become a public health cri- 2018. for 1,000 households, just in 2016. sis as well. During the winter months, But we can’t do it on our own, and we The Low Income Housing Tax Credit, residents experience more illnesses in don’t need the Federal Government to nationally, 90 percent of the affordable the Jackie Robinson complexes be- undermine our efforts by undermining housing is financed through the Low cause the boilers need to be replaced. their role and responsibility at the Income Housing Tax Credit. The Low Another resident, Felicia Rodriguez, Federal level. Unfortunately, our Re- Income Housing Tax Credit and tax-ex- 70 years old, who lives in the Gaylord publican-led Federal Government empt bonds have helped create and pre- Houses, says: doesn’t believe in being a good partner serve over 116,000 safe, quality, afford- In my 2 years living at Gaylord, I have ex- and doesn’t believe in combating able homes in New York City. perienced severe flooding, water damages in unaffordable housing and homeless- These programs will be compromised different areas of my apartment. If we had ness. They have chosen to starve vital and lead to apartments with mold, repairs and upgrades in our development, we agencies like Housing and Urban Devel- chipping paint, leaky pipes, will value our homes and neighborhood. We opment and zero out funding for agen- need to ensure we get the repairs completed dysfunctioning elevators, failing boil- in a timely manner to avoid further damages cies such as the Interagency Council on ers, and leaky roofs. So this is a major to our infrastructure. Homelessness. national crisis. Gaylord has significant leaks due to the Cities like L.A. and States like Cali- Let me share with you some of my pipe damage, brick gaps, roof damage. These fornia need responsible Federal part- constituents’ stories. Now that we have problems affect our health, our hygiene, and

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.081 H08NOPT1 H8650 CONGRESSIONAL RECORD — HOUSE November 8, 2017 economic issues for many seniors in Gaylord referring to, which is public housing. If conscionable and devastating that this development. By making major roof and we could spend $1.75 million to ren- un-American reality persists across the brick repairs at Gaylord White Houses, we ovate the most expensive public hous- country. will eliminate leaks, flooding, and damage to ing unit, the White House, then surely, Yet, instead of working to address the top floors of these apartments. Mr. President, we can afford to guar- this crisis, Republicans have slashed This is a public health crisis. antee safe homes for public housing funding, mind you, for housing assist- Let’s talk, Mr. Speaker, about public residents. ance programs to their lowest level in health and mold. If President Trump can spend $291,000 40 years. In the Republican fiscal year In every city, there is an aging public on office walls, then America’s 1.16 mil- 2018 budget, there are over $200 billion housing development complex, and a lion units of public housing should in cuts from programs that everyday lack of investment for decades means have walls free of mold, like the one we families depend on, like SNAP, agricul- that many buildings pose great, great see right here, and other safety haz- tural subsidies, and housing assistance. health risks to the residents. In New ards. Unlike the White House, residents What is worse, the Trump budget York City, a majority of NYCHA build- of public housing cannot afford lavish slashes the budget of the Department ings are more than 60 years old. Public renovations. They depend on us, and we of Housing and Urban Development by housing authorities have endured dec- must not fail them. nearly 15 percent. The Secretary of ades of Federal disinvestment. For Mr. Speaker, I yield to the gentle- HUD, I guess, supports this, which is many, a lack of affordable funds means woman from California (Ms. LEE), my mind-boggling because he is charged that repairs have spiraled out of con- distinguished colleague. with developing housing strategies so trol. Some units are so damaged that Ms. LEE. Mr. Speaker, first let me that everyone can have decent, afford- they cannot be lived in. thank Congressman ESPAILLAT for able housing. To cut it by 15 percent Citywide, there are 2,300 NYCHA yielding and for his tremendous leader- makes no sense. units that are vacant, and many need ship and advocacy to ensure that our This endangers the livelihoods of extensive renovations to become safe communities have access to affordable millions of low-income seniors, people homes again. Not only is the lack of housing, regardless of their income, re- with disabilities, families with chil- Federal investment hurting the num- gardless of their background. I want to dren, veterans, low-wage workers, fam- ber of public housing units available, thank the Congressional Progressive ilies living with HIV and AIDS, which but vacant units almost always make Caucus and him for leading this Special they all depend on affordable housing public housing less safe for current Order tonight because it is so impor- programs. residents. tant that the public really understand Our Progressive Caucus colleagues Speaking to DNAinfo, Jisele Hearne the issues that we are dealing with and I are here tonight to say that, real- elaborates how vacant units make the here in Washington, D.C., on behalf of ly, enough is enough. We demand af- Harlem River Houses less safe: ‘‘Of the American people. fordable housing for every person in course, we are worried. Anyone can Tonight, of course, we are calling on our Nation, regardless of who they are come in and you don’t know what they the Trump administration and our col- and where they live, and we are not are going to do. They can . . . leave the leagues across the aisle for greater in- giving up. gas on. It’s not safe living someplace vestments in affordable housing, in- Earlier this year, I introduced a rent- where nobody is monitoring.’’ cluding in public housing. ers’ bill of rights. It is H. Con. Res. 74, Harlem River Houses has been Affordable housing should be a basic which affirms that all renters have the plagued with mold for many years, and right. No one should have to choose be- right to safe, decent, and affordable units on the top floors have remained tween placing food on the table or pay- housing. It calls for greater enforce- uninhabited. ing their rent, especially not in the ment of antidiscrimination laws that Mold affects 328 NYCHA properties, wealthiest country on Earth. Sadly, protect communities of color from bur- and the situation has only worsened right now, our country is in the midst densome regulations. It calls on Con- after Hurricane Sandy. That was in of an affordable housing crisis. Half of gress to increase funding to protect 2012. We need capital investment not all families in this country are forced every American’s right to livable and just to eradicate the appearance of to spend more than 30 percent of their affordable housing. mold; we need to address the root cause hard-earned income on housing. So as a member of the Appropria- of that. We need to replace leaky roofs, Over 38 million families struggle to tions and Budget Committees, I am crumbling pipes, and all ventilation pay rent and put food on the table committed to advancing the American systems to make sure the mold is gone every day because they pay more than Dream for all, and that is affordable forever, for good. one-third of their income on housing. housing. People deserve to have a de- Right now there are only 12 counties in cent and safe place to live to raise b 1815 the entire country where a minimum- their families. The health of children, families, and wage worker is able to afford a modest So to everyone across the country seniors is at stake. The CDC reports two-bedroom apartment. who worry about paying rent or wheth- that exposure to mold can lead to Simply put, the housing crisis in er they can finally, at the end of the coughing, wheezing, eye and skin irri- America has reached epidemic propor- day, buy a home, I say: Keep raising tation in otherwise healthy people. tions. It is really a state of emergency. your voices and keep bringing what we For small children, exposure to mold Nowhere is this epidemic more evident call street heat to defend your commu- may lead to asthma, leading to absen- than, for example, in my own district. nities, because you have got allies in teeism in the schools. For vulnerable The average renter in Oakland, Cali- the Congressional Progressive Caucus. residents, such as seniors or small chil- fornia, for example, would be forced to You have got them in this House of dren, mold may lead to much more se- spend a staggering 70 percent of their Representatives, especially Democrats. rious medical conditions. income on housing if they were to We are not going to give up fighting for The government is the landlord of move today—70 percent—and many are you. public housing complexes across the being forced out. I want to thank Congressman country, and we cannot expect public In Oakland, the number of homeless ESPAILLAT for holding this Special housing residents to deal with condi- individuals increased by 25 percent this Order tonight because I think the pub- tions that would be deemed unaccept- year to more than 2,700 people. In all of lic, given this crisis—and it is a crisis, able in the private market. It is our my county, Alameda County, the it is an epidemic, it is an emergency— solemn duty to make sure that public homelessness population has increased people need to know we are here fight- housing residents have homes that by nearly 40 percent in the last 2 years ing for them, and we are going to con- allow them to lead healthy and produc- to more than 5,600 people. tinue fighting until everyone in Amer- tive lives. Now, these people have settled into ica has a decent, safe, and affordable If we can afford to spend $1.75 million encampments with all of their fur- place to live. remodeling one unit in public hous- niture and belongings across the Mr. ESPAILLAT. Mr. Speaker, I ing—that is the White House that I am streets of cities in my district. It is un- want to thank the gentlewoman from

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.082 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8651 the State of California for her eloquent to chance or whims of the market, we not be pushed aside every time a specu- words. must be intentional about funding af- lator or developer thinks that a build- Mr. Speaker, I would like to high- fordable housing. ing, a block, or a neighborhood could light another factor that contributes We already have a housing stock of be worth more money. to the problem of the lack of affordable 176,000 units of public housing in New For neighborhoods that have already housing, and that is the decreasing af- York City alone. That is the lifeline of gentrified, public housing is the only fordability crisis in New York City. hundreds of thousands of residents, but standing thing between them and dis- Historically, New York City was it is in dire need of investment. placement. They are the lifeline for built on inclusivity, and it is here that If we care about diversity and care many tenants, and unlike market rate people from all walks of life come in about inclusion, we must put our housing, they will not raise rent on and they coexist. It is this diversity money where our mouth is and we their residents when the neighborhood that contributes to the success of this must repair and preserve public hous- improves. great experiment called America, this ing for a future of increasingly expen- This is paramount. This is para- great experiment called New York sive cities. mount for many low-and fixed-income City. It is young people moving here Another aspect of the lack of afford- New Yorkers because they are not fur- from Tennessee and immigrant fami- able housing and the income gaps af- ther burdened for not abandoning their lies from the Dominican Republic, like fecting New York City is the dynamic homes. my family, for their own American of gentrification. Mr. Speaker, I have b 1830 Dream right here in New York City. the distinct honor of representing Har- And New York City’s success is one lem, which recently was—there was an And the displacement continues to piece of the national picture of urban- attempt to change its name to SoHa by occur in New York City, Madam Speak- ization. speculators, people who want to turn er. It is a harsh reality after tenants on This enormous change in cities Harlem, a traditional iconic neighbor- the private market are evicted, bought across the country includes an influx of hood of New York City, into something out, or cannot afford a rent increase. more people, often young and from di- else. After losing their home, families have verse backgrounds. This means we need There are Harlems in every State few choices. Some families end up in the visionaries in expanding our hous- across the country. There are Harlems overcrowded apartments, if they are ing supply, especially our affordable in every country around the world. lucky, living with another family housing supply. Harlem is a personality. It is an atti- member or living with a stranger. Mr. Speaker, that is why we are here tude. Harlem is for those who feel that David, who is a Mexican immigrant, today, to highlight on this national perhaps they don’t have a voice but lives in Washington Heights. He lives crisis of a lack of affordable housing. they want to fight to get to another with 12 other people in a 750-square- America has a housing crisis—an af- level. That is Harlem. It is a spirit. foot section of the basement. Another fordable housing crisis. Working and Harlem, which, during the latter half 14 people live in the other half. middle class New Yorkers have felt the of the 20th century, was plagued with He explained, speaking to New York brunt of fewer options available on the crime and abandonment, is now falling Magazine, that, for $100 each, they get market. victim to its own success. Rents have 40 square feet, a children’s bunk bed, Countless middle- and low-income risen and many long-term residents and a refrigerator salvaged from the families cannot afford to live in the have been displaced. trash. Their basement is hard to move neighborhoods they have known their The same is happening in Washington around in and impossible to walk any- entire lives. They must give up living Heights, Inwood. Neighborhoods that where but to the leaking bathroom close to jobs, schools, familiar neigh- saw over 100 homicides every year and down the cramped hall or to the small bors, and everything else that defines that now are down to low single digits living room with the scavenged sofa. their community. are seeing a dramatic increase in rent The basement costs David and his 27 The very foundation of our city is and affordability; and many folks who roommates almost $3,000 a month. threatened when households must have been living there for decades, like This is not an uncommon experience. make difficult choices between basic my family, are now having to make Citywide, two-thirds of all Mexicans necessities and rent. That is truly a tough choices of whether they remain live in overcrowded conditions. David fight for the soul of our neighborhoods, in the neighborhood that they love or described his journey and realization of our cities; and they are often forced to have to move somewhere else. what living in New York City would be leave these houses and communities. Even among those who remain, they like for him: This is not a crisis that affects only still face additional challenges because From the airport, I went to my brother’s a few. It impacts many New Yorkers. the neighborhood they have known for place in Washington Heights. He was living Sixty-nine percent of New Yorkers rent so many years now feels unfamiliar. with his child and pregnant wife, along with their homes, and nearly half of renters For many, the fear of displacement is another couple and their kid—six people. I struggle to pay rent every month. ever-present. was the seventh. In only one room. Many are one unexpected bill away Mrs. Gwen Walker, a resident of the America should know this: there is a from debt or eviction. General Grant Houses in Morningside public housing and affordable housing While this situation is dire for those Heights since the 1950s, was speaking crisis across the country, and HUD pro- struggling to pay rent in their apart- to The New York Times when she poses to dramatically cut the programs ments now, there are virtually no op- shared her thoughts on displacement, that guarantee the services for this tions for low-income New Yorkers. saying the following: ‘‘But the feeling housing. Minimum-wage workers will need to is, ‘What am I going to do? Where are David also experienced the loss of his have three full-time jobs or work at we going to go?’’’ home and an understanding that his least 119 hours per week to be able to Gentrification was a frequent topic of place in the city is always vulnerable. afford a two-bedroom apartment at conversation among Mrs. Walker and This is all happening, Madam Speak- market rate. her neighbors. er, while Republicans continue to de- Not only is it physically impossible, So I continue to highlight the fact vise, to plan, premeditatedly, to plan but we should not ask that of workers that not only do we have a public hous- their tax reform that will give the rich, in our city. The crisis of affordability ing crisis, not only does that lead to a the 1 percent, a handsome tax cut nationwide will not vanish if ignored. public health crisis, but also the sky- while punishing the middle class and So long as New York’s economy is rocketing cost of living has created working class sectors of America. thriving, rents won’t plateau or fall on gentrification, has made it very dif- There is only one unit of public hous- their own. Developers will continue to ficult for working people—the engine ing that is worth over $390 million, eye aging buildings for redevelopment of the economy of the city—to make Madam Speaker, and it is the White and build new luxury apartments. ends meet. House. The White House does not have Rather than leave the creation and These residents are worth protecting, mold. The White House does not have preservation of affordable housing up and low-income New Yorkers should crumbling pipes. The White House does

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.084 H08NOPT1 H8652 CONGRESSIONAL RECORD — HOUSE November 8, 2017 not have severe water damage or asbes- lic housing residents. HUD’s capital And, for me, that principle, that tos because the White House is not backlog of $26 billion cannot be added value of neighbor helping neighbor is plagued by disinvestment. to. We must be responsible and take really what the nutrition title of the President Trump does not pay rent, hold of this challenge. farm bill is all about. And the most ap- and he is not in danger of being priced For the public health of our constitu- propriate place for the nutrition title out of his neighborhood. And yet Presi- ents, to preserve the American Dream, and our nutrition programs is in the dent Trump and congressional Repub- I urge my colleagues to vote and make farm bill because, after all, there is not licans are proposing to strip cities of affordable housing a priority. a calorie that is consumed within the their ability to create and maintain af- Madam Speaker, I yield back the bal- nutrition programs that is not raised fordable housing for those who most ance of my time. by a farm family someplace. desperately need it. The SPEAKER pro tempore (Ms. So this evening, we really want to The Ryan-McConnell tax bill is a lie TENNEY). Members are reminded to ad- take some time and zero in on what we that is being sold to the American peo- dress their remarks to the Chair and call D-SNAP within the nutrition title. ple as a promise, a promise that claims not to a perceived viewing audience. SNAP stands for the Supplemental Nu- that everyday Americans will benefit f trition Assistance Program, Madam and see more dollars in their pockets. FOOD SECURITY IN AMERICA Speaker. But it is a scam; it is a shell game; and At one time, it was called food it will make richer the rich and leave The SPEAKER pro tempore. Under stamps. That was many years ago. everybody else behind. the Speaker’s announced policy of Jan- That still gets tossed around. But it is The proposed tax plan eliminates uary 3, 2017, the gentleman from Penn- really the SNAP benefits today. It is funding for low-income housing tax sylvania (Mr. THOMPSON) is recognized supplemental. It is assistance that credits, which are responsible for many for 60 minutes as the designee of the comes after an individual or a family, affordable developments. The need for majority leader. whatever resources they put towards affordable housing is ever growing, and GENERAL LEAVE their own foods needs. Obviously, it is the low-income housing tax credit Mr. THOMPSON of Pennsylvania. what their family can assist them with must be expanded, not eliminated, to Madam Speaker, I ask unanimous con- and it is what their community can as- keep up with demand. For New York- sent that all Members may have 5 leg- sist them with, whether that is their ers, every dollar in their paycheck islative days in which to revise and ex- church or another civic organization matters when it comes to being able to tend their remarks and include extra- or, perhaps, a food bank. pay rent. neous material on the topic of this Spe- We also have nutritional programs Removing the State and local tax de- cial Order. called TEFAP that provide food and duction, called SALT, places an unfair The SPEAKER pro tempore. Is there food commodities to our food banks as double tax on State residents. States objection to the request of the gen- well. That can be the subject of an- who choose to provide high-quality tleman from Pennsylvania? other evening to talk about. services through taxation will be un- There was no objection. Tonight, we want to talk about D- fairly punished. This unjust punish- Mr. THOMPSON of Pennsylvania. SNAP. Those are specific benefits that ment will be felt mostly by those who Madam Speaker, I rise today as the come at times of disaster. live paycheck to paycheck. vice chair of the House Agriculture We know that our country has been In some neighborhoods in New York Committee and chair of the House Ag- really overwhelmed with disasters. We City, residents spend as much as 80 per- riculture Nutrition Subcommittee. have seen, obviously, hurricanes in the cent of their income on housing and We are currently working on a farm Texas and Louisiana area. We have transportation. Removing the State bill, and the farm bill has legislative seen hurricanes in the Florida and and local tax deduction means that policy that really has multiple pur- Georgia area. We have seen multiple families who already make tough deci- poses. One is to make sure that Ameri- hurricanes in Puerto Rico and the Vir- sions about food, rent, and other bills cans have food security, they have ac- gin Islands. We have seen wildfires that now have fewer dollars in their pockets cess to affordable, high-quality, and have taken homes and lives, dramatic to make those decisions. safe food. Also, though, it is just as wildfires, intense wildfires, burning en- For families that have saved up much about making sure that we have tire neighborhoods and communities in enough to participate in the American a vibrant, rural economy, Madam both California and Oregon, specifi- Dream of owning their home, they no Speaker. cally. longer will be able to use the mortgage Within the farm bill, there is the nu- So, this evening, I want to spend a interest tax deduction to help them fi- trition title. Tonight, I want to spend little bit of time talking about those nance their homes. For many hopeful some time talking about the nutrition D-SNAP disaster programs. I am very families, eliminating the mortgage in- title and the importance of that nutri- proud about the programs that are au- terest tax deduction closes the door to tion title. Obviously, nutrition mat- thorized through the House Agri- that opportunity. ters. We know the health benefits from culture Committee, through the farm The low-income housing tax credit, getting access to nutritional food. bill, through our work. the State and local tax deduction, and Madam Speaker, there is kind of a We are working on a farm bill right the mortgage interest tax deduction value I grew up with growing up in a now. This next one expires in October are the foundation from which we can rural community. Madam Speaker, I of next year, 2018. But because of the build affordable communities. We will say that one of the worst parts about rural economy, we feel it is very impor- not give in to the GOP tax scam; we growing up in a small, rural commu- tant that we do that ahead of time, and will not play in a shell game; and we nity is, quite frankly, everybody knew we are hoping to accomplish that soon, will not give billionaires even one more your business. If you did something in the months to come. We will see how dollar. America deserves a better deal. wrong, before you got home, Mom and that works out. Madam Speaker, I close by saying Dad probably already heard about it. We have got a lot of work to continue that, in my home State of New York, Now, I have to say that was the worst to do on it, but that is our goal. The the Empire State, and particularly in part. rural farm economy, farm income, has my district, for the last 75 years, it has The best part about growing up in a been down by 50 percent for a number been represented by two giants: first, rural community is that everybody of years, so this would be a really posi- by the late and great Adam Clayton knew your business. And when a family tive thing for rural America to be able Powell, Jr., who made history right had a need, whether there was a crisis to accomplish this farm bill. here in these Chambers; and for the of any type, an emergency, neighbors So tonight we want to talk a little last 46 years, by the ‘‘Lion of Lenox stepped forward. Neighbors helped bit about, specifically, food assistance Avenue,’’ Charles B. Rangel. neighbors. They stepped forward, for disaster relief, otherwise referred to Underfunding of affordable housing whether it was support, love, financial as D-SNAP. in that district starves public housing support, food, physical assistance, Madam Speaker, there is nothing and is compromising the health of pub- whatever that might be. more important than providing food

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.085 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8653 when people find themselves suddenly ters we have faced in the States and tribution program, in which food banks and often critically in need following a how these programs that are made and voluntary organizations utilize the storm, an earthquake, a flood, obvi- available through our work in the Ag- household-size USDA foods, such as ously, a hurricane, a wildfire, or any riculture Committee have really been those offered in The Emergency Food other disaster emergency. It is hard there to serve our neighbors in need. Assistance Program, what we refer to enough if you have lost your home or When a disaster is anticipated, an as TEFAP, to build and distribute food you have lost your place of employ- FNS best practice is to work with the boxes to families. And, of course, the ment. You shouldn’t need to worry State agencies and potentially im- Disaster SNAP that I made reference about where your next warm meal is pacted areas to determine what flexi- to. D-SNAP is one of many types of coming from. That is what our D- bilities are most needed. food assistance for disaster relief. SNAP, or our food assistance for dis- Madam Speaker, some of these waiv- The D-SNAP is a streamlined version aster relief, does. ers and flexibilities, they range from of SNAP that provides temporary—and I am very proud, as I started to say, early issuance of SNAP benefits; to that is important to understand—food of the Agriculture Committee and our SNAP automatic mass replacement; assistance for households not currently role within oversight authorizing these and extension of time to report food receiving SNAP who are affected by a programs. But I am also very appre- loss, food loss that was purchased with natural disaster. Areas with a Presi- ciative of the very dedicated individ- SNAP benefits, food that was supple- dential designation of a major disaster uals who work at the United States De- mental to assist families and individ- with individual assistance are eligible partment of Agriculture and, specifi- uals in need; a SNAP hot foods waiver. to operate a D-SNAP. States have to cally, the Food and Nutrition Service, Normally, the food under the Supple- request approval from FNS to operate referred to as FNS, under the leader- mental Nutrition Assistance Program a D-SNAP in such an area. ship of the Secretary of Agriculture that is purchased, taken home, is nu- The timing of the D-SNAP varies Sonny Perdue. tritional food and prepared to be able with the unique circumstances of each Over the past several months, we to serve, and normally hot food pur- disaster, but always begins after the have had a number of natural disasters chase is not allowed. commercial channels of food distribu- that everyone is well aware of. They When people have lost their homes, tion have been restored so eligible fam- have devastated parts of our Nation, when they have lost those types of crit- ilies can purchase and prepare food at from Hurricanes Harvey, Irma, and ical assets, and in the middle of that, home. Maria to the wildfires on the West being able to have that waiver to be D-SNAP programs are often paired Coast. USDA’s Food and Nutrition able to go to where there is food that with supplements for the ongoing case- Service, FNS, has worked diligently to has been cooked, whether it is a con- load to bring their benefits up to a ensure that those impacted by these venience store, whether it is a fast food maximum amount. disasters have enough to eat. restaurant, although normally not a Finally, of the food assistance dis- b 1845 place that is approved for SNAP bene- aster programs, the final one, just Now, working in close coordination fits, we recognize that may be the only briefly, and the eighth one, is infant with the Federal Emergency Manage- warm food available, given when you formula and food. USDA, through FNS, ment Agency, or FEMA; our State are in the middle or immediately fol- can make emergency procurements of partners; and volunteer organizations, lowing a disaster, and so those waivers infant formula and foods for 96 hours FNS has not only ensured that individ- are provided. after a Presidential declaration and uals participating in our regular nutri- Special Supplemental Nutrition Pro- upon request by FEMA or a State agen- tion assistance programs continue to grams for Women, Infants, and Chil- cy. With these State agencies, local receive the nourishment that they dren, or the WIC program. FNS has the supplies of these products and similar need, but also that other populations ability to grant flexibilities and substi- items provided in FEMA’s infant and affected by the disaster have access to tutions in WIC to disaster-stricken toddler kits are typically utilized first the food. States on items such as fluid milk, before FNS receives a request for these Madam Speaker, under the authority bread, juice, cheese, eggs, basic staples, products. that is provided through the farm bill, for example, when regional demand and These are all examples of great pro- and specifically section 301 of the Rob- the supply chain disruptions are grams. When American families are hit ert T. Stafford Disaster Relief and present. by these natural disasters to a signifi- Emergency Assistance Act, through Child nutrition programs. FNS al- cant level where Presidential declara- USDA, we are able to provide adminis- lows for a number of flexibilities dur- tions of natural disasters are declared, trative flexibilities, including waivers ing disasters, such as allowing disaster- through the Agriculture Committee for program requirements in cases of affected schools and institutions to and mobilized through the United Federal major disaster declarations, provide meals to all children at no cost States Department of Agriculture, and which we have seen so many of those in and to be reimbursed at the free reim- the programs that we authorize under the past few months. bursement rate for a limited period of that agency, this is how neighbors help We were able to provide technical as- time when a geographic area is heavily neighbors in need. sistance to State leaders in impacted devastated by a declared disaster emer- Madam Speaker, I thought I would areas to assist them to determine what gency and where the normal processes just touch briefly on a few of the pro- flexibilities or waivers are best suited of food provided in the home has been grams, some of the experiences of how for the stage of the disaster at hand. disrupted. All these things and so much American families have been assisted Requests for waivers and flexibilities more, Madam Speaker, are part of this. through these programs, starting with are submitted to FNS by State agen- We also have a disaster household August 25, 2017, with Hurricane Harvey, cies. That is where the need is deter- distribution which is a part of the pro- where it struck Texas. mined by when those declarations are gram. That is high quality, nutritious, Madam Speaker, we are all familiar made. For example, waivers for school 100 percent American-grown-and-pro- with the scenes as we watched the un- meal program operations are requested duced food. USDA foods are distributed paralleled, just Biblical proportions of by the State department that oversees to food banks and other partner organi- rain, 5 feet of rain in just a number of the school meal program. And waivers zations. days. from the Supplemental Nutrition As- In times of disaster, especially when Texas was provided through this pro- sistance Program, or SNAP, as we have disaster-affected populations do not gram, Supplemental Nutrition Assist- talked about, are requested by the have access to congregate feeding, in ance Program, or SNAP, a Disaster SNAP State agency. other words, coming together to be Supplemental Nutrition Assistance So these flexibilities and waivers in able to get their food, they are in iso- Program in 39 counties that were im- food aid programs are provided at dif- lated communities and/or grocery pacted by Hurricane Harvey. FNS also ferent stages in the disaster. stores are not operating because of the approved the State request to issue In just a little bit, we are going to disasters, a State agency may request automatic supplements to ongoing talk about some of the different disas- to operate a disaster household dis- SNAP households in 39 counties that

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.087 H08NOPT1 H8654 CONGRESSIONAL RECORD — HOUSE November 8, 2017 received a Presidential declaration of over the country in hurricanes, and due to great concerns about additional disaster for individual assistance. FNS even in my own backyard with the failure of the dam. approved the automatic issuance of 2 wildfires that we have been hearing So the ability to have this available, months of disaster supplement bene- about in the West in general, in my should the timing be right, and the fits. own district, where several have af- qualifications for it being deemed that On September 1, FNS, USDA, ap- fected us very negatively, and adjacent type of disaster, indeed is a comfort for proved a policy to provide States with areas of northern California and the a community when basic needs like flexibility to serve Hurricane Harvey wine country, indeed in southern Cali- putting food on the table during crisis evacuees, States that had chosen to ei- fornia as well. after a disaster come into play; wheth- ther serve evacuees through expedited So the flexibility that has been need- er it is fire, as was declared here, or it SNAP rule or through the simplified ed, as we found in the SNAP programs could be possible flood and evacu- program rules in the evacuee policy, through what is known as D-SNAP, ations, things of that nature, that people who have relocated from their which is Disaster and Supplemental make this a good part of an integral homes. Nutrition Assistance Program, has part of keeping a community fed and Additionally, on September 1, they been very helpful to many in northern together. issued an automatic mass replacement California and even southern California So I appreciate Mr. THOMPSON allow- of August SNAP benefits in 29 declared counties as well. ing me to speak here tonight and to be counties. These mass replacement ben- So when the California Department able to point out how this has worked efits were issued to replace food that of Social Services requested the D- in northern California during just this was purchased with August 2017 SNAP SNAP to be put in place, the Food and last month in these horrendous wildfire benefits but was all destroyed by the Nutrition Service did, indeed, grant situations we have seen in so many hurricanes, the rain, the flooding as a that in several instances, including Oc- counties. I thank the gentleman for part of that natural disaster. That is tober, and more so in northern Cali- leading this tonight and for his atten- just an example. fornia, but in other instances as well in tion to this. Additionally, Texas received a hot this case, indeed, as Mr. THOMPSON so Mr. THOMPSON of Pennsylvania. foods extension notice. That allowed well explained earlier in tonight’s Spe- Madam Speaker, I appreciate the gen- the State’s hot foods waiver request to cial Order. tleman’s leadership on the Agriculture allow recipients to purchase hot foods Due to power outages from the fires Committee. and hot food products prepared for im- knocking out power, we have food loss Really, I think sometimes we take mediate consumption with their bene- and spoilage due to those power out- for granted basic essentials, such as fits at authorized SNAP retailers. As I ages, as well as other instances, and food. Normally, these programs are for mentioned before, that is normally not even the ability for people to buy food. people who are, for temporary reasons a part of the SNAP program, but, given Maybe their home is okay, but they or economic reasons, unemployed, un- the recognition, an incredibly impor- wouldn’t have the markets available to deremployed. We are trying to help tant part of that. them in their community to buy food give people a pathway to greater oppor- Another example of application with that they need locally. So the D-SNAP tunity through job training and those Hurricane Harvey in Texas, USDA, program has given the flexibility and types of things. through FNS, approved Texas to oper- the ability to source it and have it But when disaster occurs, your life ate a disaster household distribution available after these families have suf- changes overnight. So I am very proud program really to address immediate fered losses, including the waiver for of the work that we do, of the fact that food needs. Packages containing USDA some folks who don’t have the ability we are there for all of our neighbors in foods were distributed by local feeding to produce and prepare hot food, where, both rural and urban America; when organizations to over 23,000 households, in that case, families can have fairly they find themselves in a situation beginning September 8, for up to 4 normal meals in a time of crisis that where they are dealing with loss of a weeks. is, indeed, a comfort for them and a home, or the loss of a place of employ- Then there was a partnership as well, positive that the flexibility of the pro- ment, or delays of going to work, or Madam Speaker, where Texas and the gram has made available for them. schools being closed, that we really are Salvation Army used USDA foods to So, indeed, destroyed homes due to in a position to be able—they shouldn’t prepare and serve 100,000 meals to those fire, the power outages that have ex- have to worry about that next warm in need. tended to so many areas and for so long meal. FNS informed Texas that it could use have, indeed, caused these crises for Natural disasters do come in all—we The Emergency Food Assistance Pro- families here. The flexibility of this just talked a little bit about the gram, or TEFAP, USDA foods to pro- program, as Mr. THOMPSON has pointed wildfires. Certainly, Oregon also is a vide meals at food pantries and food out here tonight, has been very helpful State that has been the scene of kitchens to people in need who couldn’t in that time of disaster and relief that wildfires and, specifically, received reach larger disaster feeding organiza- is needed, and the compassion that FNS, disaster and nutrition assistance tions but who were able to gather at comes from people helping each other in the form of child nutrition pro- small local organizations. Those are in these times and these instances grams, not just from the flames, but just a few examples in Texas. where we have had so much vol- from the smoke, with advisories due to Madam Speaker, I want to fast for- unteerism, people stepping forward to smoke advisories, qualifying air qual- ward to probably a month or so later, help others in times of crisis, but you ity alerts, allowing for what we call October maybe, because disaster comes need that little extra push sometimes non-congregate meal service, normally, in all shapes and sizes, and some of the that this program can be helpful for. through a summer food program, basi- devastating wildfires that we had, spe- So I appreciate the FNS stepping for- cally getting food out to those fami- cifically in California, also reaching ward and approving what the Cali- lies, to those kids so that they are— into Oregon. fornia Department of Social Services you don’t want to be traveling through Madam Speaker, I yield to the gen- has looked at as, indeed, worthy dis- that heavy smoke. tleman from California (Mr. LAMALFA). aster relief that has been needed in We are all too familiar with another I am really pleased to be joined this these areas. form of natural disaster, and that is evening by my good friend and col- hurricanes. We have citizens on a won- league. b 1900 derful island, Puerto Rico, that was hit Mr. LAMALFA. Madam Speaker, I It wouldn’t just apply to wildfires as by not just one but two hurricanes in a thank my colleague from Pennsyl- well, where we have had so much hit- short period of time, Hurricane Maria vania, Mr. THOMPSON, for yielding. I ting California this year, northern and Hurricane Irma. appreciate his efforts tonight in point- California especially. We had the issue I am joined this evening by a friend ing out the nuances of the SNAP pro- of a possible flood and the crisis at and a colleague who represents all gram and what it means in a disaster Oroville Dam, when the spillway broke those many United States citizens liv- situation, such as what we have had all and 188,000 people had to be evacuated ing on the island of Puerto Rico, Miss

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.089 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8655 JENNIFFER GONZA´ LEZ-COLO´ N. I thank to Rican Nutrition Assistance Program talked a lot about the power disruption the gentlewoman for joining us this in the second supplemental bill for the and how that certainly impacts nutri- evening. disaster relief that was approved here. tion, but it impacts quality of life and Madam Speaker, I yield to the gen- However, we still need, of course, a lot everything. We take it for granted. We tlewoman from Puerto Rico (Miss of help. We still know that there is a take it for granted. GONZA´ LEZ-COLO´ N). long way to recover ahead of us. So the gentlewoman’s leadership to Miss GONZA´ LEZ-COLO´ N of Puerto Most of the challenges we are facing her constituents is just very impres- Rico. Madam Speaker, I thank the gen- now are because of the lack of power, sive. They are fortunate to have her, tleman, my friend, for allowing me ac- the lack of electricity. Our people are and I am fortunate to be able to call tually to speak about what is hap- struggling due to not having access to her my friend. pening in terms of the USDA—the De- their nutritional assistance benefits I think we do have a friend in terms partment of Agriculture—and all the because there are still many stores of Secretary Sonny Perdue—a mutual food programs on the island in terms of that remain without power and they friend. He and the staff at the Depart- disaster, as the gentleman was explain- cannot process the benefits through ment of Agriculture are really com- ing, how these programs work with the the electronic benefits system. mitted to serving our citizens, serving disaster. If the benefits are not used, in the our families. They have been so As we speak, Puerto Rico’s still has case of Puerto Rico, for a 60-day period, proactive in these overwhelming nat- 60 percent of the island without power. they are going to be removed from in- ural disasters that have gone from As we speak, less than 20 percent of our dividual accounts, and then returned to coast to coast, and in the Caribbean, island is having actual running water, the Nutrition Assistance Program. and just everywhere we turned around, problems with communications. So that is one of the issues we are and they were absolutely devastating. The first thing people will say is lack still working with the Department: So as someone who does serve on the of electricity. They will say the lack of American citizens losing access to Agriculture Committee, I take a lot of a proper home, when you have got funds allocated for them to mitigate pride in the fact of seeing what we more than 60,000 homes that just lost food necessities. work on each and every day in terms of their roof or even are having a lot of I would like to encourage the Depart- authorizing programs, to watch those damages. ment of Agriculture to take these dif- get implemented and watch those real- So in that regard, the nutritional as- ficulties into consideration and explore ly make a difference. sistance provided by the U.S. Depart- more avenues for remedial action, be- The gentlewoman had mentioned the ment of Agriculture for disaster relief cause I know nobody expected an is- hot food waiver, the first one being ap- in Puerto Rico has been indispensable; land or a territory to be, after 49 days, proved through October, November. it has been important. Actually, the without power. My people are helpless With the power being out, I certainly would support the gentlewoman’s re- continuous communication the Gov- against the lack of electricity, yet they quest made to the Department of Agri- ernment of Puerto Rico is having with stand to suffer greatly because of it. the Department of Agriculture has Additionally, the Government of culture to continue that. That is not been the first time, I think, during a Puerto Rico had to request two hot something we normally do. As I explained, we all know that nor- disaster in this magnitude. foods waivers to allow the purchase of mally, under SNAP, in particular, it is We are living the 49th day after the hot foods using Nutrition Assistance food that we purchase, and then take it hurricane. To make matters worse, for Program benefits. The first one was home and prepare it. But if you are most of our people, the lack of power graciously approved by the Secretary, without electricity, that is pretty and the lack of water is just a fraction and I hope the second one that has al- tough to do. of the issues. I mean, we have still got ready been received will be also accom- Miss GONZA´ LEZ-COLO´ N of Puerto a lot of schools that haven’t returned modated. Rico. It is difficult. I just rode out the to impart classes. So that means that Saying that, I want to thank person- hurricane down there. We never expect you have a lot of kids in their homes ally Secretary Perdue and all the peo- to experience something like this. without going to school, and a lot of ple working with FNS, USDA, and the So this kind of program, the disaster several structural damages in the Department of Agriculture, who have program, is very important not just for homes, businesses, communities, all been visiting the island, dealing with territories, but for States. You will around the island. The amount of farmers, dealing with the local offi- never know when something like this flooding, roads and bridges that got se- cials. Of course, I just request that the will happen to you. rious damage or lack functionality is agency remains sensitive to the chal- The gentleman is thanking me, but staggering at this time. So the nutri- lenges that 3.4 million American citi- you know what? I am receiving all tional assistance was a concern since zens are facing on the island. For that, these opportunities and help because I before the hurricanes. I am thankful, I am grateful. count on people like him to actually I need to say that I appreciate Sec- Madam Speaker, I thank Congress- help me out, reaching the agencies, retary Perdue having a call with me man THOMPSON for allowing me to be doing the amendments, and the votes and different conference calls regard- here. I know this is not the first time that are needed to approve that kind of ing different programs. First of all, 9 of that he is actually fighting for this. He relief bill that was here. I couldn’t vote the 11 programs for disaster in the De- has been a lone leader in that regard, for that. Even though I represent 3.4 partment of Agriculture, in terms of and I want to join him in that effort. million American citizens, I could not the farmers, the territories, will never Mr. THOMPSON of Pennsylvania. vote, but the gentleman did. So this is apply because we are not, in fact, al- Madam Speaker, I have to say it has a team effort, and there is a long way lowed to apply. He made it happen. He been very impressive. In the middle of to recover. I hope it is going to end used flexibility to allow Puerto Rico to that hurricane, I know that I commu- here. access those programs in terms of the nicated with the gentlewoman by text, Again, I thank the gentleman for all farmer disaster assistance, and I appre- and she was what we call where I am he has been doing in the committee—in ciate that. from ‘‘hunkered down.’’ But she has both committees, actually. I know we That happens also with the USDA been there for the people she represents can, as a team, work out so the people programs. The USDA officials have every moment since. I mean, the gen- of Puerto Rico may recover soon. been in contact directly, not just with tlewoman was in the middle of that, Mr. THOMPSON of Pennsylvania. my office, but with the Governor of and has been there, and has been reach- Madam Speaker, can I inquire as to Puerto Rico, with the local officials ing out and building relationships with how much time remains? since early on when this problem was individuals like Secretary Perdue and The SPEAKER pro tempore. The gen- hitting the island. As a matter of fact, the staff from the Food and Nutrition tleman from Pennsylvania has 19 min- I was in touch today with them regard- Service, with USDA. utes remaining. ing a lot of the problems. I know we were just in a hearing—the Mr. THOMPSON of Pennsylvania. I am also pleased with the inclusion gentlewoman and I serve together on Madam Speaker, I just want to men- of the disaster assistance for the Puer- the Natural Resources Committee—and tion—because I think we have talked

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.090 H08NOPT1 H8656 CONGRESSIONAL RECORD — HOUSE November 8, 2017 about the wildfires in California and help people’s lives be better imme- But there are individuals who find Oregon. We have heard about the ter- diately following and during the transi- themselves chronically in need, per- rible—the one-two punch, actually, in tion time for a temporary period of haps, because of a significant dis- Puerto Rico with Hurricanes Maria and time following disasters. On September ability, who need to be able to know Irma, and how these programs are 14, FNS approved a request to begin that those programs are there, and to stepped up. disaster household distribution of 25 to rely on them. Then there is another I want to certainly touch on the 30 pounds of USDA food packages in group that we have talked about this other parts of our country where Amer- those Presidentially declared disaster evening, those who wake up one morn- ican citizens have been impacted as areas in Florida for a period of up to 4 ing or in the middle of the night and well. weeks. find that their lives have changed dra- On September 22, several flexibilities b 1915 matically, at least for the time being, requested by the Florida Department because of national disasters. While we are talking about Hurricane of Health were approved to assist Madam Chair, I really appreciate the Maria, I think it is very important to schools and childcare centers, and talk about our U.S. citizens who live opportunity to be able to speak on sponsor organizations that were oper- these issues, and I was very pleased to on the United States Virgin Islands. ating the Child Care Food Program, or This is an area as well where we have be joined by a couple of my colleagues CCFP, and those approvals applied to this evening. been able to mobilize under the author- all 67 counties. ity of the work that we do, and in the Of course, as we mentioned, that Once again, under general leave, I am Agriculture Committee through USDA. same disaster incident in the State of going to be submitting some comments For the Virgin Islands Department of Georgia that was impacted has served by the chairman of the Agriculture Human Services, we are able to receive families there, and individuals have Committee, MIKE CONAWAY, who has a Disaster Supplemental Nutrition As- been served by these programs. FNS done a great job of leading the Agri- sistance Program as well, in the dis- approved the State’s request to issue culture Committee, as well as JIM tricts of St. Croix, St. John, and St. an automatic mass replacement of 45 MCGOVERN, who is a good friend and Thomas. percent of the September 2017 SNAP very passionate about nutrition pro- This is obviously an island that has benefits because of food that was dam- grams. been devastated by Hurricane Maria. It aged, lost, contaminated, and needed to He has a long record of service in this makes it very difficult to deploy re- be replaced in 71 counties in Georgia area, and he and I lead—he is the rank- sources, especially in the interior of is- that were destroyed due to the dis- ing member—the Nutrition Sub- lands, but I really appreciate how the aster. committee. administration proactively anticipated FNS approved the State’s request to Madam Chair, I am grateful for the the disaster was going to occur and extend the time period households had opportunity to be here and to raise staged resources. to report food losses through individual these issues this evening, and I yield As a former EMT, firefighter, and affidavits, giving that flexibility as a back the balance of my time. rescue technician, really to be able to part of the process as well, as well as pre-deploy, to be able to serve those waivers applied to schools and residen- Mr. CONAWAY. Madam Speaker, I rise this American families—they were in a very tial care institutions that operated evening to acknowledge the response of our difficult situation, and including the under the nutritional assistance pro- communities and Federal agencies to the re- work of the tremendous staff at the De- grams. cent hurricanes and wildfires. I would like to partment of Agriculture, and the food Madam Speaker, these are just a few first offer my thoughts and prayers to families and nutrition service, and Under Sec- of the examples. We have heard a lot affected by these tragedies. retary Perdue’s leadership, to be able about disasters. We continue to hear The USDA and FNS play a vital role in pro- to serve these citizens, that is an ongo- about them. We have great first re- viding supplemental nutrition assistance when ing effort. sponders. We have resources, our mili- disasters occur by coordinating with State, There is no doubt about that. Numer- tary, our National Guard. All kinds of local, and voluntary organizations. Nothing is ous aspects of our food assistance for contractual resources have been de- more important that providing food when peo- disaster relief were deployed there, and ployed by the Federal Government, ple find themselves suddenly, and often criti- we just really appreciate the efforts. State governments, and territorial gov- cally, in need following disaster-related emer- In the southeastern United States, ernments. Among those are these nu- gencies. actually in addition to Texas and in trition programs. FNS has worked tirelessly to provide nutri- southwestern Louisiana as well, fami- As we prepare to reauthorize the tion assistance to those affected by Hurri- lies and individuals in Louisiana felt farm bill and to do that here, hope- canes Harvey, Irma, and Maria, as well as the the impact of Hurricane Harvey. They fully, by the end of this year, or the Western Wildfires. Our fellow citizens in received a waiver to allow distribution very beginning of next year, I think it Texas, Georgia, Louisiana, Florida, Puerto in August of the Commodity Supple- is important to take the time to really Rico, the U.S. Virgin Islands, California, and mental Food Program which are food understand what a difference these nu- Oregon have received assistance including packages that were distributed in 2017, tritional programs can make in the automatic mass replacement of benefits, D- and they were provided in an August lives of average-day Americans who are SNAP, free school meals, and waivers, ulti- food package, and a September food facing extraordinary challenges and mately ensuring people have enough to eat in package. So there was assistance under events in their life. their time of need. Disaster SNAP as well there. That was Again, the nutrition programs are As Secretary Perdue has said, each dis- Hurricane Harvey. normally about serving those who find aster situation is unique. The USDA and FNS As we have heard already about Hur- themselves temporarily in economi- have demonstrated their ability to respond to ricane Irma, the tremendous damage cally challenging situations with the each of these unique situations in a timely and that was done impacted individuals and loss of employment, or underemploy- effective way. families in both Florida and Georgia ment, frequently because of no fault of where we saw the supplemental assist- their own. And this supplemental nu- The challenges facing our communities rav- ance program, or D-SNAP, that was trition assistance is to help them get aged by hurricanes and wildfires are unprece- provided to eligible households. Some by. We are also trying to work to make dented. Getting food on the table in a timely of the affected counties were able to re- sure we provide some pathways to manner should not be an additional challenge. ceive 2 months of benefits to meet greater opportunity for those who per- I want to recognize the fortitude of our fellow their food needs while they settled haps would benefit from what I like to citizens as they come together to rebuild after back home following the disaster. call skills-based education to help such devastation as well as acknowledge the FNS also approved an extension of them get a better job and more re- USDA’s diligence in addressing the nutrition- the States’ hot foods waiver, as you sources for the family, to be able to related needs of our fellow citizens. heard about earlier. Those waivers are take care of these needs independently Mr. MCGOVERN. Madam Speaker, the Sup- an important part of what we can do to on their own. plemental Nutrition Assistance Program—

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00058 Fmt 7634 Sfmt 9920 E:\CR\FM\K08NO7.091 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8657 known as SNAP—provides modest food as- uary 3, 2017, the Chair recognizes the as well as a new force that is express- sistance benefits to families in need. The pro- gentleman from Nebraska (Mr. FOR- ing a loss of unity and community, and gram helps to alleviate hunger, reduce pov- TENBERRY) for 30 minutes. then combine that with this deep erty, and improve nutrition across our country Mr. FORTENBERRY. Madam Speak- search for a sense of solidarity. on an ongoing basis. er, I recently toured the newly ren- Madam Speaker, while Congress SNAP is also designed to help families put ovated United States Capitol dome spends much of its time debating num- food on the table when disaster strikes. In re- right nearby and, of course, was well bers, financing, and budgets, a vision sponse to recent hurricanes, fires, floods, and aware it contains a striking fresco at for America in its fullest sense goes be- storms, officials at the United States Depart- the top. The title of that fresco is The yond just material dimensions. Our ment of Agriculture’s Food and Nutrition Serv- Apotheosis of Washington, a bit of a economic vitality must not only be ice (USDA FNS) have worked with other fed- peculiar image for our time, because it measured in terms of efficiency and eral and state emergency response agencies shows a stern, purple-clad George growth, but also in how well we ad- to ensure those impacted by disasters have Washington exalted in the heavens. vance the cause of human flourishing. access to food. Now, on his right is the Goddess of In spite of all of these reflective com- Flexibilities in SNAP, for example, allow Liberty symbolizing emancipation; and ments, this Friday, our Nation will ac- states to issue SNAP benefits early to ensure on his left, the Goddess Victoria, sym- tually pause, and we will pause for a recipients can stock up on food before a dis- bolizing victory. He is surrounded by 13 very important reason: it is Veterans aster hits. maidens representing the Thirteen Day, and we will celebrate that tradi- In many cases, SNAP recipients impacted Original Colonies; however, there is a tion. So if you are starting to feel over- by disaster and power outages are able to re- twist. The backs of several of the maid- whelmed by our Nation’s struggles, quest additional benefits to replace food they ens are turned to Washington, and just talk to a veteran. lost, and in certain circumstances, are able to those represent the colonies of Georgia, If you see these policy battles here as use their SNAP benefits to purchase hot foods North Carolina, South Carolina, and impossible to resolve, talk to a vet. if they lost power and are unable to cook. Virginia as they had seceded from the If you really do want to reconnect Disaster SNAP, known as D-SNAP, is a key Union prior to the work beginning the with the ties that bind us, speak to a feature of the program that provides nutrition fresco in 1863. veteran. assistance benefits to families in major dis- Now, Madam Speaker, the imagery Madam Speaker, as we are painfully aster areas who aren’t currently receiving ben- continues, and around the rest of the aware, it is not easy to make progress efits. Importantly, D–SNAP also provides fami- dome are six allegorical scenes that do in Congress. Nevertheless, there are lies currently enrolled in SNAP with supple- really project the defining ideas of times when both parties and the ad- mental benefits to help them get by in the America at that time. They are: war, ministration come together for great wake of disaster. science, marine life, commerce, me- good, and actions for veterans rep- In addition to SNAP, other federal anti-hun- chanics, and agriculture. Now, these resent a unique and proper American ger safety net programs like the Special Sup- are perhaps old-fashioned categories to opportunity to support the men and plemental Nutrition Program for Women, In- the modern mind, but then they did women who have served our country. fants, and Children (WIC), child nutrition pro- convey an optimism about the frontier, So as we approach Veterans Day and grams, and Disaster Household Distribution economic progress, and the potential of consider how to celebrate this gift of (DHD) come to the aid of those recovering what our new Nation might be able to being an American, if we need a re- from disaster. achieve. minder, just ask a vet. Although, Madam Speaker, I had For example, schools in areas affected by b 1930 disaster can provide meals to all kids at no seen these frescos before, something charge and can be more flexible in where and struck me differently this time. These Now, back to history for a moment, when they serve meals. scenes really do grasp an incomplete Madam Speaker. DHD is another program to allow food ideal. The Apotheosis of Washington We rightly mark our independence banks and other organizations to distribute shows a reflective and confident Amer- from the British as the beginning of a emergency food boxes filled with nutritious ica, but what is missing is a fuller un- new nation, a new experiment in gov- food to people that don’t have access to feed- derstanding of the nature of commu- ernment based in the ideals of freedom. ing sites or grocery stores in the aftermath of nity, individual dignity, and freedom. However, freedom most properly ex- disaster. The idea of progress is narrowly de- pressed is the freedom to do what we Madam Speaker, when disasters hit the fined, and that narrow definition is ac- ought. United States—and its territories—it is impera- tually still with us today, many times Unlinked to responsibility, to one an- tive that our government effectively and effi- as it informs our debate here. We only other, and to higher ideals, freedom ciently helps those impacted by these terrible tend to value things that we can actu- can become a meaningless wandering tragedies. ally measure—things like production, and a search for purpose; and progress, SNAP and our other nutrition programs are technology, and military victory—and no matter how grand it is, is never an a key component of disaster response efforts, they still rally us, and they are impor- end in itself. Persons who are discon- providing food to families in need. In the after- tant. nected from one another, an economy math of recent tragedies that devastated Puer- But, as important as these things that is uncaring, technology ever ac- to Rico, the U.S. Virgin Islands, Texas, Geor- are, there is more to life; the more we celerating, these are dynamics that can gia, Louisiana, Florida, California, and Oregon, have grown economically, the more we actually be both beneficial, but also USDA was able to respond. have grown technologically, the more leave people behind. Independence from I’d like to thank my friend and colleague on our Nation groans. We have to be hon- tyranny also means interdependence the Agriculture Committee, the Chairman of est, and we have to ask ourselves: within community. the Nutrition Subcommittee, Mr. GT THOMP- Why? Now, Madam Speaker, the Capitol SON, for raising awareness about nutrition as- America is a far more complicated dome is over 150 years old. Until re- sistance in times of disaster. country than it was in Washington’s cently, chunks of iron—in fact, I saw I encourage all of my colleagues to join us time. It is not only due to our size and one; it was nearly this big—were just in recognizing how powerful and effective wealth and amazingly diverse popu- falling off, and water was seeping SNAP and other nutrition programs are in re- lation, but it is also due to rapidly ad- through cracks. But now it is made sponding to natural disasters. We must work vancing technology, a 24/7 news media whole again. The seams are repaired, to protect these programs from cuts or struc- cycle, and a highly competitive global and there is new, original-like glass tural changes that threaten the ability of these marketplace that has made life more and a fresh layer of protective coating. programs to help families in need. frenetic, more difficult, and, in some Why? Because we chose to do it. We f cases, much more alienating. didn’t let it fall into ruin. We didn’t la- Today, there is widespread anxiety in ment its potential collapse. We chose VETERANS DAY our Nation over economic inequality, to act. The SPEAKER pro tempore. Under declining opportunity, and the con- So, Madam Speaker, if we cling to the Speaker’s announced policy of Jan- centration of both wealth and power, her ideals, this gift of America allows

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\A08NO7.054 H08NOPT1 H8658 CONGRESSIONAL RECORD — HOUSE November 8, 2017 us the freedom to preserve unity and to outsourced by faceless corporations in On one pole stands China. As this make genuine progress, which is the the name of advancing quarterly prof- country ascends to economic domi- freedom to be whole. its, exploiting the poor elsewhere and nance, China is trying to pair its mili- As I approached my office here re- damaging the environment, it sets in tary clout with military projection in cently, there was a large crowd of men motion a series of things: lost jobs, lost key lanes of commerce. The Com- who had gathered outside my door. I community cohesion, and a breakdown munist Party leader, President Xi, assumed they were waiting to see me, of life’s stability. projects himself as both a man of vir- and they were wearing camouflage Tie this to a loss of the formative in- tue and a man of dominance. In fact, shirts. There was some language on the stitutions in our society of family life, The Economist magazine recently front of the shirt. As I got closer, I faith life, and civic life, and we drift. called him the world’s most powerful could read it, and it said ‘‘United Mine We drift without a national narrative man. Workers.’’ I thought, well, this is a bit that can hold, and it makes it much At another pole stands Russia. peculiar to see United Mine Workers more difficult to respond holistically, Though they face demographic prob- from Nebraska. Nonetheless, I engaged especially when we have tragedies such lems, Russia has, in many ways, raced them in a conversation outside the as the senseless horror in Las Vegas ahead of us in weapons technology su- door thinking I would escort them in- and now with the unthinkable at the periority. It could be argued that the side. First Baptist Church in Sutherland Soviet era was an aberration, an actual But they weren’t there to see me. Springs, Texas. aberration, of Russia’s long tradition They were there to see my neighbor, But, again, Madam Speaker, I just of czarist rule. Seen in that light, who represents the State of Kentucky, have to pause and remind myself that, Putin is a new czar type who has and that made a little more sense. Nev- in spite of these difficulties, in spite of moved past Marxist ideology—Marxist ertheless, I greeted these men, and we sometimes the darkness which can theology, perhaps we should say—to re- had a very meaningful conversation seem overwhelming due to a lack of cover Russian nationalistic poetry, about work, about security, and about unity, we will pause on Friday as a na- purpose, and expansionistic power. fairness. tion, and we will remember our vet- The third pole is less of a geographic These men had spent their lives in erans. If it is just too much and too or ideological proposition. It is an ex- very hard jobs. I am sure they proudly overwhelming, if the debates in Con- pression of higher ideals. Now, in tradi- toiled to create reasonable livings for gress are so bothersome and annoying, tional terms, Madam Speaker, we call their families. They all now showed go talk to a vet about that deeper this the Transatlantic Alliance, but, in real signs of physical fatigue. They sense of who we are and what we still broader terms, it is people from around were in Washington to make a plea, a can be. the world who are guided by a reasoned Madam Speaker, in the entryway of plea for their pensions, which are fac- intuitive sense that all persons have the municipal building in a little town ing dramatic reductions. dignity and rights and that the sys- of France called Sainte-Mere-Eglise, A similar situation does exist in Ne- tems of governance and economics there hangs an American flag. It is the braska for another group of workers. ought to be ordered around that very first thing you see when you walk into These men worked for a guarantee that the mayor’s municipal building. proposition. When a person can exer- they would be provided for when they Sainte-Mere-Eglise was the site cise excellence for themselves in part- could work no more. But given a con- where our paratroopers landed prior to nership with others in community, a fluence of factors, their pensions face a the D-day invasion. They landed in the community of possibility exists. dramatic shortfall, and it is not fair. midst of German troop formations and Because, in America, we believe I lived, Madam Speaker, for 2 years had to fight as they were coming down. these values are universal, we also be- in the area where these men come One paratrooper got hung up on the lieve that they are more potent than from, in a town that had lost half its church steeple and survived the battle. any ideology or accident of geography. population in 20 years, in the old indus- A replica of him still hangs there That is the long arc of history—born in trial Rust Belt where the post-World today. former ages and translated over time War II economic boom built a thriving, The American flag in the mayor’s to our present day. stable community, but now where building, in the municipal building, is Now, given our vulnerabilities, we globalized supply-side theory has had said to be the first American flag understandably and purposefully com- its most dramatic degenerating eco- planted on the European continent dur- mit to technological superiority in nomic effect. ing the war. It is displayed there in weaponry. But, as a singular propo- I said to these men: ‘‘You know that France in a government building sition, this is illogical because it can- I know where you come from.’’ One of proudly as a memorial in thanksgiving not hold. The technological gap is clos- them hugged me. to America for what we did to save ing. There must be more, and it is Madam Speaker, our country is in France and to save Europe from tyr- found in two pathways: pain. Epic hurricanes and floods, esca- anny. First, back to this idea of our own in- lating urban violence and an opioid Now, Madam Speaker, most of us ternal reflection as a country. Re- epidemic among those who are self- today think of war in the traditional cently, we saw a Hollywood elite medicating their own mental or phys- construct. We fought with tanks, air- named Harvey Weinstein brought to ical or financial anguish, a broken craft, ships, and infantry. But, again, shame for his manipulative perver- healthcare construct, the aftereffects we are in a rapidly advancing techno- sions. Interestingly, this country had a of bitterly fought elections, and now logical new age. Even in this age of flash of collective conscience. The cur- another mass shooting have torn drones and asymmetrical terror tain was raised on Hollywood’s dark America’s heart apart. threats such as improvised explosive hypocrisy. Almost all Americans were In a vibrantly healthy society, there devices, most of us still see our defense aghast, which, importantly, showed is space in a good, functional market- through a conventional lens. our capacity to value human dignity. place for fluidity, creativity, and inno- But warfare is changing fast and will Second, Madam Speaker, a healthy vation, and a person with an idea and continue to change. With the miniatur- national conscience gives us the credi- the drive should be able to pursue it. ization of nuclear weapons, drones, and bility to reinvigorate and rebuild au- The benefits accrue to the innovator as other technologies, we could see the thentic relationships worldwide. By well as the buyer of the product, to the potential for widespread destruction incentivizing good economic models community as well, and those who give accelerate. We are entering an era that and promoting government models the effort. The point is this: a healthy is unprecedented and unpredictable, that are fair, we can create the condi- economy is both individualistic and born from the very technologies that tions for our own safety, the world’s community-oriented at the same time. heretofore ensured our own survival. stability, and the world’s security. Innovation and competition can be What has emerged, Madam Speaker, is Madam Speaker, a couple weeks ago, disruptive, but they must be set within a tripolar world, simultaneously in- I was on my way home from Wash- a fair set of rules. When the system creasing both danger and, interest- ington to Nebraska. Driving from the stacks to the wealthiest or is ingly, opportunity. airport, I saw a big, red pickup truck.

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Now, that is not a very uncommon site to unjustly benefit, for instance, from nomic growth to a dismal 11⁄2 percent in our State, except that on each side lower taxes abroad while taking advan- annual average. That is about half of of the truck was a pole, and attached tage of tax loopholes here. the post-war growth rate of 3 percent. to each pole was an American flag At the same time, it uses the carrot President Reagan averaged 31⁄2 per- blowing fiercely in the wind. Now, of lower rates to bring foreign profits cent annual growth by reducing the tax these flags were a bit tattered on the back to America so that we can revive and regulatory burdens crushing the edges, but, nevertheless, they were the Made in America label once again. economy. The result was one of the proudly displayed just like at that lit- Madam Speaker, I have spoken to- greatest economic expansions in Amer- tle French town, Sainte-Mere-Eglise. It night about our challenges both at ican history. is my hope that this is the third pole home and abroad, but we know a truly The Trump administration has made that can truly hold for our good and just and good society can only be pos- significant progress on regulatory re- the good of others across the world. sible if we are both strong and safe. lief, as attested by rising wages, em- Now, Madam Speaker, we have One day, I was in the airport and ployment opportunities, and growing talked a lot about the struggles, but something interesting happened. A consumer confidence. But tax relief is closer to home and made in realtime number of troops were coming off an vital to finish the job. policy, the House of Representatives aircraft on the jetway. There was no The imperative should be clear. The has undertaken a sincere deliberation announcement over the PA system. It American corporate tax rate of 35 per- at the moment to assist in a structural just happened spontaneously. The ter- cent is the highest in the industrialized change to our current economic con- minal began to break out in applause. world. I know there are lots of special struct—a new tax deal. It just happened. People intuited that interest loopholes that go to politically Now, this is what Andy from Ne- something was right here. connected companies that bring the ef- Of course, many people at this mo- braska wrote me recently. He said that fective rate down to 18.6 percent. ment in our country’s history intuit he is very encouraged because ‘‘if it But that is precisely the problem. that something is broken, but they makes it into law, my back-of-the-nap- Many companies that haven’t gotten also can sense when things are right. kin calculations show it could benefit these breaks have simply fled the coun- We can see it, like when we see our my family by around $5,500. For a fam- try, taking trillions of dollars and pos- troops or we see a veteran, then our in- ily of four making about $85,000 a year, sibly millions of American jobs over- stinct emerges to recognize the nobil- that’s a big deal.’’ seas. By closing the loopholes and low- ity of self-sacrifice for one another, our ering the rate to an internationally b 1945 country, and its timeless ideals. Our competitive 20 percent, economists tell Madam Speaker, Americans do need veterans have done so and our people us that we can add $5 trillion to the a break, especially working men and know so. American economy over the next dec- women trying to get a bit ahead, try- When it just gets a little too over- ade. That averages about $40,000 per ing to provide for their families. For whelming, Madam Speaker, ask a vet. family. many, it is harder and harder. Around When we lose touch with the source of Those who dismiss this as tax cuts 50 percent of Americans live paycheck our strength and greatness, talk to for wealthy corporations don’t under- to paycheck. That is not fully a Tax those who have put even possibly their stand the dirty little secret of cor- Code problem. It is also the harsh re- lives on the line for that true source of porate taxation: corporations do not ality of social fragmentation, down- American strength. Ask a vet. pay corporate taxes. They only collect When it seems as though the prob- ward mobility, and the rising cost of them. living. lems before us are intractable—how we There are only three possible sources Many forces of globalization have not are going to revive an economy that is from which they can collect them. The benefited America, leaving millions be- good and fair to all; how we are going only people who pay corporate taxes hind and all too often forgotten. But create the stability necessary for the are consumers, through higher prices; tax reform can help, as long as it is fair proper engagement and healthy en- employees, through lower wages; and and as simple as possible for the ben- gagement and exciting engagement investors, through lower earnings. efit of all. with people from abroad; how will we That is your pension and 401(k). We are living in an age where we can- create international stability—when it Lowering the corporate tax rate not not push the same old policies over and just seems too hard to get the mind only means restoring America’s global over again and expect them to fit into around it, ask a vet who stood in the competitiveness, but it invariably our 21st century architect of living. small village overseas, who may have translates into lower prices, higher Moving forward, I believe that the had to fight their way in, but then of- wages, and greater returns on savings source and strength of the American fers a hand up to those who have been and investments. economy will be in the new urbanism placed in harm’s way. The personal income tax side is also of small business, in which entre- This Friday is an important holiday. important, and this is where I become preneurs from village to city will add It is a gift to be able to say thank you concerned that we are getting wrapped value through small-scale manufac- to our veterans. around the axle. Madam Speaker, may I inquire as to turing, innovative new products, or We have had several unpleasant sur- the amount of time remaining? brokering in repair services. The condi- The SPEAKER pro tempore. The gen- prises this past week: the 46 percent tions for entrepreneurial revival may tleman has 4 minutes remaining. bubble bracket and now the Joint Com- be right on the horizon. Mr. FORTENBERRY. Madam Speak- mittee on Taxation report that, over Madam Speaker, though the cor- er, I yield back the balance of my time. time, many in the middle class may porate structure of the 1950s has been end up paying higher income taxes. made temporarily beguiling by the f Yes, the average taxpayer will pay modest show called ‘‘Mad Men,’’ but no LEAVE NO TAXPAYER BEHIND less, but this raises the mystery of the young person I know yearns to work The SPEAKER pro tempore. Under 6-foot man who drowned in a pond for a company for 25 years and cele- the Speaker’s announced policy of Jan- whose average depth was 5 feet. It is brate at the end with a gold watch. uary 3, 2017, the Chair recognizes the now clear that some—perhaps many— That era is over and our Tax Code is gentleman from California (Mr. families will see tax increases now, and based on old constructs of what it MCCLINTOCK) for 30 minutes. more over time. means to be in business. Mr. MCCLINTOCK. Madam Speaker, As desirable as tax simplification is, So, hopefully, as we work ourselves in the last four national elections, I wonder if it is a bridge too far, given through this important debate, this Americans made it clear that we won’t the timetable we are on, the hyper-par- bill will be sensitive to the needs of all accept the economic stagnation that tisan political environment we are in, Americans as it begins to push for a we have suffered during this past dec- and the complexities of the Tax Code modernized revenue construct that no ade. that are certain to continue to yield longer enables complex, lawyered-up, Mr. Obama’s policies of higher taxes unpleasant and unintended con- quarterly profit-driven multinationals and regulatory burdens suppressed eco- sequences.

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.095 H08NOPT1 H8660 CONGRESSIONAL RECORD — HOUSE November 8, 2017 I urge our leadership and our Ways SENATE BILLS REFERRED (‘‘the draft CARE Act’’); to the Committee and Means Committee to consider leav- on Veterans’ Affairs. Bills of the Senate of the following 3135. A letter from the Inspector General, ing the personal income tax structure titles were taken from the Speaker’s intact, but using the budget authority Office of Inspector General, Department of table and, under the rule, referred as Health and Human Services, transmitting instead to provide a permanent, uni- follows: the Department’s report entitled, ‘‘CMS En- form, across-the-board reduction in the S. 1015. An act to require the Federal Com- sured Nearly All Part D Drug Records Con- rates for all tax brackets. munications Commission to study the feasi- tained Valid Prescriber Identifiers in 2016’’, Our back-of-the-envelope estimate is bility of designating a simple, easy-to-re- pursuant to 42 U.S.C. 1395w-104(c)(4)(C); Pub- that, using the current framework, we member dialing code to be used for a na- lic Law 114-10, title V, Sec. 507; (129 Stat. can reduce tax brackets by a full 1 per- tional suicide prevention and mental health 169); jointly to the Committees on Energy cent, averaging about $600 of tax sav- crisis hotline system; to the Committee on and Commerce and Ways and Means. ings for joint filers. If we included the Energy and Commerce; in addition, to the f Committee on Veterans’ Affairs for a period repeal of the individual mandate in REPORTS OF COMMITTEES ON ObamaCare, we could reduce all tax to be subsequently determined by the Speak- er, in each case for consideration of such pro- PUBLIC BILLS AND RESOLUTIONS brackets by 1.35 percent, averaging visions as fall within the jurisdiction of the about $800 of lower taxes for joint fil- Under clause 2 of rule XIII, reports of committee concerned. committees were delivered to the Clerk ers. S. 1088. An act to require the collection of for printing and reference to the proper I think there are four principal ad- voluntary feedback on services provided by vantages to this approach: agencies, and for other purposes; to the Com- calendar, as follows: First, it leaves no taxpayer behind. mittee on Oversight and Government Re- Mr. GOWDY: Committee on Oversight and Whatever your circumstances, what- form. Government Reform. H.R. 3071. A bill to re- quire executive agencies to consider equip- f ever the deductions you claim, you can ment rental in any cost-effectiveness anal- be sure that your overall tax bill will ENROLLED BILL SIGNED ysis for equipment acquisition, and for other go down. purposes (Rept. 115–402). Referred to the Second, by reducing all marginal Karen L. Haas, Clerk of the House, Committee of the Whole House on the state rates, it will increase the economic reported and found truly enrolled a bill of the Union. growth potential of the reform. Pro- of the House of the following title, Mr. GOWDY: Committee on Oversight and ductivity depends on how much your which was thereupon signed by the Government Reform. H.R. 3244. A bill to next dollar is taxed. Speaker: amend title 5, United States Code, to provide for annual surveys of Federal employees, and H.R. 3031. An act to amend title 5, United That is the marginal rate. We can for other purposes; with an amendment States Code, to provide for flexibility in bring down the top marginal rate under (Rept. 115–403). Referred to the Committee of making withdrawals from a Thrift Savings this reform; whereas, under the current the Whole House on the state of the Union. Plan account, and for other purposes. proposal, it not only stays where it is, f but in the bubble bracket, it increases f PUBLIC BILLS AND RESOLUTIONS to 46 percent. ADJOURNMENT Third, these reforms can be commu- Under clause 2 of rule XII, public nicated easily to the American people. Mr. MCCLINTOCK. Madam Speaker, I bills and resolutions of the following Fourth, it will remove a vast portion move that the House do now adjourn. titles were introduced and severally re- of the opposition that we are seeing The motion was agreed to; accord- ferred, as follows: among various business groups that ingly (at 7 o’clock and 57 minutes p.m.), under its previous order, the By Mr. KUSTOFF of Tennessee: imperils the entire bill. H.R. 4294. A bill to amend the Financial Madam Speaker, the tax reform bill House adjourned until tomorrow, Stability Act of 2010 to provide a criminal that emerges from these deliberations Thursday, November 9, 2017, at 9 a.m. penalty for unauthorized disclosures of cer- will ultimately be judged by the pros- f tain individually identifiable information by officers or employees of a Federal depart- perity that it produces and the relief EXECUTIVE COMMUNICATIONS, that it brings to all American families. ment or agency; to the Committee on Finan- ETC. cial Services, and in addition to the Com- If it is done right, the tax reform bill Under clause 2 of rule XIV, executive mittee on the Judiciary, for a period to be now taking shape in Congress can de- subsequently determined by the Speaker, in liver us to that day. But if it is done communications were taken from the each case for consideration of such provi- wrong, we will have squandered the Speaker’s table and referred as follows: sions as fall within the jurisdiction of the most important chance the American 3131. A letter from the Executive Director, committee concerned. people have given us to materially im- Federal Retirement Thrift Investment By Mrs. BLACKBURN (for herself, Mr. prove their lives. Board, transmitting the Board’s Report of DUNCAN of South Carolina, Mr. I remember the Reagan era. Wages FY 2017 Audits, pursuant to 5 U.S.C. Sec. MCCLINTOCK, Mr. COLE, Mr. ALLEN, 8439(b) (1994 and Supp. III 1997), and 5 U.S.C. Mr. FRANKS of Arizona, Mr. SMITH of rose, opportunities for better jobs Sec. 8477(g); to the Committee on Oversight Texas, Mr. DUNCAN of Tennessee, Mr. abounded, and everywhere you could and Government Reform. BROOKS of Alabama, and Mr. sense the optimism that comes with 3132. A letter from the Office Program GROTHMAN): prosperity and abundance. I want my Manager, Office of Regulation Policy and H.R. 4295. A bill to provide for enhanced kids to know what it is like when Management, Department of Veterans Af- Federal, State, and local assistance in the morning dawns again in the American fairs, transmitting the Department’s final enforcement of the immigration laws, to economy. It is up to us in this Chamber rule — Schedule for Rating Disabilities; The amend the Immigration and Nationality Act, to make it happen, so we must. Endocrine System (RIN: 2900-AO44) received to authorize appropriations to carry out the November 6, 2017, pursuant to 5 U.S.C. State Criminal Alien Assistance Program, Madam Speaker, I yield back the bal- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 and for other purposes; to the Committee on ance of my time. Stat. 868); to the Committee on Veterans’ Af- the Judiciary. fairs. By Mr. LUETKEMEYER (for himself f 3133. A letter from the Director, Office of and Mr. MEEKS): Regulation Policy and Management, Depart- H.R. 4296. A bill to place requirements on LEAVE OF ABSENCE ment of Veterans Affairs, transmitting the operational risk capital requirements for Department’s final rule — Homeless Vet- banking organizations established by an ap- By unanimous consent, leave of ab- erans (RIN: 2900-AQ07) received November 6, propriate Federal banking agency; to the sence was granted to: 2017, pursuant to 5 U.S.C. 801(a)(1)(A); Public Committee on Financial Services. Mr. CUELLAR (at the request of Ms. Law 104-121, Sec. 251; (110 Stat. 868); to the By Mr. BUCSHON (for himself and Mr. PELOSI) for today and November 9 on Committee on Veterans’ Affairs. GENE GREEN of Texas): account of returning to district to sup- 3134. A letter from the Secretary, Depart- H.R. 4297. A bill to amend title XVIII of the ment of Veterans Affairs, transmitting a Social Security Act to provide information port the community of Sutherland supplement to the Department of Veterans regarding vaccines for seniors as part of the Springs. Affairs October 31, 2017 transmittal of the Medicare & You handbook and to ensure that Ms. ROYBAL-ALLARD (at the request draft bill, the ‘‘Veteran Coordinated Access the treatment of cost sharing for vaccines of Ms. PELOSI) for today. and Rewarding Experiences (CARE) Act under Medicare part D is consistent with the

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K08NO7.097 H08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — HOUSE H8661 treatment of vaccines under Medicare part By Mr. KING of New York (for himself Reform, for a period to be subsequently de- B, and for other purposes; to the Committee and Miss RICE of New York): termined by the Speaker, in each case for on Energy and Commerce, and in addition to H.R. 4307. A bill to provide for temporary consideration of such provisions as fall with- the Committee on Ways and Means, for a pe- emergency impact aid for local educational in the jurisdiction of the committee con- riod to be subsequently determined by the agencies; to the Committee on Education cerned. Speaker, in each case for consideration of and the Workforce. By Mr. VARGAS (for himself and Mr. such provisions as fall within the jurisdic- By Ms. MICHELLE LUJAN GRISHAM POLIQUIN): tion of the committee concerned. of New Mexico (for herself and Mr. H.R. 4315. A bill to exclude from consider- By Mrs. HARTZLER: O’HALLERAN): ation as income under the United States H.R. 4298. A bill to amend the Food Secu- H.R. 4308. A bill to provide for grants to fi- Housing Act of 1937 certain veterans com- rity Act of 1985 to allow grazing as a mid- nance broadband transmission in certain pensation and pensions, and for other pur- contract management practice in the con- rural areas; to the Committee on Agri- poses; to the Committee on Financial Serv- servation reserve program, and for other pur- culture, and in addition to the Committee on ices. poses; to the Committee on Agriculture. Energy and Commerce, for a period to be By Mr. WALZ (for himself and Mr. FOR- By Mr. BISHOP of Utah (for himself, subsequently determined by the Speaker, in TENBERRY): Mr. THORNBERRY, and Mr. WILSON of each case for consideration of such provi- H.R. 4316. A bill to provide for the reform South Carolina): sions as fall within the jurisdiction of the and continuation of the beginning farmer H.R. 4299. A bill to provide for the indefi- committee concerned. and rancher program, and for other purposes; nite duration of certain military land with- By Mr. MESSER: to the Committee on Agriculture, and in ad- drawals, to improve the management of H.R. 4309. A bill to codify Executive Order dition to the Committee on Appropriations, lands currently subject to such withdrawals 13771, and for other purposes; to the Com- for a period to be subsequently determined and to make the management of such lands mittee on Oversight and Government Re- by the Speaker, in each case for consider- more transparent, and for other purposes; to form, and in addition to the Committee on ation of such provisions as fall within the ju- the Committee on Natural Resources, and in the Judiciary, for a period to be subse- risdiction of the committee concerned. addition to the Committee on Armed Serv- quently determined by the Speaker, in each By Mr. YOUNG of Alaska: ices, for a period to be subsequently deter- case for consideration of such provisions as H.R. 4317. A bill to authorize the Federal mined by the Speaker, in each case for con- fall within the jurisdiction of the committee Energy Regulatory Commission to issue an sideration of such provisions as fall within concerned. order continuing a stay of a hydroelectric li- the jurisdiction of the committee concerned. By Mr. PERRY (for himself, Mr. cense for the Mahoney Lake hydroelectric By Ms. HANABUSA (for herself and Mr. BROOKS of Alabama, Mr. DUNCAN of project in the State of Alaska, and for other BISHOP of Utah): South Carolina, Mr. BIGGS, and Mr. purposes; to the Committee on Energy and H.R. 4300. A bill to authorize Pacific His- NORMAN): Commerce. toric Parks to establish a commemorative H.R. 4310. A bill to amend section 412(a)(2) By Mr. MCGOVERN (for himself, Mr. display to honor members of the United of the Immigration and Nationality Act to WITTMAN, Ms. ROYBAL-ALLARD, Ms. States Armed Forces who served in the Pa- require ratification of a plan with respect to GRANGER, and Mr. GENE GREEN of cific Theater of World War II, and for other a refugee by the legislature of a State before Texas): purposes; to the Committee on Natural Re- the refugee may be initially placed or reset- H. Con. Res. 91. Concurrent resolution ex- sources. tled in the State, and for other purposes; to pressing the sense of Congress that public By Mr. NORMAN (for himself, Mr. WIL- the Committee on the Judiciary. health professionals should be commended SON of South Carolina, Mr. DUNCAN of By Mr. PITTENGER (for himself, Mr. for their dedication and continued service to South Carolina, Mr. SANFORD, Mr. NUNES, Mr. SMITH of New Jersey, the United States on ‘‘Public Health Thank RICE of South Carolina, Mr. CLYBURN, Mrs. HARTZLER, Mr. YOHO, Mr. ROG- You Day’’, November 20, 2017; to the Com- and Mr. GOWDY): ERS of Alabama, Ms. DELAURO, Mr. mittee on Energy and Commerce. H.R. 4301. A bill to designate the facility of GALLAGHER, Mrs. ROBY, Mr. f the United States Postal Service located at LOEBSACK, Mr. HECK, Mr. WEBER of 201 Tom Hall Street in Fort Mill, South Texas, Mr. SAM JOHNSON of Texas, CONSTITUTIONAL AUTHORITY Carolina, as the ‘‘J. Elliott Williams Post Of- and Mr. CULBERSON): STATEMENT fice Building’’; to the Committee on Over- H.R. 4311. A bill to modernize and strength- sight and Government Reform. en the Committee on Foreign Investment in Pursuant to clause 7 of rule XII of By Mr. TIPTON: the United States to more effectively guard the Rules of the House of Representa- H.R. 4302. A bill to amend the Federal Re- against the risk to the national security of tives, the following statements are sub- serve Act to create congressional account- the United States posed by certain types of mitted regarding the specific powers ability for emergency lending programs, and foreign investment, and for other purposes; granted to Congress in the Constitu- for other purposes; to the Committee on Fi- to the Committee on Financial Services, and tion to enact the accompanying bill or nancial Services, and in addition to the Com- in addition to the Committees on Energy and mittee on Rules, for a period to be subse- Commerce, Foreign Affairs, Intelligence joint resolution. quently determined by the Speaker, in each (Permanent Select), Armed Services, and the By Mr. KUSTOFF of Tennessee: case for consideration of such provisions as Budget, for a period to be subsequently de- H.R. 4294. fall within the jurisdiction of the committee termined by the Speaker, in each case for Congress has the power to enact this legis- concerned. consideration of such provisions as fall with- lation pursuant to the following: By Mr. CAPUANO: in the jurisdiction of the committee con- The Constitutional Authority on which H.R. 4303. A bill to amend the Omnibus cerned. this bill rests is the explicit power of Con- Crime Control and Safe Streets Act of 1968 to By Mr. RENACCI (for himself, Mr. gress to regulate in commerce in and among prohibit funding under the Edward Byrne CHABOT, Mr. WENSTRUP, Mrs. BEATTY, the states, as enumerated in Article I, Sec- Memorial Justice Assistance grant program Mr. JORDAN, Mr. LATTA, Mr. JOHNSON tion 8, Clause 3, the Commerce Clause of the and the Public Safety and Community Polic- of Ohio, Mr. GIBBS, Mr. DAVIDSON, United States Constitution. ing grant program to be provided to law en- Ms. KAPTUR, Mr. TURNER, Ms. FUDGE, Additionally, Article I, Section 7, Clause 2 forcement agencies that use license plate Mr. TIBERI, Mr. RYAN of Ohio, Mr. of the Constitution allows for every bill readers unless certain conditions are met; to JOYCE of Ohio, and Mr. STIVERS): passed in the House of Representatives and the Committee on the Judiciary. H.R. 4312. A bill to amend title 38, United the Senate and signed by the President to be By Mr. DESAULNIER (for himself, Mr. States Code, to ensure the Secretary of Vet- codified into law; and therefore, implicitly CARBAJAL, Mr. HUFFMAN, and Mr. erans Affairs permits the display of Battle- allows Congress to repeal any bill that has SCOTT of Virginia): field Crosses in national cemeteries; to the been passed by both chambers and signed H.R. 4304. A bill to provide whistleblower Committee on Veterans’ Affairs. into law by the President. protections to certain workers in the off- By Ms. SA´ NCHEZ: By Mrs. BLACKBURN: shore oil and gas industry; to the Committee H.R. 4313. A bill to amend the Fair Credit H.R. 4295. on Education and the Workforce. Reporting Act to provide protections for ac- Congress has the power to enact this legis- By Mr. DUNCAN of Tennessee: tive duty military consumers, and for other lation pursuant to the following: H.R. 4305. A bill to amend the Federal Crop purposes; to the Committee on Financial Article I, Section 8 ‘‘necessary and proper’’ Insurance Act to prohibit payments of pre- Services. clause. mium subsidy for harvest price policies; to By Ms. TENNEY: By Mr. LUETKEMEYER: the Committee on Agriculture. H.R. 4314. A bill to amend title 5, United H.R. 4296. By Mr. HUFFMAN (for himself and Mr. States Code, to provide for the temporary Congress has the power to enact this legis- LOBIONDO): halt in pension payments for Members of lation pursuant to the following: H.R. 4306. A bill to reauthorize and amend Congress sentenced for certain offenses, and The constitutional authority on which this the National Sea Grant College Program for other purposes; to the Committee on bill rests is the explicit power of Congress to Act, and for other purposes; to the Com- House Administration, and in addition to the regulate commerce in and among the states, mittee on Natural Resources. Committee on Oversight and Government as enumerate in Article 1, Section 8, Clause

VerDate Sep 11 2014 03:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\L08NO7.100 H08NOPT1 H8662 CONGRESSIONAL RECORD — HOUSE November 8, 2017 3, the Commerce Clause, of the United States Article I, Section 8, Clause 18: To make all other powers vested by the Constitution in Constitution. Laws which shall be necessary and proper for the Government of the United States, or in By Mr. BUCSHON: carrying into Execution the foregoing pow- any Department or officer thereof. H.R. 4297. ers, and all other Powers vested by this Con- By Mr. WALZ: Congress has the power to enact this legis- stitution in the Government of the United H.R. 4316. lation pursuant to the following: States, or in any Department or Officer Congress has the power to enact this legis- Article 1, Section 8, Clause 3 of the Con- thereof. lation pursuant to the following: stitution. [Page H371] This bill is enacted pursuant to the power By Mrs. HARTZLER: By Mr. KING of New York: granted to Congress under Article I, Section H.R. 4298. H.R. 4307. 8 of the United States Constitution. Congress has the power to enact this legis- Congress has the power to enact this legis- By Mr. YOUNG of Alaska: lation pursuant to the following: lation pursuant to the following: H.R. 4317. Article, I, Section 8, Clause 1 (The Con- Article I, Section 8 of the United States Congress has the power to enact this legis- gress shall have Power To lay and collect Constitution lation pursuant to the following: Taxes, Duties, Imposts and Excises, to pay [Page H3878] Article I, Section 8, Clause 3 the Debts and provide for the common By Ms. MICHELLE LUJAN GRISHAM Article IV, Section 3, Clause 2 Defence and general Welfare of the United of New Mexico: States) of the United States Constitution. H.R. 4308. f By Mr. BISHOP of Utah: Congress has the power to enact this legis- ADDITIONAL SPONSORS H.R. 4299. lation pursuant to the following: Congress has the power to enact this legis- Article I, Section 8, Clause 18 of the United Under clause 7 of rule XII, sponsors lation pursuant to the following: States Constitution. were added to public bills and resolu- Article 1, Section 8, Clause 16, to provide By Mr. MESSER: tions, as follows: for the organizing of the armed forces of the H.R. 4309. H.R. 93: Mr. PASCRELL. United States; Clause 17 which allows Con- Congress has the power to enact this legis- H.R. 158: Mr. THOMPSON of Mississippi. gress to exercise authority in support of the lation pursuant to the following: H.R. 169: Mr. GOMEZ. Armed Services for the establishment of Article I, Section 8, Clause 18 of the Con- H.R. 176: Mr. LAMALFA and Mr. NORMAN. needed military installations; and Clause 18 stitution of the United States. H.R. 179: Ms. MENG. which provides general authority for all laws By Mr. PERRY: H.R. 217: Mr. ALLEN. which may be ‘‘necessary and proper’’ in car- H.R. 4310. H.R. 233: Mr. LAWSON of Florida. rying out the foregoing powers. Congress has the power to enact this legis- H.R. 358: Mr. BARR. By Ms. HANABUSA: lation pursuant to the following: H.R. 483: Mr. MESSER. H.R. 4300. Article 1, Section 8 of the United States H.R. 501: Mr. BISHOP of Michigan. Congress has the power to enact this legis- Constitution H.R. 559: Mr. WEBER of Texas, Mr. WALKER, lation pursuant to the following: By Mr. PITTENGER: and Mr. GIBBS. Article I, Section 8 H.R. 4311. H.R. 579: Mr. LOEBSACK. By Mr. NORMAN: Congress has the power to enact this legis- H.R. 4301. lation pursuant to the following: H.R. 747: Mr. ROKITA. Congress has the power to enact this legis- The constitutional authority on which this H.R. 807: Mr. FRELINGHUYSEN and Mr. lation pursuant to the following: bill rests the power of Congress to lay and KEATING. Article I, Section 8 of the U.S. Constitu- collect duties and to regulate Commerce H.R. 894: Mrs. NOEM. tion. with foreign Nations, as enumerated in Arti- H.R. 897: Mr. KATKO. By Mr. TIPTON: cle I, Section 8. H.R. 912: Mr. CORREA. H.R. 4302. By Mr. RENACCI: H.R. 930: Mr. LOUDERMILK. Congress has the power to enact this legis- H.R. 4312. H.R. 960: Mr. SMITH of New Jersey. lation pursuant to the following: Congress has the power to enact this legis- H.R. 1038: Mr. GONZALEZ of Texas. Article 1, Section 8, Clause 3, ‘‘To regulate lation pursuant to the following: H.R. 1178: Mr. GROTHMAN, Mr. WALBERG, Commerce with foreign Nations, and among Article 1, Section 8, Clause 18. To make all and Mrs. BLACKBURN. the several state and with the Indian Laws which shall be necessary and proper for H.R. 1192: Mr. DUNCAN of South Carolina Tribes;’’ carrying into Execution the foregoing Pow- and Mr. FLEISCHMANN. By Mr. CAPUANO: ers, and all other Powers vested by this Con- H.R. 1206: Ms. MATSUI. H.R. 4303. stitution in the Government of the United H.R. 1300: Ms. ROSEN and Mrs. MURPHY of Congress has the power to enact this legis- States, or in any Department or Officer Florida. lation pursuant to the following: thereof. H.R. 1406: Ms. PLASKETT and Ms. WILSON of The Congress enacts this bill pursuant to By Ms. SA´ NCHEZ: Florida. Article I, Section 8, Clause 1; Article I, Sec- H.R. 4313. H.R. 1444: Mr. KIND and Mr. RASKIN. tion 9, clause 7; Article I, Section 8, clause Congress has the power to enact this legis- H.R. 1456: Ms. DEGETTE and Ms. GRANGER. 18; and Article I, Section 8, Clause 3 of the lation pursuant to the following: H.R. 1516: Mr. PANETTA. United States Constitution. Article I, section 8, clause 18: H.R. 1580: Mr. NOLAN. By Mr. DESAULNIER: Congress shall have Power—To make all H.R. 1676: Mr. JOHNSON of Georgia and Mr. H.R. 4304. Laws which shall be necessary and proper for FRELINGHUYSEN. Congress has the power to enact this legis- carrying into Execution the foregoing Pow- H.R. 1772: Mr. QUIGLEY and Mr. KIHUEN. lation pursuant to the following: ers, and all other Powers vested by this Con- H.R. 1775: Ms. SLAUGHTER. Article 1, Section 8. stitution in the Government of the United H.R. 1822: Mr. RUIZ. By Mr. DUNCAN of Tennessee: States, or in any Department of Officer H.R. 1891: Mr. WOMACK. H.R. 4305. thereof. H.R. 1955: Mr. ZELDIN. Congress has the power to enact this legis- By Ms. TENNEY: H.R. 2022: Mr. STIVERS. lation pursuant to the following: H.R. 4314. H.R. 2044: Mr. SMITH of Washington, Mr. Article IV, Congress has the power to enact this legis- O’ROURKE, Ms. ROSEN, Mrs. DINGELL, and Mr. Section 3, Clause 2. The Congress shall lation pursuant to the following : KRISHNAMOORTHI. have Power to dispose of and make all need- Article I, Section 8, Clause 18: The Con- H.R. 2147: Mr. BRENDAN F. BOYLE of Penn- ful Rules and Regulations respecting the gress shall have Power . . . To make all sylvania. Territory or other Property belonging to the Laws which shall be necessary and proper for H.R. 2245: Mr. LOWENTHAL. United States; and nothing in this Constitu- carrying into Execution the foregoing Pow- H.R. 2259: Ms. FRANKEL of Florida. tion shall be so construed as to Prejudice ers, and all other Powers vested by this Con- H.R. 2267: Ms. MENG, Ms. NORTON, and Mr. any Claims of the United States, or of any stitution in the Government of the United JENKINS of West Virginia. particular State. States, or in any Department or Officer H.R. 2306: Mr. JOHNSON of Georgia. By Mr. HUFFMAN: thereof. H.R. 2309: Ms. MENG. H.R. 4306. By Mr. VARGAS: H.R. 2320: Ms. MOORE. Congress has the power to enact this legis- H.R. 4315. H.R. 2322: Ms. BROWNLEY of California. lation pursuant to the following: Congress has the power to enact this legis- H.R. 2452: Mr. CROWLEY. Article I, Section 8, Clause 1: The Congress lation pursuant to the following: H.R. 2510: Ms. SLAUGHTER. shall have Power to lay and collect Taxes, The power granted to Congress under Arti- H.R. 2589: Mr. STIVERS and Mr. COSTELLO of Duties, Imposts and Excises, to pay the cle I, Section 8, Clause 18 of the United Pennsylvania. Debts and provide for the common Defence States Constitution, to make all laws which H.R. 2598: Mr. HASTINGS and Mr. ENGEL. and general Welfare of the United States; but shall be necessary and proper for carrying H.R. 2653: Mr. LANGEVIN. all Duties, Imposts and Excises shall be uni- into execution the foregoing Powers (Article H.R. 2723: Mr. LUCAS, Mr. SMUCKER, and form throughout the United States. I, Section 8, Clauses 12, 13 and 14), and all Mr. MITCHELL.

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H.R. 2740: Mr. TIPTON and Mr. LATTA. SCHNEIDER, Mr. UPTON, Mr. GONZALEZ of H.R. 4261: Mr. JONES and Mr. BLUMENAUER. H.R. 2760: Ms. MICHELLE LUJAN GRISHAM of Texas, and Mr. MOOLENAAR. H.R. 4290: Mr. O’HALLERAN, Ms. New Mexico. H.R. 3632: Mr. NOLAN and Mr. LOWENTHAL. WASSERMAN SCHULTZ, Ms. ROSEN, Ms. H.R. 2761: Ms. MICHELLE LUJAN GRISHAM of H.R. 3642: Mrs. BROOKS of Indiana and Mr. JAYAPAL, and Mr. RASKIN. New Mexico. WEBSTER of Florida. H. Con. Res. 27: Mr. CARTWRIGHT. H.R. 2817: Mr. BANKS of Indiana. H.R. 3671: Ms. BASS. H. Con. Res. 61: Mr. HULTGREN, Mr. ABRA- H.R. 2856: Mr. SIRES. H.R. 3770: Mr. BISHOP of Michigan and Ms. HAM, Mr. LANCE, Mr. THOMAS J. ROONEY of H.R. 2862: Ms. DELBENE. GABBARD. Florida, and Mr. PEARCE. H.R. 2999: Mr. FRELINGHUYSEN. H.R. 3773: Ms. NORTON. H. Con. Res. 81: Mr. ESPAILLAT and Mr. H.R. 3017: Ms. ESTY of Connecticut and Mr. H.R. 3798: Mr. FRELINGHUYSEN. O’ROURKE. KATKO. H.R. 3913: Ms. MENG. H. Res. 264: Mr. TONKO. H.R. 3979: Mr. TIPTON. H.R. 3034: Mr. COURTNEY, Ms. HERRERA H. Res. 327: Ms. TSONGAS. H.R. 4006: Ms. LOFGREN and Mr. CA´ RDENAS. BEUTLER, and Mr. SMITH of Washington. H. Res. 393: Mr. KHANNA, Ms. BROWNLEY of H.R. 4013: Mr. LANGEVIN. H.R. 3117: Mr. CONAWAY and Mr. SESSIONS. California, Ms. NORTON, Mr. DEUTCH, Ms. H.R. 4030: Ms. CASTOR of Florida. H.R. 3127: Mr. TIPTON. LEE, Ms. FRANKEL of Florida, Mr. SCHIFF, H.R. 4072: Ms. LOFGREN and Ms. LEE. H.R. 3128: Mr. TIPTON. Ms. TITUS, Mr. CONNOLLY, Mr. ESPAILLAT, H.R. 4090: Mr. COHEN. H.R. 3148: Mr. LOWENTHAL. H.R. 4099: Mr. PERLMUTTER. Mr. SIRES, and Mr. MEEKS. H.R. 3236: Mr. LONG. H.R. 4114: Mr. CARSON of Indiana and Ms. H. Res. 401: Ms. PLASKETT and Mr. ROYCE of H.R. 3272: Mr. YOHO, Mr. BRENDAN F. BOYLE SCHAKOWSKY. California. of Pennsylvania, Ms. JACKSON LEE, Mrs. H.R. 4124: Mr. CICILLINE, Mr. SANFORD, and H. Res. 570: Mr. WEBER of Texas and Mr. CAROLYN B. MALONEY of New York, Mr. Ms. JAYAPAL. BIGGS. DEFAZIO, Mr. KHANNA, Ms. WILSON of Flor- H.R. 4135: Ms. SINEMA. H. Res. 576: Mr. SESSIONS. ida, Mr. BROWN of Maryland, Mr. LOEBSACK, H.R. 4140: Mr. O’ROURKE. H. Res. 582: Mr. HILL. Ms. MATSUI, Mr. NOLAN, and Mr. GARAMENDI. H.R. 4143: Mr. JOHNSON of Ohio and Mr. H. Res. 604: Mr. DELANEY, Mr. TROTT, Mr. H.R. 3282: Mr. TIPTON. COHEN. KELLY of Pennsylvania, and Mr. CROWLEY. H.R. 3315: Mr. KELLY of Pennsylvania. H.R. 4177: Mr. MEADOWS and Mr. WELCH. H. Res. 606: Mr. FRANKS of Arizona. H.R. 3345: Mr. CARSON of Indiana, Mrs. H.R. 4184: Mr. SOTO. TORRES, and Mr. AL GREEN of Texas. H.R. 4195: Mrs. WATSON COLEMAN and Ms. f H.R. 3402: Mr. GROTHMAN. ROSEN. H.R. 3409: Mr. AL GREEN of Texas and Mr. H.R. 4207: Mr. MOOLENAAR and Mr. TROTT. CA´ RDENAS. H.R. 4222: Mr. LOWENTHAL, Mr. PETERS, and DELETIONS OF SPONSORS FROM H.R. 3488: Mr. FRELINGHUYSEN. Ms. MOORE. PUBLIC BILLS AND RESOLUTIONS H.R. 3513: Mr. CRAMER. H.R. 4234: Mr. LANGEVIN. Under clause 7 of rule XII, sponsors H.R. 3536: Ms. SLAUGHTER. H.R. 4238: Mr. MCCAUL. were deleted from public bills and reso- H.R. 3579: Ms. KUSTER of New Hampshire. H.R. 4239: Mr. HUDSON. H.R. 3596: Mr. BISHOP of Utah, Ms. CLARKE H.R. 4253: Mr. BROWN of Maryland, Mr. lutions, as follows: of New York, Mr. GAETZ, Mr. STEWART, Mr. GALLEGO, and Mr. PALLONE. H. Res. 576: Mr. HUNTER.

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Vol. 163 WASHINGTON, WEDNESDAY, NOVEMBER 8, 2017 No. 182 Senate The Senate met at 10 a.m. and was country. We are also continuing to con- issues before the EPA and how to ad- called to order by the President pro firm President Trump’s nominees dress them. He even worked in this par- tempore (Mr. HATCH). throughout the Federal Government. ticular office before serving as Acting f Last week, we continued our momen- Administrator from 2005 to 2007. tum with the confirmation of well- PRAYER Mr. Wehrum has earned support from qualified and talented individuals to many different corners. His former boss The Chaplain, Dr. Barry C. Black, of- serve in the Federal judiciary. This at the EPA, Jeff Holmstead, said that week, the Senate is considering mul- fered the following prayer: ‘‘there is no better person’’ to fill this tiple nominations to important agen- Let us pray. position. The EPA’s Deputy Adminis- cies. Yesterday, we confirmed officials God, our Father, help our lawmakers trator from 2005 to 2009, Marcus Pea- to the Department of Defense and to this day to do Your work faithfully and cock, said that ‘‘Wehrum’s under- well. Prepare them to be sober-minded the Department of Justice. Soon, they standing of the Clean Air Act may be and filled with Your Spirit, accom- will get to work for the American peo- second to none.’’ Even the Natural Re- plishing tasks that receive Heaven’s ple. sources Defense Council—not exactly a approval. Lord, keep them from deviat- Next, the Senate will vote to confirm rightwing organization—had this to ing from integrity as they strive to en- Peter Robb as the general counsel of say about this nominee’s previous ex- sure that their conduct rightly rep- the National Labor Relations Board. perience at the EPA, noting that he resents You. May they live lives of ho- As I said yesterday, Mr. Robb’s experi- ‘‘achieve[d] important air pollution re- liness and goodness, being as kind to ence in employment law will help re- ductions.’’ others as they would wish them to be turn the NLRB to its role as an impar- to them. tial arbiter of labor disputes instead of ‘‘Wehrum, Holmstead, and the Bush Lord, prepare us all to stand before a political cudgel for union bosses and EPA,’’ the NRDC further wrote, ‘‘de- You in peace without spot or blemish. leftwing special interests, as it was serve credit for these substantial pub- As we pursue Your peace on Earth, lead under the Obama administration. lic health and air quality achieve- us not into temptation but deliver us We will then turn to another quali- ments.’’ from evil. fied individual who will help undo some Nominees like Mr. Wehrum will con- We pray in Your Holy Name. Amen. of the damage of the Obama adminis- tinue the work of this EPA to undo the f tration. William Wehrum, President damage of the Obama administration’s Trump’s nominee to be the Assistant PLEDGE OF ALLEGIANCE overreach in a reasonable manner. For Administrator for EPA’s Office of Air instance, Obama’s Office of Air and Ra- The President pro tempore led the and Radiation, will put his experience diation was responsible for the admin- Pledge of Allegiance, as follows: to good use for our Nation. istration’s dubious energy regulatory The Office of Air and Radiation is I pledge allegiance to the Flag of the scheme, which threatened to punish one of the most important parts of the United States of America, and to the Repub- coal families and ship middle-class jobs EPA. Unfortunately, under the pre- lic for which it stands, one nation under God, overseas. indivisible, with liberty and justice for all. vious administration, it was also one of f the offices with the most significant When Administrator Scott Pruitt overreach. This one office was respon- came to Kentucky last month, he an- RECOGNITION OF THE MAJORITY sible for 95 percent of the annual regu- nounced the official withdrawal of that LEADER latory burdens that the EPA forced rule. Unlike the previous leadership of The PRESIDING OFFICER (Mr. COT- onto our economy, according to one re- the EPA, Administrator Pruitt actu- TON). The majority leader is recog- port, reportedly costing the economy ally cared enough to come to my home nized. at least $41 billion—this one Agency. State and hear directly from the men f So this is an office in desperate need and women impacted by the Agency’s of new leadership from an individual regulations. He is someone who will NOMINATIONS who understands how to implement work with us to protect our environ- Mr. MCCONNELL. Mr. President, the clean air policies in a balanced way ment and save Kentucky families from Republican Senate is continuing its rather than with extreme regulatory harmful regulations. Mr. Wehrum will important work on behalf of the Amer- overreach. Mr. Wehrum is the right work with Administrator Pruitt to ican people. We are moving forward on person for the job. With more than help continue this trend at the EPA. I legislative priorities that will benefit three decades of experience in environ- look forward to the Senate advancing hard-working families throughout the mental policy, he understands the his nomination.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S7071

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VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.000 S08NOPT1 S7072 CONGRESSIONAL RECORD — SENATE November 8, 2017 TAX REFORM EXECUTIVE SESSION rarely even vote on individual spending Mr. MCCONNELL. Now on another bills anymore, let alone controversial policy riders to those spending bills. matter, Mr. President, Members of the EXECUTIVE CALENDAR Senate are continuing to work hard to Are we truly willing to leave it to the deliver much needed tax reform for The PRESIDING OFFICER. Under members of the Appropriations Com- families and small businesses. Yester- the previous order, the Senate will pro- mittee to update a law that has put our day, Senators, members of the adminis- ceed to executive session and resume servicemembers into harm’s way, par- tration, and tax reform advocates met consideration of the Robb nomination, ticularly those of us on the authorizing here in the Capitol to discuss a mutual which the clerk will report. committee, the Senate Foreign Rela- The senior assistant legislative clerk vision for relief. They shared the goals tions Committee? I hope that we more read the nomination of Peter B. Robb, of simplicity, fairness, and economic jealously guard our prerogatives than of Vermont, to be General Counsel of growth. These are the same goals I that. the National Labor Relations Board for have, they are the same goals the Our inaction on updating the 2001 law a term of four years. House wrote into its legislation, they has already relegated the role of the The PRESIDING OFFICER. The Sen- are the same goals the President asked Senate in authorizing force to that of a ator from Arizona. us to consider, and most importantly, cog in the feedback loop. I would sub- AUTHORIZATION FOR USE OF MILITARY FORCE they are the goals shared by many mit that we in the Senate ought to as- Mr. FLAKE. Mr. President, the Sen- Americans across the political spec- pire to be more than that. ate Foreign Relations Committee had a For 16 years, Congress has been all trum. So we are working together to very important hearing last week re- too willing to let successive adminis- get this done. garding the 2001 authorization for use trations use those broad authorities to This is a once-in-a-generation oppor- of military force, the law that serves as address new threats and to deploy U.S. tunity, and it will help us create jobs the legal underpinning for the war troops to new places. Beyond Afghani- and boost the economy, while closing against al-Qaida and the Taliban. I am stan, our troops have deployed all over special interest loopholes at the same grateful to our witnesses, Secretaries the world, to places such as Yemen, the time. We can do all of this through tax Mattis and Tillerson, for making them- Philippines, Somalia, and Libya to reform. selves available to the members of the fight al-Qaida and its affiliates. Today, the House Ways and Means committee and for the straightforward We have also sent forces to Syria and Committee will continue to mark up and honest answers they provided to back to Iraq to defeat ISIS, a group its legislative proposal. I would like to us. that didn’t even exist in 2001. We need once again commend Chairman BRADY As we have gotten further and fur- to fight terrorism overseas, and I am for his good work on the House plan. ther away from the September 11 at- not suggesting that the United States The hearings this week are building tacks that resulted in the passage of should shy away from these battles. To momentum to accomplish our goals for the 2001 AUMF, I have urged Congress the contrary, I believe Congress should the American people. to take a fresh look at that authoriza- do its duty in supporting these mis- Soon, the Senate Finance Com- tion. When four soldiers died recently sions by voting to authorize them. mittee, under the leadership of Senator in Niger, I think most Americans—and In the 16 years since the passage of HATCH, will release its own plan for tax even some Members of Congress—were the 2001 AUMF, approximately 300 reform. Working through an open com- shocked to learn that we even had Members of the House who voted on it mittee process, the committee will ul- troops in that country. Our troops were are no longer with that Chamber. In timately bring tax reform legislation not there under the auspices of the 2001 the Senate, of those Senators who to the floor. I am exceedingly grateful AUMF, but considering that they were voted on the original AUMF, only 23 to Chairman HATCH for his continued reportedly ambushed and killed at the Senators remain in their seats today. leadership of the Finance Committee. hands of an Islamic State affiliate, That leaves approximately 70 percent As we continue to advance tax re- questions have been raised about where of the entire Congress that has never form, I would urge our Democratic col- our forces are and where they are at cast a vote to authorize military force leagues to join us. In recent years, war with terrorists versus when they abroad. Yet, over the years, deploy- many prominent Democrats have ex- are simply conducting train-and-equip ments have continued to new places, pressed support for tax reform. Since or other missions of that sort. combating new foes. then, the need for tax reform hasn’t It was encouraging that nearly every The United States is strongest when changed at all. The American people member of the Foreign Relations Com- we speak with one voice. Therefore, haven’t stopped hurting either. The mittee was in attendance at that hear- Congress must have some buy-in on only thing that changed was the Presi- ing where the witnesses testified that these missions. Our allies and other ad- dent. So I hope our colleagues will put the administration believes it has versaries need to know that the war on partisanship aside and work with us in ample authority to prosecute the war terrorism has the support of Congress. a serious way to help us deliver real re- on terrorism and does not need a new More importantly, our troops need to lief to families. I hope they will help us AUMF. know that Congress is behind them. take more money out of Washington’s I can’t say I was surprised to hear I know the concept of passing a new, pockets and put more money in the that testimony. No administration, Re- updated AUMF is a tricky one. This is pockets of the middle class. That is the publican or Democratic, will ever will- not a conventional war against a sov- aim of this tax reform effort, and we ingly cede the broad authority given to ereign nation in which victory is easily are going to keep working until we ac- the executive branch 3 days after the defined. Instead, we are fighting an ide- complish it. September 11 attack. If they were to ological enemy that has no sovereignty say that we need new authorization, and which, over the years, has moved f they would be conceding that they all over the world, resulting in many haven’t been acting with authorization splinter factions that could change RESERVATION OF LEADER TIME all this time. So they are never going their name at any time with ease. The PRESIDING OFFICER. Under to say that we need a new AUMF. This new kind of war requires a new the previous order, the leadership time What has surprised me is that there kind of authorization, one that allows is reserved. are Members of this body, the Senate, Congress’s continued buy-in and in- who are content to let this 16-year old creases its oversight. Right now, we authorization remain in place. Some f have neither of these. have even suggested that any updates After working on this issue for sev- to the AUMF can be made using the ap- eral years, Senator TIM KAINE and I CONCLUSION OF MORNING propriations process. Are we really have introduced legislation that we BUSINESS going to start using policy riders on think gets us in the right place. Our The PRESIDING OFFICER. Morning annual spending bills to approve of bill would authorize the use of military business is closed. sending troops into harm’s way? We force against al-Qaida and the Taliban

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.002 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7073 and ISIS. It authorizes force against af- morphing to a new continent. S.J. Res. bill that would spin our economy even filiates of those groups and requires 43 gives us just that. further out of whack, lavishing tax the President to report to Congress I should note that the bill also in- giveaways on the wealthy and cor- when he initiates force against a new cludes a 5-year sunset. The sunset is porate America, while raising taxes on group he designates as being associated not intended to serve as a notice that millions of middle-class families over with al-Qaida, the Taliban, or ISIS. the war on terrorism will end in 5 10 years. Military operations can begin as soon years. It is there to require Congress to A New York Times analysis found as the President has notified Congress. put its skin in the game by voting on that next year, the House Republican There is no time-lapse required. authorizing force. tax plan would cause taxes to go up on If Congress doesn’t agree with the The administration has signaled its one-third of all middle-class families. President’s designation, our bill allows objection to this provision. They think Those are families who make—I believe a 60-day timeframe during which any that the war on terrorism could be un- it is between $56,000 and $150,000. One Member can bring a resolution of dis- dermined if terrorists think they just out of three in that middle-class, upper approval to the floor under expedited have to wait us out. middle-class group is going to pay procedures, and adoption of such meas- I worry more that the lack of con- more in taxes, while those at the high- ure by both Houses would result in the gressional buy-in undermines the war est end get huge breaks. By 2026, taxes end of military operations against that right here at home. Seventy percent of would go up on nearly half of all mid- group. Congress has no skin in the game at dle-class families. Our bill adopts the same process with all. We are free to criticize the Presi- I want to salute someone I almost regard to geography to allow Congress dent, whether the President is Repub- never agree with—Senator CRUZ. At to disapprove of military operations in lican or Democrat. That is not right. least yesterday, he had the courage of We ought to have responsibility here. a particular country. I recognize that his convictions to say that no middle- We are the article I branch. We are the traditional declarations of war and class person should pay more, even in branch tasked with declaring war and other authorizations of military force New York and California. But that is authorizing use of force. We shouldn’t haven’t referred to a particular geo- not the case with this bill. Large num- shirk our responsibility. We can’t let graphic area in which operations can bers of people throughout the country history repeat itself and go for another take place. But all of our previous will pay more. Large numbers of mid- 16 years without voting for the use of military engagements were against dle-class people and people struggling force against terrorists. That is why I sovereign nations with armed forces, to the middle class will pay more. support a sunset on any new or updated So when Speaker RYAN says that not terrorist groups that can pop up in AUMF. under the House plan ‘‘Everyone enjoys any country at any time. Perhaps the best feature of the a tax cut all across the board,’’ as he If Congress is going to authorize the Flake-Kaine measure is that it is bi- did yesterday, he is fibbing. I really use of force, we ought to know in which partisan. That is an essential feature. I want to use the ‘‘L’’ word, but to be countries U.S. troops are operating. think we can all agree that passing an nice, I won’t. But Speaker RYAN, ex- Requiring the President to notify Con- updated AUMF along party lines is per- plain to us how you can say with a gress when he begins operations haps the only thing worse than letting straight face: ‘‘Everyone enjoys a tax against one of these terrorist groups in the status quo remain. I commend the cut all across the board.’’ a new country is an important check chairman of the Foreign Relations Every independent analysis and the on the executive branch to ensure Committee, Senator CORKER, for sig- more honest Republicans say that there is no overreach. naling that we will move ahead with some middle-class people—a good num- The bar for disapproving the Presi- the markup of the new AUMF. ber of middle-class people—get a tax dent’s decision is high—appropriately I think Flake-Kaine is a great start, increase. So Speaker RYAN, take it so. It would require two-thirds of the but I am under no illusion that the back. Start telling the truth about House and the Senate to disagree with process of putting a bill together that your bill. We know you are under pres- the President on his decisions with re- can garner widespread, bipartisan sup- sure, but you have always been an hon- gard to new associated forces or new port will be an easy one. But the longer orable man, and this tax bill is tying countries. we wait, the higher the risk becomes you into a pretzel when it comes to Right now, Congress has very little that we will render ourselves irrelevant telling the truth about it. to say over who or where our military when it comes to authorizing force. Look at what is done here. The per- fights. The only option available is to That is a risk the Senate and Congress sonal exemption, which benefits large cut off appropriations, and history has should not take. families, is gone. Yes, the standard de- demonstrated that simply is not real- I yield back. duction doubles, but if you have four, istic or appropriate. RECOGNITION OF THE MINORITY LEADER five, six children, you still pay more, The most recent example of this, as The PRESIDING OFFICER. The even before they start whacking your some of my colleagues will recall, was Democratic leader is recognized. State and local deductibility or your in 2011, when the Obama administra- REPUBLICAN TAX PLAN college loan deductibility or your tion joined the NATO operation to help Mr. SCHUMER. Mr. President, over healthcare deductibility. rebels in Libya topple Muammar Qa- the past decade, the American econ- Stunningly, the deduction for cata- dhafi. The administration never made omy has generated enormous wealth strophically high medical expenses is the case to Congress as to what U.S. in- for wealth holders but, painfully, less also gone, meaning that among the terests were served by U.S. involve- work and less pay—fewer good-paying hardest hit under this plan would be ment. As a result, many Members on jobs—for workers. Average folks are some of the most vulnerable taxpayers. both sides of the aisle publicly opposed having a harder time keeping up with Eight million Americans deduct their our intervention in Libya. the ever-rising costs as the rich get out-of-pocket medical expenses because Yet, when the clock ran out on the richer and corporate stocks soar. they are over 10 percent of their in- time constraints set forth in the War Our economy would surely benefit come. They plan their finances around Powers Resolution, Congress did not from the kind of tax reform that gives this deduction. These families have turn off appropriations because we small businesses and working Ameri- someone with a chronic condition— can’t just pull the rug out from under- cans a break, while asking the wealthi- maybe an elderly parent who has Alz- neath servicemembers when they are in est among us to pay their fair share. heimer’s, maybe a family with a young harm’s way overseas. The ‘‘turning off ‘‘Their share’’ doesn’t mean they are kid who has cancer. appropriations’’ approach simply doing something illegal; it simply I met a lady at the airport yesterday. hasn’t worked in the past and is not means that as wealth goes up and so Her name was Bridget. I didn’t know likely to work in the future. much money agglomerates to the top, who she was. She came over to me We need real congressional buy-in for the good of the society, the wealthi- pleading. There was sadness in her and oversight over a conflict that has est should pay more. eyes. She said: My son needs an orphan morphed considerably since 2001—and Unfortunately, the Republican Party drug. It is very expensive. If I can’t de- which we are now being told is has decided to pursue a partisan tax duct the expenses, I don’t know what I

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.003 S08NOPT1 S7074 CONGRESSIONAL RECORD — SENATE November 8, 2017 am going to do. I won’t be able to af- Well, if there is no phaseout, the real the CFO of Conagra: ‘‘In terms of if ford the drug. How can our Republican cost of the bill will be much higher. I there is a corporate tax reduction and colleagues be so heartless and cruel? I say to my Senate friends who have there’s more cash, we bounce back to know that you want to reduce taxes on talked about making sure we don’t let our capital allocation’’—more stock corporations, but why do you have to the deficit go out of control that Ryan buybacks. do it at Bridget’s expense? is saying we are going to let the deficit Republicans think a corporate tax Of course, the House bill takes an ax go out of control and game the Senate cut without guardrails would boost to State and local deductibility, a bed- rules because the phaseout of middle- wages, and we disagree. Later this rock middle-class deduction that af- class deductions will not happen. If morning, Democrats will urge our Re- fects nearly every State but hits high there is no real phaseout, the real cost publican colleagues to put their money tax States, like Virginia, the hardest. of the bill will be much higher. It is a where their mouth is and prove us Any House Republican who watched tough pill to swallow to anyone in this wrong. We will be offering an amend- the returns in the Virginia elections setting on the Republican side who be- ment that would snap back taxes to last night must be shaken by the over- lieves in deficit reduction and who be- the old corporate rate if corporations whelming Democratic turnout in sub- lieves about $1.5 trillion—their rule—is actually fail to boost their workers’ urban areas. According to pollsters, the about as high as you can go. wages. It is that simple. Put your No. 1 issue was healthcare, and this de- All of this is because our Republican money where your mouth is. The only duction goes. But overall, suburban colleagues are rushing this bill thing you are hanging your hat on, on Virginia said no to the Republican through. Something like this takes this bill, which so hurts so many mid- way. Suburban families will be the care. It takes hearings. It takes discus- dle-class people is, well, everyone will ones hit hardest by the elimination of sion. It takes experts. It takes affected get a big wage increase because we are State and local deductions in States groups all weighing in. That takes a reducing the corporate rate. We chal- like Virginia but also in Washington, while. That is how it is supposed to lenge you to accept our amendment. If New Jersey, California, Illinois, Min- work. That is how the Founding Fa- the wages don’t go up, the corporate nesota, and Colorado. thers wanted it to work. That is how decrease in taxes is repealed. Just last night, we learned from re- we did it with the last successful major We are simply telling Republicans, porting that the Senate bill is likely to tax reform bill in 1986. I was there, and don’t write checks to corporations that go even further regarding the State I know. their employees can’t cash. If Repub- and local deduction—full repeal. There To rush a bill of this magnitude licans fail to support this amendment, are some from my State in New York through the Congress in a span of a few they will confirm that their tax bill is saying: Well, we have a compromise. A, weeks, with only one party doing the a farce. They really don’t believe it, the compromise still eliminates three- work, is reckless, it is irresponsible, when it comes to boosting wages for fourths of the deduction, but, B, that and it will lead to a very bad result. It working Americans. compromise is going bye-bye. The Sen- is why our Republican colleagues have Mr. President, one final word on the ate is going to get rid of it. You can be such problems. nomination of Mr. Robb to the NLRB. sure it won’t come back in a conference I repeat my plea to my colleagues on The NLRB protects workers’ rights to committee. the other side of the aisle. Take a step form or join unions, bargain collec- So I say to my House colleagues, par- back and consider doing tax reform the tively with their employers, and act ticularly those from suburban dis- right way—bipartisan, through the concertedly for mutual aid or protec- tricts: Stop the elimination of the committees, input from both sides. We tion. It is not clear to me, from review- State and local deduction now before it have shown, as in healthcare, when we ing Mr. Robb’s background, that he be- is too late. If it happens and you vote try, we can work together. The Senator lieves in the mission of the agency. yes on this bill, you will be to blame. from New Hampshire is on the floor. In his experience as a labor and em- There is no way to duck and cover be- She was one of the leaders in that. ployment lawyer, he has defended com- hind the SALT compromise any longer Earlier this year, we came to a good panies against workers’ unfair labor because the SALT tax writers have budget deal. Senators ALEXANDER and practice allegations, age and sex dis- made clear that they want to repeal it MURRAY put together a reasonable crimination charges, class action age entirely in the Senate. Because of the compromise on healthcare. We can do claims, and wage claims. The website stricter Senate budget rules, the Sen- it again on tax reform. We Democrats of Mr. Robb’s law firm brags about his ate language is likely to win out over want to do real reform, but our Repub- efforts to delay and defeat union orga- the House language. lican friends must abandon this par- nizing at the Millstone Power Station Make no mistake about it, a full re- tisan, secretive, reckless process that in Connecticut. He was the lead coun- peal of the State and local deduction is will lead to no good for them and for sel on the notorious Reagan-era case, coming down the pike one way or the the country and come to the table with which decertified the air traffic con- other. Voting to advance the GOP bill Democrats. trollers’ union. That resulted in Presi- is a vote to fully repeal State and local One final point on the matter, Repub- dent Reagan firing 11,000 traffic con- deductibility. I say to my Republican licans repeatedly promised that the trollers and barring them from Federal friends from all those suburban dis- $1.5 trillion reduction in the corporate service. tricts where a high percentage of peo- tax rate proposed by the Ryan-McCon- The general counsel for the NLRB ple use the State and local deduction: nell tax plan will lead the average sets the priority cases and determines If you think the results in Virginia and American family to receive a $4,000 when to bring charges against employ- New Jersey were terrible for you, wait raise. Yet corporate profits are already ers. It is a crucial role. Peter Robb’s until you pass a bill that raises taxes at record highs. Wages are relatively record shows he is not up to this job, on large swaths of middle-class fami- stagnant. So color us skeptical that and he will not defend workers in an lies in your district. showering corporations with new tax agency designed to defend workers. The debate over the State and local brackets that will result in them hav- I will be voting no and urge my col- deduction is illustrative of the central ing even more money will end up cre- leagues to do the same. problem my Republican friends have ating higher wages for workers. Far I yield the floor. with their tax bill. Every time you pull more likely what it will create is an- The PRESIDING OFFICER. The Sen- in one direction and change something other round of stock buybacks and ator from New Hampshire. to solve a problem, you have to push in dividends, which, by and large, benefit FOREIGN AGENTS REGISTRATION another direction, and you end up cre- corporate CEOs and the wealthy. MODERNIZATION AND ENFORCEMENT ACT ating a new one. It is like pushing on a You don’t have to take it from me. Mrs. SHAHEEN. Mr. President, it is balloon. David Marberger is the executive vice hard to read or to listen to the news Just this morning, Speaker RYAN president and CFO—chief financial offi- these days without hearing about Rus- said the phaseout of middle-class de- cer—of Conagra, which I believe is a sia’s interference in our American de- ductions would never happen. They are major Fortune 500 company. Here is mocracy, its influence peddling, and only there to ‘‘game the Senate rules.’’ what he told his shareholders this fall, about the misinformation that has

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.004 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7075 been spreading on social media. I have How did we respond? Well, we contin- other front organizations. So in the bipartisan legislation that would ad- ued to allow RT America to spread its same way that Russia is building up its dress an aspect of this. This legislation disinformation and false narratives. military force, its navy, its ability to is cosponsored by Senator TODD YOUNG, This is unacceptable. We responded operate in space, and its missile pro- and it is legislation that would give that way because we don’t have the gram, it has also built up its propa- law enforcement the tools they need to teeth we need in the law to be able to ganda campaign in ways that are de- create greater transparency about for- enforce it. That is what my legislation signed to undermine Western democ- eign individuals and entities that are with Senator YOUNG will do. That is racies. If we don’t pay attention to operating in the United States in the why it is so important. It would this, then shame on us. interest of other governments. It would strengthen FARA by giving the Depart- We are, of course, a resilient democ- make it easier for the public to better ment of Justice authority to compel racy. We are confident that our values track information they are receiving, foreign organizations to produce docu- and institutions will prevail in the free particularly from governments that mentation to confirm funding sources marketplace of ideas. Our Constitu- are hostile to the United States. and foreign connections. This new in- tion, unlike Russia’s, protects the This bill would give the Department vestigative authority was requested by right of individuals and organizations of Justice necessary authority to in- the Department of Justice, and it is to spread Russian viewpoints, vestigate potential violations of the supported by the Government Account- disinformation, and, even, outright Foreign Agents Registration Act, ability Office, the Sunlight Founda- lies. But no organization, including RT which is also known as FARA. We have tion, and the Project on Government America or any other front outlet for a heard a lot about that. This was legis- Oversight. This is a good government country that is hostile to the United lation that was passed during the thir- piece of legislation. States, has the right to conceal a for- ties, as there was fear about the rise of In fact, if this authority that we have eign funding source and thumb its nose Nazism and Hitler in Germany and the in our legislation were in place today, at requests from our Department of effort to spread propaganda in the the Justice Department could imme- Justice. United States. diately investigate RT America and The American people have a right to This would allow the American pub- publicly expose its ties to the Kremlin. know if RT America is a Russian prop- lic to clearly trace where information In the absence of such authority, all aganda organization that takes its di- is coming from and who is paying for the Justice Department can do is ask rection from the Kremlin. They have a it. I think, in this age of misinforma- RT to voluntarily adhere to FARA reg- right to know who is funding those pro- tion, that is especially important to ulations and hope the propaganda out- grams and what kind of misinforma- the public. let complies. What are the odds of tion they are spreading. At a time when our law enforcement that? Pretty slim. Clearly, based on To that end, I urge my colleagues to officials, foreign policy experts, and RT’s refusal to comply with FARA, the put an end to the Kremlin’s charade by leaders continue to grapple with the Kremlin is well aware of the limita- supporting the Foreign Agents Reg- extent of Russia’s intrusion into our tions that are inherent in our law. istration Modernization and Enforce- democratic elections, this legislation is As we wait for this commonsense leg- ment Act. Let’s give the Department of more urgent than ever. The need for islation to move forward, the Kremlin, Justice the tools it needs to inves- this legislation is perhaps most clearly RT America, and Sputnik continue to tigate and expose RT America and to demonstrated by the case of Russian wield their harmful propaganda and at- fight back against the Kremlin’s inter- propaganda networks like RT America tempt to influence the American pub- ference in our democracy. and Sputnik International. Both net- lic. Thank you, Mr. President. works continually propagate and share Since the publication of the intel- I yield the floor. content and programming that are de- ligence community’s January report on I suggest the absence of a quorum. signed to very subtly confuse and influ- Russia’s interference in our 2016 Presi- The PRESIDING OFFICER. The ence audiences worldwide. If you have dential election, we have learned that clerk will call the roll. ever listened to either of those chan- Moscow spent millions of dollars buy- The senior assistant legislative clerk nels, you will know there is just this ing ads on social media sites and proceeded to call the roll. subtle difference in how they present search engines, often using the very Mr. BOOZMAN. Mr. President, I ask information. clips that had been aired by RT on its unanimous consent that the order for In the United States, RT America is YouTube channel. the quorum call be rescinded. available on cable TVs across the coun- Last week, representatives of Amer- The PRESIDING OFFICER (Mr. SUL- try. It is considered to be one of the ican social media companies testified LIVAN). Without objection, it is so or- most high-profile assets in Vladimir before Congress and illustrated the dered. Putin’s vast $1.4 billion propaganda lengths the Kremlin went in order to Mr. BOOZMAN. Mr. President, I ask machine. deceptively spread divisive propaganda, unanimous consent to speak as in According to an assessment made all seemingly without a trace or any morning business for up to 10 minutes. public by the U.S. intelligence commu- clear indication about the origins of The PRESIDING OFFICER. Without nity in January, RT is the Kremlin’s these ads and RT’s news blasts. objection, it is so ordered. ‘‘principal international outlet,’’ and it The misinformation included numer- HONORING OUR VETERANS is integral to Russia’s information war- ous reports run by RT News on sup- Mr. BOOZMAN. Mr. President, I rise fare operations across the globe. The posed U.S. election fraud and voting. today to commemorate the courageous Kremlin selects the staff for RT and So they spread, and they clearly in- service and selfless sacrifice of our Na- closely supervises RT’s coverage, in- tended to spread confusion about our tion’s veterans. cluding disinformation and false news elections in 2016 to try and encourage Honoring our veterans is one of the stories designed to undermine our de- people to believe our elections don’t greatest privileges I have as a Senator, mocracy. If you have any question work, to undermine our election proc- which is why I often attend celebra- about that, watch RT here. It is on the ess. They talked about machine vulner- tions in Arkansas to acknowledge and cable network here in the DC area. abilities. They claimed the results of salute some of the brave men and RT News has publicly boasted that it U.S. elections could not be trusted and women who have served our Nation in can dodge our laws by claiming to be did not reflect the people’s will. Sadly, uniform. financed by a nonprofit organization too many people saw those stories and I recently had the pleasure to recog- and not by the Russian Government. believed they were real. nize the service and valor of 15 Arkan- Recently, the Department of Justice These are not just random examples sas veterans during the Arkansas Mili- asked RT America to, in fact, register of fake news. These stories are part and tary Veterans’ Hall of Fame induction as a foreign agent. RT rejected an en- parcel of a broader influence campaign ceremony. The class of 2017 inductees tirely reasonable request from the Jus- designed and directed by the Kremlin’s comes from all across Arkansas. These tice Department to respect our laws. leadership and pedaled by government- veterans served in conflicts ranging They refused to register. funded trolls in St. Petersburg and from World War II through the War on

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.006 S08NOPT1 S7076 CONGRESSIONAL RECORD — SENATE November 8, 2017 Terror. Together, they have earned these men and women deserved better. When the shadow of fascism spread some of our Nation’s most prestigious To correct this injustice, we introduced across Europe in World War II, Nebras- honors and commendations, including legislation earlier this year, as well as ka’s 134th Infantry Regiment was there the Purple Heart, the Bronze Star, the in the last Congress, and I am pleased to bring the light of democracy back to Distinguished Flying Cross, the Legion that it was included in the comprehen- the continent, liberating the French of Merit, and the Silver Star Medal for sive GI reform bill that was signed into city of Saint-Lo from Nazi occupation. gallantry. law this summer. When terrorists struck on September I also had the opportunity to present While we have made improvements, 11, the Nebraska National Guard was three Arkansas veterans with the med- there is still more that needs to be there to answer the call. In the time als and commendations they had done, including the expansion of VA since, over 10,000 Nebraska Guard sol- earned when I attended the Veterans services for female veterans. I encour- diers and airmen have deployed to fight Day celebration in Fort Smith, AR. I age my colleagues to support the Debo- the War on Terror and serve in defense am proud of the work that we do to ob- rah Sampson Act to address these con- of our Nation. This means that in the tain the service medals and recognition cerns, and I urge VA Secretary Shulkin last 16 years, there have been only 3 that these heroes have earned. to implement reforms written in the days when every Nebraska soldier and We have also worked hard to honor bill that don’t require congressional airman was at home with their loved the efforts of Mr. Errol Severe, of Eure- action. Our work must continue. ones. Saying no is not part of the cul- ka Springs, AR, as he strives to pre- Today, my colleague from Indiana, ture of the Nebraska National Guard. serve and promote the role of joint Senator DONNELLY, and I will introduce When the Nation calls, there is no hesi- service aviation cadets in the 20th cen- legislation to allow veterans who tation. They go where the mission re- tury. Mr. Severe, an Air Force veteran, served in Thailand during the Vietnam quires them to go. operates the Aviation Cadet Museum, war era the opportunity to prove toxic At this very moment, we can find Ne- which is the only museum in the exposure in order to qualify for VA braska soldiers and airmen deployed United States that exists exclusively benefits. all across the globe, protecting our to celebrate the teamwork, collabora- Let me take one more opportunity to great Nation. Whether it is the dozens tion, patriotism, and courage of the in- thank our veterans and their families. of National Guard men and women who dividuals who trained for and fought in This country made a promise to our are currently conducting detainee op- the national aviation effort from 1917 veterans that we must live up to, and I erations at Guantanamo Bay or those to 1965. am proud to be able to work for them preparing to deploy next year to key As we recognize our veterans and to ensure that we follow through with positions in the Pacific and the Middle honor the sacrifice and heroism of our commitment. East, our Guard stands ready to answer those who have been called to serve our The men and women who put their the call. Nation in uniform, we must recommit lives on the line in defense of our coun- The Guard is also playing an impor- ourselves to fighting on their behalf. try deserve our undying gratitude. tant role in working with our allies As a member of the Senate Veterans’ They also deserve our support when abroad. Since 1993, the Nebraska Na- Affairs Committee, I am committed to they transition back into civilian life, tional Guard has been linked with the honoring the promise made to our vet- which is why we must support efforts Czech Republic through the State Part- erans. to improve their health, their ability nership Program. As Eastern Europe We have made tremendous progress to further their education needs, and to emerged from the heavy hand of com- during this Congress. In June, Presi- pursue their dreams, just as they munism, the Nebraska National Guard dent Trump signed the Department of fought to make that possible for their was there working side by side with Veterans Affairs Accountability and fellow Americans. That sentiment is their military to collaborate, share, Whistleblower Protection Act. This shared throughout this Chamber. For and assist, forging a lasting bond that strengthens accountability at the De- all of our disagreements in Wash- remains strong to this day. This year partment of Veterans Affairs by allow- ington, we truly do come together in marks the 25th anniversary of that ing the VA to dismiss bad employees support of our veterans. That is one partnership, and we are all extremely while protecting those who expose area of agreement. proud of the work our Guard is doing to wrongdoing. I thank Senator WYDEN for his lead- help bring our democracies together. We are also continuing to improve ership to ensure equal treatment of That spirit of service extends to their the Choice Act. Earlier this year, we education benefits for wounded guards- operations here in the homeland as hosted listening sessions with Arkan- men and reservists. I was very proud to well. When hurricanes so tragically sas veterans to obtain their input on work with him in support of this ef- struck our neighbors in Texas, Florida, the strengths and the weaknesses of forts, and I look forward to working the Virgin Islands, and Puerto Rico, the program, as Congress continues to with him in the future. the Nebraska Guard was there to help. expand access to adequate healthcare Our guardsmen and reservists are The numbers speak for themselves. In options for veterans. called to defend and protect our Na- Texas, they rescued 461 people and de- In addition, we enhanced the post-9/11 tion, exactly like Active-Duty mem- livered 142,000 pounds of cargo, 6,000 GI bill benefits to increase educational bers. So it is only right that they re- pounds of bottled water, and 1,000 opportunities. I am proud to have ceive the same GI bill benefits. pounds of medical supplies. During played a role in crafting this law, along I yield the floor. Hurricane Irma, 102 members partici- with my colleague from Oregon, Sen- The PRESIDING OFFICER. The Sen- pated in an aviation task force for sup- ator WYDEN. I am pleased that he can ator from Nebraska. port operations. Right now, 58 soldiers join me on the floor to recognize the RECOGNIZING THE NEBRASKA NATIONAL GUARD and airmen are providing assistance to importance of the provision we have Mrs. FISCHER. Mr. President, I rise the Virgin Islands and Puerto Rico. championed for several years to fix an today to recognize the men and women The scope of their response to these oversight that prevented combat-in- of the Nebraska National Guard. For disasters is a testament to their dedi- jured members of the National Guard more than 150 years, the Nebraska Na- cation and showcases the flexibility of and Reserve from receiving the same tional Guard has been protecting our the Guard’s mission. Whether it is re- GI bill benefits as Active-Duty mili- State and keeping our Nation safe. sponding to domestic emergencies, tary members. This is a great example Established in 1854, the Guard pre- overseas combat, or reconstruction of Senators on both sides of the aisle dates the founding of the State of Ne- missions, these men and women are working together to get things done. braska by 12 years, and those who serve there to respond with speed, efficiency, Fixing this clear oversight in the law in its ranks today carry on a proud tra- and strength. that unfairly penalized wounded and dition. Whenever the Nation calls, Ne- One of the most impressive things injured servicemembers and kept them braska Guard men and women have about the Nebraska National Guard is from accruing educational benefits been at the leading edge, responding in that these are regular, everyday citi- they rightly earned while in recovery times of military need and national zens who decided to answer the call to was a priority for both of us because crisis. serve. They are our neighbors, our

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.008 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7077 friends, our spouses, sons and daugh- are not losing out on benefits under the and-forth that consumes so much of ters, ordinary Nebraskans from every GI Bill for the time they spend in re- the political debate in Washington, I background who decided to put on the covery and rehab. In effect, the Federal think what we have shown with this uniform and make a difference. That is law was adding insult to injury by rob- piece of legislation and its importance why I am so honored to have a group of bing wounded guardsmen and reservists is that our veterans continue to be a the Nebraska National Guard’s men of benefits they earned and should have unifying force. This good will comes and women visiting Washington today. been receiving all along. Estimates from a deep respect for the All-Volun- I wish to take this opportunity to per- show that more than 20,000 service- teer Force and for the sacrifices made sonally thank them, their families, and members across our country were af- by military families. It also stems loved ones who support them, and all of fected. from an appreciation for the role our our National Guard soldiers and air- I approached our friend and colleague veterans play in so many communities. men for their good service. The Ne- from Arkansas, Senator BOOZMAN, and In Oregon, our vets are small business braska National Guard has seen a lot of he graciously agreed to team up with owners, coders, mill workers, and edu- change in its history, but one thing re- me. Senator BOOZMAN made it clear cators. They help students at the mains the same: They stand ready to that a fellow from Arkansas and a fel- Youth Challenge Program in Bend, and serve. low from Oregon were going to team they help us fight fires. And suffice it Mr. President, I yield the floor. up, leave the politics behind, and fix an to say, this year those fires were big, The PRESIDING OFFICER. The Sen- injustice. We brought together a bipar- they were long, they were brutal, and ator from Oregon. tisan group. We worked with the Com- we saw fires nobody could have even GI BILL FAIRNESS ACT mittee on Veterans’ Affairs, and we believed could happen, such as the one Mr. WYDEN. Mr. President, one of were able to get the bill across the fin- that jumped the Columbia River. the great privileges of this job and the ish line. As of now, wounded guards- It doesn’t mean that Congress, even honor of representing Oregon in the men and reservists will get the edu- with this legislation, always gets it U.S. Senate is seeing the way Orego- cation benefits they have rightly right with respect to veterans. There is nians of all backgrounds and beliefs earned. a whole lot more to be done, particu- come together to support those who Especially today, when people are larly ensuring timely access to top- wear or have worn the uniform of the asking about the divisiveness and po- quality healthcare through the VA or U.S. military. When it comes to hon- larization that now consumes so much outside of it and ensuring that guards- oring our veterans, Oregonians and so of the political debate, I wanted Sen- men and reservists get treated fairly many across the country think in ators to know that I really appreciate and equitably. terms of patriotism, not politics and Senator BOOZMAN always trying to be I want to say this again on the eve of certainly not partisanship. There is not constructive and a problem-solver. And our taking time out specifically to a Democratic or a Republican way to this is one problem that is getting honor veterans—although in our State, support our veterans; there is an Amer- solved. we believe that every day is really Vet- erans Day—I want to renew my pledge ican way. The law will apply retroactively, Recently, I was very pleased to join meaning that eligible veterans who al- to the people of Oregon that I and my staff will keep working until our vets Senator MORAN and Senator TESTER to ready lost out will be made whole. Be- introduce bipartisan legislation that cause it is so counterintuitive for serv- receive the care and treatment they would expand the presumption to vet- icemembers to lose benefits for being have earned. We hope the success of erans exposed to Agent Orange in the wounded—just think about that, serv- our GI Bill Fairness Act demonstrates Korean Demilitarized Zone. The VA icemembers losing benefits for being what can be done when the Congress sets aside all this business of trying to currently presumes that veterans who wounded—many of our veterans point score on partisanship and puts served in the Korean DMZ from 1968 to haven’t learned they were missing out. They never knew they were missing veterans first. 1971 were exposed to Agent Orange, but Mr. President, I yield the floor. there is evidence that veterans were out. That is why I am very pleased, as I suggest the absence of a quorum. exposed to toxins all the way back to I know Senator BOOZMAN is, that our The PRESIDING OFFICER. The 1967. Our bipartisan bill would extend law applies retroactively to all service clerk will call the roll. the presumption date back, making it after the 9/11 attacks. The legislative clerk proceeded to easier for veterans to apply for and re- I think it is true that success has a call the roll. ceive care and benefits. thousand parents, and if I thanked ev- Mrs. MURRAY. Mr. President, I ask It is a good bill. It is a bipartisan erybody on both sides of the aisle for unanimous consent that the order for bill. As we head to Veterans Day, I all the work that went into this impor- the quorum call be rescinded. want to make it clear that I am going tant bill, we would be here until sup- The PRESIDING OFFICER. Without to do everything I can to make this bill pertime tonight. But I do especially objection, it is so ordered. law soon. want to thank our colleagues, Senators Mrs. MURRAY. Mr. President, I come Given the fact that we will all be MARKEY and MCCAIN. They lent impor- to the floor to do what the Trump ad- home this weekend, I also want to take tant support along the way, as did ministration has failed to do; that is, a few minutes to discuss another bipar- Chairman JOHNNY ISAKSON and Rank- to stand up for working families and tisan piece of legislation that is impor- ing Member JON TESTER. Representa- fight for an economy that actually tant to the welfare of our veterans and tive MARK TAKANO of California has works for all, not just for the richest a proposal that recently became law. also been an exceptional advocate in among us. A few years ago, I learned that the other body. On the campaign trail, President wounded members of the National I also wish to give a special thank- Trump made promise after promise to Guard and Reserve were losing out on you to MAJ Steve Warren, a Depart- workers. He promised to put them first benefits under the GI Bill for time they ment of Defense fellow in my office at and bring back good-paying jobs to spent in rehabilitation and recovery. the dawn of the process. He is consid- their communities. Yet, since day one These are men and women who put ered a real rock star in terms of work- of his Presidency, we have seen him do their lives on hold to serve our country ing for veterans. He did so much to just the opposite. His administration abroad, and when they suffered injuries bring this injustice to light and then has rolled back protections for workers in the line of duty, their time spent re- worked diligently toward a solution. I and families and prioritized corporate covering didn’t count toward GI Bill think it is the judgment of everybody profits over working families’ financial benefits, even though it did for Active- involved that without Steve’s inspira- security. Duty servicemembers in the same situ- tion and perspiration, it would have He has put forth nominee after nomi- ation. been hard to see this injustice fixed nee who puts industry interests above I think it is an understatement to and our even being here today, as we the needs of families, like William say that is certainly a real head- head to Veterans Day, to talk about it. Wehrum, President Trump’s nominee scratcher, to not stand up for our I close by way of saying that in this to lead the EPA’s Office of Air and Ra- Guard and Reserve to make sure they time of partisan rancor and the back- diation. Mr. Wehrum is someone who

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.009 S08NOPT1 S7078 CONGRESSIONAL RECORD — SENATE November 8, 2017 has worked to undermine the core mis- Robb has spent most of his career as a said it was an ‘‘act now, ask questions sion of the office he would oversee. He corporate lawyer, representing Big later’’ kind of deal. is a nominee who has demonstrated a Business and seeking to limit the I think we in Washington should take willingness to side with protecting Big rights that workers are guaranteed more of our cues from people like Business instead of protecting our Na- under the National Labor Relations Johnnie and Stephen. We should show tion’s most valuable resources and Act—the very law he is now asking to courage, track down anything that is whose independence is truly in ques- be in charge of and enforce. He has de- not right, and do our very best to fix it. tion. fended companies against unfair labor In particular, Stephen Willeford— Unfortunately, when looking at allegations, age and discrimination maybe you have to be a Texan or an President Trump’s record as a busi- charges, and unfair wage and hour Alaskan to really appreciate what he nessman, these decisions do not come claims. If he is confirmed, Mr. Robb did. From what I have read, he was an as a surprise. President Trump spent will have the sole decision-making NRA-certified shooting instructor. He decades as a real estate developer, power as to which cases will be brought apparently heard the shooting at the cheating workers and contractors out before the NLRB. church, grabbed his gun and went there of their hard-earned pay, and he re- Given his long history of defending and, basically, ended up stopping the fused to allow his own hotel workers to corporations, I don’t believe workers shooter from killing more people. join together and advocate for safer can trust him to act with their best in- The shooter apparently had accumu- working conditions and better wages. terests at heart or to stand up to Presi- lated enough ammunition to do a lot President Trump’s vision of our econ- dent Trump and his vision of an econ- more damage than he did, but, thanks omy is one in which workers bear the omy that works for those at the top to the intervention of this concerned burden, and the people who live in gild- but that undercuts workers’ wages, citizen, this person who was willing to ed towers get the benefit. The contrast safety, and rights. put himself in harm’s way actually with Democrats could not be clearer. I will be voting no on Mr. Robb’s shot the shooter and discouraged him Last week, Democrats rolled out an nomination, and I urge my colleagues from doing more. But for his actions, a ambitious agenda to reform our labor to do the same. I know every single one lot more people would have died on laws to, once again, empower workers of my colleagues has spoken to work- that terrible, terrible Sunday. to join together, make their voices ing families in his State who feel left The police can’t be everywhere all of heard, and fight for better wages and behind today—families who work full the time. That is one reason why, in benefits. time and who are saving what they my State and around the country, we Currently, it is extremely difficult can. They are struggling to make ends believe that citizens ought to be able for workers to seek justice when cor- meet. It is time that we stop to defend themselves under appropriate porations violate their rights, and if we prioritizing corporate profits and start circumstances. want to rebuild the middle class, we focusing on those workers and our mid- We now know that the gunman was have to change that because workers dle class. We can only strengthen our court-martialed by the Air Force and having the right to organize and join economy if we give workers a voice in convicted of serious domestic abuse. unions helped to build the middle class it. Under current Federal law, this should we have today. For many workers in I yield the floor. have prohibited him from ever pur- the 20th century, good union jobs I suggest the absence of a quorum. chasing a firearm. The fact that it helped them to support their families The PRESIDING OFFICER. The didn’t means that we need to figure out and climb the economic ladder, but clerk will call the roll. why Federal law wasn’t followed and over the past few decades, our economy The legislative clerk proceeded to make darn sure that the relevant infor- has worked in favor of corporations call the roll. mation is always uploaded into the and those at the top. As corporate Mr. CORNYN. Mr. President, I ask background check databases. management and special interests have unanimous consent that the order for There were multiple errors—human undermined workers in their right to the quorum call be rescinded. and systematic errors—that should collectively bargain, we have seen, of The PRESIDING OFFICER. Without have prevented this shooter from ever course, a decline in unions and union objection, it is so ordered. buying a firearm. He unlawfully pur- membership across the country. This TEXAS CHURCH MASS SHOOTING chased four firearms that he wasn’t has allowed President Trump and bil- Mr. CORNYN. Mr. President, as the permitted to purchase. Federal back- lionaires like him to take advantage of world now knows, there was a tragic ground checks did not turn up his Air their workers, and it has given workers shooting in Sutherland Springs, TX, Force conviction for domestic violence, little recourse in standing up and fight- last Sunday, which took the lives of 26 a felony, for fracturing the skull of his ing for better working conditions. innocent people and injured 20 more. infant stepson. These convictions were The preamble of the National Labor On Monday evening there was a prayer not uploaded on the NICS Federal data- Relations Act clearly states that it is vigil for those victims. The community base. the policy of the United States to en- gathered to pray and to pay their re- I plan to introduce legislation—and I courage collective bargaining to give spects to the deceased. have been talking to a number of col- workers a voice, allowing them to There are two people in particular leagues on both sides of the aisle who speak up for fair wages and safe work- who were in attendance, whom I want are interested in providing a solution ing conditions, and it is the responsi- to highlight: Stephen Willeford and to this problem, but we are going to in- bility of the NLRB to ensure that Johnnie Langendorff. I mentioned troduce legislation to ensure that all workers’ rights are protected so they them yesterday, and perhaps you have Federal departments and agencies, in- are not taken advantage of. The NLRB seen them on the news, but I have been cluding the Department of Defense, gives workers the opportunity to file thinking a lot about them lately. In upload the required conviction records. charges against corporations when addition to the tragedy, this was really My legislation will also encourage to they are illegally fired or retaliated one of the things that gives you a little the greatest extent possible under the against for exercising their rights, and hope amidst the terrible cir- Constitution that State and local gov- because President Trump’s own busi- cumstances. Stephen, of course, is the ernments do the same. nesses have had complaints filed man who responded to the shooter’s We all remember the terrible shoot- against them numerous times, it is so rampage by grabbing his rifle and run- ing that occurred at Virginia Tech a critical now that the Board is inde- ning toward the First Baptist Church. few years ago by a person who had al- pendent and committed to that core Johnnie drove the truck that chased ready been adjudicated to be mentally mission. the gunman down at high speed. In typ- ill by the State, but because the State Unfortunately, I have serious con- ical Texas fashion, these two gentle- did not upload that information into cerns about Mr. Robb’s commitment to men don’t consider themselves to be the Federal database when he went to that core mission and to supporting heroes, but I consider them to be he- buy a firearm, there was no hit, no dis- workers’ rights so more families, not roes. They said that they were just qualifier that appeared that would fewer, have financial security. Mr. doing what needed to be done. Johnnie have prevented him from buying that

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.011 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7079 firearm in the first place. We need to Once both Houses of Congress have The bill clerk proceeded to call the make sure those systems work every completed their work, my hope is that roll. time. we can get this bill on the President’s Mr. MCCONNELL. Mr. President, I What Sutherland Springs has exposed desk by Christmas. ask unanimous consent that the order is that the Federal Government is fail- Some of our colleagues across the for the quorum call be rescinded. ing to comply with reporting require- aisle, instead of contributing to the so- The PRESIDING OFFICER. Without ments. This is unacceptable, and it lution to this overly complex and self- objection, it is so ordered. must change. destructive Tax Code, have been lob- ORDER OF PROCEDURE Yesterday, Gen. David Goldfein, the bing insults from their partisan bunk- Mr. MCCONNELL. Mr. President, I Chief of Staff of the Air Force, came by ers, even though many of them have ask unanimous consent that notwith- my office, and I am grateful to him for endorsed many aspects of the plans in standing rule XXII, at 3:45 p.m. today that. I told him that it must have been years past. For example, early on, in- there be 30 minutes of postcloture time one of his worst days when he found terestingly, there was criticism of our remaining on the Robb nomination, out that the Air Force had failed to no- desire to make our global tax system equally divided between the leaders or tify the Federal authorities of the in- more competitive so that more busi- their designees; that following the use formation that would have disqualified nesses will move their manufacturing or yielding back of that time, the Sen- this individual from buying a firearm. facilities back to the United States and ate vote on the confirmation of the He appropriately expressed grave con- so that we can stamp more of their Robb nomination; and that if con- cern over the fact that the gunman’s products ‘‘Made in America,’’ creating firmed, the motion to reconsider be convictions were not sent to the NICS more jobs here. It is ironic because considered made and laid upon the database. He pledged to get to the root they were criticizing us for giving tax table and the President be immediately of the problem, and I believe him. relief to businesses when people like notified of the Senate’s action; finally, It is worth noting that we have tried President Barack Obama, back in 2011, that there be 2 minutes of debate to address similar problems before, and had endorsed the very same concept, equally divided prior to the cloture we can do it again. In 2015, I introduced not to mention the ranking member of vote on the Wehrum nomination. a bill called the Mental Health and the Senate Finance Committee, Sen- The PRESIDING OFFICER. Is there Safe Communities Act, which ad- ator WYDEN, and Senator SCHUMER. All objection? dressed a related issue, and that was of them have endorsed similar pro- Without objection, it is so ordered. the failure of State and local authori- posals, yet they were quick to criticize The PRESIDING OFFICER. The Sen- ties to upload valuable mental health us for doing exactly the same things ator from Hawaii. records into this same NICS database. that they themselves had previously Ms. HIRONO. Mr. President, Donald I think there is a bipartisan willing- endorsed. Unfortunately, our Demo- Trump has consistently made promises ness in this Chamber to work on prob- cratic friends are quick to criticize our to the American people that he refuses lems inherent in the sharing of these plans not just because they disagree to keep. He says one thing and does the records, and I hope my colleagues will with them on the merits but simply be- exact opposite. His empty promises join with me in supporting this new cause it is our proposal and they are have already hurt millions of people legislation once it is introduced. We not interested in working with us across the country, from our seniors are shooting for the first part of next across party lines. who depend on Medicare and Medicaid, week. We owe it to the men and women This is really a shame and a lost op- to the LGBTQ community he promised and the families of Sutherland Springs portunity. People are crying out for to protect and Dreamers living in fear to make sure that our laws are en- Democrats and Republicans to work to- of deportation. forced and that individuals like this gether in the best interests of the Now, with the nomination of Peter shooter with a history of violence do country. Unfortunately, our Demo- Robb to serve as the General Counsel not gain illegal access to firearms. cratic friends are simply ignoring the at the National Labor Relations Board, TAX REFORM urgency of the situation—the stagna- or NLRB, Donald Trump has broken Mr. President, I want to address the tion of American workers’ wages and yet another promise—this time, to work that the House Ways and Means couples finding it harder to start fami- fight for and protect American work- Committee is currently engaged in and lies or, once they do, pay for a college ers. As an independent agency, the what we will be doing in the U.S. Sen- education. As my friend the junior Sen- NLRB has an important mission to en- ate to reform our overly complex, bur- ator from Florida, Senator RUBIO, force our Nation’s labor laws, protect densome, and self-destructive tax sys- wrote a few days ago in the New York American workers, and safeguard their tem. I think there is a lot of momen- Times, it is more than time to rec- right to organize collectively. tum gathering each day. oncile ‘‘our social contract to the reali- The NLRB’s mission is not to ignore Yesterday, Senator MCCONNELL, the ties that working families face.’’ our Nation’s labor laws, to go after majority leader, commented on our The Tax Code has not been com- American workers, or to weaken their once-in-a-generation opportunity to prehensively overhauled since 1986. right to organize. Yet Peter Robb’s ca- overhaul our Tax Code. To accomplish Now that some of us are trying to, the reer has been dedicated to doing all the this goal, both the House and the Sen- swamp is fighting back. It is important things that NLRB is not about. ate are moving forward on different that we win this fight against the Joining the anti-union, anti-worker proposals. swamp—the special interest groups forces, President Trump has consist- This week, the House Ways and that try to come in and protect various ently nominated people to the NLRB Means Committee completed its first 2 special-interest tax provisions that who are best positioned to destroy and days of discussing the House bill un- make our code unnecessarily com- undermine the core functions of the veiled last week called the Tax Cuts plicated, forcing us to look for addi- agency itself. Earlier this year, Presi- and Jobs Act. At the same time, the tional revenue from other sources be- dent Trump forced through two man- Senate Finance Committee is con- cause they want to protect theirs at agement-side lawyers to create an anti- tinuing its work too. Chairman HATCH the expense of the rest of the country. worker majority on the NLRB. will continue to guide the committee But the do-nothing approach of the Today the Senate is debating the through an open process, and members recent past will not work. We can’t let nomination of someone who has spent will have the chance to engage in pro- them stop us because hard-working his entire legal career fighting to screw ductive discussions and debate. That families are waiting. They are waiting over the very workers the NLRB is sup- will start once the chairman’s mark or on us to quit stuffing our own pockets posed to protect. If confirmed as Gen- the base bill is released, hopefully by and start putting money back into eral Counsel, Mr. Robb will be respon- later this week. Perhaps as early as theirs. sible for supervising nearly 1,500 agents next week, we will begin the process in I yield the floor. investigating and prosecuting unfair the Senate Finance Committee of I suggest the absence of a quorum. labor practice cases and overseeing marking up that bill, with Senators of- The PRESIDING OFFICER. The elections where workers decide wheth- fering amendments and voting on it. clerk will call the roll. er or not to unionize. This is a position

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.012 S08NOPT1 S7080 CONGRESSIONAL RECORD — SENATE November 8, 2017 of great consequence for millions of that exist today without those hurri- is the number of homes for sale—has workers across our country, and they canes, and it is only going to continue receded to the 2000 level, erasing all the deserve someone much better than to grow and get worse until we deal runup we saw in the housing boom. Peter Robb. with it. Moreover, homeownership in the Mr. Robb has spent his career defend- This past February, more than 2,000 United States is now at its lowest rate ing management and employers from families packed into the New Holly since the 1960s. workers fighting to form a union, Gathering Hall in South Seattle. Each Twenty million American families, unionized workers on strike, and work- family was hoping to hear its name including 11 million renters, are now ers who brought forward discrimina- called. It wasn’t a contest. It wasn’t a spending more than half of their in- tion and disability claims. You don’t game. It wasn’t the lottery. It was a come on housing. That means less have to take my word for it. Mr. Robb’s lottery to see if families could get af- money for other essentials like food biography on his own law firm’s fordable homes. and healthcare and gas. website tells the story clearly: The Mercy Othello Plaza would soon The National Low Income Housing [His] extensive experience includes advis- open 108 affordable housing units. That Coalition tells us that 7.4 million more ing on mergers/acquisitions, plant closings, is hardly a match for the more than available affordable homes are needed labor contract negotiations (both large and 2,000 families who were interested in because we have seen an increase of 60 small), managing lockouts and strikes, se- trying to get into one of those afford- percent since the year 2000 in the need curing labor injunctions, discrimination able units. Based on the numbers for affordable housing. issues and disability claims. alone, their chance of getting an af- So the United States has become a His litigation includes defending employ- rent-burdened economy. If we don’t ad- ers from unfair labor practice charges, age fordable home was lower than an appli- cant’s chance of getting into Harvard. dress this crisis, the problem is only and sex discrimination charges, class action going to get worse. In fact, one study age claims, and wage/hour claims as well as Ninety-five percent of the families bringing suits against labor organizations. attending that night left disappointed, found that if we don’t address this cri- With such vast experience and a no-nonsense continuing to search for affordable sis, we are going to see another 25-per- approach, Peter’s clients look to him for housing. This is just one story of how cent increase in the number of Ameri- sharp advice, rigorous representation and the affordable housing crisis is gripping cans spending more than half of their powerful litigation. our Nation. I am sure every one of my income in rent. I know my colleagues on the other That is a description on his own law colleagues in the Senate could talk side of the aisle in the House of Rep- firm’s website. about a story they have heard in their resentatives are talking about what Mr. Robb cut his teeth busting State because this crisis impacts every they want to do in tax reform. I would unions and retaliating against workers State. It impacts every community, say they should look at this data as it as lead counsel at the NLRB in the both urban and rural alike. relates to where we are with homeown- early 1980s when President Reagan de- As I have traveled across the State of ership and housing and things that certified the air traffic controllers Washington, I have seen some of the would eliminate the private activity union, fired 11,000 air traffic control- most hard-hit areas for affordable bonds—one of the key drivers of afford- lers, and barred them from Federal housing. I even have veterans return- able housing production. It would be a service. More recently, he represented ing home not being able to find afford- big mistake if they got rid of that. Ob- Dominion Energy’s successful attempt able housing. I have seen an aging pop- viously, there are units of affordable to defeat a union organizing campaign ulation living longer and also not hav- housing that are being planned and at a power station in Connecticut. ing the resources when looking for af- built right now. In fact, one estimate is Management and corporations have a fordable housing. I have seen young that over 1,000,000 units wouldn’t be right to hire lawyers like Mr. Robb workers who want to be close to where who will vigorously represent their in- completed just because of the House their employment is and yet having to provision. terests, but Mr. Robb is certainly not drive so far away because that is the the right person to lead an agency Obviously, limiting the mortgage in- only place they could find affordable terest deduction for new homeowners whose mission is to protect workers’ housing. We have seen homelessness in rights, not to go after those rights could potentially increase taxes on numbers that harken back to previous homeowners and thereby limit the tooth and nail. Mr. Robb’s record clear- days when we had a true recession. number of people who could afford a ly demonstrates that he will side with The most damning part of the hous- home. Almost one-third of taxpayers powerful corporations and special in- ing crisis is, we know how to solve it. nationally claim the property tax de- terests over workers who lack the re- We just need the courage to act. ductions. They could also see an im- sources to defend themselves. For decades, the housing growth was pact to that. I hope our House col- Unions built the middle class in Ha- the most stimulative part of our econ- leagues and our Senate colleagues will waii and across our country. Instead of omy. Throughout the 1980s, housing see, in light of the housing crisis, what confirming another management pro- was 18 percent of GDP. Today that a terrible idea those things are. tector at the NLRB, we should be number has dropped to just 15 percent. How did we get to this crisis as it ex- working together to protect workers When people discuss tax reform and ists now? Part of the issue was demand. and make it fairer for them to form GDP growth, housing is still one of the For starters, the 2007 housing crash and to join a union, which is their ways that economists will tell us that pushed millions of families into the right. we can grow GDP. rental market and reduced wages on I urge my colleagues to join me in In the sixties, seventies, and eighties, working families. The demand for rent- opposing this nominee. if somebody asked, How do we stimu- al housing skyrocketed. I yield the floor. late our economy, usually a cheer Over 7 million Americans lost their The PRESIDING OFFICER. The Sen- would go up for housing, but since the homes to foreclosure, and they de- ator from Washington. economic downturn, we haven’t heard manded more affordable places to live. AFFORDABLE HOUSING that cheer. In fact, it is almost as if we Today the homeownership rate is the Ms. CANTWELL. Mr. President, I have forgotten how stimulative hous- lowest in our Nation since the 1960s. rise to talk about the affordable hous- ing is to our economy. The last 10 years have seen the largest ing crisis that is gripping our Nation. The total number of houses built be- gain of renters on record. The demand When I say ‘‘crisis,’’ I mean I know tween 2007 and 2016 total just 8.9 mil- for rental housing shows no sign of that people here are on the precipice of lion units, which is far below the 15 slowing down. talking about what we are going to do million-plus average for every 10-year Millennials, like many of the young in response to Hurricanes Harvey and period through the seventies and nine- people we see who want to be close to Irma and Maria, and I would like to ties. We are off the pace of what it jobs in our burgeoning economy, are say, the housing crisis that will exist takes to provide affordable housing. As forced to rent instead of own. They are in the aftermath of those hurricanes is a result, the vacancy rates and inven- seeing that challenged, in big numbers, real, but there are also even greater tories of homes for sale have also fall- by the fact that there is not enough implications from the housing crisis en. The national vacancy rate—which supply.

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.015 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7081 At the same time demand was going fore the crisis. Before the actual im- are purchasing homes as well as finding up from returning veterans, from aging pact of hurricanes, Texas was already affordable housing. seniors, from workplace needs, from at a crisis point. As our colleagues deal with the end- many more people needing affordable Texas has only 29 affordable units for of-the-year policy issues and deal with housing after being pushed out of the every 100 low-income households look- our response to these storms, I hope we homeownership market—at the same ing for those options. Houston is the will realize that this underlying crisis time demand was going up, supply third worst in the country for housing also needs attention. We have worked failed to keep pace. Affordable housing availability for extremely low-income on a bipartisan basis in the past to ad- stock is being, and was being, con- people. Now families from Florida to dress it, and we can work on a bipar- verted to market rate-based units. Puerto Rico are going to also be find- tisan basis in the future to both stimu- That means they got taken out of the ing a very difficult situation. late our economy and solve these prob- affordability framework. Expanding the tax credit could help, lems. A new report found that the number but we have to do more than just ex- Ninety percent of the affordable of apartments being deemed affordable pand the tax credit for those disaster housing units being built in the coun- for low-income families dropped 60 per- States. We need a very big systematic try use these tax credits, so it is only cent over the last 6 years. investment in affordable housing all by extending the tax credits, putting a With all this pressure and demand of across the United States, and expand- roof over people’s heads, that we are people falling out of home and back ing the low-income housing tax credit going to be able to deal with this crisis. into the market and pushing things is one way to do that. The good news The good news is, it helps us save down, we saw so many units that were is, we have good bipartisan support for money and it helps us with GDP affordable units get transferred over to the low-income housing tax credit en- growth. market-based rates and thereby losing acted in 1986. It helped build 3 million I thank the Chair. supply. rental units across this country over I yield the floor. The new production of affordable the last 30 years. If you want to make The PRESIDING OFFICER (Mr. housing has not filled the gap, and pro- a dent in this crisis, both in response MORAN). The Senator from Maryland. duction of affordable housing is at its to the hurricanes and the crisis that al- NOMINATION OF WILLIAM WEHRUM lowest 10-year production rate on ready existed, we need to begin filling Mr. CARDIN. Mr. President, later record since 1974. It, too, has played a that gap by increasing the credit. today we will start the process of vot- role in this problem. That is why I joined Senator HATCH ing on the confirmation of William The combination of increased de- in introducing the Affordable Housing Wehrum for Assistant Administrator mand and lack of production has Tax Credit Improvement Act, some- for the Environmental Protection caused the explosion in our affordable thing that would help us build hun- Agency’s Office of Air and Radiation. I housing crisis. The number of Ameri- dreds of thousands of new units in the take this time to urge my colleagues to cans facing extreme unaffordability— next 10 years. I am glad Senators reject this nominee and vote against that means they are paying more than WYDEN, PORTMAN, SULLIVAN, MERKLEY, his confirmation. 50 percent—has gone from 7 million SCOTT, BENNET, COLLINS, KAINE, HELL- The EPA Assistant Administrator for Americans to 11.2 million Americans. ER, LEAHY, SHAHEEN, MURRAY, SCHU- the Office of Air and Radiation super- That is a 60-percent increase in the MER, MURKOWSKI, YOUNG, GRAHAM, vises national programs and policies number of people in the United States SCHATZ, BOOKER, HASSAN, ISAKSON, and for regulating air pollution and radi- who are in this area of extremely SANDERS are all supporters. ation exposure. Notably, this office ad- unaffordable rates for housing. We have good, bipartisan support ministers the Clean Air Act. While I know we are going to discuss from people who understand that this As a member of the Senate Com- natural disasters and helping commu- crisis is real and that it is only going mittee on Environment and Public nities recover—everywhere from the to grow. But we also know that the ad- Works, I once again find myself using families who have been impacted in ditional tax credit would create almost my voice to say that science and public Florida, in Texas, and various places— 450,000 new jobs over the next 10 years. health, not partisan politics, should we also have to look at the issue of af- That is because housing is stimulative drive the confirmation process. fordable housing everywhere from Se- to the economy. Construction alone If confirmed, Mr. Wehrum is expected attle and Portland and San Francisco supports over 2 million jobs. And it to play a leading role in dismantling to all the way across the country, to helps by making sure that the eco- climate change regulations. Since the Philadelphia and Miami and many nomic impact to GDP is realized now Supreme Court decision in Massachu- other places. through this investment. setts v. EPA in 2007 ruled that carbon In the aftermath of Katrina, Con- It also helps us save money as an dioxide and other greenhouse gases are gress passed an expansion of the low- economy and a country by putting a dangerous air pollutants, OAR is the income housing tax credit, and it built roof over people’s heads. One of the office that accepted the endangerment 28,000 affordable units on the gulf. I reasons I was so excited to work with finding and developed the Clean Power know my colleagues will want to do Senator HATCH on this was because in Plan to address carbon pollution. something similar for Texas and the his home State of Utah, they made Given the Trump administration’s Gulf States to make sure we are doing such great progress in dealing with own admission—or lack of suppres- something, but we need to understand their homeless veteran population. The sion—in the latest update to the Na- that at the time of Katrina, there was community decided that by putting a tional Climate Assessment ‘‘that it is a need due to more than 275,000 homes roof over someone’s head, they actu- extremely likely that human activi- destroyed by that hurricane. Building ally helped lower overall costs. One ties, especially emissions of greenhouse 28,000 units was barely a blip. study found that placing people in af- gases, are the dominant cause of the The low-income housing tax credit fordable housing lowered Federal Med- observed warming since the mid-20th helped rebuild some units, but it came icaid expenditures by an average of 12 century,’’ it should be common sense nowhere close to solving the housing percent, and a University of Pennsyl- to nominate and confirm Administra- crisis in New Orleans. Market rates in vania study found that taxpayers could tors who care about our environment New Orleans are 35 percent higher after save $16,000 per homeless person who and our future, including acting on cli- the storm, and 37 percent of households was placed in affordable housing. mate change. It is inexcusable to con- are paying more than half of their in- So we need to act. We need to realize firm those who disagree with that. I come in housing. Now, 12 years later, that housing provides an investment in am not convinced that Mr. Wehrum another disaster has hit, and we are job creation and has historically con- will act on carbon pollution or any going to try to address this crisis, but tributed between 2 to 4 percent of GDP other air pollutant. the housing burden for extremely low- growth since the 1980s; that it is an un- It would take an extraordinarily income families in Texas and the major derpinning of our economy; and that independent Assistant Administrator metro areas of Texas is among some of we need to make sure that our Tax to resist the current course at the EPA the worst in the Nation. That was be- Code works and make sure that people under EPA Administrator Scott Pruitt.

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.017 S08NOPT1 S7082 CONGRESSIONAL RECORD — SENATE November 8, 2017 We know that we have a challenge at He was seen as an unacceptable land of opportunity, eliminating the the top. We need as the person to head choice in 2007 when he was nominated regulations and pulling back on taxes this Agency a person of integrity who to lead the same Agency by President to helping our economy grow. will stand up for what science tells us Bush, and his nomination was with- The President has signed legislation we need to do in protecting air quality. drawn over Democratic opposition. So that we passed in this Congress repeal- I would argue that Mr. Wehrum is not this is not the first time we have had a ing one after another of the Obama ad- that person. chance to deal with Mr. Wehrum for ministration’s rules, regulations, and Let me go over some of the chal- this position. In the interim, he has restrictions. President Trump has lenges we face. only continued his work to advance in- issued Executive orders cutting back For example, in January of 2017, the dustry by advocating for weakening on excessive redtape. President Trump EPA issued itself a 6-month extension the Clean Air Act. has appointed very good people to im- to respond to Maryland’s Good Neigh- I will continue to stand up for the portant jobs who are committed to bor petition. The petition alleges that rights of Marylanders and all Ameri- reining in Washington’s out-of-control 36 powerplants in five neighboring cans to air that is safe to breathe and bureaucracy. All of these things are States are preventing Maryland from a climate that is livable, and all of us important and critical to keeping our meeting its own obligations under the can help in that regard by rejecting economy growing. Clean Air Act. That deadline expired this nominee. Another big part is what we are try- with no EPA action on the petition. Mr. President, I suggest the absence ing to do now in terms of cutting taxes On September 27, 2017, Maryland filed of a quorum. for the American people. People want suit against the EPA. The PRESIDING OFFICER. The to keep more of their hard-earned On October 5 of this year, the Chesa- clerk will call the roll. money in their own pockets. peake Bay Foundation filed a similar The senior assistant legislative clerk Here in the Senate we now have a lawsuit because pollution from power- proceeded to call the roll. once-in-a-generation opportunity to plants is a source of nitrogen pollution Mr. BARRASSO. Mr. President, I ask cut taxes in a way that will actually in the Chesapeake Bay. unanimous consent that the order for help American families. We can help On October 27, 2017, the EPA denied a the quorum call be rescinded. families directly by raising their in- separate Maryland petition asking the The PRESIDING OFFICER (Mr. comes, and we can help them indirectly EPA to add nine States to the Ozone TILLIS). Without objection, it is so or- by growing the economy. Here is how Transport Region, alleging that these dered. we can do both, because that needs to States contribute to the violation of TAX REFORM be our goal. the 2008 ozone national ambient air Mr. BARRASSO. Mr. President, 1 The first thing we can do is to give quality standards. year ago, the American people went to people a raise by doubling the standard In its response to the petition, the the polls. The American people de- deduction. If we raise the deduction, EPA determined that expanding the manded a change. They demanded a people keep more of their hard-earned Ozone Transport Region is ‘‘not appro- money, and it makes taxes simpler. change from 8 years of too little eco- priate at this time’’ because existing Right now, the standard deduction for nomic growth and too much govern- rules will achieve reductions in emis- a married couple is $12,000. Two-thirds ment control and regulations. The ef- sions. The EPA’s response states that of Americans take this deduction. If we fect was immediate, and the effect was ‘‘better-targeted approaches, such as roughly double it, people will not pay incredible. those under the Clean Air Act’s good any Federal income tax at all on the In the past year, we have gotten a lot neighbor provision, would be more ef- first $24,000 they earn. That is a big of very good news about the American fective in addressing the 2008 ozone tar- cut. It means that a lot more people economy. Right after the election, gets.’’ will decide to take this deduction in- businesses became much more opti- The EPA’s reasoning to deny the stead of having to go through the mistic about the direction of our coun- Ozone Transport Region petition—that painstaking process of itemizing their try and they started hiring. Last Fri- existing rules will adequately address deductions on their tax return. It saves day, we learned that in the United transported pollution—is predicated on them a lot of time, it saves them a lot States we have created more than 2 the sincere implementation of those of headaches, and it saves them the million jobs since election day 2016. rules. In fact, Maryland did utilize—we cost of accountants and lawyers who did utilize—a ‘‘better targeted ap- Someone said to me: Well, you have to help figure out the very com- proach.’’ Maryland filed a Good Neigh- shouldn’t count it from election day. plicated tax system in this country. bor petition last November that was ig- You should count it from Inauguration Millions of families will be better off nored for 1 year, prompting the lawsuit Day. Certainly, in my home State of just from this one tax cut alone. against the EPA. Wyoming, on election day there was a A second thing Republicans are look- Based on his professional history and confidence, an optimism, a positive ing to do is to reduce the tax rate for testimony, I do not have reason to be- feeling that started just at the moment small businesses, the people who are lieve that Mr. Wehrum will ensure that it was announced that Donald Trump creating jobs all across the country. If existing rules will adequately address had been elected President of the someone owns a small business in my air pollution. While he worked at the United States. home State of Wyoming, she probably EPA during the George W. Bush admin- Right now we have the lowest rate of ends up paying the taxes on her per- istration, Mr. Wehrum attempted to di- unemployment since the year 2002. We sonal tax return rather than on a sepa- rect the Agency’s air requirements to have seen the economy grow at more rate business tax return. If we cut her favor markets, earning praise from in- than 3 percent for the past 2 quarters. tax bill, that is money she can then use dustry groups he would later represent Consumer confidence just reached the to give her workers a raise, to hire in private practice. How can we ask highest level in almost 17 years. All of more people, and to create more jobs in Mr. Wehrum to objectively administer this is happening since President our community. She can put money the Clean Air Act after a career spent Trump was elected, and this is very back into the business to help grow the on one side? good news for America. economy as well. Mr. Wehrum has 20-plus years work- We can’t stop now. We have to do all When you leave more money in peo- ing for the industry as a lobbyist. He we can to keep on this path toward a ple’s pockets, they get to decide how to has a record of ignoring science in the more prosperous country. Americans use that money—what they decide to recommendations that he made. There are optimistic because they know that spend, what they decide to save, and are examples of where he absolutely President Trump is focused on easing what they decide to invest. People are disagreed with expert groups—just to the regulations that have held back much better watching their own money give one example, the Academy of our economy for the last 8 years. We than the government ever was, giving American Pediatricians’ assessment on know that government can create op- people value for that money. mercury and air toxins submissions. portunity or crush opportunity based So we want to make sure that tax re- Mr. Wehrum took issue and disagreed on a combination of regulations, man- form includes a break for small busi- with their findings. dates, and taxes. We are now in the nesses. Around here, they use the

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.019 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7083 words ‘‘tax reform.’’ To me, it is about about the growing inequality and un- million files known as the Paradise Pa- tax reduction, tax relief, and tax cuts. fairness they see all about them. pers exposing just how horrific this sit- Republicans also want to bring down It is hard to believe, but in the uation has become. These papers show the rates that Washington charges United States of America today, the how a handful of oligarchs in the other businesses. If we can cut the rate top one-tenth of 1 percent now owns al- United States and throughout the businesses pay from 35 percent down to most as much wealth as the bottom 90 world get richer by hiding their wealth 20 percent, that could be an enormous percent—one-tenth of 1 percent, bot- and their profits offshore to avoid pay- boost to the economy. Economists who tom 90 percent. A study came out fair- ing their fair share of taxes. The list of look at this say it is like giving the av- ly recently indicating that in the individuals implicated in the Paradise erage American family a $4,000 a year United States of America today, the Papers include billionaires such as the raise. That is how much the average three wealthiest people in our coun- Koch brothers, Sheldon Adelson, Carl household’s income would go up, be- try—Bill Gates, Jeff Bezos, and Warren Icahn, and Robert Mercer. It includes cause workers actually bear most of Buffett—now own more wealth than large financial institutions such as the burden of taxes that businesses the bottom half of the American peo- Wells Fargo, Citigroup, and Bank of pay. ple. Three people own more wealth America. It includes large multi- Now, Democrats actually think the than the bottom half of the American national corporations such as Apple, money belongs to Washington. It people. Nike, and ExxonMobil. It includes doesn’t. It belongs to the people at Meanwhile, while the very, very rich members of the Trump administration, home who earn it. Democrats often get richer, some 40 million Americans such as Secretary of State Rex think that if you give Americans even are living in poverty. These are people Tillerson, Commerce Secretary Wilbur a single dollar in tax cuts, you are tak- who are struggling today to figure out Ross, chief economic adviser Gary ing away Washington’s money. It is not how they put food on the table for Cohn, and Treasury Secretary Steve Washington’s money. The money be- their kids, how they put gas in the car Mnuchin. longs to the people at home. in order to go to work, how they pay Let’s be clear. Offshore tax evasion is We know the exact opposite of what their electric bills, how they deal with a major problem not just for the the Democrats believe to be true. Re- childcare. There are 40 million people United States but for governments publicans know that giving Americans living in poverty. The middle class is throughout the world. This is really a tax cut is the same as giving them a disappearing. People are working two quite unbelievable. In the year 2012, the raise. Every dollar a family doesn’t or three jobs. For the first time in the Tax Justice Network estimated that at have to send to Washington in taxes is modern history of this country, young least $21 trillion—$21 trillion, a number a dollar they can use for something people may well have a standard of liv- almost beyond comprehension—is better. It is a dollar they can use for ing lower than their parents’. being stashed in offshore tax havens food, for shelter, for kids, for edu- On top of all of that, we remain the around the world. Imagine that. There cation, for things that matter to their only major country on Earth that is $21 trillion flowing into tax havens family. It is another dollar a small doesn’t guarantee healthcare to all of in the Cayman Islands, Bermuda, Lux- business can use to pay its workers our people. Twenty-eight million peo- embourg—all these places around the more or reinvest in the business to help ple today have no health insurance. world where the billionaire class and grow the economy in that community. Many more are underinsured. And if large corporations are stashing their Tax cuts mean that people decide how our Republican colleagues get their money not only to avoid taxes in the to spend their own money; Washington way, they are going to throw another United States but to avoid taxes in doesn’t decide. Families know how to 20 or 30 million people off of their Great Britain, France, Germany, et use money much better than Wash- health insurance. cetera. ington ever will. It is not only the reality of grotesque There is a funny thing about these As we debate these issues and ideas levels of inequality that is making the guys. All of these billionaires love vet- with regard to tax relief, we have an American people despondent and erans, and they love the military. They exciting opportunity to give the Amer- angry; it is the reality that the people want to see us rebuild the infrastruc- ican people a raise and to give the on top, with their wealth and power, ture, and they want to see our kids get American economy a boost. This is can access lawyers and accountants a good education. But you know what, something a lot of people have been who are able to manipulate the system they don’t want to pay taxes to make working on for a long time in the Sen- to benefit themselves at the expense of that happen. They want ordinary peo- ate. Over the past 6 years, the Finance everyone else. That is the essence of ple to pay the taxes. Republicans here Committee has held 70 hearings on how what a rigged economy is about and want to increase military spending by to make our Tax Code better for all what I want to say a few words about $50, $60 billion. It is not the billionaires Americans. today. who are going to pay the taxes on Republicans are working, and we are In my view, one of the great crises that—they have their money in the listening to make sure that we get the facing our world—and we are in a world Cayman Islands. It is the working tax reform right that the American of many crises—is the rapid movement class, the middle class, upper middle people and families need. When it toward international oligarchy in class who will pay, not the billionaires. comes to tax cuts, I believe the more which a handful of billionaires own and They love America—except when it the better. The more people who get a control not just a significant part of comes to accepting their fair share to tax cut, the better. The more we grow the American economy but a signifi- make sure that we continue to provide our economy, the better. It is our job. cant part of the world economy. Need- the services our men, women, and chil- It is about paychecks. It is about jobs. less to say, this is an issue that does dren need. It is about prosperity. It is about a not get a whole lot of discussion be- The situation has become so absurd— strong and healthy economy for Amer- cause, in general, the more important and this is really how crazy it is—that ica. That is what we as Republicans are the issues are, the less discussion they one five-story office building in the committed to. We cannot let this op- get within the corporate media or Cayman Islands is now the home of portunity pass. within the political world that we live nearly 20,000 corporations. This par- Mr. President, I yield the floor. in here in the Congress. ticular building in the Cayman Islands The PRESIDING OFFICER. The Sen- Let me reiterate. One of the great is called the Ugland House. It is five ator from Vermont. crises that we face is that a handful of stories. I know that you can squeeze Mr. SANDERS. Mr. President, wheth- billionaires are moving this entire people into a building—sometimes er one is a progressive, a Democrat, a planet toward an oligarchic society in three or four people live in a room—but conservative, a Republican, or some- which the people on top not only have I think it is a little bit hard to under- where in between, there is a deep un- incredible wealth but incredible polit- stand how 20,000 corporations function derstanding in this country that we are ical power as well. in a five-story building. Of course the living in a rigged economy, and people This last Sunday, a group of inves- answer is that 20,000 corporations do are increasingly angry and frustrated tigative journalists released over 13 not function in this five-story building.

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.020 S08NOPT1 S7084 CONGRESSIONAL RECORD — SENATE November 8, 2017 It is all a fraud. It is simply a mailbox do much better than paying zero in rural areas or whether they are in address for 20,000 corporations that are Federal income tax and be a profitable urban areas or anyplace else in be- in this building in order to avoid pay- corporation, but that is what is going tween. ing their taxes. They are stashing their on. Republicans want to make that What I am very happy to note is that profits and their wealth in corpora- even worse, and then they want mil- there is excellent legislation—bipar- tions that use this building as a mail- lions of middle-class people, by the end tisan legislation—here in the Senate, ing address. of the decade, to be paying more in introduced by Senator ROY BLUNT and I know we are busy talking about so- taxes. That is absurd, and I hope the Senator DEBBIE STABENOW, that would called tax reform here, but in the American people stand up and demand reauthorize these successful programs United States alone, offshore tax eva- that we do not go forward with that for 5 years and provide modest in- sion costs our government about $166 proposal. creases in their funding. This program billion in lost revenue each and every HEALTHCARE not only has the support of virtually, year. That is a lot of money that could Mr. President, on another issue, I perhaps, every Democrat or every be used to rebuild our crumbling infra- want to mention that there is a crisis Member of the Democratic Caucus, but structure—our roads, our bridges, our in primary healthcare, and unless Con- I think it has at least 9 or 10 Repub- water systems. One trillion dollars— gress acts immediately, that crisis is lican cosponsors. I believe, if that bill that is 8 or 9 years of that $166 billion— likely to become much worse. Millions were to be brought to the floor of the could create up to 15 million good-pay- of Americans are at risk of losing their Senate, it would pass with over- ing jobs. That is money that could be access to healthcare because Congress whelming support because every Sen- used to provide universal pre-K for our has still not renewed funding for the ator here knows of the excellent work children so that when kids get ready to community health center program, that is done by community health cen- go to school, they will be prepared to which expired on September 30. ters from one end of this country to do the work there. But instead of Our Nation’s community health cen- the other. cracking down on offshore tax schemes, ters provide affordable, high-quality I hope that this issue will get the at- President Trump and my Republican healthcare to more than 27 million peo- tention it deserves. It should have been colleagues in Congress are working ple. What community health centers do funded at the end of the fiscal year. It overtime to pass legislation that would is not only provide high-quality pri- wasn’t. I just talked to a physician in make this absurd situation even worse. mary healthcare but also dental care, Burlington, VT, who works for a com- At a time when corporations are mental health counseling, and low-cost munity health center. They are wor- making recordbreaking profits, my Re- prescription drugs. Community health ried, and doctors and nurses all across publican colleagues want to slash taxes centers not only save lives, they also this country are worried, as are pa- for companies that are shifting Amer- end up saving money. What they do is tients, about the lack of reauthoriza- ican jobs to China and American prof- keep people out of emergency rooms tion of this very important bill. its to the Cayman Islands. At a time of and keep people out of hospitals be- I hope that this bill will get moved massive wealth and income inequality, cause people can now go to the doctor very quickly along with the CHIP pro- President Trump and the Republicans when they should. The savings are also, gram. There is bipartisan support for in Congress want to cut taxes for bil- really, quite significant. Investing in it, and I hope that we can get it to the lionaires by repealing the estate tax on community health centers keeps peo- floor and get it passed as quickly as families who inherit over $5.5 million. I ple healthier, keeps people alive, and possible. think the American people grasp the saves taxpayers’ money. I yield the floor. unfairness and the absurdity of the Re- Not only do we have to renew funding I suggest the absence of a quorum. publican tax proposal. for the Community Health Center Pro- The PRESIDING OFFICER. The The top one-tenth of 1 percent own gram, but we must also improve and clerk will call the roll. almost as much wealth as the bottom expand the National Health Service The legislative clerk proceeded to 90 percent. The very, very rich are get- Corps, one of the, really, very positive call the roll. ting richer while the middle class is health programs that the Federal Gov- Mr. BLUNT. Mr. President, I ask shrinking, and the Republican response ernment runs. What this program un- unanimous consent that the order for is to give massive tax breaks to the top derstands is that for a variety of rea- the quorum call be rescinded. two-tenths of 1 percent—two-tenths of sons, including the fact that many The PRESIDING OFFICER. Without 1 percent. These are families like the young people leave medical school objection, it is so ordered. Walton family, the wealthiest family being $300,000, $400,000 in debt, it is very VETERANS DAY in America, who owns Walmart, who hard to get young doctors, dentists, Mr. BLUNT. Mr. President, this com- would get up to a $50 billion tax break; nurses, and nurse practitioners to un- ing week will mark Veterans Day. It is and the Koch brothers, who have derserved areas in rural America or in an important time for us to reflect on enough money to spend hundreds of urban America. What this program what veterans do for us and what their millions of dollars trying to elect does is provide debt forgiveness and families do for us. The sacrifices of rightwing candidates to Congress. sometimes scholarships for young grad- both those who serve and those who There are massive tax breaks for bil- uates of medical school or nursing support those who serve are incredibly lionaires and at the same time, an ef- school or dental school and says: If you important. fort to throw up to 30 million people off are prepared to practice in an under- We have half a million Missouri vet- of the health insurance they have, mas- served area, we will forgive your loans. erans, and one of the great privileges of sive cuts in education, in nutrition, That is a big deal in attracting pro- this job is to get to represent them, and in the programs that working fam- viders to areas in which we desperately their values, and the commitment to ilies desperately need. need them. freedom in our country that they stand Instead of providing even more tax The bad news is that, as every Amer- for. breaks to very profitable corporations ican knows, this Congress and this A couple of weeks ago I had the op- and to billionaires and President country are very politically divided. portunity to welcome a group of south- Trump’s Cabinet, maybe—just maybe— That is no great secret. The good news west Missouri veterans who came to it might be a good idea to close off- and the truth is that in terms of com- Washington with the Honor Flight pro- shore tax loopholes and demand a fair, munity health centers—Senator Ted gram. I think the Presiding Officer also transparent, and progressive tax sys- Kennedy was one of the founders, who does this, but every time I get a tem. worked with Republicans—from the in- chance, if there is an Honor Flight I hope the American people are ception of the program, there has been from our State, I try to get down there catching on—as I believe they are—to a widespread understanding on both because it is a great time to see and to what a fraud the Republican tax pro- sides of the aisle that communities all talk to and to thank those who have posal is. Today, one out of five major, over America in every State in our served us. profitable corporations already pays country are benefiting from commu- When the Honor Flights started 20 zero in Federal income tax. You can’t nity health centers whether they are in years ago or so, there were still some

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.022 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7085 World War I veterans coming, and then chairman of that committee. He has a move employees who are not doing they were almost all World War II vet- great committee, but they have a great what they ought to be doing and, in erans. Today we see some World War II chairman. That committee, with its fact, are aggressively doing, in some veterans, Korea veterans, and Vietnam chairman, and the committee in the cases, things they shouldn’t be doing. veterans, all of whom serve in the House have passed eight bills, at least, We worked to expand the possibility great tradition of being willing to fight that the President of the United States and the opportunity for education ben- for the freedoms that we enjoy every has signed into law that do a number of efits by expanding what can happen day. I find it humbling and gratifying things for our veterans. under the post-9/11 GI bill, helping to to know that those veterans get to We have built on previous progress connect veterans with employers who come here and enjoy the day with each for improving veterans care. A few provide benefits and programs. The other. In many cases it is the first time years ago, we made the decision that HIRE Vets Act, a bill I sponsored in they have ever been to the Capitol, the veterans need to have more choices. A the Congress, was part of the first National World War II Memorial, Ar- veteran shouldn’t have to drive by a major pieces of legislation the Con- lington, and the other places on the hospital they would like to go to in gress passed this year. I think that, trip that now so many tens of thou- order to get to a hospital miles and sometime in the next few weeks, the sands have taken. miles away. They shouldn’t have to Department of Labor is going to be Many of those veterans whom I saw pass three or four facilities that could talking about how we will recognize the other day and whom I have seen do as good a job or better in order to and evaluate employers who hire vet- through the history of the Honor get to a veterans facility. erans, who give veterans credit for Flight program were just teenagers There are some things our veterans skills they learned in the military, and when they answered the call to serve— facilities should do better than any- who promote veterans. To every em- basically, a little more than high body else. They should be better at ployer who hires veterans, that is a school kids who knew that something dealing with post-traumatic stress bet- good thing and we should want to do needed to be done and they were able ter than anybody else, although they that. The HIRE Vets Act, like the and willing to do it. They fought dif- may not be as accessible. They should LEED standard for energy, creates a ficult battles and, in some cases, often be better at dealing with patients who standard so that we can recognize com- under unbearable conditions. Some of have suffered from IED attacks, eye in- panies that do that in a significant them lost their closest friends in the juries, people who work with veterans way. I am pleased that Secretary military. Many of them lost comrades in prosthetics, and those patients who Acosta in the Department of Labor has in arms. Some of them lost comrades have lost arms and legs in the service put that on a fast track so these com- right beside them. Some of them lost of our country. They should be pretty panies can be recognized for what they people who went out on another mis- good at that. There is no particular do. sion and never came back. Some of reason they should be good at open Our veterans have worked hard and their families lost a servicemember heart surgery or kidney dialysis or all have put themselves in danger to keep who never became a veteran. the other things you go to the hospital us safe. As legislators, we owe them, as I was down in Perryville, MO, a little for, if that is where a veteran wants to we owe those who follow in their foot- town between Cape Girardeau and St. go. We found out that a lot of veterans steps, our continued efforts to ensure Louis, on the Mississippi River. They would rather go closer to home. A lot that those defending our country have are building an exact replica of the of veterans would like to go to the hos- everything they need and to show that Vietnam Veterans Memorial—the Viet- pital they are more familiar with when we are also grateful to those who have nam wall. We were able to present a they need their own healthcare. They defended our country in the past. flag to the group that raised the money would like to go to the hospital they I yield the floor. and made the plan to replicate the have been to lots of times with other The PRESIDING OFFICER. The Sen- Vietnam Veterans Memorial on the family members and others. ator from Georgia. Mall to take it back and become part So we really expanded the Veterans Mr. ISAKSON. Mr. President, I wish of the Vietnam memorial at Perryville. Choice Program and expanded the to thank Senator BLUNT, the distin- Our veterans are an extraordinary money available for that program. We guished Senator from Missouri, for his group of men and women. They really try to create these opportunities side eloquent remarks on veterans and in stand for the best we stand for as a na- by side with an existing facility. There support of all the things the Presiding tion. It is important that with not just has to be some startup money involved, Officer and I have tried to do on the honor them on Veterans Day but honor but, eventually, I think our young vet- Veterans’ Affairs Committee and for them every day—every day that we live erans will find that they can almost al- pointing out the many reasons we in in this free and prosperous Nation that ways find a hospital they would rather America are so proud of the veterans in they helped defend. go to or a doctor they would rather see. service, who allow you and I to be here Admittedly, it is hard not to take all We have increased compensation for today. Were it not for our veterans, of the freedoms that we enjoy for veterans with service-connected dis- this Republic would not exist. granted because generations of Ameri- abilities. World War II veterans, such I was wondering how I would start cans have been willing to fight and die as Arla Harrell from St. Louis, who out this speech. I did an interview with to protect those freedoms. Because of suffered a lifetime of illness because he a reporter who wanted to ask me a that, generations of Americans have was part of a mustard gas experiment, number of questions about the current benefitted from those freedoms, and it is finally getting both compensation administration and what we were doing seems to us the way people should be and the recognition that throughout for veterans. It turned out to be a 35- or able to live everywhere. Maybe too his lifetime his health was impacted by 40-minute interview. often we think it is the way people do something that happened while he was I said I had to go, and he said: I have live everywhere, but in many parts of serving his country. one more question for you. the world, having the security to walk We have continued efforts to address This was by phone. So I couldn’t look out the door every morning, to drop the problems at the Veterans’ Adminis- him in the eye, and he couldn’t see me. your kids off at school, to go to work tration by passing legislation to mod- He said: I have one more question for and earn a living, to worship as you ernize the outdated benefits claims ap- you. please, and to build a better life is not peals process to make it easier for VA When you hear that from a reporter, available to people in other countries employees to be fired for misconduct. that means the zinger is coming. the way it is here. That is the debt of We want to protect employees who He said: Don’t you think we could gratitude we owe to our veterans. point out what is wrong. There have save a lot of money if we didn’t fight in This year, one of the areas of great been plenty of whistles being blown at any more wars? legislative success has been in the the VA over the last decade. While we I thought for a minute. I said: We work for veterans. Chairman ISAKSON want to be sure people can blow those probably could, but there wouldn’t be of Georgia is going to follow me on the whistles, we also want to be sure that any reason for you and me to exist if floor in just a few minutes. He is the the VA can quickly and effectively re- we didn’t fight any more wars, because

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.024 S08NOPT1 S7086 CONGRESSIONAL RECORD — SENATE November 8, 2017 America is the place where everybody people remember who Jackson Elliott They let him in, and he did. He grad- wants to be because we are safe and we Cox III was. uated with honors. A few months later, are free and we are independent, be- I said: Jack, I will do that. he graduated as second lieutenant from cause we fight and defend what we have Sure enough, 2 years later he was the U.S. Army at Fort Benning in as a country. I thought I would bring shot and killed by a sniper in Vietnam. Georgia. Before too long, he was in that up in my speech today because He lost his life at the age of 24. He was Gazaria in Iraq, a suburb of Baghdad, that is the reason we celebrate vet- the finest human being I had ever handing Beanie Babies out of one pock- erans today. So we give thanks to the known, the nicest guy I had ever met, et while the other pocket of his field men and women who volunteer, who and my favorite friend in all of my life. jacket had his ammunition. He was served our country in the wars over- He was taken from me because he vol- trying to win over the hearts of the seas, in the battles overseas, and, unteered to serve and fight for our Iraqi children while he was fighting to sometimes, in the challenges domesti- country. preserve freedom for them and return cally to protect us and keep us free. I am going to keep today on the floor their country to some form of a democ- America is a great country. We don’t of the U.S. Senate the promise I made racy or republic, away from the cap- find anybody trying to break out of the to him at the bus station. I want you tives of Saddam Hussein. United States of America. They are all to know who Jackson Elliott Cox III I knew Noah casually. I know his trying to break in and for a very good was. He was a good old country boy parents well—Rick and Lucy Harris. I reason. It is a safe and free place to from South Georgia who volunteered to know they have mourned every day raise a family, to start a business, and serve his country and risked his life since they lost Noah in Baghdad when to serve in many other ways. and gave his life so that you and I he died in an IED accident, but I know So this year, on the 11th day, at the could be here today. how proud they are of what he did and 11th hour and the 11th minute of No- There are thousands of Jackson El- why he did it. I am proud he was my vember, when we celebrate Veterans liott Coxes all over the world. In fact, friend, and I am proud to have known Day, pause for a minute to say thanks there are millions all over the country. him as well. I am proud to be able to for those who have come and gone and There are hundreds of thousands of stand on the floor of the U.S. Senate for those who are still here who fight them, and we have so much to thank today and talk about Noah Harris and to serve and protect us. them for because less than 1 percent of talk about Jackson Elliott Cox, who Always remember that the Congress, our population has worn the uniform, were exemplary of all the others who shortly after the end of World War I, been in the battle, and fought to save have served in the military—men and decided that the 11th day—the day the us and protect us as Jackson Elliott women, rich and poor, Black and White, who have gone and fought the armistice was signed—of the 11th Cox did. month, November, with the 11th hour When you have your chance to meet battle and borne the battle for us so being 11 o’clock in the morning, would and become friends with a veteran— that we could be where we are today. It kind of reminds me of the person be the time the bell would toll to cele- and all of you will—remember you owe who went to Benjamin Franklin in brate and pay tribute to those vet- them a debt of gratitude. At some Philadelphia shortly after the Con- erans. So at 11:11:11 this November 11, time, when you get the chance to pay stitution was adopted in Constitution we are all going to toll that bell one that debt back, do what I am doing Hall and said: Mr. Franklin, what have more time to give thanks for our vet- today. Don’t let their memory ever be you given us? erans for all they have done for us and lost or forgotten no matter where you He paused for a minute and said: ‘‘A for all they will do for us in the future. go or where life takes you because you republic, if you can keep it.’’ It is best, when you talk about vet- wouldn’t get to where you are going, We have kept it. We have kept it be- erans, to talk about them as the people had they not allowed you to be safe and cause we have subscribed to the Con- they were and the people they are, free to travel that route. stitution but also because we have a whether they are alive or whether they The second name I am going to men- militia and a military. We are willing have passed on. I want to talk about tion is Noah Harris. Noah was from to fight for what we believe in, protect two veterans whose paths have crossed Ellijay, GA. Noah was a cheerleader at our citizens, and keep our country free. my life to point out why we owe them the University of Georgia. On Sep- The country that our Founding Fa- so much and why we have so much to tember 11, 2001, he turned on his tele- thers gave to us, that was nurtured in be thankful for. One of them is Jackson vision to see 3,000 innocent citizens, the early days of this Republic, which Elliott Cox, III of Burke County, GA, most of them Americans, die in the now is hundreds of years old, is still which is the Bird Dog Capital of North Twin Towers when al-Qaida and Osama there today for lots of reasons but, America. It has raised and trained bin Laden and the axis of evil attacked principally, the undergirding founda- more bird dogs than anywhere else in our country, took our innocence, killed tion is a strong and vibrant military. the country. It is the home of a nuclear our people, and changed the world for- When Veterans Day comes, give power plant, the Plant Vogtle. It is a ever. thanks for the veterans you know. beautiful rural county in Georgia. Noah was a cheerleader. We don’t Mention a couple of them, as I have Jack was my best friend in college. have a mandatory draft anymore. You done here, so their memory and their We met in 1962; we graduated in 1966. I don’t have to serve, and he was not names never die, but also so we can lift will never forget that the last time I serving. He was going to graduate in a them up at a time when we pause for saw Jack was when he was shipping out year and a half. He wanted to be an ar- just a minute to say thank you for the to go to OCS in the Marine Corps. Jack chitect. greatest country on the face of this had decided when he graduated that it The next morning, after 9/11, when he Earth. was more important for him to volun- left his dorm, he went to the Army Senator BLUNT talked about our com- teer and fight for our country because ROTC building at the University of mittee and what we have done this of what was going on in Vietnam than Georgia campus. He walked in and said: year. I want to take just a minute to do anything else, so he voluntarily I want to go to OCS. I want to go. After reiterate some of the things he said. joined the Marine Corps, went to OCS, what I saw on TV last night, I want to There are no Democratic veterans and got his commission as an officer, and go fight and get the people who did no Republican veterans; there are only became a captain in the U.S. Marine that to my country and my friends. American veterans. They don’t go to Corps. He fought and he died in Viet- They said: No, Mr. Harris you can’t the battlefield as a partisan; they go to nam. do that. OCS is a 2-year program at the the battlefield as an American, and I will never forget the last words he university, and you are graduating they fight for us whether we are Re- told me when we put him on the bus next year. You don’t have enough time publicans or Democrats. They risk from Waynesboro, GA, to Atlanta, ulti- to do it. their own life and sometimes sacrifice mately, to be shipped out. What he said He said: I will double up on my stud- it so that we can do what Ben Franklin is: Johnny, I am sure I am coming ies. I will do whatever. I want to go. I said: Keep that republic. We owe them back. Don’t worry about me. Just pray want to fight for my country and fight a lot. In fact, in many cases, we owe for me. But in case I don’t, make sure the axis of evil. them everything.

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.025 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7087 We have had a mess at the VA in the body is protected by new Kevlar vests women in uniform and all that they do last 10 years. They have been the lead that are impenetrable by a bullet, so for us. story on USA Today more than any most of them succumb to IEDs and ex- This weekend at events across the other agency in the government for plosives and things of that nature. country, we will pay tribute to the fine failures of the VA to do the job that We have the healthcare to provide men and women who have served in our should have been done. Under David them with the best possible rehabilita- Nation’s Armed Forces. Every day—but Shulkin, the Secretary of the VA ap- tion we can, but you can never really especially on Veterans Day—we honor pointed by President Trump, under the replace a leg or an eye or a body part. these soldiers who have left the com- leadership of our committees in the Once somebody has sacrificed it for- forts of home and family to defend our House and the Senate, and under a ever, they wear the burden of the bat- freedoms and fight for our way of life. commitment to bipartisan service by tle and of war. Our freedoms have been secured by all our Members—which means we do We have an obligation, as the Vet- the sweat and sacrifice of courageous almost everything unanimously and, if erans Administration, as the Congress men and women who, throughout our not unanimously, almost unanimously of the United States in the House and history, have bravely done what was because it is not about getting Repub- the Senate, to see to it that we back up needed to protect our great Nation. We lican credit or Democratic credit; it is those promises our recruiters made also recognize that those who serve do about doing the right thing for the when they came to join the military, not serve alone. We appreciate, too, the right people who have done so much for to see to it that they get those services sacrifices of the families and the loved us—we passed the Whistleblower Pro- from their Veterans Administration. ones who have supported our veterans tection Act this year to give whistle- Dr. David Shulkin is doing a phe- in their service. blowers in the VA the protection they nomenal job. My ranking member, JON This Veterans Day, we will honor need to go and turn in to the authori- TESTER, Democrat from Montana, is military members from our ‘‘greatest ties those employees in the Veterans doing a fantastic job. The House com- generation’’ to those men and women Administration who are not doing their mittee is doing a great job. The Mem- fighting in the War on Terror today. job. We have given them the safe har- bers of the Senate are doing a great These Americans understand best the bor they need to encourage them to job. words of President Ronald Reagan help us root out problems, and we are In a week and a half, we are going to when he said: doing that. have our final bill of the year which, Freedom is never more than one genera- We passed the accountability bill to when we pass it, will make us 8 for 8. tion away from extinction. We didn’t pass it shine the light of sunshine on the em- We will have totally reformed the VA to our children in the bloodstream. It must ployees of the VA and to give the au- and worked with the VA to reform it in be fought for, protected, and handed on for thorities in the VA the ability to ter- such a way that our veterans get better them to do the same. minate and fire, if you will, for cause service, our taxpayers get more ac- These men and women who have an employee who is not doing the job countability for the dollars we spend, fought for and protected our country they should be doing for our veterans. and America remains the great country have given so much, and we cannot do So we hold a standard of account- it has always been—safe and free be- enough to thank them, whether they ability up a little higher for our em- cause of those who volunteer to fight returned from Active military duty 7 ployees in the Veterans Administra- and are willing to die on behalf our days ago or seven decades ago. tion. country. Although we can never repay our We are magnifying choice so that our So sometime on the 11th day and, debt of gratitude, one of the most tan- veterans can have more choice in their hopefully, at the 11th hour and the 11th gible ways we recognize our veterans’ healthcare. We can use the private sec- minute of that hour on November 11, service is by providing these men and tor as a force multiplier so that the you will pause for a minute and re- women with quality healthcare and government doesn’t have to hire all the member I told you that is when we cel- support services, including education doctors and physicians and assistants ebrate Veterans Day because, at the and work opportunities. With that debt to service the VA. We can get them in time the armistice was signed in World in mind, let me briefly outline some the private sector as well. War I, our country decided that would initiatives that we have been working In the 21st century GI bill, we finally be the perfect time to remember all on to provide for our veterans. Con- made sure that the GI bill applies to those who have fought in the past. gress has passed significant veterans everyone, not just World War II or Let’s look around, and every time we bills this year, including legislation Vietnam war-era veterans but veterans see a man or woman in uniform, stop that holds the VA accountable and en- of all conflicts and of all times. and say ‘‘Thank you for your service’’ sures that VA employees are putting We have done everything we can to because those are the people who are our veterans first and legislation that see to it that the benefits, which we risking their lives so that you and I updates and modernizes the VA’s ben- promised them would be there when can do whatever it is we choose to do efit claims and appeals process, reduc- they left the military, are there for in this land of the free and home of the ing wait times for our veterans. them in retirement and in their later brave. Additionally, one of my top priorities life. The sacrifices they make are There are lots of things to be thank- is ensuring that our veterans have ac- great, and the sacrifices we have made ful for but nothing more important cess to healthcare options closer to to save our veterans are great. than the men and women of the U.S. their homes and their families. Today veterans come home from the military. May God bless our country, This includes improving veterans’ ac- battlefield 90 percent of the time when may God bless our veterans, may God cess to services under the Veterans they are wounded. They come home, bless the United States of America. Choice Program and building on the whereas, in World War I, 10 percent I yield the floor. success of the Veterans Care Coordina- came home, and 90 percent died on the The PRESIDING OFFICER (Mr. COT- tion Initiative at the Fargo VA Med- battlefield. But because of the advance- TON). The Senator from North Dakota. ical Center in my home State. This ef- ments we have made in armor and pro- Mr. HOEVEN. Mr. President, I am fort has decreased the wait time for tection and healthcare services, a lot of very pleased to have the opportunity to scheduling an appointment under Vet- veterans today live when they would speak today on the floor of the Senate erans Choice from 24 days a year ago to not have lived just 25 or 30 years ago. after my esteemed colleague from the 5 or 6 days at present. This initiative The injuries they sustain are far State of Georgia. My colleague is the can serve as a model to help address greater than any injuries we have chairman of the Veterans’ Affairs Com- delays in scheduling appointments known in warfare before. The signature mittee, and I just want to express my through the Veterans Choice Program illnesses are PTSD, post-traumatic appreciation for his commitment and across the Nation. stress syndrome, or traumatic brain in- his work on behalf of all of our great We invited Secretary Shulkin, from jury or a prosthesis for an arm or a leg veterans. North Dakota, to see this firsthand, or an eye or some part of the body that Like him, I rise today to speak in and our Veterans Care Coordination is lost in battle. But the trunk of the tribute to our veterans and men and Initiative has since been expanded to

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.027 S08NOPT1 S7088 CONGRESSIONAL RECORD — SENATE November 8, 2017 the VA facility in Helena, MT, as well. all the kinds of opportunities that are see in uniform—I will be at the airport We believe it will be expanded to other afforded them as a result of serving in probably Thursday evening or Friday. I locations across the country. our armed services. will make it a point to go to every sin- We also passed an extension of the I also want to take a minute to talk gle person I see in uniform and thank Veterans Choice Program earlier this about the person who served but never them for their service. We owe that to year and secured $2.1 billion in addi- wore a uniform, and that is the hus- them for all they do for us. tional funding for the program. This band or the wife or the children whom, I think, on the one hand, we need to gives us time to work with the VA on on this Veterans Day, we should also think about veterans, especially on the next phase of the program. In addi- thank. Veterans Day, but as Senator HOEVEN tion to Veterans Choice, we are work- A lot of times, when I have an oppor- said, we need to think about them ing to improve local access to long- tunity—I live in Charlotte, NC, where every day. As a Senator, the way we do term care for our veterans. we have nearly 800,000 veterans. It is that is not just by thinking but by We secured a commitment from Sec- one of the largest populations of any doing. What more can I do in my capac- retary Shulkin to work with us on the one State—I make a point to get to the ity on the Veterans’ Affairs Committee Veterans Access to Long Term Care airport a little bit early so I can go up or in my capacity on the Senate Armed and Health Services Act. We have now to the USO and just spend a moment Services Committee to make service introduced this legislation in the Sen- meeting with people who are there easier and safer? After they move out ate, and a companion bill has been in- transitioning from Active Duty and of Active status to veteran status, troduced in the House of Representa- veterans to thank them for their serv- what more can we do for them? There tives. The legislation would remove ice. Oftentimes, I will thank a man or are a lot of things we can do; one is to burdensome redtape that prevents woman, and they will say: I didn’t make sure they get an opportunity to nursing homes and other healthcare serve; my husband or my wife did. I have a job that, in many cases, will le- providers from accepting veteran pa- will say: By virtue of your being a mili- verage the skills they learned when tients. Our bill allows the VA to enter tary spouse, you served, as did your they were in the military into private into provider agreements with quali- children. sector jobs. fied healthcare and extended care fa- On this Veterans Day, let’s make Mr. President, you and I sponsored a cilities, bypassing complex Federal sure we expand those thank-yous to in- bill—the VALOR Act—that will be contracting requirements. This will clude everybody who is affected when brought up before the Senate that give veterans more options to access somebody is deployed in a dangerous helps to actually expedite the process long-term care services closer to their place or even serving in peacetime. It of having those who have served in the homes, their families, and to their is a great sacrifice, and it is one we military to get hired. It makes it easi- loved ones. should always show our gratitude for. er for employers to put them in appren- In addition, earlier this year, Con- As I said, in North Carolina, we have ticeship positions, where maybe they gress passed—and the President signed about 800,000 veterans. We also have leverage some of the skills they into law—the forever GI bill, which im- one of the highest military concentra- learned while on Active Duty but get proved and extended veterans’ access tions of any State. It is the home of them in good-paying jobs to support to education and workforce opportuni- the Global Response Force at Fort themselves and their families. ties. This is part of our efforts to en- Bragg, with over 65,000 men and women There are a number of other things sure that we are supporting our vet- serving and 38 generals. You go down we have to do for others who are vet- erans as they transition back to civil- closer to the coast and you get to erans that I think are particularly im- ian life and work here at home. These Jacksonville, NC, where we have Camp portant. When we talk about post-trau- are just a few examples of our efforts Lejeune. There is a debate over the matic stress or talk about traumatic to ensure our veterans have the re- pronunciation so I will pronounce it brain injury, those are, in some cases, sources and the support they have so both ways, but there we have nearly 45 invisible wounds of war. We need to richly earned. While we cannot say percent of the Marine Corps. Many peo- make sure and understand why it is thank you enough, in this way, we can ple don’t realize that. Stationed out of that nearly every day 20 veterans take honor their courage and their sacrifice. North Carolina, we could go to Sey- their lives through suicide. To what ex- We honor Veterans Day because we mour Johnson, we could go to New tent could that be something we just have the greatest veterans in the world River, or go to Cherry Point and see simply didn’t know about that vet- who have committed themselves to these men and women serving every eran? Why are they disproportionately protect our Nation, and in so doing, day—and the ones who served before more likely to do it? Many of them, in- they have transformed this country them who are now part of our veteran cidentally—the veterans today who into the greatest the world has ever population. We should thank them all have this disproportionately high known. May God continue to bless our for their current service or their past amount of suicide incidents—are vet- veterans and this great Nation that service. erans from the Vietnam war. We need they have been protecting and make I say to the Presiding Officer, the to figure out how to reach back to that sure we honor the selfless service of all Senator from Arkansas, I want to population—a significant number of our men and women in uniform, of all thank you for your service because you whom never seek VA medical serv- our veterans, not only on Veterans Day served bravely in combat positions be- ices—to provide them with the re- but every day. fore entering the Senate. That is an- sources they need to work through I yield the floor. other amazing thing about the vet- these sorts of challenges. The PRESIDING OFFICER. The Sen- erans. They continue to serve. If you We need to make sure healthcare is ator from North Carolina. go to a coffee shop, you may see a hud- available across the map. We need to Mr. TILLIS. Mr. President, I appre- dle of veterans around somebody who is recognize that challenge in North Caro- ciate the kind words of Senator organizing the event. That is probably lina is vastly different than the same HOEVEN and his affinity toward vet- a veteran making sure veterans are challenge in, say, South Dakota. erans. I am here to talk about our vet- speaking with each other and working We have a State population of 10 mil- erans as well. through some of the challenges some of lion people—almost approaching 1 mil- I come at it from three different per- them have when they are put in very lion veterans. When you include the ceptions. I chair the Military Per- difficult situations or, if you go into a spouses and families, it is well above it. sonnel Subcommittee in the Senate community center, you will almost al- We need to make sure they are getting Armed Services Committee. We are ways see a veteran there continuing to healthcare and services where it is trying to work on things to make sure serve, even after they ended their Ac- most convenient for them. I think that when somebody goes out of Active tive-Duty service. some of that will be providing them Duty into veteran status, we make it On Veterans Day, we should make it with a choice to go to the doctor who as productive as it can be, making sure a point to go to every person we know makes the most sense for them. A lot they enter back fully into the work- who is a veteran and thank them. We of it will be providing a brick-and-mor- force, the education opportunities, and should make sure that everybody we tar presence of the VA so they can be

VerDate Sep 11 2014 23:34 Nov 08, 2017 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.028 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7089 among other people who are actually more this year because of how our cur- that the benefit of greater certainty is dealing with the same sorts of cir- rent healthcare system absorbs cost in- passed on to patients and taxpayers, cumstances, and they are actually creases. not hoarded by insurance companies. being served by—about half the popu- But there is no question that pre- Our deal would also invest in open lation in our veterans hospitals and miums are going up in many places and enrollment and outreach for 2019, so our healthcare centers are veterans that fewer coverage options are avail- more people would be covered. It would themselves. able and not every consumer is pro- allow States more flexibility to inno- This is a very important part of the tected. One woman—Melissa—told the vate as the Affordable Care Act always broader solution we need to provide to Washington Post this week that she is intended. It would mark a critical step our veterans as we continue to build a ‘‘joining the ranks of the uninsured’’ away from this harmful partisanship relationship with them for the rest of for the first time in her life as a 51- on healthcare and toward working their lives. We will never finish all the year-old. She said that she doesn’t under regular order on solutions that work we should do. We will keep on qualify for subsidies and that given make healthcare work better for the making installments into a debt we how much her premiums would in- people we serve. can never repay, but what we need to crease, her insurance costs would have Finally, this legislation would send a do on November 11 is support our vet- been more than her mortgage pay- critical message to patients and fami- erans by showing our gratitude and our ments each month. Melissa is one of lies that when Congress sets aside par- thanks for their service. On this Vet- the people paying the price for Presi- tisan difference and focuses on what is erans Day, make an extra effort to dent Trump’s healthcare sabotage and best for our country, we can deliver a thank a veteran. Thank a veteran the Republican leadership’s—so far— result, as Chairman ALEXANDER often spouse. Thank the child of a veteran willingness to cheer him along. says. for their service to this great Nation. It is unacceptable that patients and More than 200 groups representing We will never be able to fully repay the families are having to take on this bur- doctors, hospitals, State officials, Gov- debt we owe them, but we can make a den. Let’s remember that when some- ernors, and patients have endorsed our lot of installments as individual citi- one goes to sign up for healthcare cov- bill. The nonpartisan Congressional zens and as Members of this Congress. erage, they are not doing it as a Repub- Budget Office says it would do exactly As long as I am in the Senate, that is lican or a Democrat, they are doing it what it was intended to do—stabilize what I intend to do. as a parent or a caregiver or a business markets and bring down healthcare I say to the Presiding Officer, thank owner who wants to stay healthy and costs—while returning $3.8 billion to you, again, for your service, and thank financially secure. taxpayers. you to all the men and women who Here in Washington, DC, healthcare Twelve Senate Democrats and 12 Sen- served before. has become bogged down in politics, ate Republicans cosponsored it. We are I yield the floor. but in cities and towns across the continuing to build support, and there I suggest the absence of a quorum. country, it is about taking care of is no question that it would pass here The PRESIDING OFFICER. The yourselves and your loved ones. That is with a filibuster-proof majority if it clerk will call the roll. why so many people are going online to were brought to the floor. And while The bill clerk proceeded to call the shop for coverage despite the Presi- the Senate shouldn’t need President roll. dent’s insistence that healthcare in the Trump’s signoff to take a position on Mrs. MURRAY. Mr. President, I ask United States was going to ‘‘implode,’’ ways to fix the Nation’s healthcare unanimous consent that the order for regardless of the fact that to make im- system, the President has supported the quorum call be rescinded. plosion a reality, President Trump— this process moving forward. The PRESIDING OFFICER. Without among his many other efforts at sabo- So here we are, and right now it is up objection, it is so ordered. tage—shortened the enrollment period to Republican leaders. They can choose Mrs. MURRAY. I ask unanimous con- this year and gutted investments in to stay in a partisan corner and reject sent that I be allowed to speak as in outreach and advertising and caused an opportunity to lower patients’ morning business. premiums for those people to increase healthcare costs in a bipartisan way, or The PRESIDING OFFICER. Without by double digits on the average. Pa- they can do what people across the objection, it is so ordered. tients and families deserve so much country want them to do and put pa- HEALTHCARE better. tients over politics. Mrs. MURRAY. Mr. President, I ap- I have said it before: The frustrating I do want to note that if Republican preciate all of my colleagues from both thing is that all this could have been leaders hadn’t gotten the message, vot- sides of the aisle who will be joining us avoided. Way back in September, ers made it pretty clear last night that here this afternoon and thank them for Chairman ALEXANDER and I were on they reject the deeply harmful par- their leadership on our legislation and the verge of an agreement to stabilize tisanship we have seen on healthcare. for taking the time to speak today. healthcare markets and lower pre- It is well past time for Republican We are now exactly 1 week into open miums for the coming year and for leaders to give up the ghost on enrollment, and it has been 3 weeks 2019. Our agreement would have pro- TrumpCare, declare it dead, and work since Chairman ALEXANDER and I put vided multiyear certainty on the out- with Democrats to get real solutions. forward a bipartisan bill to stabilize of-pocket cost reduction subsidies that That starts with our bipartisan bill to our healthcare markets and lower pa- President Trump decided to stop pay- lower healthcare costs and stabilize the tients’ healthcare costs. So I wanted to ing even though the law says he is re- markets, because if they don’t, they come this afternoon to talk for a few quired to do so. Had we been able to can be sure they will be held account- minutes about what it means that so move faster, our legislation would have able. many people nationwide are signing up resulted in lower premiums right away I yield the floor. for coverage and why there is no good for 2018. But Republican leaders pressed The PRESIDING OFFICER. The Sen- reason for Republican leadership to the ‘‘pause’’ button on bipartisan nego- ator from New Hampshire. wait another minute before bringing up tiations so they could try one more Mrs. SHAHEEN. Mr. President, I am our bill for a vote. time to jam partisan repeal through pleased to join my colleague from It is still early, but what we are see- the Senate, and we lost a lot of pre- Washington, Senator MURRAY, and con- ing so far is that millions of people cious time. gratulate her and Senator ALEXANDER across our country are going to Our bill, the Lamar Alexander-Patty on being able to reach agreement to healthcare.gov to shop for coverage. Murray Senate bill, would do a lot of move forward to address the uncer- Some 200,000 signed up on the first day. good right now and over the next tainty in the marketplace. That is more than double the amount years. If Republican leadership takes Like Senator MURRAY, I also want to from last year. The vast majority will up our legislation now and passes it, begin with what we are seeing going on get tax credits to help cover their families would see rebates this year in this open enrollment period. Despite costs. In fact, some who are struggling and lower healthcare costs next year all of the efforts to undermine the Af- the most will find they can save even because our bill is designed to ensure fordable Care Act, to shorten the time

VerDate Sep 11 2014 00:33 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.029 S08NOPT1 S7090 CONGRESSIONAL RECORD — SENATE November 8, 2017 period in which people can sign up, to short run and giving us the time we merits as a good-faith, win-win com- make it more difficult by having the need to negotiate longer term to deal promise. But just as important and site closed for part of Sundays, we are with other changes to the health law to maybe even more important, these two seeing a record number of people enroll make it work better. Senators have given us a template for in the initial days of open enrollment. I am especially pleased that the bipartisan negotiations on other crit- According to news reports, on the Alexander-Murray agreement provides ical matters that lie ahead, including first day alone, about 1 million people for the continuation of cost-sharing re- tax reform, reauthorizing the commu- visited healthcare.gov and more than duction payments, or CSRs, which are nity health centers and the Children’s 200,000 people selected a plan for 2018. payments that are necessary to keep Health Insurance Program, and reach- That is almost double the number who premiums, deductibles, and copay- ing an agreement on the 2018 budget. signed up last year on the first day. ments affordable for working families. The Senate is at its best when we ob- For anybody who is still thinking They are extended for 2 years in this serve regular order, when we honor the about it, you have until December 15, bill. Without these payments, the cost committee process, and when we work so sign up early. As my colleague from of coverage will skyrocket, insurers across the aisle and make principled New Hampshire, Senator HASSAN, says, will leave the marketplaces—as we compromises and get big things done it is the best Christmas shopping you have already seen, as the Trump ad- for the American people. can do—take care of your healthcare. ministration has said they are going to In a Senate that is nearly evenly di- Go to healthcare.gov and shop around, discontinue those payments—and mil- vided between Republicans and Demo- get the best deal, and enroll during this lions of people will lose their health crats, bipartisanship is the only pro- open enrollment period. coverage. This is an opportunity for us ductive way forward. This is how the This surge in signups is especially re- to keep that from happening. Both great majority of Americans want us markable in light of the widely pub- Democrats and Republicans have rec- to conduct the Senate’s business, and licized efforts by the Trump adminis- ognized that these cost-sharing reduc- this is especially true on matters such tration to depress enrollment. The ad- tion payments, these CSRs, are an or- as healthcare and tax reform that im- ministration has slashed the adver- derly, necessary subsidy that keeps pact families in New Hampshire and all tising and outreach budget by 90 per- down the cost of health coverage for across America. cent, cut the open onrollment period everyday Americans. I am grateful to people across our by half, and shut down the market- In recent months, I have heard from country who have gotten out the word place website for 12 hours on Sundays, hundreds of people across New Hamp- about the health insurance open enroll- taking away valuable weekend hours shire about the enormous difference ment period that began on November 1 when people have free time to explore that healthcare reform has made in and continues through December 15. I plans. their lives. We are a small State—we am heartened by the surge in enroll- I think the healthy volume of enroll- have just over 1.3 million people—but ments. I am encouraged by bipartisan ments sends two very important mes- nearly 94,000 Granite Staters have got- progress in the Senate to stabilize the sages. ten individual health coverage through health insurance marketplaces. I cer- First, it shows again that ordinary the Obama marketplace, and nearly tainly hope the leadership in the Sen- citizens, faith groups, insurance navi- 50,000 have gotten coverage thanks to ate allows this bill to come to the floor gators, and other private organizations the Medicaid expansion, which had bi- because we know we have the votes to have done an amazing job of filling the partisan support in New Hampshire. So pass it. outreach void that has been created by that is about a tenth of New Hampshire Instead of partisan efforts to under- this effort by the administration to cut that is covered either through the Af- mine the law and take health insur- back on letting people know about the fordable Care Act or through the ex- ance away from people, let’s embrace website and how to enroll. Those folks pansion of Medicaid. And for us in New the spirit of the Alexander-Murray have spent countless hours getting out Hampshire, it has been particularly agreement. Let’s work together in a the word that the Affordable Care Act critical in responding and providing good-faith, bipartisan fashion to build remains the law of the land and that treatment to those people with sub- a healthcare system that leaves no those who qualify for financial assist- stance use disorders. American behind. ance can purchase high-quality, afford- Patricia Tucker has written to me. Thank you, Mr. President. able coverage. She is a substance use disorder coun- I yield the floor. The second message that I think is selor in Northfield, NH, and she talks The PRESIDING OFFICER. The Sen- important from this strong enrollment about how grateful she is for the Med- ator from Minnesota. is a message that has been echoed in icaid expansion. She writes: Mr. FRANKEN. Mr. President, I rise recent public opinion polls. It is one today to talk about the importance of I am seeing people come for help that were that we saw in the turnout in the Vir- not able to get help in the past because they bipartisan action on healthcare, as the ginia elections last night. It is that a couldn’t afford it. They are getting help and Senator from New Hampshire just did. clear majority of the American people remaining abstinent. If one mother gets Over the past year, I have traveled support the Affordable Care Act, that clean, this affects so many others. all around Minnesota to talk with indi- they reject efforts to sabotage it and She goes on to say: viduals and families and community they want Members of Congress to [I treat] one mother who has two children. leaders about healthcare. I have heard work together to strengthen it, just as She now cares for these children and has a from mothers and fathers who have Senator MURRAY said. full-time job. In the past, she lived off the been worried about losing the I am very pleased that we have come state and did not care for anyone, including healthcare their children need to ac- together in the Senate to do just that. herself. Multiply this by thousands, just in cess lifesaving services. I have heard We have come together in support of New Hampshire, and this makes such a big from daughters who have been pan- bipartisan efforts led by Senator MUR- difference. icked about how to pay for their par- RAY and Senator LAMAR ALEXANDER, And think about how across the ents’ long-term care and prescription the chair and ranking member of the country we have affected people with drug costs. I have heard from hospital HELP Committee. They have come to- substance use disorders because they executives in rural areas, much like gether to stabilize the Affordable Care can now get treatment. the rural areas in Arkansas, who have Act and the marketplaces and bring I agree with Patricia Tucker and so been concerned about how they are down premiums. I am proud to be one many others who have contacted me going to keep their doors open. of the 12 Democrats who were original about the Affordable Care Act. We are What is abundantly clear from all of cosponsors with 12 Republicans of this grateful for the progress, and we refuse these conversations is that Minneso- legislation. This balanced agreement, to be taken backward. That is why the tans want Congress to work together to which was negotiated by Senators bipartisan agreement hammered out by build on the Affordable Care Act, lower ALEXANDER and MURRAY over many Senator ALEXANDER and Senator MUR- healthcare costs, and support policies months, is our best bet for restoring RAY is such an important break- that work. That is why I believe, first, stability to the marketplaces in the through. This agreement stands on its that Congress must act immediately to

VerDate Sep 11 2014 00:33 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.031 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7091 pass bipartisan legislation to stabilize premiums in 2019, and preserve cov- healthcare. There was obviously an the individual market. Second, we erage options for individuals and fami- issue there where there had been no must do all we can to support strong lies. In short, it is not only good for Medicaid expansion, and they were un- enrollment in our health insurance ex- Minnesota, it is good for the entire happy with the way it had been han- changes so that all consumers, regard- country. This bill is a bipartisan win- dled by the legislature there as well as less of their health needs, can find win-win. Republicans who were in charge of the high-quality, affordable health insur- Now our job is to pass this legislation legislature, and they appeared to be ance coverage. Third, it is time to re- into law. At the same time, we must do pushing for a change. authorize the Children’s Health Insur- everything we can to drive up enroll- We have an opportunity here to make ance Program. Let me take each of ment in the health insurance ex- a bipartisan change. I think it is ex- those in turn. changes. Regardless of party, if we actly the kind of message that we got When Republican efforts to repeal want to ensure that consumers have yesterday. In my State, we have a Re- the Affordable Care Act failed, the Sen- access to affordable, high-quality publican legislature and a Democratic ate Health, Education, Labor, and Pen- health insurance coverage, we have to Governor. They came together to do sions Committee got to work and de- get people to sign up for the coverage. something about some of the rates, veloped a bipartisan plan to stabilize More people equals better risk pools, particularly in our rural areas. They the individual market. As a member of which equals lower premiums. It is focused on reinsurance, cost sharing— that committee, I participated in nu- really that simple. some of the things in the bipartisan merous hearings with witnesses who Look, the Trump administration has agreement reached between Senator spanned the ideological spectrum, so- done everything in its power to under- ALEXANDER and Senator MURRAY. We licited input from State and national mine ObamaCare. It has halved the have 12 Democrats and 12 Republicans leaders, and worked in good faith with amount of time that people have to en- cosponsoring that bill. Support in- all of my colleagues to develop legisla- roll in coverage, it slashed funding for cludes the American Cancer Society, tion that is truly a compromise bill. outreach and enrollment efforts, and it the American Diabetes Society, the This legislation, referred to as the deliberately misled consumers about March of Dimes, and the Arthritis Alexander-Murray deal, will contain the benefits of the ACA and individual Foundation—and those are just the A’s. healthcare costs for consumers, provide requirements for coverage. But we have The American people want us to certainty to insurers participating in the power to combat these efforts. work together to make fixes to the Af- these markets, and provide States with Let’s get people enrolled. Open en- fordable Care Act. The day it passed, I the flexibility they need to develop in- rollment started on November 1 and said that it was a beginning and not an novative, local solutions. I am proud of will end for most people on December end. Unfortunately, we have been sty- what we were able to accomplish. 15. Minnesotans are lucky in that they mied in trying to make those kind of What I am most proud of is that this have until January 14 to sign up for changes, and this is one bipartisan big bill includes a provision that will re- coverage. But everyone who doesn’t re- opportunity to do it. I think it is a sen- verse a decision by the Trump adminis- ceive coverage from their employer or sible bipartisan approach. tration that would effectively punish through Medicare needs to sign up now, As we all know, both Senator ALEX- Minnesota for pushing forward a bipar- so I urge my colleagues to get their ANDER and Senator MURRAY held a se- tisan plan to stabilize the individual constituents to visit healthcare.gov ries of hearings and discussions on market—a bipartisan plan in our State and shop around and then enroll in cov- commonsense solutions to bring down legislature. erage. insurance costs with Senators on both Last year, after our State experi- Lastly, it is time to reauthorize the sides of the aisle. There were Gov- enced dramatic premium rate hikes in Children’s Health Insurance Program, ernors and insurance experts, and we the individual markets, State leaders community health centers, and the Na- worked hard to make sure there was worked together in a bipartisan way to tional Health Service Corps. These some agreement on this bill. I fought pass a reinsurance program to contain have always been bipartisan programs. for provisions that would help States these costs, but the program’s enact- There is no reason this should be any apply for and receive waivers to give ment was contingent upon approval different today. them some flexibility to construct from the Federal Government. The anxiety that people in Minnesota their healthcare system and to bring After months of foot-dragging, the and across the country feel about their down the costs without losing Federal Federal Government finally approved access to healthcare is not inevitable; funding. That is something my State the State’s reinsurance plan as part of it is the result of political decisions did. As I mentioned, my State, with a the 1332 waiver proposal, but the Fed- made here in Washington, DC. Let’s Republican-led legislature and a Demo- eral Government simultaneously cut prove to the country that we are not cratic Governor, came together to Federal funding for MinnesotaCare, here to fight with each other, we are apply for a waiver and a reinsurance which is another program in the State here to fight for them. Let’s show them provision. that provides affordable health cov- that we can get something done. Let’s The bill would also expedite the re- erage to working families. Thus, our take action to protect healthcare and view of waiver applications for pro- State had to choose whether to support give our constituents, at long last, posals that have already been approved a bipartisan proposal to stabilize the some peace of mind. for other States that are experiencing individual market and lower premiums Thank you, Mr. President. certain circumstances—emergency cir- for consumers or swallow hundreds of I yield the floor. cumstances—where they need to make millions of dollars in lost Federal fund- I suggest the absence of a quorum. changes. ing. It was an impossible choice that The PRESIDING OFFICER. The The legislation also shortens the was completely unnecessary. That is clerk will call the roll. overall time period that States would why I set to work to fix it. The senior assistant legislative clerk have to wait for the Federal Govern- After weeks of productive negotia- proceeded to call the roll. ment to decide whether to approve tions, I am pleased to report that the Ms. KLOBUCHAR. Mr. President, I their waivers. Alexander-Murray deal will prevent the ask unanimous consent that the order All of these are good fundamental Trump administration from imposing for the quorum call be rescinded. concepts—this idea that States should these cuts on Minnesota. But my State The PRESIDING OFFICER (Mr. have some flexibility, that they should wasn’t the only one threatened by po- TOOMEY). Without objection, it is so or- be able to apply for waivers, and that tential funding cuts. The Alexander- dered. they should be able to get their an- Murray bill would prevent such prob- Ms. KLOBUCHAR. Mr. President, I swers as soon as possible from the Fed- lems from occurring in any other State rise today to call for bipartisan action eral Government. That is what this bill as well, and it would do much more. on healthcare. is about. Not only does the bill improve According to the Congressional Budg- I think it was interesting to learn the process for waivers and flexibility et Office, this agreement would reduce that the citizens of Virginia who voted for the States, like we have seen in the deficit by billions of dollars, lower yesterday listed as their top issue Minnesota, where already the projected

VerDate Sep 11 2014 00:33 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.033 S08NOPT1 S7092 CONGRESSIONAL RECORD — SENATE November 8, 2017 numbers brought the rates down some- Senator GRASSLEY of Iowa and I have to the system we have now to make it thing like 20 percent, but the non- a bill to stop something called pay-for- easier for them. One way is the Alex- partisan Congressional Budget Office delay. That is when big pharmaceutical ander-Murray bill, which I strongly says the Murray-Alexander bill would companies actually pay off generic support. I am one of the cosponsors. It actually cut the deficit by $3.8 billion companies to keep less expensive prod- is smart. It works with the States, over the next 10 years. That is hard to ucts off the market. This bill would both Democratic and Republican argue with. save taxpayers $2.9 billion. Do you States—blue States, red States. We It is clear that this legislation could know why? Because right now there is want to see that kind of flexibility. get support from both sides of the aisle no competition or very little competi- The other way is to take a stand, be to make healthcare better for Ameri- tion, and they are actually paying willing to take on the pharmaceutical cans. We have a majority of Senators their competitors to stay off the mar- industry, and take on some of the cost supporting this bill. So we need to get ket. The competitors have decided: issues when it comes to prescription it done because the longer we wait, the Well, I get more money to be paid to drugs. more the markets don’t know what is stay off the market than if I actually Let’s come together in the Senate, as going on, the more confusion that is competed. an initial move, and pass the Murray- created, and the more the administra- Think about what a rip-off that is for Alexander bill. We must do that, and tion is doing things that sabotages the the American people. We are allowing we must do it by the end of the year. Affordable Care Act. this to go on while the consumers are Then we can go on from there to actu- We need this stability in the system. paying the price. How much? We know ally do something about the cost of Passing the bill would be an important the government alone is going to save prescription drugs. step forward, but we still must do more $2.9 billion if we stop this practice. I yield the floor. to bring down the costs for middle- Consumers would save most likely The PRESIDING OFFICER. The Sen- class families. A big part of that is ad- around that same amount because they ator from Michigan. dressing the skyrocketing costs of pre- are paying all the copays. Both the Mr. PETERS. Mr. President, there scription drugs. I have heard from peo- government is ripped off and the con- are a number of matters where we dis- ple across Minnesota who are strug- sumers are ripped off, and the only agree in the U.S. Senate, and they gling to afford the medicine they need. ones making money off of it are the range from deeply held foundational This is about the woman in Duluth who drug companies. beliefs to the smallest details of legis- told me that she chose not to fill her Another idea is, Senator LEE and I lative language. Despite these dis- last prescription because that one drug have a bill that would allow temporary agreements, I believe there is a lot we would cost a whole 25 percent of her in- importation of safe drugs that have can all agree on. come. It is about a woman in St. Paul been on the market in another country who, even with Medicare, couldn’t af- for at least 10 years when there isn’t I hope I speak for every Member of ford $663 a month for the medicine she healthy competition in our own coun- Congress in saying that in this great needs. It is about someone from Crys- try. Again, if your drug companies that Nation of ours, hard work should al- tal, MN, who told me: I am practically are messing around, charging high ways be rewarded. If you play by the going without food to pay for the pre- prices and not allowing competition rules and do the right thing, you scription. It is heartbreaking that this in—if you know there might be foreign should have an opportunity to earn a is happening in America. competition coming in, that is an in- good life for yourself and for your fam- Reducing the cost of prescription centive because you want to then make ily. Our mothers, fathers, and others drugs has bipartisan support in Con- sure that doesn’t happen because you before us have worked hard to ensure gress, and the President has said he know that if you keep your prices high that we have a fair shot at the Amer- wants to get something done. He has and you do things to disallow competi- ican dream. Unfortunately, it feels like said: The drug companies are ‘‘getting tion, you are going to have some major the fabric of the American dream has away with murder.’’ Those are his competition. I don’t know how else we started to fray for far too many fami- words. That is what he said. bring the prices down without allowing lies. Even more troubling, we are see- So what can we do? Republicans and more competition. ing nominees from this administration Democrats could come together and I also have a bipartisan bill with Sen- who seem committed to actively un- act right now. I have a bill that has 33 ators GRASSLEY, LEE, FEINSTEIN, and raveling the support and the protec- cosponsors that lifts the ban that LEAHY, which is called the CREATES tions that help workers get ahead. makes it illegal for Medicare to nego- Act, to put a stop to other pharma- Today we are considering the nomi- tiate prices for prescription drugs for ceutical company tactics, such as re- nation of Peter Robb to be general 41 million seniors. I think 41 million fusing to provide samples to generic counsel of the National Labor Rela- seniors are pretty good at getting bar- companies that are supposed to be al- tions Board. Mr. Robb would be respon- gains and deals, and they deserve to lowed to compete with them. Accord- sible for ensuring safe working condi- have someone negotiating on their be- ing to the Congressional Budget Office, tions and fair compensation for Amer- half; that is, the government negoti- this legislation would save approxi- ican workers. He would be tasked with ating for Medicare. Except, why don’t mately $3.6 billion. protecting the treasured right of work- we negotiate, like we do for the VA, As we hear about tax reform and hear ers to engage in good-faith negotia- and like other countries do? We don’t about the debt we might be seeing ex- tions with their employers. negotiate because there is a provision pand if something like this goes for- However, a brief look at Mr. Robb’s in law that says that the government is ward, then we ask yourselves: What is career reveals a clear track record of not allowed to negotiate on behalf of 41 not in those bills? Why aren’t we sav- working to undermine our Nation’s million seniors with the drug compa- ing some money for the American peo- workers and middle class on behalf of nies. They are just set. Guess what ple and reducing the debt by allowing corporate executives. To Mr. Robb’s that means. That is a big part of the for this competition, by allowing for credit, he is not trying to hide his reason why our drug prices are double the samples, by allowing for more record or run away from his record. All the cost of those in Canada—because generics, by stopping this practice of you have to do is visit his firm’s we are just taking it and we are not ne- companies paying each other to keep website, and you will see the experi- gotiating. their competitors off the market? ences he is proud to display. I believe it Another idea, bringing up Canada, is What this healthcare debate has been is a preview of how he will approach his that Senator MCCAIN and I have a bill about for the last year, where repeat- position at the National Labor Rela- that would allow less expensive drugs edly there have been attempts to re- tions Board. His self-proclaimed ac- to be sold in the United States. To me, peal the Affordable Care Act—it has complishments include: advising large that is a way of putting pressure on our been about that. The American people corporations on mergers, acquisitions, own drug companies to put out better made it really clear, they want to and plant closings; securing labor in- prices if they know there is going to be make it about something else. They junctions; and bringing suits against competition. want to make it about improvements labor organizations.

VerDate Sep 11 2014 00:33 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.034 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7093 When someone tells you who they ployee who engaged in racist and offen- mate-denying people to lead the U.S. are, believe them. While I certainly be- sive conduct on a picket line. agencies that are in charge of science lieve that every American and corpora- The Board found that the employee’s and climate. tion is entitled to vigorous representa- remarks were ‘‘racist, offensive and Scott Pruitt has denied a century’s tion by their lawyers, I also believe reprehensible,’’ and violated the com- worth of established science and basic Senators must evaluate every nomi- pany’s nondiscrimination policies and facts that say that climate change is nee’s full body of work. Let’s be clear the union’s conduct rules; yet the real, urgent, and caused by humans. He about how Mr. Robb has chosen to Board still ruled that the employer’s now leads the No. 1 Federal Agency spend his professional life: helping discharge of the employee was unlaw- that is charged with working on cli- management close plants and cut jobs, ful. mate change. suing unions, delaying workers’ rights This type of Board decision defies Then there is JIM BRIDENSTINE, who to collectively bargain, and defending common sense and makes it more dif- hopes to lead NASA, which is one of companies that violate workplace safe- ficult for employers to maintain safe our Nation’s top science agencies. He, ty and fair pay laws. workplaces free of discrimination and too, is still on the fence about climate At a time when corporate profits and harassment. change. executive compensation have sky- Mr. Robb is extremely qualified to be Meanwhile, 13 Federal agencies, in- rocketed and worker wages are stag- general counsel of the NLRB. cluding the EPA and NASA, just pub- nant, I have no confidence in Mr. He currently works as the director of lished a dire report that reads that Robb’s ability to be a neutral arbiter labor and employment at the law firm greenhouse gases released by human between labor and management, let Downs Rachlin and Marin. activity are to blame for rising tem- alone advocate for the safety and the He served as chief counsel to NLRB peratures and severe weather through- well-being of America’s working men Member Robert Hunter and was a re- out the world. and women. Our Nation’s workers de- gional field attorney for the NLRB in This is why Mr. Wehrum should not serve a nominee who will protect their Baltimore. go any further. It is really very simple. right to negotiate for fair pay and safe Mr. Robb earned his B.A. in econom- Our own government scientists say working conditions, not someone who ics from Georgetown University and that climate change is real, urgent, has spent his entire career litigating his J.D. from the University of Mary- and caused by humans. against workers. I will be voting land School of Law. If you do not want to take their word against Mr. Robb’s confirmation, and I His experience and prudence will for it, here in the United States in this strongly urge my colleagues to do the serve him well at the NLRB. year alone, a record number of cat- same. I urge my colleagues to join me in egory 4 hurricanes killed dozens of peo- I yield the floor. voting to confirm Peter Robb for gen- ple and destroyed or damaged entire Mr. ALEXANDER. Mr. President, eral counsel of the National Labor Re- communities in the southern United today we are voting on the nomination lations Board. States and Puerto Rico. Wildfires of Peter Robb for general counsel of Mr. PETERS. I suggest the absence killed dozens of people and burned the National Labor Relations Board, of a quorum. more than 8.4 million acres in the NLRB. The PRESIDING OFFICER. The Northwest. Droughts lasting for As general counsel, Mr. Robb will clerk will call the roll. months wiped out farmers’ crops and have the important job of helping The senior assistant legislative clerk forced ranchers to sell livestock in the workers who feel their right to orga- proceeded to call the roll. Midwest. The city of Seattle had soot nize collectively has been violated or Mr. SCHATZ. Mr. President, I ask on cars from the wildfires. For a pe- assisting employers when some of their unanimous consent that the order for riod, the State of Montana, depending employees want to form a union. the quorum call be rescinded. on where you were, looked like it was Mr. Robb will have an opportunity to The PRESIDING OFFICER. Without literally on fire. help restore the Board to the role of a objection, it is so ordered. The U.S. Forest Service’s budget is neutral umpire in labor disputes. NOMINATION OF WILLIAM WEHRUM soon to be more than 50 percent fire- While partisanship at the Board did Mr. SCHATZ. Mr. President, the Sen- fighting. This is supposed to be the not start under the previous adminis- ate has, actually, already considered Forest Service for the conservation and tration, it became far worse. Bill Wehrum to be the Assistant Ad- management of our forests, and now it When the Board is too partisan, it ministrator for Air and Radiation at is the Federal firefighting of our for- creates instability in our Nation’s the Environmental Protection Agency, ests. There have been 15 severe weather workplaces and creates confusion for who is the person in charge of the rules events this year that have resulted in employers, employees, and unions. to administer the Clean Air Act at the losses exceeding $1 billion. That is For example, in 2015, at the previous EPA. This person has already been con- what insurance companies and reinsur- general counsel’s urging, an NLRB de- sidered, and the Senate decided that he ance companies consider to be the cision dramatically expanded ‘‘joint was not right for the job. threshold. They consider a big event— employer’’ liability, and this increased Over 10 years ago, President Bush a catastrophic event—from an insur- liability makes it much more likely a nominated Mr. Wehrum to head the Of- ance standpoint to be a $1 billion company will find it more practical to fice of Air and Radiation at the EPA. event. We had 15 of them this year in own and operate its stores, taking He was rejected because his 6-year the United States. In the past 10 years, away the opportunity for a worker to record as an employee at the EPA told the U.S. Government has spent more own and run their own franchise. the Senators all that they needed to than $350 billion in helping commu- This decision was the biggest attack know. As the ranking member, Jim nities recover from severe weather, and on the opportunity for small business Jeffords, put it at the time: ‘‘Mr. that is before our getting through with men and women to make their way Wehrum’s disdain for the Clean Air Act the various and necessary disaster sup- into the middle class that anyone has is alarming.’’ If you disagree with the plemental budget requests that are seen in a long time, threatening to de- foundational Federal law that we use coming down for Florida, Houston, and stroy the American Dream for owners to keep our air clean, then it is hard to Puerto Rico. of the Nation’s 780,000 franchise loca- believe that you can competently lead Look, severe weather is a reality or tions. the EPA’s efforts when it comes to pro- whatever you want to call it. If you Or consider the previous general tecting our right to clean air. A decade feel uncomfortable politically calling counsel’s aggressive application of the later, nothing has changed. Mr. it ‘‘climate change,’’ fine, but severe National Labor Relations Act to pro- Wehrum has done nothing that should weather is actually already happening. tect certain employees’ belligerent, change our minds about his ability to It is now a moral issue, and it is a fis- threatening, and discriminatory con- lead the EPA. cal issue. It has taken a huge toll on duct. This, of course, is part of a pattern. our economy, on the American tax- One troubling decision involved an This administration continues to nomi- payer, and on local communities. For employer that fired a picketing em- nate anti-science, pro-pollution, cli- the most part, we do not budget for

VerDate Sep 11 2014 00:33 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.035 S08NOPT1 S7094 CONGRESSIONAL RECORD — SENATE November 8, 2017 these costs because we have decided the authority to regulate carbon emis- station wagon, which rolled off the as- that these are one-time events, but sions; it has the obligation to regulate sembly line 30 years ago. It is a car they just happen to be one-time events carbon emissions. In other words, any- that any of us would have been excited that are occurring more and more fre- thing that is airborne that causes harm to drive 30 years ago. Today we have quently and that are costing more and to people, to public health, must be cars that drive themselves. Unfortu- more. regulated. The EPA does not simply de- nately, we still have a tax code that is Because of the leadership vacuum cide which of these airborne pollutants made for this LTD. that Scott Pruitt and Donald Trump must be regulated; it has to regulate So while the world has changed have created, States and cities and the all of those pollutants that cause dam- around us and other countries have private sector have been stepping up so age to public health. Clearly, carbon learned to craft tax codes to entice that the United States can stay on fits that category on a commonsense businesses to grow, our code has gotten track to cut carbon emissions and fight level, but the Supreme Court also de- more and more out of date and more climate change. Yet the Federal Gov- cided that. There have been more in- and more laden with special-interest ernment still has a responsibility here, tense storms, as we have seen from giveaways. Our Tax Code has turned not just a moral responsibility but a Hurricanes Harvey, Irma, Maria, and Main Street into a dead end and our legal one, for the climate will keep others, that are certainly bad for overseas growth into a one-way street. changing, the costs will keep rising, human health and well-being, and the Reforming the code is not only a way and more and more people will feel the Supreme Court has agreed. The EPA to give us an opportunity to end those effects. Instead of stepping up so that has the authority and the obligation to giveaways, but it can also boost our our Federal debt does not balloon and regulate these greenhouse gases. economy. I applaud our colleagues in our coastlines do not erode and our se- We do not need to go through this the House, who last week introduced curity is not threatened, this adminis- again. Mr. Wehrum has already shown and are working on a proposal to over- tration keeps nominating people like that he is not the right leader for the haul the tax system. In the coming Mr. Wehrum to deny that climate is an EPA. He will not commit to taking the days the Senate Finance Committee issue and that the government ought necessary steps to address severe will introduce their own legislation. to act. weather. He will not fight for clean air. While I will mostly focus my com- Throughout his career, Mr. Wehrum He will fight for his former clients. ments today on one aspect of tax re- has demonstrated antipathy for the This is not an accusation. It is based on form, I will note that on Friday the very laws that he is now going to be exactly what he did when he was in the Tax Foundation released its analysis of tasked with upholding. When he held same position. It is the reason the Sen- the House tax proposal. This analysis this position in an acting capacity in ate rejected him 10 years ago. concluded that the House proposal the 2000s—in other words, he was filling With this kind of information in would create 975,000 full-time-equiva- in until he was confirmed but was front of us, there is no way we can put lent jobs and push GDP 3.9 percent never confirmed—he was sued dozens of Mr. Wehrum back in charge of the of- higher than it would otherwise be. times for not doing his job. Time and fice that is tasked with regulating car- Taking into account the economic again, the courts found that, in fact, he bon pollution, not when we are facing a feedback from the proposed reforms, was putting special interests over planetary emergency, not when the fis- this means taxpayers would end up science and over the public good. This cal and human costs of inaction are so with 4.4 percent higher income. In is not just a rhetorical statement. clear. The EPA needs leadership that other words, they will make greater, These are 27 times that Mr. Wehrum understands the crisis we are facing higher income as a result of the bill lost in court for exceeding his authori- and that understands and is willing to that the House is working on today. In- ties under the law. do everything in its power to address deed, the Tax Foundation concluded Here is where he kept getting specifi- it. Mr. Wehrum has clearly dem- that the total after-tax gain in income cally into trouble. Mr. Wehrum is a onstrated that he is not the right per- for a middle-class family would be former lawyer for the very industries son for this job. I will vote no on this nearly $2,600. that the EPA regulates—chemical com- nominee, and I urge my colleagues to Importantly, for my constituents in panies, utility companies, the auto in- do the same. my home State of Colorado, the gain dustry. This is the experience that he I yield the floor. would be over $3,000. These are serious relied on while he worked at the EPA, I suggest the absence of a quorum. gains that will bring real, meaningful which is fair enough so far, but when The PRESIDING OFFICER. The benefits to hard-working Americans. the Agency started working on a rule clerk will call the roll. This is just the starting point for our that regulated pollution from power- The legislative clerk proceeded to reform. This number is over $3,000 of plants, Mr. Wehrum took language call the roll. impact to the people of Colorado of ad- from his former law firm—again, which Mr. GARDNER. Mr. President, I ask ditional income and tax relief. When a represented powerplants—and gave it unanimous consent that the order for significant segment of Americans don’t to the EPA to put into the rule. In the quorum call be rescinded. even have access within 24 hours to other words, the EPA did not look to The PRESIDING OFFICER. Without just a few hundred dollars, a $3,000 a experts and scientists to decide how objection, it is so ordered. year gain is a significant amount of best to regulate powerplants; it looked There will now be 30 minutes of de- money. to the powerplants’ lawyers. bate, equally divided between the lead- Today I would like to focus on one Mr. Wehrum’s job was to protect ers or their designees. part of the tax reform package, and clean air and public health, and he The Senator from Colorado. that is the lowering of taxes on Amer- failed at that job by siding with special TAX REFORM ica’s job creators. Because we have this interests over that mission. The courts Mr. GARDNER. Mr. President, I rise clunky Atari-era Tax Code—this Ford actually stepped in 27 times, and he today to talk about a historic oppor- LTD station wagon Tax Code, our tax lost 27 times. One case went all the tunity that will soon be before this rates are no longer competitive. They way to the Supreme Court under Mr. body. It is an opportunity to bring real encourage companies to invest abroad Wehrum. The EPA said that it did not relief to the American people. It is an rather than right here at home in the have the authority to regulate carbon opportunity to jolt our economy into a United States. Back in 1986, when this dioxide from automobiles, but under higher gear and bring real, tangible car rolled off the assembly line, our U.S. law, the EPA must regulate all benefits to America’s hard-working corporate rate was competitive. It emissions that are damaging to human families. didn’t discourage companies from in- health and welfare, and the Supreme It has been over 30 years since this vesting in the United States. Court has acknowledged that carbon country last reformed its Tax Code. Things have significantly changed pollution fits that description. Over those 30 years, we have seen a lot since 1986. Foreign countries have fig- Just to be clear, under the EPA’s re- of change. We have seen the country ured it out. They lowered their tax sponsibility to administer the Clean move from Ataris to smartphones and rates, and now the United States has Air Act, the EPA does not just have Wi-Fi. This photo shows a Ford LTD the highest corporate tax rate in the

VerDate Sep 11 2014 00:33 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.037 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7095 developed world—indeed, one of the nies that can easily move elsewhere. what causes that disconnect between highest tax rates in the world, period. That is why France, Germany, Spain, corporate profits and workers’ wages. Consequently, businesses have moved Italy, and Greece—not exactly bastions When a company decides whether and abroad more and more. They invested of open economic innovation—have where to invest in new buildings, more abroad, and in the United States lower corporate tax rates than we do. equipment, and research, they look at they have invested less and less. The chairman of the Council of Eco- the tax rate to know what return is It is not in the Republicans’ view nomic Advisers, Kevin Hassett, told needed to make that investment profit- alone. I would draw your attention to the Joint Economic Committee re- able. The higher the tax, the higher the this quote right here. President Obama cently: needed return. So companies facing noted this gradual deterioration of the This is not about right wing parties throw- higher taxes either don’t invest at all corporate tax code in his 2011 State of ing money at rich corporations. It is about or they invest in another country. That the Union Address, saying: economically literate governments under- is why experts say that workers bear 45 [O]ver the years, a parade of lobbyists has standing that if we want wages to be higher, percent to 75 percent of the burden of rigged the tax code to benefit particular than we have to give workers capital to work corporate taxes, because businesses in- companies and industries. Those with ac- with. vest in them less and less, the higher countants or lawyers to work the system can Let me say that again. This effort for the tax. It is as if the corporate tax end up paying no taxes at all. But all the tax relief is about ‘‘economically lit- rate casts a shadow on the entire econ- rest are hit with one of the highest corporate erate governments understanding that omy. tax rates in the world. It makes no sense, if we want wages to be higher, then we We can see that shadow here. This is and it has to change. have to give workers capital to work the way economists model the market Those are the words that President with.’’ for capital—factories, equipment, Barack Obama spoke to a joint session Let’s go back to the first response we buildings, IP. The higher the price, the of Congress in 2011 in his State of the heard from opponents of tax relief: It is less the companies demand. The lower Union Address. ‘‘absurd’’ to think the average Amer- the price, the more the companies de- The Council of Economic Advisers es- ican household will get $4,000 more in mand. This is a simple concept. timates that just moving the tax rates income because that is more than the Suppliers of those things are the re- on corporations from the uncompeti- country raises in tax revenue. verse. If they have to sell at a low tive 35 percent to the middle-of-the- In other words, if we took every dol- price, they don’t make very much, but pack 20 percent and adding permanent lar raised from corporate tax and hand- if they can sell at a high price, they full expensing of capital investments ed it over to American families, they make more. These two should meet in would increase GDP from 3 percent to wouldn’t get $4,000. That is the argu- the middle, but they don’t meet in the 5 percent above what is currently fore- ment opponents of tax reform are say- middle today because the government casted. That increase would not just ing, but this response simply doesn’t has come in and imposed a corporate happen in a decade or two, it would be get it. tax. So each unit of capital costs more front-loaded, meaning that we would What is the economically literate than it should because of this tax sys- see a fast response from this economy, perspective? tem. That means businesses only want with 2.4 percent to 3.2 percent higher Recall that a lot has changed over this much. The producers only get this GDP in the first 3 to 5 years under this the last 30 years, but one thing hasn’t much. The government takes the rest. proposal. That boost will not just be to changed, and that is the U.S. corporate What is left? We can see right here the corporate bottom line. It will in- tax rate. As you can see on this chart, what the government is taking. We can crease the average American household the average OECD tax rates have see the effect that taxes have on the income by $4,000. dropped over time. You see the blue economy. What is left is this dark- Let me say that again. It will in- OECD line, and the orange line on the shaded triangle. This is what econo- crease average household income in chart is straight across. The average mists call deadweight loss. That is the America by $4,000. OECD tax rates have dropped over stuff that doesn’t happen because of Since these estimates were released, time, but the U.S. rate stayed right the tax. This is the tax shadow—the since those numbers, statistics, and where it is. The U.S. advantages that deadweight loss. It is deadweight in our analysis have been done, opponents of made it the place to invest in 1986 have economy. In that shadow, business ac- pro-growth tax reform have thrown ev- slowly faded away. Other countries tivity just doesn’t happen, and workers erything they can at the proposals and have used their tax rates to become just don’t get the capital they need to estimates to see what will stick to try more competitive, and companies have be more productive. to bring it down. They said these num- responded. Remember, businesses are deciding bers are too rosy. They said that we Business investment now is unfortu- whether and where to invest that next can’t possibly get a $4,000 increase in nately low. Indeed, Chairman Hassett dollar. If the cost is too high—reflected average household income because that warned that there is a crisis in our here—they won’t invest, at least not would mean more money would end up country because of the lack of what is here in the United States. They will de- in bank accounts of American house- called capital deepening, which is just cide not to expand at all, or they will holds than is raised in revenue by the an economist’s term for the impact of expand in a country that has a lower corporate income tax. capital stock—things such as equip- tax rate, or they will simply shut down They said that corporations have ment, structures, and intellectual entirely. been ‘‘rolling in money’’ for a long property—on worker productivity. I don’t think the American people time. So if they wanted to invest in Worker productivity is, in turn, what would be surprised by this. This is not America they already would have. drives up wages. That is what makes news to them. They lived this for a Some opponents say we should tax cor- wages increase. The more productive a long time. They know it well. They porations more—take the profit that is worker is, the more the employer is know businesses are not expanding sitting overseas and spend it as the willing to pay that worker to keep him here. They have seen businesses close. government wishes. When opponents of or her in the job with rising wages. They have seen a slowdown in the tax relief see a company with money, Going to another chart, we can see startup of new businesses. They know their reaction is to take it—to take it the effects of that. Prior to 1990, when wages haven’t gone up in many years. like it is the Government’s money. But corporate profits were going up by 1 They understand this shadow. Busi- we know that doesn’t work. Even our percent, workers’ wages went up by nesses don’t expand. Workers are laid European friends, whose residents tend more than 1 percent. Since that time in off. Money moves abroad. It is because to be far more open to socialist experi- the 1990s, we have seen change. From of this high tax that doesn’t leave us ments, have rejected this notion. They 2008 to 2016, a 1-percent increase in with decreases in costs, creating a know that tax reform is about creating business profits corresponded with only deadweight loss on our economy. They the environment that will cause com- a 0.3 percent increase in workers’ understand it, and they know that cor- panies to invest in America, not at- wages. One of the biggest culprits in porations pass that tax on to them in tempting to seize profits from compa- this is the corporate tax rate. It is the form of lower wages.

VerDate Sep 11 2014 02:07 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.041 S08NOPT1 S7096 CONGRESSIONAL RECORD — SENATE November 8, 2017 But here is the good news. Help is on too. The right move is to create the tax has done everything possible to take the way. Lowering the corporate tax environment that tells businesses that away that right, that ability to weigh rate lowers the rate of return needed to they should invest here because they in for basic fundamental fairness for make investments work. It removes can make more money. That is why workers. the shadow that blocks the economic President Obama called for corporate The responsibility of the National sunlight. Suddenly businesses are oper- tax reform. That is why former Treas- Labor Relations Board is more impor- ating here in the green. ury Secretary—and one of President tant today than ever. We have seen the More investment in factories, build- Obama’s economic advisers—Larry impact of policies on behalf of the priv- ings, equipment, and IP means more Summers said that reducing the cor- ileged and the powerful—incomes stag- Americans are more productive, and porate tax rate and lowering the com- nating while the wealthiest Americans that makes total sense. You get more petitive disadvantage faced by Amer- see their riches grow right up to the done when you have a new computer ican multinationals is ‘‘about as close skyline. We have seen that anti-worker than when you have an old clunky one. to a free lunch as tax reformers will forces throughout our country have led You produce more when you have a ever get.’’ That is what we do by low- an assault in State after State after new machine on the line. Workers be- ering the tax rate. That is how Amer- State against the right of workers to come more productive, and the compa- ican families end up with $4,000 more in organize and to secure safe working nies pay them more both because they their pockets—and not just one time; conditions and fair wages. are bringing in more and because they once this fully takes effect, that in- Here we are at a time when Amer- want to keep those workers to do more. crease is permanent. ica’s workers have seen four decades in That is what happens when you lift Mr. President, we have a historic op- which their wages have been flat or de- that economic shadow that we talked portunity. The American people need clining while the rich and powerful about that corporate taxes impose and and deserve a new and better Tax Code, have stripped off the growing wealth of cast on our economy. You create more a modern one designed for today’s this Nation for themselves. Income in- jobs, and wage competition grows in- world, not an Atari world or a Ford equality has soared, wealth inequality come. LTD world. is massive, and here is one more person This isn’t just economic theory. As I urge my colleagues on both sides of being nominated to accentuate that in- you can see here on this chart, wage in- the aisle to join with us as we mod- equality in wealth and in income. creases are significantly higher in ernize our Tax Code and deliver real re- Back in 1981, Mr. Robb was lead at- countries with lower corporate tax sults for the American people. torney on the case to decertify the Pro- rates. We don’t need just simple eco- Mr. President, I yield the floor. fessional Air Traffic Controllers Orga- nomic theory; we need economic re- The PRESIDING OFFICER. The Sen- nization. The union was striking, and sults, and that is what this chart shows ator from Oregon. Mr. Robb helped President Reagan us. High-tax countries like the United Mr. MERKLEY. Mr. President, a few break that strike, which resulted in States have weak wage growth. The moments from now, we are going to the firing of 11,000 striking workers United States is down here on this come to this Chamber to vote on the and, as a commentator at the time chart representing the highest statu- nomination of Peter Robb to serve as said, forever ‘‘undermined the bar- tory corporate rate countries. High-tax general counsel for the National Labor gaining of American workers and their countries like the United States have Relations Board. labor unions.’’ weak wage growth—less than 1 percent, Quite frankly, if we allow this indi- When he last worked on the team at even close to zero percent. You can see vidual to be confirmed, it will be a se- NLRB, this nominee was present for that here. Low-tax countries—these vere slap in the face to American work- decisions that—and this is recounted in are the lowest statutory corporate rate ers. This is an individual who has made a book called ‘‘Right Turn’’—‘‘[a]ltered countries. These are the bottom 10 low- a career out of attacking the ability of long-standing policy . . . narrowing the est rates. Low-tax-rate countries see a American workers to get a fair share of scope of activities subject to tradi- wage growth of 1 percent, 1.5 percent, the wealth they create. Yet here is a tional National Labor Relations Board 3.5 percent, even 4 percent, and that is proposal to put him in a leadership po- protections; broadening the permis- because they don’t live under that eco- sition at an agency whose purpose is to sible range of employer conduct in nomic dead weight, that tax shadow, fight to make sure workers get fair union representation campaigns; low- that deadweight loss zone of high cor- treatment. How does it make sense to ering the costs to employers of unlaw- porate taxes. take someone who has fought to under- ful activity; and otherwise narrowing It also matches my experience in mine the ability of workers his entire or excusing the employer to make talking with companies in Colorado. life and put that person in charge of changes subject to bargaining without U.S. multinational corporations doing making sure American workers are informing unions before the change business in Colorado have told me that treated fairly? Certainly, it is exactly was made, or by permitting employers they want to expand here, but they just the opposite of the argument Candidate wider latitude to end the bargaining can’t justify it when they look at the Trump made when he said he was going process by declaring impasse.’’ tax rates we have here versus around to stand up for American workers. More recently, Mr. Robb represented the world, especially in Europe. I have When push comes to shove, the Presi- Dominion Energy and successfully de- even heard from some foreign-based dent wants to shove workers down into feated a union organizing drive at the companies that do business in Colorado the ditch. Millstone Power Station, bragging on that this sort of reform—I ask unani- It boils down to this: The National his firm’s website that he was able to mous consent to complete my remarks. Labor Relations Board was established delay the election for ‘‘more than two The PRESIDING OFFICER. Is there 82 years ago in the middle of the Great years after the day the petition was objection? Depression to protect workers by en- filed.’’ Without objection, it is so ordered. couraging and promoting their right to As many of you know, he does not Mr. GARDNER. Mr. President, it collective bargaining. Think of the want workers to have a fair chance to would entice them to invest more in power of association so that workers vote on organizing a union or to work the United States. This is real, and the can have the opportunity to have a fair to press for a first contract or to seek American people need it. share, to have a basic foundation for fair wages. He has spent his career It is good television to say that it is their families to thrive. That ability of fighting against workers having that absurd to think that American families workers to organize has been behind fair shot and defending companies will get more money from lowering the every advancement we have made as a against allegations from union mem- corporate rate than the tax raised in middle class in America. Be it the 40- bers regarding unfair labor practices— revenue, but it is wrong. It is tempting hour workweek, safe working condi- all kinds of unfair labor practices, in- to look at a stash of corporate profits tions, standard benefits, each and cluding age and sex discrimination. and think that corporations just must every advance was led by workers’ abil- Never once in this long career has he not want to invest here or ‘‘let’s just ity to organize. Yet here the President been on the side of the American work- take that money,’’ but that is wrong wants to put in place an individual who er—not once; therefore, he has no place

VerDate Sep 11 2014 00:33 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.042 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7097 at the head of an organization intended lawyer. His time at the EPA includes 2 The question is, Will the Senate ad- to support the ability of workers to or- years of service as the Acting Adminis- vise and consent to the Robb nomina- ganize and to press for a fair share. trator of the Office of Air and Radi- tion? It is unthinkable that this nominee ation—the same office he has now been Mr. BARRASSO. Mr. President, I ask would ever even come to this Chamber. nominated to lead. for the yeas and nays. It is certainly part of an endless EPA’s Office of Air and Radiation is The PRESIDING OFFICER. Is there a stream of attacks by the rich and pow- critically important in terms of a divi- sufficient second? erful on working Americans that have sion within the Agency. It develops na- There appears to be a sufficient sec- kept their wages flat and declining for tional programs, policies, and regula- ond. four decades. When are we going to see tions for limiting air pollution and ra- The clerk will call the roll. The bill clerk called the roll. an end to this sort of oppression by the diation exposure. One of the respon- Mr. CORNYN. The following Senators powerful class against the workers of sibilities of this office is implementing are necessarily absent: the Senator the United States of America? the Clean Air Act, and it is a big job. from Texas (Mr. CRUZ), the Senator There is one act after another by this Here is a chart. Most EPA regulatory from Kentucky (Mr. PAUL), and the administration—President Trump and burdens come from EPA air regula- Senator from Kansas (Mr. ROBERTS). his team—undermining fair wages for tions; 94.5 percent from the Office of Further, if present and voting, the workers in this Nation. It is out- Air and Radiation regulatory burden in Senator from Kansas (Mr. ROBERTS) rageous. This nomination is out- 2014; only 5.5 percent from all other would have voted ‘‘yea.’’ rageous, and I encourage my colleagues EPA offices’ regulatory burden of that Mr. DURBIN. I announce that the to vote no. same year. So under the Obama admin- Senator from New Jersey (Mr. MENEN- The PRESIDING OFFICER. The Sen- istration, the air office was one of the DEZ) and the Senator from Montana ator from Wyoming. biggest regulatory abusers. According (Mr. TESTER) are necessarily absent. NOMINATION OF WILLIAM WEHRUM to the Office of Management and Budg- The PRESIDING OFFICER. Are there Mr. BARRASSO. Mr. President, et, the EPA’s air regulations were re- any other Senators in the Chamber de- President Trump has been in office now sponsible for 95 percent of the cost of siring to vote? for more than 9 months. He has laid the Agency’s regulations. Now Mr. The result was announced—yeas 49, out his agenda to cut punishing regula- Wehrum is going to play a key role in nays 46, as follows: tions, to grow the economy, and to undoing this redtape. [Rollcall Vote No. 266 Ex.] help hard-working Americans. The American people need a qualified YEAS—49 President Trump’s administration leader in the EPA air office. Bill Alexander Flake Perdue has already taken important steps to Wehrum is the right man for the job. Barrasso Gardner Portman roll back the regulatory rampage of Don’t take my word for it; former envi- Blunt Graham Risch the last 8 years. During the last admin- ronmental Obama Justice official John Boozman Grassley Rounds Burr Hatch istration, the Environmental Protec- Cruden said this of Mr. Wehrum: ‘‘I be- Rubio Capito Heller Sasse tion Agency issued harmful and pun- lieve he is committed to achieving Cassidy Hoeven Scott ishing, overreaching regulations that clean air for all citizens and carefully Cochran Inhofe Shelby Collins Isakson hurt workers in my home State of Wy- Strange following sound and current science.’’ Corker Johnson Sullivan oming. Marcus Peacock, an EPA Deputy Ad- Cornyn Kennedy Thune According to the chamber of com- ministrator during the Bush adminis- Cotton Lankford Tillis merce, from 2008 to 2016, the EPA tration, praised Mr. Wehrum, saying Crapo Lee Daines McCain Toomey issued regulations that cost our econ- that his ‘‘understanding of the Clean Enzi McConnell Wicker omy over $60 billion each year—signifi- Air Act may be second to none. His de- Ernst Moran Young cantly more than any other Federal sire to pull up his sleeves and actually Fischer Murkowski agency. These rules had real-life im- make the Clean Air Act work as a prac- NAYS—46 pacts. The Obama administration’s so- tical matter is second to none.’’ Baldwin Gillibrand Nelson called Clean Power Plan would have Mr. Wehrum’s expertise and experi- Bennet Harris Peters closed powerplants and cost America ence will be tremendously helpful as he Blumenthal Hassan Reed jobs. We can have both clean air and a pursues policies that will protect Booker Heinrich Sanders Brown Heitkamp Schatz growing economy. We have proven it. America’s air, undo regulatory over- Cantwell Hirono Schumer My goal is to make American energy reach, and allow our economy to grow. Cardin Kaine Shaheen as clean as we can, as fast as we can, I urge all Senators to vote for cloture Carper King Stabenow Casey Klobuchar Udall without raising costs on American on Mr. Wehrum’s nomination. Coons Leahy Van Hollen families. President Trump shares that Thank you. Cortez Masto Manchin Warner Donnelly Markey goal. That is why EPA Administrator I yield the floor. Warren Scott Pruitt has led the charge in cut- The PRESIDING OFFICER (Mr. Duckworth McCaskill Durbin Merkley Whitehouse ting redtape. The EPA has taken im- GARDNER). The Senator from Wash- Feinstein Murphy Wyden portant steps to roll back the Clean ington. Franken Murray Power Plan and other punishing EPA Mrs. MURRAY. Mr. President, as NOT VOTING—5 regulations. President Trump continues to under- Cruz Paul Tester It is interesting. The annual cost of mine worker protections and prioritize Menendez Roberts high-impact rules by agencies from 2008 corporate profits, it is very critical The nomination was confirmed. to 2016—there were 13 rules by the that the NLRB is independent and is The PRESIDING OFFICER. Under EPA—in the red right here, billions committed to promoting collective the previous order, the motion to re- and billions and billions—over $60 bil- bargaining. consider is considered made and laid lion. When corporations try to take advan- upon the table and the President will Administrator Pruitt needs his full tage of their employees, workers be immediately notified of the Senate’s leadership team in place at the Agency should be able to turn to the NLRB to action. to complete the task, so today the Sen- intervene. Unfortunately, Mr. Robb’s f ate is going to vote on cloture so we career as a corporate lawyer fighting can consider the nomination of Bill against workers gives me great concern CLOTURE MOTION Wehrum. He has been nominated to he will not have workers’ best interest The PRESIDING OFFICER. There serve as EPA’s Assistant Adminis- at heart in this role. So I will be voting will now be 2 minutes of debate, equal- trator for the Office of Air and Radi- no on this nomination, and I urge my ly divided. ation. Mr. Wehrum has more than colleagues to stand up for workers and The Senator from Delaware. three decades of experience in environ- do the same. Mr. CARPER. Mr. President, I rise in mental policy. He has worked as an en- I yield back our time. opposition to the nomination of Wil- vironmental engineer, a public servant The PRESIDING OFFICER. All time liam Wehrum to be EPA’s Assistant at the EPA, and is an environmental is yielded back. Administrator for Air and Radiation.

VerDate Sep 11 2014 01:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.044 S08NOPT1 S7098 CONGRESSIONAL RECORD — SENATE November 8, 2017 President George W. Bush nominated Mr. CORNYN. The following Senators lion people who are getting their insur- Mr. Wehrum for the very same job in are necessarily absent: the Senator ance on the job—that is 60 percent of 2005. He was not confirmed then but from Texas (Mr. CRUZ), the Senator us—know they might lose their job, was able to serve in that role on an from Kentucky (Mr. PAUL), and the they might change their job, and they acting basis—something he could not Senator from Kansas (Mr. ROBERTS). might be in the individual market lawfully do today. At the time, I voted Further, if present and voting, the themselves and might find themselves against Mr. Wehrum’s nomination be- Senator from Kansas (Mr. ROBERTS) exposed to these skyrocketing pre- cause I feared he would impede efforts would have voted ‘‘yea.’’ miums and the chaos that results from to clean our air and protect the health Mr. DURBIN. I announce that the them. of Americans. Sadly, my fears have Senator from New Jersey (Mr. MENEN- This is especially difficult for Ameri- been proved well-founded. Twenty DEZ) and the Senator from Montana cans who have no government subsidy times, the courts found that clean air (Mr. TESTER) are necessarily absent. to help them buy insurance. In 2016, ac- regulations that Mr. Wehrum helped The PRESIDING OFFICER (Mr. LEE). cording to the Department of Health craft did not follow the law or protect Are there any other Senators in the and Human Services, there were about public health. Chamber desiring to vote? 9 million of those Americans. Since leaving EPA in 2007, Mr. The yeas and nays resulted—yeas 49, There are 350,000 people in Tennessee Wehrum has spent his time suing the nays 46, as follows: who buy insurance on the individual Agency. [Rollcall Vote No. 267 Ex.] market. That means they don’t get it Mr. Wehrum was elusive in answering YEAS—49 on the job. They don’t get it from the our questions. When asked which clean government. They go out and buy it Alexander Flake Perdue air regulations he supports, he could Barrasso Gardner Portman themselves, and 150,000 of those pay the not name a single one—not one. Blunt Graham Risch whole brunt. So if insurance costs go Mr. Wehrum’s extreme views are not Boozman Grassley Rounds up 176 percent over 4 years, another 58 Burr Hatch Rubio good for public health and, quite frank- Capito Heller percent this year, that means the song- ly, the legal uncertainty that stems Sasse writer, the farmer, the self-employed Cassidy Hoeven Scott from his judgment would not be good Cochran Inhofe Shelby person has a very difficult time buying Collins Isakson for American businesses. That is why I Strange insurance. It is a terrifying prospect. Corker Johnson Sullivan call on all of my colleagues to join me Cornyn Kennedy That is why healthcare is on the minds Thune in opposition to this nomination. Cotton Lankford of the American people. Crapo Lee Tillis One would think the American people Thank you. Toomey The PRESIDING OFFICER. The Sen- Daines McCain might turn around and look at Wash- Enzi McConnell Wicker ator from Wyoming. Ernst Moran Young ington and ask: Why doesn’t the Presi- Mr. BARRASSO. Mr. President, Mr. Fischer Murkowski dent of the United States and why Wehrum has been nominated to serve NAYS—46 don’t Members of Congress—Repub- as the EPA Assistant Administrator licans as well as Democrats—get to- Baldwin Gillibrand Nelson for the Office of Air and Radiation. He Bennet Harris Peters gether and do something about the has more than three decades of experi- Blumenthal Hassan Reed skyrocketing premiums? ence in environmental policy. He has Booker Heinrich Sanders Well, what would you think if I told Brown Heitkamp Schatz worked as an environmental engineer. Cantwell Hirono you that last month the President of Schumer the United States, President Trump, He has been a public servant at the Cardin Kaine Shaheen EPA as an environmental lawyer. His Carper King Stabenow called me and asked me to do just Casey Klobuchar time at the EPA includes years of serv- Udall that? Coons Leahy Van Hollen ice as the Acting Administrator of the Cortez Masto Manchin He said: I don’t want people to be Warner Office of Air and Radiation, the same Donnelly Markey hurt over the next couple of years Duckworth McCaskill Warren office to which he has now been nomi- Whitehouse while we are continuing to debate the Durbin Merkley long-term structure of healthcare on nated. Feinstein Murphy Wyden The PRESIDING OFFICER. Pursuant Franken Murray the individual market. So why don’t to rule XXII, the Chair lays before the you get with Senator MURRAY from NOT VOTING—5 Senate the pending cloture motion, Washington—she is the ranking Demo- Cruz Paul Tester crat on the Senate HELP Committee— which the clerk will state. Menendez Roberts The assistant bill clerk read as fol- and why don’t you try to work some- lows: The PRESIDING OFFICER. On this thing out so people will not be hurt vote, the yeas are 49, the nays are 46. CLOTURE MOTION during these 2 years. The motion is agreed to. We, the undersigned Senators, in accord- He said: I have to cut off the cost- ance with the provisions of rule XXII of the f sharing payments because the court Standing Rules of the Senate, do hereby EXECUTIVE CALENDAR has said they are not legal, but we can move to bring to a close debate on the nomi- put them back. Go negotiate. See what nation of William L. Wehrum, of Delaware, The PRESIDING OFFICER. The Sen- you can do. Try to get some flexibility to be an Assistant Administrator of the En- ator from Tennessee. for the States. vironmental Protection Agency. HEALTHCARE Fortunately, Senator MURRAY and I Mitch McConnell, Orrin G. Hatch, Thom Mr. ALEXANDER. Mr. President, Tillis, John Barrasso, Johnny Isakson, were already working on that and to Chuck Grassley, Lindsey Graham, Roy healthcare is on the minds of the have the President’s call was encour- Blunt, John Cornyn, John Thune, John American people. According to the aging to me. He called me three more Boozman, Cory Gardner, Pat Roberts, Washington Post, in the elections in times over the next 2 weeks, and the Mike Crapo, Mike Rounds, James M. Virginia yesterday, it was by far the long and short of it is we produced a re- Inhofe, John Hoeven. biggest issue in voters’ minds. Maine sult. The PRESIDING OFFICER. By unan- expanded Medicaid. Here is what the result looks like— imous consent, the mandatory quorum In my home State of Tennessee, be- and I am going to talk about it from call has been waived. cause of the Affordable Care Act’s the point of view of why Republicans The question is, Is it the sense of the structure, premiums have gone up 176 are supporting it. Senator MURRAY and Senate that debate on the nomination percent over the last 4 years and an- Democratic Senators were here earlier of William L. Wehrum, of Delaware, to other 58 percent, on average, for 2018 is saying why they were supporting it. be an Assistant Administrator of the predicted. Senator ROUNDS from South Dakota, a Environmental Protection Agency, Tennesseans, like millions of Ameri- former Governor of that State, a man shall be brought to a close? cans, are going through open enroll- who understands insurance very well The yeas and nays are mandatory ment and have sticker shock when and helped develop this proposal—we under the rule. they see the prices of the health insur- are here today to say this happens to The clerk will call the roll. ance they might buy, and the 178 mil- be one of those bills where there are

VerDate Sep 11 2014 01:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.047 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7099 good reasons for Democrats to support one else by 20 percent and to do 85 per- PATTY MURRAY of Washington, have it, there are good reasons for Repub- cent of that with Federal dollars—no done a magnificent job. What I want to licans to support it, and the President new Federal dollars, 15 percent by the emphasize is not necessarily the con- has asked for it. States. tent of the bill, which he has outlined Here is what it does, from my point The reasons Republicans like the expertly, but the process by which this of view. The so-called Alexander-Mur- Alexander-Murray bill, the reasons we bill has come to the U.S. Senate. To ray legislation, which was rec- have 12 of us on this side of the aisle me, it is an example of how this place ommended to the Senate by Senator cosponsoring it, along with 12 Demo- can and should work. MURRAY and me—there were 12 Repub- crats, are lower premiums, fewer tax There were a series of essentially licans and 12 Democrats who were dollars for ObamaCare subsidies, less four all-day hearings. There were work- original cosponsors, including Senator Federal debt, more flexibility for shops to which all Senators were in- ROUNDS and myself. That doesn’t hap- States, a new so-called catastrophic in- vited, and I think at least half of the pen very often here. That is one-quar- surance policy so you can buy a policy Senate attended several of those work- ter of the Senate offering a bipartisan with a lower premium and a higher de- shops. We had a bipartisan witness list. bill on a contentious subject to the ductible so that a medical catastrophe We had Governors. We had insurance Senate. doesn’t turn into a financial catas- commissioners. We had experts on the Here is what it does. One, it lowers trophe. Those are all reasons to sup- health services industry from around premiums. In 2018, where the rates are port it. the country. The result was a piece of already set, it requires the States to Here is the long and short of it. The negotiated, compromised but thor- work with the insurance companies American people have healthcare on oughly worked through, and important and give rebates for the high premiums their minds. It is certainly true in Ten- legislation that can do exactly what that have already been set. In 2019, it nessee, where the rates are up 58 per- the Senator from Tennessee outlined: will lower premiums. That is the first cent. It was certainly true in Virginia Lower premiums, end the chaos in the thing it does and the first reason why yesterday. It is certainly true in individual market, save the Federal I and many Republicans support it. Maine. I see the Senator from Maine is Government money over the period of Because the premiums are lower, it here, and he has been an important the next 10 or 20 years, and really make also means fewer tax dollars are going part of this discussion. a difference for the people of Maine. to pay for ObamaCare subsidies. That The people of America say: Why I particularly want to compliment is another reason Republicans and con- don’t the President, the Republicans, and express my appreciation to Sen- servatives like the idea of the Alex- and the Democrats in both bodies get ator ALEXANDER and Senator ROUNDS ander-Murray bill. together and do something about it? I for the work they have done to bring Another reason we like it is, because am happy to report we have. We have a the issue to this point. I deeply hope, there are lower subsidies, there is less bipartisan proposal. It doesn’t solve as the Senator from Tennessee, Mr. Federal debt. The Congressional Budg- every problem, but it limits the dam- ALEXANDER, just said, that when the et Office has examined our bill and has age. It lowers premiums. It avoids President returns from his trip, he will said that it saves money over 10 years, chaos. It saves Federal tax dollars. It see this bipartisan agreement—or in nearly $4 billion. has the support of a significant number my case, a nonpartisan agreement— There are other reasons we like it. It of Republicans and Democrats, and it that has come forward to solve some gives States flexibility in increasing is done at the request of the President. serious problems. It doesn’t solve all the variety and choices of the insur- I hope that when the President re- the problems, but it is a step forward. ance policies they can recommend. turns from Asia, he will go to his desk It also is exactly what the American That is the biggest difference of opin- and find a nice package there with a people want us to do—to talk to each ion we have between that side of the bow on it, presented by Senator MUR- other, listen to each other, gather the aisle and this side of the aisle. They RAY and me, 24 of us in the U.S. Sen- data and the information, and come up want Washington to write the rules; we ate—Republicans and Democrats— with legislative proposals that make want the States to write the rules. which does exactly what the American common sense and will make a better We agreed to make some changes so people, I think, want us to do: Lower place, a better healthcare system, and that States can write more rules. For premiums, avoid chaos, work together, serve our citizens and our people across example, the Iowa Senators, Mr. take a step in the right direction, and the country in a better way than the GRASSLEY and Mrs. ERNST, are cospon- let’s see if we can help the American current arrangement. sors of the bill because the language in people in that way. Again, I want to compliment my col- the Alexander-Murray amendment I know the Senator from South Da- league from Tennessee and also my col- would permit the Federal Government kota is here, and I thank him for his league from South Dakota, Senator to approve the Iowa waiver. Iowa has a leadership on this. He, along with the ROUNDS, for the work they have done way that it wants to use the Federal Senator from Maine who is here, Mr. on this. We are at a place where we can dollars to enroll more people and to KING, spent a good deal of time work- really do something good, not only sub- give them lower costs. It would allow ing on this piece of legislation, which stantively but also by showing the Na- New Hampshire to use Medicaid sav- has a lot that Democrats like and a lot tion how this body can and should ings to help pay for its Obama waiver. that Republicans like—so much so that work. Both the Democratic Senators and the we are able to recommend it in a bipar- I yield the floor. Republican Governor of New Hamp- tisan way. I know he may have things The PRESIDING OFFICER. The Sen- shire have asked for that. It allows that he may want to say about the bill. ator from South Dakota. Minnesota to use a stream of Federal I yield the floor. Mr. ROUNDS. Mr. President, let me funding so that it can have its own The PRESIDING OFFICER. The begin by acknowledging the leadership waiver. It would allow Oklahoma, clerk will report the nomination. that Chairman ALEXANDER and Rank- which has been waiting, to get its The legislative clerk read the nomi- ing Member MURRAY have offered and waiver approved. nation of William L. Wehrum, of Dela- also by saying how much I have appre- What do we mean by ‘‘waivers’’? ware, to be an Assistant Administrator ciated the hard work that Senator What this means is that States can of the Environmental Protection Agen- KING from Maine has participated in, look at the people in their State and cy. as well, in this process. They have make their own decisions or more of The PRESIDING OFFICER. The Sen- worked together, side by side, to try to their own decisions about a variety of ator from Maine. find some common ground while still choices. Alaska did that earlier. They HEALTHCARE retaining and protecting the principles are the only State that has been able Mr. KING. Mr. President, I don’t wish they all hold with regard to how health to use the section 1332 innovation waiv- to take much of the Senate’s time, but insurance, long term, should be ap- er, as we call it, and they were able to I want to emphasize and echo the com- proached. create a special fund for very sick peo- ments made by the Senator from Ten- Coming to a bipartisan agreement on ple and then to lower rates for every- nessee. He and his ranking member, this very important piece of legislation

VerDate Sep 11 2014 01:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.050 S08NOPT1 S7100 CONGRESSIONAL RECORD — SENATE November 8, 2017 is only the first step. As you know, a from ObamaCare has been included in from ObamaCare and show that States deal was announced last month to give every serious Republican healthcare are far better at coming up with health States permanent flexibility to avoid plan to date. We have to have a transi- insurance rules which are tailored to some of ObamaCare’s most crushing tion in order to move away from the their individual needs. The only trade- mandates, while also temporarily au- existing healthcare plans. In fact, I off is in fulfilling our promise to sta- thorizing the cost sharing reduction, or cannot think of a single GOP colleague bilize the individual market tempo- CSR, payments for 2 years. That is who doesn’t support a smooth transi- rarily while we continue our work to what the piece of legislation we are re- tion so that we don’t hurt families as repeal ObamaCare and replace it with a ferring to in this particular case, the we move away from our current, un- truly competitive market-based sys- Alexander-Murray legislation, would workable system. tem. In the meantime, States will al- do. It is also important to point out that ready be given that option under our This agreement is a win for conserv- Alexander-Murray is merely a step one plan. atives who have spent the past 7 years in the total repeal and replacement of Let me just share this. Sometimes promising to relieve the American peo- ObamaCare. Because of House and Sen- when you look at a bipartisan piece of ple of ObamaCare’s skyrocketing pre- ate rules, the 1332 waiver changes out- legislation, our colleagues on the other miums, limited choices, and Federal lined in our bill are not eligible to be side of the aisle will point to the fact chokehold. For the first time since included in budget reconciliation legis- that they want to stabilize the market ObamaCare was forced onto the Amer- lation, which is the vehicle being used now. Republicans will point to the fact ican public, the Alexander-Murray leg- to repeal and replace ObamaCare by that we need to stabilize the market islation is an opportunity to provide congressional Republicans and which and provide the opportunity for the full permanent, meaningful opportunities we continue to work on. We need both repeal and replacement to become ef- for States to opt out of some of bills. This is a two-step process. fective. ObamaCare started in 2009. It We fully expect there to be an oppor- ObamaCare’s most egregious mandates was passed in 2009. Yet it took until tunity for us to finish the full repeal under the 1332 waiver program, while 2014 for all of the impacts to actually and replace of ObamaCare next year begin to accumulate—5 years. To undo making healthcare more affordable for and are united in our desire to get it it, it will take time for the States to their constituents. across the finish line. But 1332 waiver As a former Governor, like my col- create their fixes. changes found in this bill require bipar- We have to pass the legislation, and leagues Mr. ALEXANDER and Mr. KING, I tisan support in the Senate, period. It the HHS has to create the rules. Then, understand that the best decisions are requires 60 votes. That is not available at the local level, at the State level, made at the State and local levels, not to us or is not part of the remaining the State legislatures have to create by Federal bureaucrats. Empowering part of the challenge of the total repeal the laws once again that were torn States with new opportunities to inno- and replacement. We need both bills in apart by ObamaCare in the first place. vate and strengthen their individual order to get this done. Then their divisions of insurance and health insurance markets in a way We have also included additional as- their departments of health have to ac- that meets their citizens’ unique needs surances within this bill to make cer- tually create the rules. The insurance is a first step toward repealing tain our bill does not bail out insur- companies that are out there that want ObamaCare and allowing the market- ance companies, as Senator ALEXANDER to compete once again have to be able place to once again be competitive and stated earlier. CBO, or the Congres- to contract with doctors and hospitals. innovative. sional Budget Office, confirmed this in They have to go on out and not only In exchange for the permanent 1332 the October report, noting that it bene- write the contracts that will comply waiver changes, we have agreed to tem- fits taxpayers and low-income policy- with the law and the regulations, but porarily authorize the administration holders, not insurance companies. then they also have to go on out and to make CSR payments for 2 years, I also want to point out that there is market that product to individuals. similar to the provisions of the Better also a fiscal case to be made for con- The exchange from one contract Care Reconciliation Act, which 49 Re- tinuing the CSR payments in the short under ObamaCare to a contract with a publican Members of the U.S. Senate term. The nonpartisan Congressional competitor, which is when insurance supported earlier this year. Budget Office—once again, the CBO— carriers can actually offer different Recall that President Trump an- found that the Federal Government types of products to group plans or to nounced recently that he would stop will be on the hook to subsidize care of individuals, will take time. That tran- the CSR payments after a Federal the individuals who otherwise would sition can hardly be done in less than 2 court found them to be illegal because receive premium assistance via the years, thus the need and the offer in all they had not been appropriated by Con- CSR payments. of the Republican proposals to take gress. Not surprisingly, the previous The CSR payments have ended. In- this 2-year time period and actually administration had continued making surers who stay in the individual mar- help the American people get through these payments, a practice that Presi- ketplace will be forced to raise their this very difficult time without hurt- dent Trump rightfully and correctly prices to compensate. Instead of cost- ing them more than the pain they will stopped after months of warning that ing $7 billion, as it did this year under have already felt with the continuation he would do so. We applaud the Presi- the use of CSRs, the CBO estimates of ObamaCare. It simply takes 2 years dent for returning this appropriations that the disruption caused by abruptly to make any reasonable transition hap- decision to its constitutional place— ending the CSRs will cost the Federal pen. with Congress. Government an average of $25 billion Once again, I would like to acknowl- We also recognize that there are mil- annually, more than four times the edge the hard work of the Senator from lions of Americans who will face steep current rate. Tennessee, Mr. ALEXANDER, and the premium increases come January as a The fact that ObamaCare is failing is way in which he has created a team ef- result of this challenging decision. This not a partisan issue. Members of both fect, a team plan, on getting this is in addition to the already sky- parties have acknowledged that it is through. I also acknowledge the hard rocketing premium increases that rapidly sinking. Our colleagues on the work of Senator MURRAY and her work- Americans are facing because of other side of the aisle believe it is fix- ing side by side with Senator ALEX- ObamaCare, because of the concept on able. Republicans believe we have to go ANDER in trying to find common which it was built. The American peo- in a different direction. Democrats ground so her colleagues see the impor- ple did not ask for ObamaCare, and have refused to admit the failure. They tance, from their perspectives, while, they shouldn’t be unfairly punished. recognize it is sinking—they think it is at the same time, those of us on this By extending these payments for fixable—but, until now, have been un- side of the aisle reflect on the first step only 2 years, our legislation will sta- willing to make any concessions to the in a long-term goal of the repeal and bilize the market and help provide a law they were solely responsible for replacement of ObamaCare. smooth transition as we continue to creating. For the first time, we have a chance. work on a full repeal and replacement. We must seize the opportunity to For the first time, we have an oppor- Providing a smooth transition away provide States with much needed relief tunity to take a step statutorily, with

VerDate Sep 11 2014 01:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.053 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7101 a 60-count vote, in actually making Care Act went into place is actually the exchanges, reaps a big benefit as changes to the substance of enable a good Republican idea to work. well, and that helps to bring down the ObamaCare. It is high time. It is time I think what Senator ALEXANDER has size of the deficit, which is good. to get started. It is time to move for- put together with Senator MURRAY can I was just inspired by your words, of ward. help move us closer to that step. both of you, and wanted to say that I thank all of our colleagues for Some other things that I think we and to applaud your efforts. It is a working side by side in at least slowing ought to do include a reinsurance plan pleasure and an honor to work with down the damage which has been oc- along the lines that Senator KAINE and you, and I look forward to doing more curring and which will continue to I have introduced, and that, I think, of that. occur until we get the full replacement has a fair amount of support in a lot of Thank you. of ObamaCare behind us. corners. If we are not going to have an The PRESIDING OFFICER. The Sen- I yield the floor. individual mandate—and I think we ator from Tennessee. The PRESIDING OFFICER. The Sen- ought to, but if we are going to take it Mr. ALEXANDER. Mr. President, I ator from Delaware. away—the other thing is to make sure want to briefly thank the Senator from Mr. CARPER. Mr. President, I ask that we put in its place the exchanges Delaware. unanimous consent that my remarks having young, healthy people so you As the Senator from South Dakota not be counted against my postcloture have a group of folks in each State in said, this has been a very contentious time. the exchanges who are insurable with- issue, but we thought that if we lis- The PRESIDING OFFICER. Is there out the insurance companies losing tened enough, we might find a few objection? their shirts. things we could agree on. Senator MUR- Without objection, it is so ordered. I think one of the great things about RAY and I not only involved our com- Mr. CARPER. Mr. President, while what Senator ALEXANDER and Senator mittee, which is a committee of 22 or 23 Senators ALEXANDER and ROUNDS are MURRAY are trying to do here is to Senators, but we invited anyone not on on the floor—Senator KING has just take the small step of ensuring that the committee to come and meet with left—I find it ironic that the four of us the cost-sharing reductions really help the witnesses—the Governors and the who are gathered here are former Gov- lower income people with their copays State insurance commissioners—for an ernors and are interested in getting and help them with their deductible hour before the hearings. We had near- things done and are interested in work- costs. If we can do that, along with the ly 60 Senators involved in the entire ing across the aisle. We want to be able 1332 waiver, which I support, this can process on those 4 days. That is pretty to achieve better results for less be a confidence builder. Maybe we can remarkable when you have 60 Sen- money. I applaud Senators ALEXANDER do some other things like the reinsur- ators—more than half of whom are not and MURRAY for their efforts in trying ance ideas we have and others have. If on the committee of jurisdiction—at- to ensure that we begin to do that. there is a better idea than the indi- tending and participating, and that I think my friend from South Dakota vidual mandate, by golly, let’s do that, helped develop what we did. gives much credit to President Obama but we need healthy, young people in The person with the best attendance in his attacking what was originally the exchanges. was Mr. CARPER, the Senator from bipartisan legislation that had been in- My hope is, we can find common Delaware. He is not a member of the troduced here in 1993 by Senator ORRIN ground and make it on a little broader committee, but he came to every one of HATCH, with 22 Republican cosponsors, range of ideas to bring us good the committee meetings, and he often and that later became RomneyCare. healthcare coverage at an affordable stayed for the hearings themselves. I The idea behind their proposal was price and then turn—kind of pivot—to thank him for his active participation. that there ought to be exchanges in the Affordable Care Act itself. As for In boiling it all down, I think what every State and that the people could the stuff in the Affordable Care Act we are trying to say is, there is a lot join if they did not have healthcare that ought to be changed or dropped, we still do not agree on, but we have coverage; No. 2, that there would be a let’s do that. As for the portions of it heard the American people. Healthcare sliding scale tax credit to help buy that ought to be preserved, let’s do is on their minds. They are signing up, down the cost of coverage for people that as well. and those who are in the individual who got their care in the exchanges; Again, I commend my friends for market are getting sticker shock if No. 3, that there would be an individual coming up with this very good step. My they do not have any government sup- mandate that said you don’t have to hope is that we can get a vote for it. port. For the next couple of years, we get coverage but that, if you don’t, you I met with a lot of insurance com- have a plan that will avoid chaos and have to pay a fine; No. 4, that there pany folks earlier today. We do not begin to limit the growth of premiums would be an employer mandate that agree on everything, but one of the and, in 2019, reduce premiums. In addi- said employers of a certain size would things I heard from them is, if we were tion to that, it will give Americans a have to cover their people; No. 5, that to do what Senator ALEXANDER and new plan to buy called the catastrophic insurance companies could not refuse Senator MURRAY have called for with plan, and it will give many States the to cover people with preexisting condi- respect to cost-sharing reductions and opportunity to use some of their own tions. if we were to do some kind of reinsur- ingenuity to create a larger variety of Barack Obama had nothing to do ance plan along the lines of what TIM choices. with that. We continue to hear folks KAINE and I have suggested—but not That is a good set of options with deride the idea of the exchanges and necessarily that—and if we were to do which to respond to the American peo- the five points I just mentioned as something to make it clear that the in- ple who ask: Why don’t the President ObamaCare. He had nothing to do with dividual mandate or some other mech- and the Congress work together to do it. When we marked up the Affordable anism were going to be in place and something about healthcare? It does Care Act, we took, really, those ideas stay in place so we could get young not solve all of the problems, but it is from the 1993 legislation here, with 23 people into the exchanges, if we were a step in the right direction, and it is Republican cosponsors—RomneyCare— to do those three things, they told us, something we can build on. and proposed and implemented it, I we could bring down premiums any- I thank the Senator from Delaware think, in 2006. It worked. When we were where from 30 to 35 percent in the ex- for his contribution, and I thank the marking up the Affordable Care Act, changes. Senator from South Dakota for his. we were actually looking for something Who benefits the most? As it turns I hope, when the President returns that worked in order to give coverage out, it is not just the people who are from Asia, that he will look at the to people in a cost-effective way. getting their coverage in the ex- agreement he asked us to produce, and In 1993, the Republicans used, I think, changes. Who else benefits the most is I hope he will support it. If he does, I what was originally a Heritage idea— Uncle Sam because, if we reduce pre- believe it will be part of the law when Romney in 2006. They had a good idea, miums by 30 to 35 percent, Uncle Sam, we go home for Christmas. and it used market forces. What we which pays all of these tax credits to Thank you. have never done since the Affordable help buy down the cost of coverage in I yield the floor.

VerDate Sep 11 2014 01:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.054 S08NOPT1 S7102 CONGRESSIONAL RECORD — SENATE November 8, 2017 The PRESIDING OFFICER. The Sen- and protect public health. Despite the job interview with EPA, in a sense, and ator from Delaware. fact that Mr. Wehrum was not con- it is not really a job interview with us, Mr. CARPER. Mr. President, my firmed due to his inability to secure but it is a job interview with the Amer- hope is that during President Trump’s the 60 votes needed for cloture on his ican people. In this case, Mr. Wehrum visit to Japan, he asked the leader of nomination, he was able to serve as is essentially applying for the job he Japan why it is that when Japan only Acting Assistant Administrator for already had at EPA, and you would spends 8 percent of its GDP on EPA’s air office for 2 years. think that would be easy, but Mr. healthcare, it gets better results than Since leaving the EPA, Mr. Wehrum Wehrum’s resume shows that a great we do, and it covers everyone. Yet, has returned to industry and served as deal of the work he did in his last job when we spend 18 percent, we don’t an industry lawyer in litigation as Acting Assistant Administrator for cover everybody, and we don’t get bet- against the EPA. Air and Radiation was not up to par. In ter results. That is a good question, Since returning to the private sector, this job, subpar work impacts millions and I hope the President and Prime Mr. Wehrum has reflected on his time of Americans, especially children and Minister Abe got into that. Yet that is spent at EPA. In doing so, he didn’t the most vulnerable among us. something I need to turn away from point to the good work he did at the The next number is 10. Ten is the now. Agency to advance its public health number of additional years that chil- Mr. President, I rise in opposition to mission or the lasting protections he dren were exposed to toxic air emis- the nomination of Bill Wehrum to be put in place that made a difference in sions from powerplants because of EPA’s Assistant Administrator for Air the lives of ordinary citizens; instead, delays Mr. Wehrum helped put into and Radiation. he noted that his tenure at EPA was place while at the EPA. We have seen this movie before, but really good for business, saying: The next number is eight. The num- like many sequels, this one may actu- I’m a much better lawyer now than when I ber eight refers to the number of days ally be worse than the original. My op- first joined the agency. To really get to before Mr. Wehrum’s latest confirma- position to this nominee should not know how the agency works and how it tion hearing when he was in a court- come as a surprise to my colleagues or ticks, I think that is very valuable. I have room arguing against rules that would to Mr. Wehrum because, in 2005, Presi- expanded my capabilities which will hope- protect 2.3 million miners, construc- dent George W. Bush nominated him fully allow me to be effective in generating tion workers, and bricklayers. Accord- business and clients. for the exact same position, Assistant ing to Mr. Wehrum, ‘‘People are de- Administrator for Air and Radiation at In generating business and clients. signed to deal with dust. . . . People the EPA. I opposed his nomination at Sadly, my fears of 2005 were well-found- are in dusty environments all the time that time, as did many of my col- ed, and only one thing has changed— and it doesn’t kill them.’’ leagues, and he was not confirmed. the Senate rule with respect to the The next number is two, which is the Prior to his nomination in 2005, Mr. number of votes we need to consider number of times the DC Circuit Court Wehrum was an industry lawyer and and confirm a nominee. If Mr. Wehrum cited ‘‘Alice In Wonderland’’ in its de- later a political employee at the EPA. is confirmed this week, it will be be- cisions to reject EPA rules that Mr. He served as chief counsel to Jeff cause he is the beneficiary of the Sen- Wehrum helped craft because, in the Holmstead, then the Acting Assistant ate’s elimination of the requirement court’s view, the regulations were Administrator for Air and Radiation, with respect to needing 60 votes to con- based on fantasy rather than following from 2001 through 2005. While serving sider nominees. It will not be because ‘‘the rule of law.’’ at the EPA during this time, Mr. he is better suited for this important The next number is one. One is the Wehrum had a concerning track record job. number of times that language from a of suppressing scientific information I will walk through some telling law firm that represented industry— and the work of the EPA’s career staff, numbers for my colleagues this and also happened to be Mr. Wehrum’s deferring to industry on issues of pub- evening. The first number is 31. That is former employer—made it verbatim lic health, and not responding to my the number of times Mr. Wehrum has into a clean air regulation that Mr. colleagues and to me when we were represented industry against the EPA Wehrum stated he was ‘‘extensively in- then serving on the Environment and in Federal court since 2009. volved’’ in preparing. Public Works Committee. Let me be clear on this. After serving Think about that. President Bush eventually nominated in an unconfirmed capacity at the EPA Zero. Zero is the number of times Mr. Mr. Wehrum to fill Jeff Holmstead’s because he was too far outside the Wehrum advocated in court for strong- seat and to serve in an acting capacity mainstream to be confirmed by this er clean air regulations since leaving as Assistant Administrator for Air and body, Mr. Wehrum then left the Agency the EPA. It is an especially troubling Radiation at the EPA, something Mr. and has spent the years since suing number for those of us living in down- Wehrum would not be able to lawfully that very same Agency and attempting wind States like Delaware. We live at do today. to weaken environmental and public the end of America’s tailpipe, along Behind me, to my left, is an excerpt health protections on behalf of his in- with our neighbors in Maryland, New from an editorial from April 2006. The dustry clients. Many of these lawsuits Jersey, Pennsylvania, New York, and New York Times published an editorial are still ongoing and, in the majority folks all the way up to Maine. Zero is opposing Mr. Wehrum’s nomination of the pending lawsuits, Mr. Wehrum also the number of times Mr. Wehrum that mirrored my concerns at the time: has represented the interests of Big expressed a desire to protect public [The Holmstead era at EPA] will be re- Oil. health when I met with him prior to membered chiefly for its efforts to weaken Look at another poster. The number his confirmation hearing. the Clean Air Act (particularly with respect 27. What does 27 refer to? It refers to Mr. Wehrum sits before us again to rules governing mercury emissions and older power plants), to manipulate science the number of times public health today nominated for the very same po- and to elevate corporate interests above groups prevailed in court when chal- sition he was nominated for 12 years those of the public. Mr. Wehrum, who served lenging Bush-era clean air regulations ago. After reviewing Mr. Wehrum’s as Mr. Holmstead’s deputy and doctrinal hit that Mr. Wehrum helped to craft be- record, talking to him in person, and man, could make things worse. cause they did not follow the law or listening and reading his answers dur- That is a direct quote from this edi- sufficiently protect public health. Fail- ing the hearing process, my position torial. This is the New York Times edi- ing to follow the Clean Air Act meant has not changed since 2005, primarily torial from 2006 opposing Mr. Wehrum’s delays in public health protections and because his views do not appear to have nomination for the very same position uncertainty for businesses across changed. he seeks today. America. Like other EPA nominees, Mr. During the Environment and Public I don’t doubt that Mr. Wehrum is a Wehrum was evasive on many of the Works Committee’s consideration of fine lawyer—so why were so many of questions asked of him, even convinc- Mr. Wehrum’s nomination in 2005, I the rules he helped to write found to be ingly forgetting a case that he worked voted against him because I feared he unlawful? The confirmation process is on against the renewable fuel standard would continue to fail to clean our air essentially a job interview. It is not a in National Chicken Council, et al v.

VerDate Sep 11 2014 01:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.056 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7103 EPA. However, what was clear in the of the Clean Air Act and the Clean Air I suggest the absence of a quorum. answer that he did give, and in his con- Act Amendments of 1990. The PRESIDING OFFICER. The versation with me, is that public When it comes to the rhetoric sur- clerk will call the roll. health simply is not Mr. Wehrum’s rounding air regulations, there is a lot The bill clerk proceeded to call the main concern. of fake news that people like to peddle, roll. In fact, when asked what Clean Air but as the saying goes: Everyone is en- Mr. KENNEDY. Mr. President, I ask Act regulation he does support, he an- titled to his or her own opinions but unanimous consent that the order for swered as follows: not to his or her own facts. the quorum call be rescinded. I represent clients in private practice. It is Here are the facts. Our economy did The PRESIDING OFFICER (Mr. my legal ethical duty to zealously represent not take a slide because of clean air TILLIS). Without objection, it is so or- their interests. protection. Quite the opposite is true. dered. Well, in this job interview with the The Obama administration imple- VETERANS DAY American people to be Assistant Ad- mented the Clean Air Act based on the Mr. KENNEDY. Mr. President, this ministrator for the Office of Air and best science to date. Now our air is Saturday is Veterans Day, a day when Radiation, the American people are his cleaner. We have seen 8 years of eco- we honor the brave women and brave clients, and the fact that he cannot—or nomic growth. men who have served in the defense of has refused to name—a single regula- I will say that again. We have seen 8 this great Nation. We need to take a tion that helps to ensure that they and years of economic growth, the longest moment to reflect on the freedoms that their families have clean air to breathe stretch in our history. Energy prices at we enjoy every day—and sometimes is almost disqualifying in and of itself. the pump and the meter are lower than take for granted—as American citizens, Whether it is carbon, mercury, silica, when President Obama took office— and we need to take that moment to or other toxic air pollution, Mr. lower, not higher. The beauty of our thank those who have devoted their Wehrum continues to show that he clean air laws is that they are not stat- lives to serve and protect the greatest sides with polluters over science and ic. Our clean air protections keep up Nation in human history, the United doctors every time. with the latest oversight science and States of America. Mr. Wehrum’s extreme views will not the latest technology. Mr. President, as you know, our be good for public health, and quite As we learn more about what makes country is home to over 20 million vet- frankly the legal uncertainty that has us sick, about what is impacting our erans, and I have the privilege of rep- resulted from his past work will not be environment, and about what can be resenting more than 250,000 veterans in good for American businesses. Busi- done to clean it up, the EPA has the my State of Louisiana. Today, I would nesses need certainty and predict- authority, under the Clean Air Act, to like to talk about two of those vet- ability, and they don’t get it with the make adjustments to make it better, erans from my State who are illus- kind of work he has done. to ensure that it protects more people, trative of the extraordinary service Let me close by reminding our col- not fewer. That has been the trajectory that all of the veterans in Louisiana leagues that next week we celebrate to date. As technology and science de- have offered their country. the 27th anniversary of the signing of velop, so do our clean air regulations. The two gentlemen I would like to the Clean Air Act Amendments of 1990. That is also the story of our country. talk about, the two brave Americans, Twenty-seven years ago, we weren’t de- Through innovative and creative solu- are Ira Schilling and Earl Louis bating how to weaken or delay our tions, we strive for progress in order to Messmer. clean air laws. Instead, we passed bi- have a better life here at home and to Ira Schilling is from Shreveport. He partisan legislation that would im- lead the world in tackling the environ- enlisted in the U.S. Marines Corps in prove and strengthen our clean air laws mental challenges of our time. Mr. October of 1941, at the age of 16. He was based on the very best science. In the Wehrum’s policies have been tried and 16 years old. After completing his process, we strengthened our economy have been proven not only unsuccessful training, Ira was assigned as a rifleman too. Back then, 89 Senators, including but even dangerous. We don’t need to to L Company, 3rd Battalion, 6th Ma- some who still serve in this Chamber, continue to move backward. We need rines, 2nd Marine Division, and he took voted to approve the Clean Air Act to move forward. part in combat operations on Guadal- Amendments of 1990. As a Congressman Mr. President, I will leave you and canal during the final weeks of that over at the other body at that time, I our colleagues with this. I am sorry to bloody campaign. voted along with them. A Republican say that Mr. Wehrum has worked delib- Ira was discharged from Active Duty President, George Herbert Walker erately to halt that progress, to delay in October 1945. In 1948, Mr. Schilling Bush, signed the bill into law 27 years that progress and to roll back clean air tried to reenlist in the U.S. Marines ago today. It was commonsense legisla- laws that have been protecting Amer- Corps. He was married at the time. The tion, it was bipartisan, and we are all ica and Americans for decades. Unlike Marines Corps turned down his request. better for it. many of the nominees who have come Undaunted, Mr. Schilling just went When the Clean Air Act Amendments before us this year, unfortunately, we over and enlisted in the U.S. Navy, and of 1990 passed Congress, I was a Con- don’t have to speculate about how Mr. he spent another 2 years on Active gressman in the House, and I voted in Wehrum would do in this position. We Duty in defense of this country. Ira is favor of that bill. I was proud of help- have already seen it. We have already now 92 years young, and he lives in ing to pass that monumental law be- seen it, and the results were not good Haughton, LA, and he is a Civil Air Pa- cause I believed then, and I still believe for the rest of us. trol wing chaplain. today, that we can protect our environ- As his clients at this time, we de- Mr. Earl Louis Messmer was born in ment and grow our economy at the serve better representation. Today New Orleans, in the southern part of same time—and we have the job num- Americans deserve leaders at EPA who my State, in 1923. He is very proud— bers to prove it. will be impartial and will look out for and we are all proud of him—for serv- We have had some delays in imple- the interests of all Americans, not just ing in the Battle of Peleliu from Sep- mentation, but, by and large, the law Big Oil and the kind of clients who can tember 15 to November 15, 1944. has been a huge success and has bene- afford Mr. Wehrum’s legal bills. That battle was a fight to capture an fited just about every American. For We have seen this movie before, and airstrip in the Western Pacific Ocean. every dollar we spend in installing new there is no need for a sequel. I regret The United States won. We prevailed pollution controls in cleaning up our having to say that, but I do believe Mr. due to the bravery of the Army’s 81st air, we have seen $30 returned in re- Wehrum is not the right fit for this po- Infantry Division, of which Earl was a duced healthcare costs, better work- sition today, any more than he was a member. place productivity, and saved lives. We dozen years ago. Upon his return from World War II, have a return of $30 for every dollar we I encourage my colleagues to vote no in 1945, Mr. Messmer went to Tulane spend installing new pollution control. on his nomination to serve as EPA’s University. The bottom line is, fewer people are Assistant Administrator for air. Earl has 2 daughters, 5 grand- getting sick and missing work because I yield the floor. children, and 10 great grandchildren,

VerDate Sep 11 2014 01:29 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.058 S08NOPT1 S7104 CONGRESSIONAL RECORD — SENATE November 8, 2017 all of whom are enjoying the freedom in China or anywhere else in the world That strategy has to include lots of of this country for which he fought so that help to prop up the regime of Kim elements, but an indispensable tool is gallantly. Jong Un. The bill is named the Otto putting much greater pressure on Earl has resided in Metairie, LA, Warmbier Banking Restrictions Involv- Pyongyang. since 1942. ing North Korea Act, or the BRINK Despite what many people think, It is imperative, in my judgment, Act, for short. I introduced this bill North Korea is not sanctioned out. It is that this Veterans Day—and every with Senator TOOMEY earlier this year, not as if we already applied and en- day—we honor the service and sac- after North Korea engaged in its forced maximum economic pressure on rifices made by our women and our threatening and provocative missile North Korea. In fact, our existing sanc- men in uniform. That is why I have in- launches. tions regime against North Korea is troduced a bill. It is the 75th Anniver- I want to thank Senator TOOMEY for much weaker than the sanctions re- sary of the End of World War II Com- his partnership in developing the gime we had in place against Iran in memorative Coin Act. I say to the Pre- BRINK Act. I want to thank Mr. the lead-up to the Iran nuclear deal. siding Officer, I hope you will vote for CRAPO, chairman of the Banking Com- That is because the United States and it. This bill would authorize a com- mittee, and Ranking Member BROWN others have not seriously gone after memorative coin to mark the mile- for their leadership in addressing the the foreign banks and firms that sup- stone anniversary and the historic sac- North Korean threat and working to port the North Korean leadership and rifices of what has been aptly termed pass this bill out of the Banking Com- its cronies. ‘‘the Greatest Generation,’’ and this mittee with unanimous support. I want The reality is that North Korea’s bill will cost the American taxpayer to thank all of the members of the economy is not as weak or isolated as zero dollars. Banking Committee for their bipar- many believe. Its annual GDP is esti- Thanks to the selflessness and brav- tisan effort on this matter. mated to be $40 billion, and China ac- ery of 16 million American military I also want to thank the chairman of counts for almost 90 percent of North personnel—brave men and women, the Foreign Relations Committee, Sen- Korea’s trade. The United Nations has brave men like Ira and Earl, of whom I ator CORKER, and the Ranking Member, repeatedly found that North Korea just spoke, many of whom have lost Senator CARDIN, for their bipartisan evades the existing international sanc- their lives in this global conflict in leadership in confronting the threat of tions effort and maintains access to World War II—liberty and democracy North Korea, and also the leadership of the international financial system, pri- ultimately prevailed against the raw- the East Asia Subcommittee of the marily through a comprehensive net- est, ugliest form of tyranny. The least Senate Foreign Relations Committee, work of Chinese-based front companies. we can do, it seems to me, for those headed by Senators GARDNER and MAR- North Korea relies heavily on this net- who fought for our freedom, is to en- KEY. They have been consistent in their work to directly support its weapons of sure that institutions like the National efforts to address the North Korean mass destruction and ballistic missile World War II Museum in New Orleans threat and to seek a peaceful resolu- programs. are able to continue their mission to tion of this crisis. We have no time to waste. We must educate future generations about our Back in August, I had the oppor- sever Kim Jong Un’s economic lifeline. country’s role in World War II and to tunity to visit South Korea, Japan, and That is why Senator TOOMEY and I support the families of our veterans. China, as part of a bipartisan delega- have introduced the BRINK Act and I would like to urge all of my col- tion that was led by Senator MARKEY. why it received such strong support. leagues to please join with me, as I We had the opportunity to travel not The BRINK Act targets this illicit fi- know they will, in thanking the mil- only to the DMZ zone between South nancial network by imposing manda- lions of veterans who have fought and and North Korea but also to visit the tory sanctions on those doing business served our country, and I hope we can city of Dandong, which is a Chinese with North Korea. all pray together for the safety of our city on the border between China and It sends a clear and unequivocal mes- brave women and men in uniform who North Korea, along the Yalu River. sage to foreign banks and foreign are still serving today. That is where a lot of the cross-border firms: You can do business with North Thank you, Mr. President. trade and transactions between North Korea or you can do business with the I suggest the absence of a quorum Korea and China take place. United States, but you cannot do busi- The PRESIDING OFFICER. The The threat posed by North Korea to ness with both. That is the choice we clerk will call the roll. the United States and our allies is very placed before other countries with re- The bill clerk proceeded to call the real. The Chairman of the Joint Chiefs spect to Iran, and it helped to generate roll. of Staff, General Dunford, testified in the pressure to bring Iran to the nego- Mr. VAN HOLLEN. Mr. President, I September that North Korea has the tiating table. ask unanimous consent that the order capability to strike the United States’ If you trade with North Korea, you for the quorum call be rescinded. mainland with an intercontinental bal- will not have any access to the U.S. The PRESIDING OFFICER. Without listic missile. North Korea has ramped markets. This, as I indicated, is the objection, it is so ordered. up the pace of its ballistic missile choice that we ultimately gave to Iran BRINK ACT tests, firing two ballistic missiles over back in 2010, and the BRINK Act is Mr. VAN HOLLEN. Mr. President, as Japan in recent months. In September modeled after the sanctions laws that we all know, President Trump is now North Korea conducted its sixth test of we applied in the case of Iran that in China on an important trip, where a nuclear weapon—the largest yet. brought them ultimately to the negoti- his top priority is obtaining China’s co- The question is this: How do we deal ating table. Our goal is to cut off North operation in confronting North Korea’s with this threat? Korea’s remaining access to the inter- nuclear weapons program. Way back when it came to foreign national financial system, deprive Kim While we should continue to seek policy and national security issues, Jong Un of the resources needed for his China’s cooperation in applying eco- President Teddy Roosevelt counseled regime’s survival, and create the lever- nomic and other pressures on North that we should ‘‘speak softly and carry age necessary for serious negotiations. Korea, we also need to send a very a big stick.’’ President Trump and all Some critics of this approach argue clear and strong message to banks in of us would be wise to heed that advice. that China may lash out at the United China and throughout the world that Bluster and overheated rhetoric not States or respond in kind. The gravity there will be a price to pay for lack of only will not work, but they raise the of the situation compels us to act re- cooperation. risk of miscalculation and war with gardless of Beijing’s reaction in these That is why I am pleased that yester- North Korea. circumstances. Simply asking China day, before President Trump arrived in It is much better to steadily and dra- for its cooperation is not enough. It China, the Senate Banking Committee, matically ratchet up the pressure on has to be backed up by a clear message on a unanimous basis, passed a bill to North Korea to come to the negoti- and law from the United States that impose and enforce mandatory sanc- ating table with the goal of there are severe penalties for those tions against banks and financial firms denuclearizing the Korean Peninsula. who do not cooperate and do not abide

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.059 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7105 by the sanctions. That is what this bill I come to the floor today to urge my There is no rush to confirm Mr. is all about. colleagues to oppose the nomination of Wehrum this week. Better yet, let’s op- It is also important to note that William Wehrum to lead the Office of pose his nomination altogether. when secondary sanctions on Iran were Air and Radiation at the EPA. I am also concerned that he will gut put into place, the Chinese Govern- If confirmed, Mr. Wehrum would be key public health protections that we ment issued a tepid public protest, and responsible for implementing critical all rely on to protect our families and then privately directed its sanctioned programs like the Renewable Fuel the air we breathe. One of the most se- banks to stop working with Iran. In Standard Program and other key pub- rious responsibilities I have, as both a other words, after some quiet protest, lic health standards under the Clean U.S. Senator and a mother, is to pro- they complied with that secondary Air Act. tect children and families from harm- sanctions regime on Iran. Mr. Wehrum is part of a larger trend ful pollutants and to make sure the air Moreover, Beijing claimed just this within President Trump’s administra- they breathe is safe from toxic chemi- September that it is directing its tion. Many of the nominees who are cals. banks to freeze any North Korean ac- being sworn in are unqualified, incom- After reviewing Bill Wehrum’s pre- counts—a directive which, if true, is petent, and have actually built their vious work in the Office of Air and Ra- long overdue. But it will be hard for careers on dismantling the agencies diation, it is clear that he made dis- China to say that we shouldn’t take they are now leading. mantling the Clean Air Act—and all of this action if it is an action they al- To be clear, Mr. Wehrum’s nomina- the air pollution safeguards and public ready said they directed their banks to tion represents yet another broken health protections guaranteed by it— take. This makes it clear that it will promise by President Trump—this one of his top priorities. In that office, be in China’s economic interests to time, to our Nation’s farmers. As a he actively fought to roll back com- fully enforce the sanctions on North candidate, Mr. Trump pledged to cham- monsense safeguards against lead, fine Korea. pion the RFS, a policy with broad bi- particulate pollution, and ozone smog. I am clear-eyed about the challenges partisan support that reduces our But he didn’t stop there. He even led we face in bringing North Korea to the greenhouse gas emissions, helps us re- efforts to weaken standards designed to negotiating table. Previous Democratic vive rural economies, and makes our reduce emissions of mercury—one of and Republican administrations have Nation less dependent on foreign oil. the most deadly, toxic pollutants in failed to end North Korea’s nuclear and Yet the President continues to sur- the world—from coal-fired power- missile programs, and because of this, round himself with advisers intent on plants. Bill Wehrum wasn’t looking out some argue that Kim Jong Un will sabotaging the RFS, like Scott Pruitt, for us; he was looking out for the fossil never give up his nuclear program. Carl Icahn, and, now, Mr. Wehrum. Mr. fuel industry. To those critics, my response is sim- Wehrum has proven, time and again, When Mr. Wehrum was originally ply that we have not exhausted all of that he is not a friend of the Renewable nominated for this position under the our options on North Korea. There is Fuel Standard Program. Bush administration, the Senate had incredible leakage right now in the the good sense to reject his nomina- He sued the biofuels industries—not sanctions regime, and that leakage is tion. He was never confirmed, and I once, not twice, not three times, but at what the BRINK Act is designed to ad- hope we do not confirm him now. least four times—representing groups dress and to close the loopholes and Again, I urge all my colleagues to op- like the American Petroleum Institute put teeth into the sanctions. pose Mr. Wehrum’s nomination and, in- which are strong opponents of the RFS. The choice between accepting a nu- stead, support our farmers, our chil- During his nomination hearings, Mr. clear North Korea or launching some dren, and our families. kind of preventive war is a false one. I Wehrum refused to commit to sup- Thank you. strongly believe that this aggressive porting the RFS, claiming he was ‘‘un- The PRESIDING OFFICER. The Sen- secondary sanctions regime, as part of familiar’’ with the program. He ator from Minnesota. an overall coherent strategy backed by wouldn’t even acknowledge the unprec- Mr. FRANKEN. Thank you, Mr. our allies and the threat of force, is our edented attacks launched on the President. best remaining chance of achieving a biofuel industries by this administra- Like the Senator from Illinois, I rise nuclear-free Korean Peninsula. tion. to voice my opposition to the nomina- Right now, we face no more urgent If you support the RFS, as Illinois tion of Bill Wehrum to serve as the As- task than achieving a peaceful resolu- farmers and I do, it should be obvious sistant Administrator for Air and Radi- tion on the North Korean nuclear cri- that the right thing to do is to oppose ation at the Environmental Protection sis. We need clear thinking. We need Mr. Wehrum. This is not about having Agency. courage. We need common sense on the blanket opposition to President The Office of Air and Radiation over- choices before us. At stake is not just Trump’s nominees; this is about our sees matters that are critical to human the security of those in the region but, national security, our rural commu- and environmental health, specifically, ultimately, of the United States. It is nities, and our environment. air and radiation but also climate incumbent on all of us to ensure that I have already fought a war over oil, change, air quality, and vehicle emis- the pursuit of peace prevails in this ef- and I would rather run my car on sions. fort. American-grown corn and soybeans If confirmed, Mr. Wehrum would be I ask my colleagues in the Senate to than oil from the Middle East. Our responsible for these immensely impor- follow the lead of the Banking Com- farmers deserve better than a Presi- tant issues, which require putting the mittee in giving this a unanimous bi- dent who makes campaign promises to health of our citizens above industry partisan vote in the Senate so we can protect the RFS in Iowa but will not interests. Given this, I don’t know why get this to the House as soon as pos- honor them when he gets to the White the Senate would confirm him for this sible and have it signed into law, so House. position. that when we ask other nations for co- I understand that Administrator Pru- Mr. Wehrum has already served in operation, they know that failing to itt has written a letter to my col- this role in an acting capacity during cooperate with us is not an option, or if leagues on the other side of the aisle the Bush administration. His confirma- they do take that course, they will face regarding a pending petition requesting tion was blocked by the Senate in 2006. severe economic consequences. to move the ‘‘point of obligation’’ and His prior tenure shows that he will not So I hope the Senate will take this a rulemaking on renewable volumetric fulfill the mission of the EPA to pro- up without delay and that we can pass obligations. Both of these decisions, as tect human health and the environ- it and get it to the President’s desk. Administrator Pruitt’s letter states, ment. In fact, he has a record of put- The PRESIDING OFFICER. The Sen- will be final in the coming days. That ting corporate profits before the well- ator from Illinois. is why I am calling on my colleagues to being of citizens. Ms. DUCKWORTH. Mr. President, I simply hold Mr. Wehrum’s nomination During his tenure in the Bush admin- thank my colleague from Maryland for until after EPA finalizes these deci- istration, Mr. Wehrum rolled back his thoughtful words on North Korea. sions. clean air safeguards that protect public

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.061 S08NOPT1 S7106 CONGRESSIONAL RECORD — SENATE November 8, 2017 health on 27 occasions. His actions At the Office of Air and Radiation, Mr. The senior assistant legislative clerk were challenged in court for not ful- Wehrum would oversee the repeal of read the nominations of Melissa Sue filling the requirements of the Clean standards that reduce greenhouse gas Glynn, of the District of Columbia, to Air Act, and 27 times the court ruled emissions from the power sector, the be an Assistant Secretary of Veterans against Mr. Wehrum. Clean Power Plan. He would also be in Affairs (Enterprise Integration); Cheryl One particular issue that he was in- charge of crafting a weaker replace- L. Mason, of Virginia, to be Chairman volved in was mercury pollution. Under ment, if any. of the Board of Veterans’ Appeals for a the Clean Air Act, the EPA has to re- Let me be clear. A weak standard is term of six years; and Randy Reeves, of duce hazardous air pollutants like mer- an affront to the public health and Mississippi, to be Under Secretary of cury, which is particularly harmful to safety of future generations. Veterans Affairs for Memorial Affairs. children. Instead of protecting this To overcome the challenge of climate Thereupon, the Senate proceeded to population from mercury pollution, a change, we must transform our econ- consider the nominations en bloc. neurotoxin, Mr. Wehrum decided to ad- omy to dramatically reduce green- Mr. MCCONNELL. Mr. President, I vance the interests of polluters. house gas emissions. If we don’t, Amer- ask unanimous consent that the Sen- During his tenure, Mr. Wehrum also icans and future generations will pay ate vote on the nominations en bloc led efforts to prevent EPA from ad- an unacceptable price. But rather than with no intervening action or debate; dressing climate pollution. Fortu- driving innovation and pushing us to that if confirmed, the motions to re- nately, the Supreme Court eventually overcome this challenge, the adminis- consider be considered made and laid ruled in favor of regulating greenhouse tration has ordered a retreat. You can upon the table en bloc; that the Presi- gases, forcing the Agency to take ac- see that retreat everywhere, in a budg- dent be immediately notified of the tion. et that would gut funding for science Senate’s action; that no further mo- After the Senate blocked his nomina- and innovation, in an EPA that values tions be in order; and that any state- tion in 2006, Mr. Wehrum decided he industry profits over the welfare of the ments relating to the nominations be would undermine the mission of the public. printed in the RECORD. Agency on behalf of polluters. In his The 23rd annual United Nations cli- The PRESIDING OFFICER. Without current role as a corporate attorney, mate change conference is taking place objection, it is so ordered. he has sued the EPA multiple times on right now in Bonn, Germany. Two The question is, Will the Senate ad- behalf of clients in the oil, gas, coal, years ago, 195 nations came together to vise and consent to the Glynn, Mason, and chemical industries to undermine sign the Paris climate agreement in a and Reeves nominations en bloc? protections that safeguard public historic display of the power of collec- The nominations were confirmed en health and the environment. He has tive human will, and they did it be- bloc. used his current position to attack the cause of U.S. leadership. f renewable fuel standard, which re- Now contrast that to earlier this quires biofuels to be blended with gaso- year, when President Trump ordered LEGISLATIVE SESSION line—something the big oil companies the United States to retreat. He an- hate because it means serious competi- nounced that he was pulling us out of MORNING BUSINESS tion for dirty oil. So as an attorney for the Paris climate agreement. the American Petroleum Institute—the Yesterday, Syria announced that it Mr. MCCONNELL. Mr. President, I trade association that represents would ratify the agreement. They were ask unanimous consent that the Sen- ExxonMobil, BP, and a number of other the last remaining nation to not be a ate proceed to legislative session for a oil and gas giants—Mr. Wehrum sued part of this agreement. We now stand period of morning business, with Sen- the EPA at least four times in an effort alone as the only country in the world ators permitted to speak therein for up to weaken the RFS, the renewable fuel choosing not to be part of the global ef- to 10 minutes each. standard. This is deeply troubling, con- fort to combat climate change. The PRESIDING OFFICER. Without sidering that if he gets this job, he will Let’s be clear. The President has not objection, it is so ordered. be in charge of administering the RFS, only ceded leadership, but he has iso- f which will allow him to implement his lated the United States from the global VETERANS DAY clear agenda. He has done nothing to community. He has put us in this dan- lead us to believe he would do anything gerous situation simply to protect Mr. HATCH. Mr. President, as we but side with the giant oil companies. short-term profits of the fossil fuel in- prepare to commemorate Veterans Day The facts are clear. The RFS boosts dustry. this weekend, I would like to offer my energy security, it creates rural jobs, Mr. Wehrum would exacerbate this sincere appreciation to the dedicated and it is better for the environment administration’s wrong-headed ap- veterans who have served our country than oil. You are never going to see an proach. He is anti-science, anti-public so bravely over the years. Only in a ethanol spill in the Gulf of Mexico. health, anti-environment. That is why great country such as ours do we have Colleagues on both sides of the aisle the Senate blocked his nomination in so many willing and able citizens who agree that despite this bipartisan sup- 2006. The Senate recognized then that volunteer for duty. These selfless indi- port, EPA Administrator Scott Pruitt he wasn’t fit for the job. He is even less viduals understand the importance of has reduced advanced biofuel blending fit today. protecting our country and are willing targets for 2018. Now, with Mr. I oppose his nomination, and I urge to give their lives to do it. Wehrum’s nomination, I have even less my colleagues to do the same. Many of these brave men and women confidence in this administration up- Thank you. make the ultimate sacrifice, such as holding Congress’s intent on the RFS. I yield the floor. my own brother, Jesse Morlan Hatch He also has a history of willful igno- The PRESIDING OFFICER. The ma- who was killed in World War II. SSG rance of science. When asked whether jority leader. Aaron Butler of Utah also comes to he believes that greenhouse gas emis- f mind. Staff Sergeant Butler was trag- sions from human activities are the ically killed in the line of duty last main drivers of climate change, Mr. EXECUTIVE CALENDAR summer while serving in Afghanistan. Wehrum stated that he believes it is an Mr. MCCONNELL. Mr. President, I The valor of patriots like Jesse and open question—an answer that runs ask unanimous consent that the Sen- Aaron is indicative of all men and contrary to the conclusion of 97 per- ate proceed to the en bloc consider- women who volunteer to serve in our cent of climate scientists and runs ation of the following nominations: Ex- Armed Forces. I have always had a counter to the ‘‘National Climate As- ecutive Calendar Nos. 400, 401, and 402. deep-rooted respect for America’s sessment’’ that was released by this ad- The PRESIDING OFFICER. Is there servicemembers and her veterans. ministration just last week. objection? On behalf of the State of Utah, I Emissions from fossil fuel-fired pow- Without objection, it is so ordered. would also like to express our humble erplants are some of the main contrib- The clerk will report the nomina- gratitude for our Nation’s veterans and utors to climate change. We know this. tions en bloc. active servicemembers. Throughout

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.062 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7107 this weekend, Utah will host a variety ADDITIONAL STATEMENTS gratitude to veterans like Gary who of ceremonies, all dedicated to cele- have fought for the cause of freedom, brating our veterans. The town of putting their country and devotion to Magna will be hosting its annual Vet- RECOGNIZING THE UNION LEAGUE duty first.∑ CLUB OF CHICAGO erans Day parade; the town of Howell f will be naming its community center ∑ Ms. DUCKWORTH. Mr. President, MESSAGES FROM THE HOUSE after SGT Rocky D. Payne, who was today I wish to celebrate the Union killed in Iraq in 2005; and the students League Club of Chicago ULCC, and At 11:15 a.m., a message from the of Granite Park Junior High School their Salute to Vietnam Veterans House of Representatives, delivered by will be hosting a special Veterans Day event. Mrs. Cole one of its reading clerks, an- assembly. With events being held all As a Nation, we must do everything nounced that the House has passed the across our State, it is clear to see that we can to uphold our commitment to following bills, in which it requests the Utahns hold our Nation’s veterans in those who have worn the uniform of concurrence of the Senate: the highest esteem. I am honored to this great Nation and to their families H.R. 918. An act to amend title 38, United represent a State that honors our vet- who have made significant sacrifices States Code, to direct the Secretary of Vet- erans. on our behalf. On Veterans Day we erans Affairs to furnish mental health care I would also like to personally ac- honor the service of our Nation’s he- to certain former members of the Armed Forces who are not otherwise eligible to re- knowledge the city of Layton, which roes and reflect on the debt that we ceive such care, and for other purposes. will be hosting a grand Veterans Day each owe to those who have served this H.R. 1133. An act to amend the Veterans parade to be followed by the great Nation. Access, Choice, and Accountability Act of groundbreaking ceremony of a new Founded during the Civil War, ULCC 2014 to authorize the Secretary of Veterans Vietnam War memorial wall. I could has been a leader in providing support Affairs to provide for an operation on a live not even begin to describe the endeavor for servicemembers and veterans for donor for purposes of conducting a trans- that Mayor Bob Stevenson, the city of over 138 years. ULCC, an official DoD plant procedure for a veteran, and for other Commemorative Partner, operates its purposes. Layton, the Utah State Legislature, H.R. 1900. An act to designate the Veterans and so many others have undertaken to own American Legion Posts and col- Memorial and Museum in Columbus, Ohio, as bring this wonderful memorial to Utah. laborates with partner groups that pro- the National Veterans Memorial and Mu- I am grateful for their leadership, and vide support to Active-Duty military seum, and for other purposes. I am delighted to see this memorial be- personnel. ULCC recognizes that, while H.R. 2123. An act to amend title 38, United come a reality. servicemembers may come from dif- States Code, to improve the ability of health I will close today by saying this: To ferent backgrounds and different care professionals to treat veterans through all veterans and your families, thank branches, they all hold the same sense the use of telemedicine, and for other pur- poses. you. Thank you for your sacrifice, for of duty and commitment and deserve H.R. 2148. An act to amend the Federal De- your commitment, and for your dedica- our full support. posit Insurance Act to clarify capital re- tion to this Nation and its citizens. As the daughter of a U.S. marine who quirements for certain acquisition, develop- Most of all, thank you for your patriot- fought in Vietnam, our Vietnam vet- ment, or construction loans. ism and faith in America. To our Na- erans hold a special place in my heart. H.R. 2601. An act to amend the Veterans tion’s veterans we owe a debt of grati- I often say that we must always love Access, Choice, and Accountability Act of tude that can never be fully repaid. the warrior regardless of our feelings 2014 to improve the access of veterans to organ transplants, and for other purposes. (At the request of Mr. SCHUMER, the about the war. Let us recommit our ob- H.R. 3441. An act to clarify the treatment following statement was ordered to be ligation to Vietnam veterans by ensur- of two or more employers as joint employers printed in the RECORD.) ing that they have the healthcare, dis- under the National Labor Relations Act and ability support, retirement benefits, the Fair Labor Standards Act of 1938. f and any other resources they have H.R. 3634. An act to amend title 38, United earned. States Code, to ensure that individuals may VOTE EXPLANATION To all of my fellow veterans, to those access documentation verifying the monthly still serving, and to all the families housing stipend paid to the individual under ∑ Mr. MENENDEZ. Mr. President, I the Post–9/11 Educational Assistance Pro- that have sacrificed, thank you from was unavailable for rollcall vote No. gram of the Department of Veterans Affairs. 266, on the nomination of Peter B. the bottom of my heart for your honor- H.R. 3897. An act to amend title 10, United Robb, of Vermont, to be general coun- able service. States Code, to provide for the issuance of Thank you.∑ sel of the National Labor Relations the Gold Star Installation Access Card to the f surviving spouse, dependent children, and Board. Had I been present, I would have other next of kin of a member of the Armed voted nay. REMEMBERING GARY SMILEDGE Forces who dies while serving on certain ac- Mr. President, I was unavailable for ∑ Ms. HASSAN. Mr. President, it is tive or reserve duty, to ensure that a remar- rollcall vote No. 267, on the motion to with great sadness today that I recog- ried surviving spouse with dependent chil- invoke cloture on William L. Wehrum, nize the life and passing of Gary Wayne dren of the deceased member remains eligi- ble for installation benefits to which the sur- of Delaware, to be an Assistant Admin- Smiledge, 72, of Gonic, NH. istrator of the Environmental Protec- viving spouse was previously eligible, and for Mr. Smiledge served bravely in the other purposes. tion Agency. Had I been present, I U.S. Army during the Korean war. As a ∑ H.R. 3911. An act to amend the Securities would have voted nay. member of the 2nd Infantry Division, Exchange Act of 1934 with respect to risk- stationed at Camp Casey south of the based examinations of Nationally Recog- f DMZ, Mr. Smiledge protected orphan- nized Statistical Rating Organizations. ages after serving on the frontlines. H.R. 3949. An act to amend title 38, United VOTE EXPLANATION When Mr. Smiledge returned to New States Code, to provide for the designation of ∑ State approving agencies for multi-State ap- Mr. TESTER. Mr. President, I was Hampshire, his service to his fellow prenticeship programs for purposes of the necessarily absent due to a family fu- veterans continued. In addition to educational assistance programs of the De- neral for the votes on confirmation of being a member of the American Le- partment of Veterans Affairs. Executive Calendar No. 384 and the mo- gion Post No. 7 of Rochester, he was ENROLLED BILL SIGNED tion to invoke cloture on Executive also heavily involved with the New At 12:43 p.m., a message from the Calendar No. 407. Hampshire Amputee Group, where he House of Representatives, delivered by On vote No. 266, had I been present, I worked with other veterans who lost Mrs. Cole, one of its reading clerks, an- would have voted nay on the confirma- limbs during the course of their serv- nounced that the Speaker has signed tion of Executive Calendar No. 384. ice. the following enrolled bill: On vote No. 267, had I been present, I Mr. Smiledge was a beloved member H.R. 3031. An act to amend title 5, United would have voted nay on the motion to of his community, and he will be States Code, to provide for flexibility in invoke cloture on Executive Calendar missed dearly. I join all Granite making withdrawals from a Thrift Savings No. 407.∑ Staters in expressing our profound Plan account, and for other purposes.

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.024 S08NOPT1 S7108 CONGRESSIONAL RECORD — SENATE November 8, 2017 The enrolled bill was subsequently against Bank of Dandong as a Financial In- Health and Human Services, transmitting, signed by the President pro tempore stitution of Primary Money Laundering Con- pursuant to law, a report relative to a va- (Mr. HATCH). cern’’ (RIN1506–AB38) received in the Office cancy in the position of Director, Indian of the President of the Senate on November Health Service, Department of Health and f 7, 2017; to the Committee on Banking, Hous- Human Services, received in the Office of the MEASURES REFERRED ing, and Urban Affairs. President of the Senate on November 7, 2017; EC–3405. A communication from the Dep- to the Committee on Indian Affairs. The following bills were read the first uty Administrator, Transportation Security EC–3414. A communication from the Solic- and the second times by unanimous Administration, Department of Homeland itor General, Department of Justice, trans- consent, and referred as indicated: Security, transmitting, pursuant to law, a mitting, pursuant to law, an opinion of the H.R. 918. An act to amend title 38, United report relative to the Administration’s deci- United States District Court for the District States Code, to direct the Secretary of Vet- sion to enter into a contract with a private of Columbia (United States v. James Marvin erans Affairs to furnish mental health care security screening company to provide Reed); to the Committee on the Judiciary. to certain former members of the Armed screening services at Atlantic City Inter- EC–3415. A communication from the Chair- Forces who are not otherwise eligible to re- national Airport (ACY); to the Committee on man, Board of Trustees, and the President, ceive such care, and for other purposes; to Commerce, Science, and Transportation. John F. Kennedy Center for the Performing the Committee on Veterans’ Affairs. EC–3406. A communication from the In- Arts, transmitting, pursuant to law, a report H.R. 1133. An act to amend the Veterans spector General, Department of Health and relative to the Center’s consolidated finan- Access, Choice, and Accountability Act of Human Services, transmitting, pursuant to cial statements, supplemental schedules of 2014 to authorize the Secretary of Veterans law, a report entitled ‘‘CMS Ensured Nearly operations, and independent auditor’s report Affairs to provide for an operation on a live All Part D Drug Records Contained Valid for years ended October 2, 2016, and Sep- donor for purposes of conducting a trans- Prescriber Identifiers in 2016’’; to the Com- tember 27, 2015, and a report relative to the plant procedure for a veteran, and for other mittee on Finance. Center’s schedule of expenditures of federal EC–3407. A communication from the Senior purposes; to the Committee on Veterans’ Af- awards and independent auditor’s reports for Procurement Executive, Office of Acquisi- fairs. the year ended October 2, 2016; to the Com- H.R. 1900. An act to designate the Veterans tion Policy, General Services Administra- mittee on Rules and Administration. Memorial and Museum in Columbus, Ohio, as tion, transmitting, pursuant to law, the re- EC–3416. A communication from the Office the National Veterans Memorial and Mu- port of a rule entitled ‘‘Federal Acquisition Program Manager, Office of Regulation Pol- seum, and for other purposes; to the Com- Regulation; Federal Acquisition Circular icy and Management, Department of Vet- mittee on Energy and Natural Resources. 2005–96; Small Entity Compliance Guide’’ erans Affairs, transmitting, pursuant to law, H.R. 2123. An act to amend title 38, United (FAC 2005–96) received in the Office of the the report of a rule entitled ‘‘Extension of States Code, to improve the ability of health President of the Senate on November 7, 2017; the Presumptive Period for Compensation care professionals to treat veterans through to the Committee on Homeland Security and for Gulf War Veterans’’ (RIN2900–AP84) re- the use of telemedicine, and for other pur- Governmental Affairs. ceived in the Office of the President of the EC–3408. A communication from the Senior poses; to the Committee on Veterans’ Af- Senate on November 7, 2017; to the Com- Procurement Executive, Office of Acquisi- fairs. mittee on Veterans’ Affairs. tion Policy, General Services Administra- H.R. 2148. An act to amend the Federal De- EC–3417. A communication from the Assist- tion, transmitting, pursuant to law, the re- posit Insurance Act to clarify capital re- ant Attorney General, Office of Legislative port of a rule entitled ‘‘Federal Acquisition quirements for certain acquisition, develop- Affairs, Department of Justice, transmit- Regulation; Removal of Fair Pay and Safe ment, or construction loans; to the Com- ting, pursuant to law, a report entitled ‘‘Uni- Workplaces Rule’’ ((RIN9000–AN52) (FAC mittee on Banking, Housing, and Urban Af- formed Services Employment and Reemploy- 2005–96)) received in the Office of the Presi- fairs. ment Rights Act of 1994 (USERRA) Quarterly dent of the Senate on November 7, 2017; to H.R. 2601. An act to amend the Veterans Report to Congress; Fourth Quarter of Fiscal the Committee on Homeland Security and Access, Choice, and Accountability Act of Year 2017’’; to the Committee on Veterans’ Governmental Affairs. Affairs. 2014 to improve the access of veterans to EC–3409. A communication from the Senior organ transplants, and for other purposes; to Procurement Executive, Office of Acquisi- f the Committee on Veterans’ Affairs. tion Policy, General Services Administra- PETITIONS AND MEMORIALS H.R. 3634. An act to amend title 38, United tion, transmitting, pursuant to law, the re- States Code, to ensure that individuals may port of a rule entitled ‘‘Federal Acquisition The following petitions and memo- access documentation verifying the monthly Regulation; Federal Acquisition Circular rials were laid before the Senate and housing stipend paid to the individual under 2005–96; Introduction’’ (FAC 2005–96) received were referred or ordered to lie on the the Post-9/11 Educational Assistance Pro- in the Office of the President of the Senate table as indicated: gram of the Department of Veterans Affairs; on November 7, 2017; to the Committee on POM–134. A concurrent resolution adopted to the Committee on Veterans’ Affairs. Homeland Security and Governmental Af- H.R. 3897. An act to amend title 10, United by the House of Representatives of the State fairs. of Michigan urging the United States Con- States Code, to provide for the issuance of EC–3410. A communication from the Ad- the Gold Star Installation Access Card to the gress to properly fund the Department of ministrator, Federal Emergency Manage- Veterans Affairs Board of Veterans’ Appeals surviving spouse, dependent children, and ment Agency, Department of Homeland Se- other next of kin of a member of the Armed and to urge the Board to streamline its proc- curity, transmitting, pursuant to law, a re- ess so that appeals are decided in a more Forces who dies while serving on certain ac- port relative to the cost of response and re- tive or reserve duty, to ensure that a remar- timely manner; to the Committee on Appro- covery efforts for FEMA–3385-EM in the priations. ried surviving spouse with dependent chil- State of Florida having exceeded the $5 dren of the deceased member remains eligi- ,000,000 limit for a single emergency declara- HOUSE CONCURRENT RESOLUTION NO. 3 ble for installation benefits to which the sur- tion; to the Committee on Homeland Secu- Whereas, Military veterans have a number viving spouse was previously eligible, and for rity and Governmental Affairs. of benefits available to them when honorably other purposes; to the Committee on Armed EC–3411. A communication from the Ad- discharged from service. However, to receive Services. ministrator, Federal Emergency Manage- disability benefits, veterans must apply and H.R. 3911. An act to amend the Securities ment Agency, Department of Homeland Se- be approved by agents at local veterans af- Exchange Act of 1934 with respect to risk- curity, transmitting, pursuant to law, a re- fairs offices. If denied, the veteran has a based examinations of Nationally Recog- port relative to the cost of response and re- right to appeal to the federal Board of Vet- nized Statistical Rating Organizations; to covery efforts for FEMA–3384-EM in the erans’ Appeals; and the Committee on Banking, Housing, and Commonwealth of Puerto Rico having ex- Whereas, As of July 2016, more than 81,000 Urban Affairs. ceeded the $5,000,000 limit for a single emer- cases were pending before the Board of Vet- f gency declaration; to the Committee on erans’ Appeals, and veterans are waiting an Homeland Security and Governmental Af- average of five years for cases to be deter- EXECUTIVE AND OTHER fairs. mined. The wait time for a case to be re- COMMUNICATIONS EC–3412. A communication from the Acting solved is unacceptable to the men and The following communications were Assistant Administrator, Environmental women who have served our country, and ac- laid before the Senate, together with Protection Agency, transmitting, pursuant tion must be taken to ensure that they are to law, the Agency’s fiscal year 2016 Federal able to access the benefits they have earned; accompanying papers, reports, and doc- Activities Inventory Reform (FAIR) Act sub- and uments, and were referred as indicated: mission of its commercial and inherently Whereas, Additional funding and staff are EC–3404. A communication from the Acting governmental activities; to the Committee necessary to properly address the backlog, as Director, Financial Crimes Enforcement on Homeland Security and Governmental Af- well as the estimated 57,000 new complaints Network, Department of the Treasury, trans- fairs. received in 2016. Streamlining the complex mitting, pursuant to law, the report of a rule EC–3413. A communication from the Execu- appeals process is also required. Increased entitled ‘‘Imposition of Special Measure tive Analyst (Political), Department of funding for the board was included in H.R.

VerDate Sep 11 2014 03:07 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.004 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7109 2577 of 2015. However, the bill did not pass REPORTS OF COMMITTEES S. 2095. A bill to regulate assault weapons, the U.S. Senate before the congressional ses- to ensure that the right to keep and bear sion ended. Legislation is pending in the The following reports of committees arms is not unlimited, and for other pur- 115th Congress (H.R. 457) to require changes were submitted: poses; to the Committee on the Judiciary. to the appeals process to address the backlog By Mr. JOHNSON, from the Committee on By Mr. FLAKE (for himself and Mrs. of appeals; Now, therefore, be it Homeland Security and Governmental Af- SHAHEEN): Resolved by the House of Representatives (The fairs, with an amendment: S. 2096. A bill to amend the Federal Crop Senate Concurring), That we urge the Con- S. 873. A bill to amend section 8433 of title Insurance Act to prohibit payments of pre- gress of the United States to properly fund 5, United States Code, to provide for flexi- mium subsidy for harvest price policies; to the Department of Veterans Affairs Board of bility in making withdrawals from the Thrift the Committee on Agriculture, Nutrition, Veterans’ Appeals and to urge the Board to Savings Fund (Rept. No. 115–183). and Forestry. streamline its process so that appeals are de- By Mr. JOHNSON, from the Committee on By Mr. TESTER (for himself, Mr. cided in a more timely manner, and be it fur- Homeland Security and Governmental Af- HELLER, and Ms. BALDWIN): ther fairs, without amendment: S. 2097. A bill to amend title 38, United H.R. 195. A bill to amend title 44, United Resolved, That copies of this resolution be States Code, to improve the administration transmitted to the President of the United States Code, to restrict the distribution of of State homes furnishing care to veterans States Senate, the Speaker of the United free printed copies of the Federal Register to under the laws administered by the Sec- States House of Representatives, the mem- Members of Congress and other officers and retary of Veterans Affairs, and for other pur- bers of the Michigan congressional delega- employees of the United States, and for poses; to the Committee on Veterans’ Af- tion, and the chairman of the Board of Vet- other purposes (Rept. No. 115–184). fairs. erans’ Appeals. f By Mr. CORNYN (for himself, Mrs. FEINSTEIN, Mr. BURR, Mr. PETERS, EXECUTIVE REPORTS OF Mr. RUBIO, Ms. KLOBUCHAR, Mr. POM–135. A concurrent resolution adopted COMMITTEE SCOTT, Mr. BARRASSO, Mr. MANCHIN, by the House of Representatives of the State The following executive reports of and Mr. LANKFORD): of Michigan memorializing the United States S. 2098. A bill to modernize and strengthen Congress to award a posthumous Medal of nominations were submitted: the Committee on Foreign Investment in the Honor to Sergeant Thomas Henry Sheppard By Mr. THUNE for the Committee on Com- United States to more effectively guard for his actions during the Civil War; to the merce, Science, and Transportation. against the risk to the national security of Committee on Armed Services. *James Bridenstine, of Oklahoma, to be the United States posed by certain types of HOUSE CONCURRENT RESOLUTION NO. 14 Administrator of the National Aeronautics foreign investment, and for other purposes; and Space Administration. to the Committee on Banking, Housing, and Whereas, A most remarkable—and long *Bruce Landsberg, of South Carolina, to be Urban Affairs. overlooked—sustained act of patriotism and a Member of the National Transportation By Mr. ROBERTS (for himself and Ms. honor in U.S. military history is credited to Safety Board for a term expiring December STABENOW): Sgt. Thomas Henry Sheppard of Michigan’s 31, 2022. S. 2099. A bill to provide for the manage- Almont, Marlette, and Imlay City area, dur- *Dana Baiocco, of Ohio, to be a Commis- ment by the Secretary of Agriculture of cer- ing his service as flag bearer for Company E, sioner of the Consumer Product Safety Com- tain Federal land, and for other purposes; to First Michigan Cavalry, in the Civil War; mission for a term of seven years from Octo- the Committee on Agriculture, Nutrition, and ber 27, 2017. and Forestry. Whereas, These actions include riding with *Raymond Martinez, of New Jersey, to be By Mr. SCHATZ (for himself, Mr. DUR- his oversize personal flag in multiple engage- Administrator of the Federal Motor Carrier BIN, Mr. MARKEY, Mr. WHITEHOUSE, ments with Confederate troops in Stonewall Safety Administration. Mr. REED, Mr. BROWN, Mrs. GILLI- Jackson’s Shenandoah Valley Campaign of *Diana Furchtgott-Roth, of Maryland, to BRAND, Ms. WARREN, Ms. HIRONO, Mr. 1862 and in the Battle of Gettysburg of 1863; be an Assistant Secretary of Transportation. BLUMENTHAL, Mrs. FEINSTEIN, and and *Nazakhtar Nikakhtar, of Maryland, to be Mr. FRANKEN): Whereas, These actions also include secret- an Assistant Secretary of Commerce. S. 2100. A bill to prohibit the sale or dis- ing his flag on his person after being wound- *Neil Jacobs, of North Carolina, to be an tribution of tobacco products to individuals ed in the Battle of Gettysburg, subsequently Assistant Secretary of Commerce. under the age of 21; to the Committee on keeping his flag safely hidden by wrapping it *Leon A. Westmoreland, of Georgia, to be a Commerce, Science, and Transportation. around his body during 505 days as a prisoner Director of the Amtrak Board of Directors By Mr. DONNELLY (for himself and of war in Andersonville and other Confed- for a term of five years. Mr. YOUNG): erate camps, all the while risking severe *Nomination was reported with rec- S. 2101. A bill to award a Congressional punishment or even execution; and ommendation that it be confirmed sub- Gold Medal, collectively, to the crew of the Whereas, Sgt. Sheppard and his flag re- ject to the nominee’s commitment to U.S.S. Indianapolis, in recognition of their ceived wide recognition at multiple Civil respond to requests to appear and tes- perseverance, bravery, and service to the United States; to the Committee on Bank- War reunions and other events, as reported tify before any duly constituted com- in newspaper accounts in the late 19th cen- ing, Housing, and Urban Affairs. tury; and mittee of the Senate. By Mr. KING (for himself and Ms. COL- Whereas, The Sheppard flag, punctured by f LINS): 72 bullet holes, has been authenticated as S. 2102. A bill to clarify the boundary of INTRODUCTION OF BILLS AND Acadia National Park, and for other pur- genuine after having been restored and pre- JOINT RESOLUTIONS served for permanent display at the Dear- poses; to the Committee on Energy and Nat- born Historical Museum; and The following bills and joint resolu- ural Resources. Whereas, Sgt Sheppard never received offi- tions were introduced, read the first By Ms. HIRONO (for herself and Mrs. cial recognition for his sustained act of pa- and second times by unanimous con- CAPITO): triotism and honor; Now, therefore, be it S. 2103. A bill to amend title XVIII of the sent, and referred as indicated: Social Security Act to provide information Resolved by the House of Representatives (the By Mr. FLAKE (for himself, Mr. HEIN- regarding vaccines for seniors as part of the Senate Concurring), That we memorialize the RICH, and Mrs. SHAHEEN): Medicare & You handbook and to ensure that Congress of the United States to award a S. 2094. A bill to require the prompt report- the treatment of cost sharing for vaccines posthumous Medal of Honor to Sergeant ing for national instant criminal background under Medicare part D is consistent with the Thomas Henry Sheppard for his actions dur- check system purposes of members of the treatment of vaccines under Medicare part ing the Civil War; and be it further Armed Forces convicted of domestic violence B, and for other purposes; to the Committee Resolved, That copies of this resolution be offenses under the Uniform Code of Military on Finance. transmitted to the President of the United Justice, and for other purposes; to the Com- By Ms. HARRIS (for herself and Mrs. States Senate, the Speaker of the United mittee on Armed Services. FEINSTEIN): States House of Representatives, and the By Mrs. FEINSTEIN (for herself, Mr. S. 2104. A bill to amend the Internal Rev- members of the Michigan congressional dele- BLUMENTHAL, Mr. MURPHY, Mr. SCHU- enue Code of 1986 to exclude from gross in- gation. MER, Mr. DURBIN, Mrs. MURRAY, Mr. come earthquake loss mitigation received REED, Mr. CARPER, Mr. MENENDEZ, under State-based earthquake loss mitiga- POM–136. A resolution adopted by the Mr. CARDIN, Ms. KLOBUCHAR, Mr. tion programs; to the Committee on Fi- Common Council of the City of Syracuse, WHITEHOUSE, Mrs. GILLIBRAND, Mr. nance. New York urging the United States Congress FRANKEN, Mr. SCHATZ, Ms. HIRONO, By Mr. BOOZMAN (for himself and Mr. to take the necessary actions to ensure that Ms. WARREN, Mr. MARKEY, Mr. BOOK- DONNELLY): the State and Local Tax (SALT) Deduction ER, Mr. VAN HOLLEN, Ms. DUCKWORTH, S. 2105. A bill to modify the presumption of remains a part of the Federal Tax Code; to Ms. HARRIS, Mr. CASEY, and Mr. service connection for veterans who were ex- the Committee on Finance. SANDERS): posed to herbicide agents while serving in

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.009 S08NOPT1 S7110 CONGRESSIONAL RECORD — SENATE November 8, 2017 the Armed Forces in Thailand during the S. 1188 vania (Mr. CASEY) was added as a co- Vietnam era, and for other purposes; to the At the request of Ms. COLLINS, the sponsor of S. 1742, a bill to amend title Committee on Veterans’ Affairs. name of the Senator from Nevada (Ms. XVIII of the Social Security Act to By Ms. KLOBUCHAR (for herself, Mrs. CORTEZ MASTO) was added as a cospon- provide for an option for any citizen or FEINSTEIN, Mrs. GILLIBRAND, Mr. sor of S. 1188, a bill to amend title MARKEY, and Ms. HASSAN): permanent resident of the United S. 2106. A bill to require States to auto- XXIX of the Public Health Service Act States age 55 to 64 to buy into Medi- matically register eligible voters at the time to reauthorize the program under such care. they turn 18 to vote in Federal elections, and title relating to lifespan respite care. S. 1838 for other purposes; to the Committee on S. 1276 At the request of Ms. WARREN, the Rules and Administration. At the request of Mrs. FEINSTEIN, the name of the Senator from Michigan f name of the Senator from Virginia (Mr. (Mr. PETERS) was added as a cosponsor SUBMISSION OF CONCURRENT AND KAINE) was added as a cosponsor of S. of S. 1838, a bill to repeal the authority SENATE RESOLUTIONS 1276, a bill to require the Attorney under the National Labor Relations General to make a determination as to Act for States to enact laws prohib- The following concurrent resolutions whether cannabidiol should be a con- iting agreements requiring member- and Senate resolutions were read, and trolled substance and listed in a sched- ship in a labor organization as a condi- referred (or acted upon), as indicated: ule under the Controlled Substances tion of employment, and for other pur- By Mr. NELSON (for himself and Mr. Act and to expand research on the po- poses. UBIO R ): tential medical benefits of cannabidiol S. 1916 S. Res. 324. A resolution designating No- and other marihuana components. At the request of Mrs. FEINSTEIN, the vember 9, 2017, as ‘‘National Diabetes Heart Health Awareness Day’’, coinciding with S. 1344 name of the Senator from Michigan American Diabetes Month; considered and At the request of Mr. BLUNT, the (Mr. PETERS) was added as a cosponsor agreed to. name of the Senator from Virginia (Mr. of S. 1916, a bill to prohibit the posses- By Mr. CARPER (for himself, Mrs. CAP- KAINE) was added as a cosponsor of S. sion or transfer of certain firearm ac- ITO, and Mr. HEINRICH): 1344, a bill to promote the development cessories, and for other purposes. S. Res. 325. A resolution expressing support of local strategies to coordinate use of S. 1917 for designation of the week of October 29 assistance under sections 8 and 9 of the At the request of Mr. DURBIN, the through November 4, 2017, as ‘‘National Obe- United States Housing Act of 1937 with sity Care Week’’; considered and agreed to. name of the Senator from Minnesota public and private resources, to enable (Ms. KLOBUCHAR) was added as a co- f eligible families to achieve economic sponsor of S. 1917, a bill to reform sen- ADDITIONAL COSPONSORS independence and self-sufficiency, and tencing laws and correctional institu- for other purposes. tions, and for other purposes. S. 200 S. 1350 S. 2038 At the request of Mr. MARKEY, the At the request of Mr. ALEXANDER, the names of the Senator from Michigan At the request of Mr. MORAN, the name of the Senator from Wyoming name of the Senator from New Jersey (Ms. STABENOW) and the Senator from (Mr. BARRASSO) was added as a cospon- (Mr. BOOKER) was added as a cosponsor Connecticut (Mr. MURPHY) were added sor of S. 1350, a bill to amend the Na- as cosponsors of S. 200, a bill to pro- of S. 2038, a bill to amend title 38, tional Labor Relations Act with re- hibit the conduct of a first-use nuclear United States Code, to provide for a spect to the timing of elections and strike absent a declaration of war by presumption of herbicide exposure for pre-election hearings and the identi- Congress. certain veterans who served in Korea, fication of pre-election issues, and to and for other purposes. S. 422 require that lists of employees eligible S. 2057 At the request of Mrs. GILLIBRAND, to vote in organizing elections be pro- At the request of Ms. BALDWIN, the the name of the Senator from North vided to the National Labor Relations name of the Senator from West Vir- Dakota (Mr. HOEVEN) was added as a Board. ginia (Mr. MANCHIN) was added as a co- cosponsor of S. 422, a bill to amend S. 1539 sponsor of S. 2057, a bill to prevent con- title 38, United States Code, to clarify At the request of Ms. KLOBUCHAR, the flicts of interest that stem from the re- presumptions relating to the exposure names of the Senator from Oregon (Mr. volving door that raises concerns about of certain veterans who served in the WYDEN), the Senator from Rhode Island the independence of pharmaceutical vicinity of the Republic of Vietnam, (Mr. REED) and the Senator from Cali- regulators. and for other purposes. fornia (Ms. HARRIS) were added as co- S. 2070 S. 803 sponsors of S. 1539, a bill to protect vic- At the request of Mr. GRASSLEY, the At the request of Mr. REED, the name tims of stalking from gun violence. name of the Senator from North Caro- of the Senator from Vermont (Mr. S. 1591 lina (Mr. BURR) was added as a cospon- LEAHY) was added as a cosponsor of S. At the request of Mr. TOOMEY, the sor of S. 2070, a bill to amend the Vio- 803, a bill to amend the Internal Rev- name of the Senator from Louisiana lent Crime Control and Law Enforce- enue Code of 1986 to deny tax deduc- (Mr. KENNEDY) was added as a cospon- ment Act of 1994, to reauthorize the tions for corporate regulatory viola- sor of S. 1591, a bill to impose sanctions Missing Alzheimer’s Disease Patient tions. with respect to the Democratic Peo- Alert Program, and to promote initia- S. 1050 ple’s Republic of Korea, and for other tives that will reduce the risk of injury At the request of Ms. DUCKWORTH, purposes. and death relating to the wandering the name of the Senator from Mary- S. 1693 characteristics of some children with land (Mr. CARDIN) was added as a co- At the request of Mr. PORTMAN, the autism. sponsor of S. 1050, a bill to award a names of the Senator from Maryland At the request of Ms. KLOBUCHAR, the Congressional Gold Medal, collectively, (Mr. VAN HOLLEN) and the Senator name of the Senator from Delaware to the Chinese-American Veterans of from Pennsylvania (Mr. TOOMEY) were (Mr. COONS) was added as a cosponsor World War II, in recognition of their added as cosponsors of S. 1693, a bill to of S. 2070, supra. dedicated service during World War II. amend the Communications Act of 1934 S. 2080 S. 1063 to clarify that section 230 of that Act At the request of Ms. WARREN, the At the request of Mr. BROWN, the does not prohibit the enforcement name of the Senator from Maryland name of the Senator from Wisconsin against providers and users of inter- (Mr. VAN HOLLEN) was added as a co- (Ms. BALDWIN) was added as a cospon- active computer services of Federal sponsor of S. 2080, a bill to increase the sor of S. 1063, a bill to amend the Pub- and State criminal and civil law relat- role of the financial industry in com- lic Health Service Act to establish di- ing to sex trafficking. bating human trafficking. rect care registered nurse-to-patient S. 1742 S. RES. 279 staffing ratio requirements in hos- At the request of Ms. STABENOW, the At the request of Mr. MCCAIN, the pitals, and for other purposes. name of the Senator from Pennsyl- name of the Senator from Texas (Mr.

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.013 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7111 CRUZ) was added as a cosponsor of S. Sec. 21. Unified budget request. a significant threat to the national security Res. 279, a resolution reaffirming the Sec. 22. Special hiring authority. interests of the United States. Sec. 23. Conforming amendments. commitment of the United States to ‘‘(B) RULE OF CONSTRUCTION.—This para- Sec. 24. Assessment of need for additional graph shall not be construed to require the promote democracy, human rights, and resources for Committee. Committee to maintain a list of countries of the rule of law in Cambodia. Sec. 25. Authorization for Defense Advanced special concern. S. RES. 323 Research Projects Agency to limit foreign access to tech- ‘‘(5) COVERED TRANSACTION.— At the request of Mr. GRASSLEY, the nology through contracts and ‘‘(A) IN GENERAL.—Except as otherwise pro- names of the Senator from Nevada (Ms. grant agreements. vided, the term ‘covered transaction’ means CORTEZ MASTO), the Senator from Illi- Sec. 26. Effective date. any transaction described in subparagraph nois (Ms. DUCKWORTH) and the Senator Sec. 27. Severability. (B) that is proposed, pending, or completed from Illinois (Mr. DURBIN) were added SEC. 2. SENSE OF CONGRESS. on or after the date of the enactment of the as cosponsors of S. Res. 323, a resolu- It is the sense of Congress that— Foreign Investment Risk Review Moderniza- tion requiring sexual harassment train- (1) foreign investment provides substantial tion Act of 2017. economic benefits to the United States, in- ing for Members, officers, employees, ‘‘(B) TRANSACTIONS DESCRIBED.—A trans- cluding the promotion of economic growth, action described in this subparagraph is any interns, and fellows of the Senate and a productivity, competitiveness, and job cre- of the following: periodic survey of the Senate. ation, and the majority of foreign invest- ‘‘(i) Any merger, acquisition, or takeover f ment transactions pose little or no risk to that is proposed or pending after August 23, the national security of the United States, STATEMENTS ON INTRODUCED 1988, by or with any foreign person that especially when those investments are truly could result in foreign control of any United BILLS AND JOINT RESOLUTIONS passive in nature; States business. By Mr. CORNYN (for himself, (2) maintaining the commitment of the ‘‘(ii) The purchase or lease by a foreign United States to open and fair investment Mrs. FEINSTEIN, Mr. BURR, Mr. person of private or public real estate that— policy also encourages other countries to re- PETERS, Mr. RUBIO, Ms. KLO- ‘‘(I) is located in the United States and is ciprocate and helps open new foreign mar- in close proximity to a United States mili- BUCHAR, Mr. SCOTT, Mr. BAR- kets for United States businesses and their tary installation or to another facility or RASSO, Mr. MANCHIN, and Mr. products; property of the United States Government LANKFORD): (3) it should continue to be the policy of that is sensitive for reasons relating to na- the United States to enthusiastically wel- S. 2098. A bill to modernize and tional security; and come and support foreign investment, con- strengthen the Committee on Foreign ‘‘(II) meets such other criteria as the Com- sistent with the protection of national secu- Investment in the United States to mittee prescribes by regulation. more effectively guard against the risk rity; (4) at the same time, the national security ‘‘(iii) Any other investment (other than to the national security of the United landscape has shifted in recent years, and so passive investment) by a foreign person in States posed by certain types of foreign have the nature of the investments that pose any United States critical technology com- investment, and for other purposes; to the greatest potential risk to national secu- pany or United States critical infrastructure the Committee on Banking, Housing, rity, which warrants a modernization of the company, subject to regulations prescribed and Urban Affairs. processes and authorities of the Committee under subparagraph (C). Mr. CORNYN. Mr. President, I ask on Foreign Investment in the United States; ‘‘(iv) Any change in the rights that a for- eign person has with respect to a United unanimous consent that the text of the (5) the Committee on Foreign Investment in the United States plays a critical role in States business in which the foreign person bill be printed in the RECORD. protecting the national security of the has an investment, if that change could re- There being no objection, the text of United States, and, therefore, it is essential sult in— the bill was ordered to be printed in that the member agencies of the Committee ‘‘(I) foreign control of the United States the RECORD, as follows: are adequately resourced and able to hire ap- business; or S. 2098 propriately qualified individuals in a timely ‘‘(II) an investment described in clause (iii). Be it enacted by the Senate and House of Rep- manner, and that those individuals’ security resentatives of the United States of America in clearances are processed as a high priority; ‘‘(v) The contribution (other than through Congress assembled, (6) the President should conduct a more ro- an ordinary customer relationship) by a bust international outreach effort to urge United States critical technology company SECTION 1. SHORT TITLE; TABLE OF CONTENTS. and help allies and partners of the United of both intellectual property and associated (a) SHORT TITLE.—This Act may be cited as States to establish processes that parallel support to a foreign person through any type the ‘‘Foreign Investment Risk Review Mod- the Committee on Foreign Investment in the of arrangement, such as a joint venture, sub- ernization Act of 2017’’. United States to screen foreign investments ject to regulations prescribed under subpara- (b) TABLE OF CONTENTS.—The table of con- for national security risks and to facilitate graph (C). tents for this Act is as follows: coordination; and ‘‘(vi) Any other transaction, transfer, Sec. 1. Short title; table of contents. (7) the President should lead a collabo- agreement, or arrangement the structure of Sec. 2. Sense of Congress. rative effort with allies and partners of the which is designed or intended to evade or cir- Sec. 3. Definitions. United States to develop a new, stronger cumvent the application of this section, sub- Sec. 4. Inclusion of partnership and side multilateral export control regime, aimed to ject to regulations prescribed by the Com- agreements in notice. address the unprecedented industrial policies mittee. Sec. 5. Declarations relating to certain cov- of certain countries of special concern, in- ‘‘(C) FURTHER DEFINITION THROUGH REGULA- ered transactions. cluding aggressive efforts to acquire United TIONS.— Sec. 6. Stipulations regarding transactions. States technology, and the blending of civil ‘‘(i) CERTAIN INVESTMENTS AND CONTRIBU- Sec. 7. Authority for unilateral initiation of and military programs. TIONS.—The Committee shall prescribe regu- reviews. SEC. 3. DEFINITIONS. lations further defining covered transactions Sec. 8. Timing for reviews and investiga- Section 721(a) of the Defense Production described in clauses (iii) and (v) of subpara- tions. Act of 1950 (50 U.S.C. 4565(a)) is amended to graph (B) by reference to the technology, Sec. 9. Monitoring of non-notified and non- read as follows: sector, subsector, transaction type, or other declared transactions. ‘‘(a) DEFINITIONS.—In this section: characteristics of such transactions. Sec. 10. Submission of certifications to Con- ‘‘(1) ACCESS.—The term ‘access’ means the gress. ability and opportunity to obtain informa- ‘‘(ii) EXEMPTION FOR TRANSACTIONS FROM Sec. 11. Analysis by Director of National In- tion, subject to regulations prescribed by the IDENTIFIED COUNTRIES.—The Committee may, telligence. Committee. by regulation, define circumstances in which Sec. 12. Information sharing. ‘‘(2) COMMITTEE; CHAIRPERSON.—The terms a transaction otherwise described in clause Sec. 13. Action by the President. ‘Committee’ and ‘chairperson’ mean the (ii), (iii), or (v) of subparagraph (B) is ex- Sec. 14. Judicial review procedures. Committee on Foreign Investment in the cluded from the definition of ‘covered trans- Sec. 15. Factors to be considered. United States and the chairperson thereof, action’ if each foreign person that is a party Sec. 16. Actions by the Committee to ad- respectively. to the transaction is organized under the dress national security risks. ‘‘(3) CONTROL.—The term ‘control’ means laws of, or otherwise subject to the jurisdic- Sec. 17. Modification of annual report. the power to determine, direct, or decide im- tion of, a country identified by the Com- Sec. 18. Certification of notices and informa- portant matters affecting an entity, subject mittee for purposes of this clause based on tion. to regulations prescribed by the Committee. criteria such as— Sec. 19. Funding. ‘‘(4) COUNTRY OF SPECIAL CONCERN.— ‘‘(I) whether the United States has in ef- Sec. 20. Centralization of certain Committee ‘‘(A) IN GENERAL.—The term ‘country of fect with that country a mutual defense functions. special concern’ means a country that poses treaty;

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‘‘(II) whether the United States has in ef- ‘‘(v) REGULATIONS.—The Committee shall ligence, or other areas of national security, fect with that country a mutual arrange- prescribe regulations providing guidance on or gaining such an advantage over such ment to safeguard national security as it the types of transactions that the Com- countries in areas where such an advantage pertains to foreign investment; mittee considers to be passive investment. may not currently exist. ‘‘(III) the national security review process ‘‘(E) ASSOCIATED SUPPORT DEFINED.—For ‘‘(9) FOREIGN GOVERNMENT-CONTROLLED for foreign investment of that country; and purposes of subparagraph (B)(v), the term TRANSACTION.—The term ‘foreign govern- ‘‘(IV) any other criteria that the Com- ‘associated support’ has the meaning given ment-controlled transaction’ means any cov- mittee determines to be appropriate. that term in regulations prescribed by the ered transaction that could result in the con- ‘‘(iii) EXEMPTION OF CERTAIN CONTRIBU- Committee. trol of any United States business by a for- TIONS.—The Committee may, by regulation, ‘‘(F) UNITED STATES CRITICAL INFRASTRUC- eign government or an entity controlled by define circumstances in which contributions TURE COMPANY DEFINED.—For purposes of or acting on behalf of a foreign government. otherwise described in subparagraph (B)(v) subparagraph (B), the term ‘United States ‘‘(10) INTELLECTUAL PROPERTY.—The term are excluded from the term ‘covered trans- critical infrastructure company’ means a ‘intellectual property’ has the meaning given action’ on the basis of a determination that United States business that is, owns, oper- that term in regulations prescribed by the other provisions of law are adequate to iden- ates, or primarily provides services to, an en- Committee. tify and address any potential national secu- tity or entities that operate within a critical ‘‘(11) INTELLIGENCE COMMUNITY.—The term rity risks posed by such contributions. infrastructure sector or subsector, as defined ‘intelligence community’ has the meaning ‘‘(iv) TRANSFERS OF CERTAIN ASSETS PURSU- by regulations prescribed by the Committee. given that term in section 3(4) of the Na- ANT TO BANKRUPTCY PROCEEDINGS OR OTHER ‘‘(G) UNITED STATES CRITICAL TECHNOLOGY tional Security Act of 1947 (50 U.S.C. 3003(4)). DEFAULTS.—The Committee shall prescribe COMPANY.—For purposes of subparagraph (B), ‘‘(12) INVESTMENT.—The term ‘investment’ regulations to clarify that the term ‘covered the term ‘United States critical technology means the acquisition of equity interest, in- transaction’ includes any transaction de- company’ means a United States business cluding contingent equity interest, as fur- scribed in subparagraph (B) that arises pur- that produces, trades in, designs, tests, man- ther defined in regulations prescribed by the suant to a bankruptcy proceeding or other ufactures, services, or develops one or more Committee. form of default on debt. critical technologies, or a subset of such ‘‘(13) LEAD AGENCY.—The term ‘lead agen- ‘‘(D) PASSIVE INVESTMENT DEFINED.— technologies, as defined by regulations pre- cy’ means the agency or agencies designated ‘‘(i) IN GENERAL.—For purposes of subpara- scribed by the Committee. as the lead agency or agencies pursuant to graph (B)(iii), the term ‘passive investment’ ‘‘(6) CRITICAL INFRASTRUCTURE.—The term subsection (k)(5). means an investment by a foreign person in ‘critical infrastructure’ means, subject to ‘‘(14) MALICIOUS CYBER-ENABLED ACTIVI- a United States business— regulations prescribed by the Committee, TIES.—The term ‘malicious cyber-enabled ac- ‘‘(I) that is not described in subparagraph systems and assets, whether physical or vir- tivities’ means any acts— (B)(i); tual, so vital to the United States that the ‘‘(A) primarily accomplished through or fa- ‘‘(II) that does not afford the foreign per- incapacity or destruction of such systems or cilitated by computers or other electronic son— assets would have a debilitating impact on devices; ‘‘(aa) access to any nonpublic technical in- national security. ‘‘(B) that are reasonably likely to result formation in the possession of the United ‘‘(7) CRITICAL MATERIALS.—The term ‘crit- in, or materially contribute to, a significant States business; ical materials’ means physical materials es- threat to the national security of the United ‘‘(bb) access to any nontechnical informa- sential to national security, subject to regu- States; and tion in the possession of the United States lations prescribed by the Committee. ‘‘(C) that have the purpose or effect of— business that is not available to all inves- ‘‘(8) CRITICAL TECHNOLOGIES.— ‘‘(i) significantly compromising the provi- tors; ‘‘(A) IN GENERAL.—The term ‘critical tech- sion of services by one or more entities in a ‘‘(cc) membership or observer rights on the nologies’ means technology, components, or critical infrastructure sector; board of directors or equivalent governing technology items that are essential or could ‘‘(ii) harming, or otherwise significantly body of the United States business or the be essential to national security, identified compromising the provision of services by, a right to nominate an individual to such a po- for purposes of this section pursuant to regu- computer or network of computers that sup- sition; or lations prescribed by the Committee. port one or more such entities; ‘‘(dd) any involvement, other than through ‘‘(B) INCLUSION OF CERTAIN ITEMS.—The ‘‘(iii) causing a significant disruption to voting of shares, in substantive decision- term ‘critical technologies’ includes the fol- the availability of a computer or network of making pertaining to any matter involving lowing: computers; or the United States business; ‘‘(i) Defense articles or defense services in- ‘‘(iv) causing a significant misappropria- ‘‘(III) under which the foreign person and cluded on the United States Munitions List tion of funds or economic resources, trade se- the United States business do not have a par- set forth in the International Traffic in crets, personally identifiable information, or allel strategic partnership or other material Arms Regulations under subchapter M of financial information. financial relationship, as described in regula- chapter I of title 22, Code of Federal Regula- ‘‘(15) NATIONAL SECURITY.—The term ‘na- tions prescribed by the Committee; and tions. tional security’ shall be construed so as to ‘‘(IV) that meets such other criteria as the ‘‘(ii) Items included on the Commerce Con- include those issues relating to ‘homeland Committee may prescribe by regulation. trol List set forth in Supplement No. 1 to security’, including its application to crit- ‘‘(ii) NONPUBLIC TECHNICAL INFORMATION DE- part 774 of the Export Administration Regu- ical infrastructure. FINED.—For purposes of clause (i)(II)(aa), the lations under subchapter C of chapter VII of ‘‘(16) PARTY.—The term ‘party’ has the term ‘nonpublic technical information’— title 15, Code of Federal Regulations, and meaning given that term in regulations pre- ‘‘(I) has the meaning given that term in controlled— scribed by the Committee. regulations prescribed by the Committee; ‘‘(I) pursuant to multilateral regimes, in- ‘‘(17) UNITED STATES.—The term ‘United and cluding for reasons relating to national secu- States’ means the several States, the Dis- ‘‘(II) includes information (either by itself rity, chemical and biological weapons pro- trict of Columbia, and any territory or pos- or in conjunction with other information to liferation, nuclear nonproliferation, or mis- session of the United States. which a foreign person may have access)— sile technology; or ‘‘(18) UNITED STATES BUSINESS.—The term ‘‘(aa) without which critical technologies ‘‘(II) for reasons relating to regional sta- ‘United States business’ means a person en- cannot be designed, developed, tested, pro- bility or surreptitious listening. gaged in interstate commerce in the United duced, or manufactured; and ‘‘(iii) Specially designed and prepared nu- States.’’. ‘‘(bb) in a quantity sufficient to permit the clear equipment, parts and components, ma- SEC. 4. INCLUSION OF PARTNERSHIP AND SIDE design, development, testing, production, or terials, software, and technology covered by AGREEMENTS IN NOTICE. manufacturing of such technologies. part 810 of title 10, Code of Federal Regula- Section 721(b)(1)(C) of the Defense Produc- ‘‘(iii) NONTECHNICAL INFORMATION DE- tions (relating to assistance to foreign atom- tion Act of 1950 (50 U.S.C. 4565(b)(1)(C)) is FINED.—For purposes of clause (i)(II)(bb), the ic energy activities). amended by adding at the end the following: term ‘nontechnical information’ has the ‘‘(iv) Nuclear facilities, equipment, and ‘‘(iv) INCLUSION OF PARTNERSHIP AND SIDE meaning given that term in regulations pre- material covered by part 110 of title 10, Code AGREEMENTS.—A written notice submitted scribed by the Committee. of Federal Regulations (relating to export under clause (i) by a party to a covered ‘‘(iv) EFFECT OF LEVEL OF OWNERSHIP INTER- and import of nuclear equipment and mate- transaction shall include a copy of any part- EST.—A determination of whether an invest- rial). nership agreements, integration agreements, ment is a passive investment under clause (i) ‘‘(v) Select agents and toxins covered by or other side agreements relating to the shall be made without regard to how low the part 331 of title 7, Code of Federal Regula- transaction, including any such agreements level of ownership interest a foreign person tions, part 121 of title 9 of such Code, or part relating to the transfer of intellectual prop- would hold or acquire in a United States 73 of title 42 of such Code. erty, as specified in regulations prescribed business would be as a result of the invest- ‘‘(vi) Other emerging technologies that by the Committee.’’. ment. The Committee may prescribe regula- could be essential for maintaining or in- SEC. 5. DECLARATIONS RELATING TO CERTAIN tions specifying that any investment greater creasing the technological advantage of the COVERED TRANSACTIONS. than a certain level or amount would not be United States over countries of special con- Section 721(b)(1)(C) of the Defense Produc- considered a passive investment. cern with respect to national defense, intel- tion Act of 1950 (50 U.S.C. 4565(b)(1)(C)), as

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.018 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7113 amended by section 4, is further amended by 30 days of receiving a declaration under this ‘‘(ii) the President has announced a deci- adding at the end the following: clause. sion not to exercise the President’s author- ‘‘(v) DECLARATIONS RELATING TO CERTAIN ‘‘(cc) RULE OF CONSTRUCTION.—Nothing in ity under subsection (d) with respect to the COVERED TRANSACTIONS.— this subclause (other than item (aa)(CC)) transaction.’’. ‘‘(I) VOLUNTARY DECLARATIONS.—Except as shall be construed to affect the authority of SEC. 8. TIMING FOR REVIEWS AND INVESTIGA- provided in this clause, a party to any cov- the President or the Committee to take any TIONS. ered transaction may submit to the Com- action authorized by this section with re- Section 721(b) of the Defense Production mittee a declaration with basic information spect to a covered transaction. Act of 1950 (50 U.S.C. 4565(b)), as amended by regarding the transaction instead of a writ- ‘‘(V) REGULATIONS.—The Committee shall section 7, is further amended— ten notice under clause (i). prescribe regulations establishing require- (1) in paragraph (1)(F), by striking ‘‘30’’ ‘‘(II) MANDATORY DECLARATIONS.— ments for declarations submitted under this and inserting ‘‘45’’; ‘‘(aa) CERTAIN COVERED TRANSACTIONS WITH clause. In prescribing such regulations, the (2) in paragraph (2), by striking subpara- FOREIGN GOVERNMENT INTERESTS.—The par- Committee shall ensure that such declara- graph (C) and inserting the following: ties to a covered transaction shall submit a tions are submitted as abbreviated notifica- ‘‘(C) TIMING.— declaration described in subclause (I) with tions that would not generally exceed 5 ‘‘(i) IN GENERAL.—Except as provided in respect to the transaction if the transaction pages in length.’’. clause (ii), any investigation under subpara- involves the acquisition of a voting interest SEC. 6. STIPULATIONS REGARDING TRANS- graph (A) shall be completed before the end of at least 25 percent in a United States busi- ACTIONS. of the 45-day period beginning on the date on ness by a foreign person in which a foreign Section 721(b)(1)(C) of the Defense Produc- which the investigation commenced. government owns, directly or indirectly, at tion Act of 1950 (50 U.S.C. 4565(b)(1)(C)), as ‘‘(ii) EXTENSION FOR EXTRAORDINARY CIR- least a 25 percent voting interest. amended by section 5, is further amended by CUMSTANCES.— ‘‘(bb) OTHER DECLARATIONS REQUIRED BY adding at the end the following: ‘‘(I) IN GENERAL.—In extraordinary cir- COMMITTEE.—The Committee shall require ‘‘(vi) STIPULATIONS REGARDING TRANS- cumstances (as defined by the Committee in the submission of a declaration described in ACTIONS.— regulations), the chairperson may, at the re- subclause (I) with respect to any covered ‘‘(I) IN GENERAL.—In a written notice sub- quest of the head of the lead agency, extend transaction identified under regulations pre- mitted under clause (i) or a declaration sub- an investigation under subparagraph (A) for scribed by the Committee for purposes of mitted under clause (v) with respect to a one 30-day period. this item, at the discretion of the Committee transaction, a party to the transaction ‘‘(II) NONDELEGATION.—The authority of and based on appropriate factors, such as— may— the chairperson and the head of the lead ‘‘(AA) the technology, industry, economic ‘‘(aa) stipulate that the transaction is a agency referred to in subclause (I) may not sector, or economic subsector in which the covered transaction; and be delegated to any person other than the United States business that is a party to the ‘‘(bb) if the party stipulates that the trans- Deputy Secretary of the Treasury or the dep- transaction trades or of which it is a part; action is a covered transaction under item uty head (or equivalent thereof) of the lead ‘‘(BB) the difficulty of remedying the harm (aa), stipulate that the transaction is a for- agency, as the case may be. to national security that may result from eign government-controlled transaction. ‘‘(III) NOTIFICATION TO PARTIES.—If the completion of the transaction; and ‘‘(II) BASIS FOR STIPULATION.—A written Committee extends the deadline under sub- ‘‘(CC) the difficulty of obtaining informa- notice submitted under clause (i) or a dec- clause (I) with respect to a covered trans- tion on the type of covered transaction laration submitted under clause (v) that in- action, the Committee shall notify the par- through other means. cludes a stipulation under subclause (I) shall ties to the transaction of the extension.’’; ‘‘(cc) SUBMISSION OF WRITTEN NOTICE AS AN include a description of the basis for the and ALTERNATIVE.—Parties to a covered trans- stipulation.’’. (3) by adding at the end the following: action for which a declaration is required SEC. 7. AUTHORITY FOR UNILATERAL INITIATION ‘‘(8) TOLLING OF DEADLINES DURING LAPSE IN under this subclause may instead elect to OF REVIEWS. APPROPRIATIONS.—Any deadline or time limi- submit a written notice under clause (i). Section 721(b)(1) of the Defense Production tation under this subsection shall be tolled ‘‘(dd) TIMING OF SUBMISSION.— Act of 1950 (50 U.S.C. 4565(b)(1)) is amended— during a lapse in appropriations.’’. ‘‘(AA) IN GENERAL.—A declaration required (1) by redesignating subparagraphs (E) and SEC. 9. MONITORING OF NON-NOTIFIED AND to be submitted with respect to a covered (F) as subparagraphs (F) and (G), respec- NON-DECLARED TRANSACTIONS. transaction by item (aa) or (bb) shall be sub- tively; Section 721(b)(1) of the Defense Production mitted not later than 45 days before the com- (2) in subparagraph (D)— Act of 1950 (50 U.S.C. 4565(b)(1)), as amended pletion of the transaction. (A) in clause (i), by inserting ‘‘(other than by section 7, is further amended by adding at ‘‘(BB) WRITTEN NOTICE.—If, pursuant to a covered transaction described in subpara- the end the following: item (cc), the parties to a covered trans- graph (E))’’ after ‘‘any covered transaction’’; ‘‘(H) MONITORING OF NON-NOTIFIED AND NON- action elect to submit a written notice under (B) by striking clause (ii) and inserting the DECLARED TRANSACTIONS.—The Committee clause (i) instead of a declaration under this following: shall establish a mechanism to identify cov- subclause, the written notice shall be filed ‘‘(ii) any covered transaction described in ered transactions for which— not later than 90 days before the completion subparagraph (E), if any party to the trans- ‘‘(i) a notice under clause (i) of subpara- of the transaction. action submitted false or misleading mate- graph (C) or a declaration under clause (v) of ‘‘(III) PENALTIES.—The Committee may im- rial information to the Committee in con- that subparagraph is not submitted to the pose a penalty pursuant to subsection (h)(3) nection with the Committee’s consideration Committee; and with respect to a party that fails to comply of the transaction or omitted material infor- ‘‘(ii) information is reasonably available.’’. with this clause. mation, including material documents, from SEC. 10. SUBMISSION OF CERTIFICATIONS TO ‘‘(IV) COMMITTEE RESPONSE TO DECLARA- information submitted to the Committee; CONGRESS. TION.— or’’; and Section 721(b)(3)(C) of the Defense Produc- ‘‘(aa) IN GENERAL.—Upon receiving a dec- (C) in clause (iii)— tion Act of 1950 (50 U.S.C. 4565(b)(3)(C)) is laration under this clause with respect to a (i) in the matter preceding subclause (I), by amended— transaction, the Committee may, at its dis- striking ‘‘any covered transaction that has (1) in clause (iii)— cretion— previously been reviewed or investigated (A) in subclause (II), by inserting ‘‘and the ‘‘(AA) request that the parties to the under this section,’’ and inserting ‘‘any cov- Select Committee on Intelligence’’ after transaction file a written notice under ered transaction described in subparagraph ‘‘Urban Affairs’’; and clause (i); (E),’’; (B) in subclause (IV), by inserting ‘‘and the ‘‘(BB) inform the parties to the transaction (ii) in subclause (I), by striking ‘‘inten- Permanent Select Committee on Intel- that the Committee is not able to complete tionally’’; ligence’’ after ‘‘Financial Services’’; action under this section with respect to the (iii) in subclause (II), by striking ‘‘an in- (2) in clause (iv), by striking subclause (II) transaction on the basis of the declaration tentional’’ and inserting ‘‘a’’; and and inserting the following: and that the parties may file a written no- (iv) in subclause (III), by inserting ‘‘ade- ‘‘(II) DELEGATION OF CERTIFICATIONS.— tice under clause (i) to seek written notifica- quate and appropriate’’ before ‘‘remedies or ‘‘(aa) IN GENERAL.—Subject to item (bb), tion from the Committee that the Com- enforcement tools’’; and the chairperson, in consultation with the mittee has completed all action under this (3) by inserting after subparagraph (D) the Committee, may determine the level of offi- section with respect to the transaction; following: cial to whom the signature requirement ‘‘(CC) initiate a unilateral review of the ‘‘(E) COVERED TRANSACTIONS DESCRIBED.—A under subclause (I) for the chairperson and transaction under subparagraph (D); or covered transaction is described in this sub- the head of the lead agency may be dele- ‘‘(DD) notify the parties in writing that paragraph if— gated. The level of official to whom the sig- the Committee has completed all action ‘‘(i) the Committee has informed the par- nature requirement may be delegated may under this section with respect to the trans- ties to the transaction in writing that the differ based on any factor relating to a trans- action. Committee has completed all action under action that the chairperson, in consultation ‘‘(bb) TIMING.—The Committee shall en- this section with respect to the transaction; with the Committee, deems appropriate, in- deavor to take action under item (aa) within or cluding the type or value of the transaction.

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‘‘(bb) LIMITATIONS.—The signature require- (4) in subparagraph (C), as redesignated by SEC. 14. JUDICIAL REVIEW PROCEDURES. ment under subclause (I) may be delegated— paragraph (2), by striking ‘‘20’’ and inserting Section 721(e) of the Defense Production ‘‘(AA) in the case of a covered transaction ‘‘30’’; and Act of 1950 (50 U.S.C. 4565) is amended to read assessed by the Director of National Intel- (5) by adding at the end the following: ligence under paragraph (4) as more likely ‘‘(F) ASSESSMENT OF OPERATIONAL IM- as follows: than not to threaten the national security of PACT.—The Director may provide to the ‘‘(e) ACTIONS AND FINDINGS NONREVIEW- the United States, not below the level of the Committee an assessment, separate from the ABLE.— Assistant Secretary of the Treasury or an analyses under subparagraphs (A) and (B), of ‘‘(1) ACTIONS AND FINDINGS OF THE PRESI- equivalent official of another agency or de- any operational impact of a covered trans- DENT.—The actions and findings of the Presi- partment represented on the Committee; and action on the intelligence community and a dent or the President’s designee under this ‘‘(BB) in the case of any other covered description of any actions that have been or section shall not be subject to judicial re- transaction, not below the level of a Deputy will be taken to mitigate any such impact. view, including claims under chapter 7 of Assistant Secretary of the Treasury or an ‘‘(G) SUBMISSION TO CONGRESS.—The Com- title 5, United States Code. equivalent official of another agency or de- mittee shall submit the analysis required by ‘‘(2) ACTIONS AND FINDINGS OF THE COM- partment represented on the Committee.’’; subparagraph (A) with respect to a covered MITTEE.— and transaction to the Select Committee on In- ‘‘(A) IN GENERAL.—Except as provided in (3) by adding at the following: telligence of the Senate and the Permanent subparagraph (B), the actions and findings of ‘‘(v) AUTHORITY TO CONSOLIDATE DOCU- Select Committee on Intelligence of the the Committee under subsection (b) or (l), MENTS.—Instead of transmitting a separate House of Representatives upon the conclu- certified notice or certified report under sub- sion of action under this section (other than and any assessment of penalties or use of en- paragraph (A) or (B) with respect to each compliance reviews under subsection (l)(6)) forcement authorities under this section, covered transaction, the Committee may, on with respect to the transaction.’’. shall not be subject to judicial review, in- a monthly basis, transmit such notices and SEC. 12. INFORMATION SHARING. cluding claims under chapter 7 of title 5, reports in a consolidated document to the Section 721(c) of the Defense Production United States Code. Members of Congress specified in clause Act of 1950 (50 U.S.C. 4565(c)) is amended— ‘‘(B) PETITIONS.— (iii).’’. (1) by striking ‘‘Any information’’ and in- ‘‘(i) DEFINITION.—In this subparagraph, the SEC. 11. ANALYSIS BY DIRECTOR OF NATIONAL serting the following: term ‘classified information’ means any in- INTELLIGENCE. ‘‘(1) IN GENERAL.—Except as provided in formation or material that has been deter- Section 721(b)(4) of the Defense Production paragraph (2), any information’’; mined by the United States Government pur- Act of 1950 (50 U.S.C. 4565(b)(4)) is amended— (2) by striking ‘‘, except as may be rel- suant to an Executive order, statute, or reg- (1) by striking subparagraph (A) and in- evant’’ and all that follows and inserting a ulation to require protection against unau- serting the following: period; and thorized disclosure for reasons of national ‘‘(A) ANALYSIS REQUIRED.— (3) by adding at the end the following: security and any restricted data, as defined ‘‘(i) IN GENERAL.—The Director of National ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not in section 11 of the Atomic Energy Act of Intelligence shall expeditiously carry out a prohibit the disclosure of the following: 1954 (42 U.S.C. 2014). thorough analysis of any threat to the na- ‘‘(A) Information relevant to any adminis- ‘‘(ii) PETITION.— tional security of the United States posed by trative or judicial action or proceeding. ‘‘(I) IN GENERAL.—Except as provided in any covered transaction, which shall include ‘‘(B) Information to either House of Con- subclause (II), not later than 60 days after the identification of any recognized gaps in gress or to any duly authorized committee or the date on which the President or the Com- the collection of intelligence relevant to the subcommittee of Congress. mittee takes an action with respect to the analysis. ‘‘(C) Information to any domestic or for- covered transaction, any party to the cov- ‘‘(ii) VIEWS OF INTELLIGENCE AGENCIES.— eign governmental entity, under the direc- ered transaction may file a petition under The Director shall seek and incorporate into tion of the chairperson, to the extent nec- this subparagraph alleging that the action of the analysis required by clause (i) the views essary for national security purposes and the Committee is a violation of a constitu- of all affected or appropriate intelligence pursuant to appropriate confidentiality and tional right, power, privilege, or immunity. agencies with respect to the transaction. classification arrangements. ‘‘(II) NOTIFICATION.—No party to a covered ‘‘(iii) UPDATES.—At the request of the lead ‘‘(D) Information that the parties have transaction shall be permitted to file a peti- agency, the Director shall update the anal- consented to be disclosed to third parties.’’. tion or any claim related to a petition under ysis conducted under clause (i) with respect SEC. 13. ACTION BY THE PRESIDENT. subclause (I) unless— to a covered transaction with respect to (a) IN GENERAL.—Section 721(d) of the De- ‘‘(aa) the party initiated the review of the which an agreement was entered into under fense Production Act of 1950 (50 U.S.C. transaction pursuant to a written notice subsection (l)(3)(A). 4565(d)) is amended— filed under clause (i) of subsection (b)(1)(C) ‘‘(iv) INDEPENDENCE AND OBJECTIVITY.—The (1) by striking paragraph (1) and inserting or a declaration filed under clause (v) of that Committee shall ensure that its processes the following: under this section preserve the ability of the subsection or the Committee determines ‘‘(1) IN GENERAL.—Subject to paragraph (4), that such a notice or declaration was not re- Director to conduct analysis under clause (i) the President may, with respect to a covered that is independent, objective, and con- quired; and transaction that threatens to impair the na- ‘‘(bb) the Committee has completed all ac- sistent with all applicable directives, poli- tional security of the United States— cies, and analytic tradecraft standards of the tion under this section with respect to the ‘‘(A) take such action for such time as the transaction. intelligence community.’’; President considers appropriate to suspend (2) by redesignating subparagraphs (B), (C), ‘‘(III) RELATED CLAIMS.—Any claims re- or prohibit the transaction or to require di- lated to a petition filed under this clause and (D) as subparagraphs (C), (D), and (E), re- vestment; and spectively; shall be filed before the date described in ‘‘(B) in conjunction with taking any such subclause (I). (3) by inserting after subparagraph (A) the action, take any additional action the Presi- ‘‘(iii) EXCLUSIVE JURISDICTION.— following: dent considers appropriate to address the ‘‘(I) IN GENERAL.—The United States Court ‘‘(B) BASIC THREAT INFORMATION.— risk to the national security of the United of Appeals for the District of Columbia Cir- ‘‘(i) IN GENERAL.—The Director of National States identified during the review and in- cuit shall have exclusive jurisdiction over Intelligence may provide the Committee vestigation of the transaction under this sec- claims arising under this subparagraph, sub- with basic information regarding any threat tion.’’; and ject to review by the Supreme Court of the to the national security of the United States (2) in paragraph (2), by striking ‘‘not later United States under section 1254 of title 28, posed by a covered transaction described in than 15 days’’ and all that follows and insert- United States Code, only— clause (ii) instead of conducting the analysis ing the following: ‘‘with respect to a covered ‘‘(aa) to affirm the action of the Com- required by subparagraph (A). transaction not later than 15 days after the mittee; or ‘‘(ii) COVERED TRANSACTION DESCRIBED.—A earlier of— ‘‘(bb) to remand the case to the Committee covered transaction is described in this ‘‘(A) the date on which the investigation of clause if— the transaction under subsection (b) is com- for further consideration. ‘‘(I) the transaction is described in sub- pleted; or ‘‘(II) STANDARD OF REVIEW.—The court section (a)(5)(B)(ii); ‘‘(B) the date on which the Committee oth- shall uphold an action challenged under this ‘‘(II) the Director of National Intelligence erwise refers the transaction to the Presi- subparagraph unless the court finds that the has completed an analysis pursuant to sub- dent under subsection (l)(2).’’. action was contrary to a constitutional paragraph (A) involving each foreign person (b) CIVIL PENALTIES.—Section 721(h)(3)(A) right, power, privilege, or immunity. that is a party to the transaction during the of the Defense Production Act of 1950 (50 ‘‘(iv) SCOPE OF REVIEW.—In a claim under 12 months preceding the review or investiga- U.S.C. 4565(h)(3)(A)) is amended by striking this subparagraph, the court shall decide all tion of the transaction under this section; or ‘‘including any mitigation’’ and all that fol- relevant questions based solely on any ad- ‘‘(III) the transaction otherwise meets cri- lows through ‘‘subsection (l)’’ and inserting ministrative record submitted by the United teria agreed upon by the Committee and the ‘‘including any mitigation agreement en- States under clause (v). Director of National Intelligence for pur- tered into, conditions imposed, or order ‘‘(v) ADMINISTRATIVE RECORD AND PROCE- poses of this subparagraph.’’; issued pursuant to this section’’. DURES.—

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‘‘(I) IN GENERAL.—Notwithstanding any SEC. 15. FACTORS TO BE CONSIDERED. ‘‘(18) whether the covered transaction is other provision of law, the procedures de- Section 721(f) of the Defense Production likely to facilitate criminal or fraudulent ac- scribed in this clause shall apply to the re- Act of 1950 (50 U.S.C. 4565(f)) is amended— tivity affecting the national security of the view of a petition under this subparagraph. (1) in paragraph (1), by inserting ‘‘includ- United States; ‘‘(II) ADMINISTRATIVE RECORD.— ing whether the covered transaction is likely ‘‘(19) whether the covered transaction is ‘‘(aa) FILING OF RECORD.—The United to result in the increased reliance by the likely to expose any information regarding States shall file with the court an adminis- United States on foreign suppliers to meet sensitive national security matters or sen- trative record, which shall consist of the in- national defense requirements;’’ after ‘‘de- sitive procedures or operations of a Federal formation that the parties submitted to the fense requirements,’’; law enforcement agency with national secu- Committee and that the Committee relied (2) in paragraph (4), by striking ‘‘proposed rity responsibilities to a foreign person not upon in support of the action of the Com- or pending’’; authorized to receive that information; mittee under review. (3) by striking paragraph (5) and insert the and’’. ‘‘(bb) UNCLASSIFIED, NONPRIVILEGED INFOR- following: SEC. 16. ACTIONS BY THE COMMITTEE TO AD- MATION.—All unclassified information con- ‘‘(5) the potential effects of the covered DRESS NATIONAL SECURITY RISKS. tained in the administrative record that is transaction on United States international not otherwise privileged or subject to statu- technological and industrial leadership in Section 721(l) of the Defense Production tory protections shall be provided to the pe- areas affecting United States national secu- Act of 1950 (50 U.S.C. 4565(l)) is amended— titioner with appropriate protections for any rity, including whether the transaction is (1) in the subsection heading, by striking privileged or confidential trade secrets and likely to reduce the technological and indus- ‘‘MITIGATION, TRACKING, AND commercial or financial information. trial advantage of the United States relative POSTCONSUMMATION MONITORING AND EN- ‘‘(cc) DISCOVERY BAR.—Other than the pro- to any country of special concern;’’; FORCEMENT’’ and inserting ‘‘ACTIONS BY THE vision of information in the administrative (4) in paragraph (6), by inserting ‘‘and COMMITTEE TO ADDRESS NATIONAL SECURITY record described in subparagraph (II)(bb), no transportation assets, as defined in Presi- RISKS’’; discovery shall be permitted. dential Policy Directive 21 (February 12, (2) by redesignating paragraphs (1), (2), and ‘‘(dd) IN CAMERA AND EX PARTE.—The fol- 2013; relating to critical infrastructure secu- (3) as paragraphs (3), (5), and (6), respec- lowing information may be included in the rity and resilience) or any successor direc- tively; administrative record and shall be submitted tive’’ after ‘‘energy assets’’; (3) by inserting before paragraph (3), as re- only to the court ex parte and in camera: (5) in paragraph (7), by inserting ‘‘, includ- designated by paragraph (2), the following: ‘‘(AA) Unclassified information subject to ing whether the covered transaction is likely ‘‘(1) SUSPENSION OF TRANSACTIONS.—The privilege or statutory protections. to contribute to the loss of or other adverse Committee, acting through the chairperson, ‘‘(BB) Classified information. effects on technologies that provide a stra- may suspend a proposed or pending covered ‘‘(CC) Sensitive security information. tegic national security advantage to the transaction that may pose a risk to the na- ‘‘(DD) Sensitive law enforcement informa- United States’’ after ‘‘critical technologies’’; tional security of the United States for such tion. (6) in paragraph (10), by striking ‘‘; and’’ time as the covered transaction is under re- ‘‘(EE) Information obtained or derived and inserting a semicolon; view or investigation under subsection (b). from any activity authorized under the For- (7) by redesignating paragraph (11) as para- ‘‘(2) REFERRAL TO PRESIDENT.—The Com- eign Intelligence Surveillance Act of 1978 (50 graph (20); and mittee may, at any time during the review U.S.C. 1801 et seq.), except that, with respect (8) by inserting after paragraph (10) the fol- or investigation of a covered transaction to such information, subsections (c), (e), (f), lowing: under subsection (b), complete the action of (g), and (h) of section 106 (50 U.S.C. 1806), sub- ‘‘(11) the degree to which the covered the Committee with respect to the trans- sections (d), (f), (g), (h), and (i) of section 305 transaction is likely to increase the cost to action and refer the transaction to the Presi- the United States Government of acquiring dent for action pursuant to subsection (d).’’; (50 U.S.C. 1825), subsections (c), (e), (f), (g), or maintaining the equipment and systems (4) in paragraph (3), as redesignated by and (h) of section 405 (50 U.S.C. 1845), and sec- that are necessary for defense, intelligence, paragraph (2)— tion 706 (50 U.S.C. 1881e) of that Act shall not or other national security functions; (A) in subparagraph (A)— apply. ‘‘(12) the potential national security-re- (i) in the subparagraph heading, by strik- ‘‘(ee) UNDER SEAL.—Any classified informa- lated effects of the cumulative market share ing ‘‘IN GENERAL’’ and inserting ‘‘AGREE- tion, sensitive security information, law en- of any one type of infrastructure, energy MENTS AND CONDITIONS’’; forcement sensitive information, or informa- asset, critical material, or critical tech- (ii) by striking ‘‘The Committee’’ and in- tion that is otherwise privileged or subject nology by foreign persons; serting the following: to statutory protections, that is part of the ‘‘(13) whether any foreign person that ‘‘(i) IN GENERAL.—The Committee’’; administrative record filed ex parte and in would acquire an interest in a United States (iii) by striking ‘‘threat’’ and inserting camera, or cited by the court in any deci- business or its assets as a result of the cov- ‘‘risk’’; and sion, shall be treated by the court consistent ered transaction has a history of— (iv) by adding at the end the following: with the provisions of this subparagraph, and ‘‘(A) complying with United States laws ‘‘(ii) ABANDONMENT OF TRANSACTIONS.—If a shall remain under seal and preserved in the and regulations, including laws and regula- party to a covered transaction has volun- records of the court to be made available in tions pertaining to exports, the protection of tarily chosen to abandon the transaction, the event of further proceedings. In no event intellectual property, and immigration; and the Committee or lead agency, as the case shall such information be released to the ‘‘(B) adhering to contracts or other agree- may be, may negotiate, enter into or impose, claimant or as part of the public record. ments with entities of the United States and enforce any agreement or condition with ‘‘(ff) RETURN.—After the expiration of the Government; any party to the covered transaction for pur- time to seek further review, or the conclu- ‘‘(14) the extent to which the covered poses of effectuating such abandonment and sion of further proceedings, the court shall transaction is likely to expose, either di- mitigating any risk to the national security return the administrative record, including rectly or indirectly, personally identifiable of the United States that arises as a result of any and all copies, to the United States. information, genetic information, or other the covered transaction. ‘‘(gg) CONSIDERATION OF CLAIM WITHOUT IN- sensitive data of United States citizens to ‘‘(iii) AGREEMENTS AND CONDITIONS RELAT- FORMATION IN ADMINISTRATIVE RECORD.—If, on access by a foreign government or foreign ING TO COMPLETED TRANSACTIONS.—The Com- motion or sua sponte, the court determines person that may exploit that information in mittee or lead agency, as the case may be, that the claim may be considered without a manner that threatens national security; may negotiate, enter into or impose, and en- any of the information in the administrative ‘‘(15) whether the covered transaction is force any agreement or condition with any record, the court shall require that only the likely to have the effect of creating any new party to a completed covered transaction in necessary information, if any, from the cybersecurity vulnerabilities in the United order to mitigate any interim risk to the na- record be provided to the parties. States or exacerbating existing cybersecu- tional security of the United States that ‘‘(vi) EXCLUSIVE REMEDY.—A determination rity vulnerabilities; may arise as a result of the covered trans- by the court under this subparagraph shall ‘‘(16) whether the covered transaction is action until such time that the Committee be the exclusive judicial remedy for any likely to result in a foreign government has completed action pursuant to subsection claim described in this subparagraph against gaining a significant new capability to en- (b) or the President has taken action pursu- the United States, any United States depart- gage in malicious cyber-enabled activities ant to subsection (d) with respect to the ment or agency, or any component or official against the United States, including such ac- transaction.’’; and of any such department or agency. tivities designed to affect the outcome of (B) by striking subparagraph (B) and in- ‘‘(vii) RULE OF CONSTRUCTION.—Nothing in any election for Federal office; serting the following: this subparagraph shall be construed as lim- ‘‘(17) whether the covered transaction in- ‘‘(B) LIMITATIONS.—An agreement may not iting, superseding, or preventing the invoca- volves a country of special concern that has be entered into or condition imposed under tion of, any privileges or defenses that are a demonstrated or declared strategic goal of subparagraph (A) with respect to a covered otherwise available at law or in equity to acquiring a type of critical technology that transaction unless the Committee deter- protect against the disclosure of informa- a United States business that is a party to mines that the agreement or condition re- tion.’’. the transaction possesses; solves the national security concerns posed

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.018 S08NOPT1 S7116 CONGRESSIONAL RECORD — SENATE November 8, 2017 by the transaction, taking into consider- moving such clauses, as so redesignated, 2 (1) in paragraph (1), by striking ‘‘com- ation whether the agreement or condition is ems to the left; and mittee’’ and all that follows through ‘‘Rep- reasonably calculated to— (C) by adding at the end the following: resentatives,’’ and inserting ‘‘appropriate ‘‘(i) be effective; ‘‘(C) COMPLIANCE PLANS.— congressional committees’’; ‘‘(ii) allow for compliance with the terms ‘‘(i) IN GENERAL.—In the case of a covered (2) in paragraph (2)— of the agreement or condition in an appro- transaction with respect to which an agree- (A) by amending subparagraph (A) to read priately verifiable way; and ment is entered into under paragraph (3)(A), as follows: ‘‘(iii) enable effective monitoring of com- the Committee or lead agency, as the case ‘‘(A) A list of all notices filed and all re- pliance with and enforcement of the terms of may be, shall formulate, adhere to, and keep views or investigations of covered trans- the agreement or condition. updated a plan for monitoring compliance actions completed during the period, with— ‘‘(C) JURISDICTION.—The provisions of sec- with the agreement. ‘‘(i) a description of the outcome of each tion 706(b) shall apply to any mitigation ‘‘(ii) ELEMENTS.—Each plan required by review or investigation, including whether agreement entered into or condition imposed clause (i) with respect to an agreement en- an agreement was entered into or condition under subparagraph (A).’’; tered into under paragraph (3)(A) shall in- was imposed under subsection (l)(3)(A) with (5) by inserting after paragraph (3), as re- clude an explanation of— respect to the transaction being reviewed or designated by paragraph (2), the following: ‘‘(I) which member of the Committee will investigated, and whether the President took ‘‘(4) RISK-BASED ANALYSIS REQUIRED.— have primary responsibility for monitoring any action under this section with respect to ‘‘(A) IN GENERAL.—Any determination of compliance with the agreement; that transaction; the Committee to suspend a covered trans- ‘‘(II) how compliance with the agreement ‘‘(ii) basic information on each party to action under paragraph (1), to refer a covered will be monitored; each such transaction; transaction to the President under para- ‘‘(III) how frequently compliance reviews ‘‘(iii) the nature of the business activities graph (2), or to negotiate, enter into or im- will be conducted; or products of the United States business pose, or enforce any agreement or condition ‘‘(IV) whether an independent entity will with which the transaction was entered into under paragraph (3)(A) with respect to a cov- be utilized under subparagraph (E) to con- or intended to be entered into; and ered transaction, shall be based on a risk- duct compliance reviews; and ‘‘(iv) information about any withdrawal based analysis, conducted by the Committee, ‘‘(V) what actions will be taken if the par- of the effects on the national security of the ties fail to cooperate regarding monitoring from the process.’’; United States of the covered transaction, compliance with the agreement. (B) by adding at the end the following: ‘‘(G) Statistics on compliance reviews con- which shall include— ‘‘(D) EFFECT OF LACK OF COMPLIANCE.—If, at ‘‘(i) an assessment of— any time after a mitigation agreement or ducted and actions taken by the Committee ‘‘(I) the national security threat posed by condition is entered into or imposed under under subsection (l)(6), including subpara- the transaction, taking into account the paragraph (3)(A), the Committee or lead graph (D) of that subsection, during that pe- analysis conducted by the Director of Na- agency, as the case may be, determines that riod and a description of any actions taken tional Intelligence under subsection (b)(4); a party or parties to the agreement or condi- by the Committee to impose penalties or ini- ‘‘(II) any national security vulnerabilities tion are not in compliance with the terms of tiate a unilateral review pursuant to sub- related to the transaction; and the agreement or condition, the Committee section (b)(1)(D)(iii)(I).’’; ‘‘(III) the potential national security con- or lead agency may, in addition to the au- (3) in paragraph (3)— sequences of the transaction; and thority of the Committee to impose pen- (A) by striking ‘‘CRITICAL TECHNOLOGIES’’ ‘‘(ii) an identification of any of the factors alties pursuant to subsection (h)(3) and to and all that follows through ‘‘In order to as- described in subsection (f) that the trans- unilaterally initiate a review of any covered sist’’ and inserting ‘‘CRITICAL TECH- action may substantially implicate. transaction under subsection NOLOGIES.—In order to assist’’; ‘‘(B) ACTIONS OF MEMBERS OF THE COM- (b)(1)(D)(iii)(I)— (B) by striking subparagraph (B); and MITTEE.— ‘‘(i) negotiate a plan of action for the party (C) by redesignating clauses (i) and (ii) as ‘‘(i) IN GENERAL.—Any member of the Com- or parties to remediate the lack of compli- subparagraphs (A) and (B), respectively, and mittee who concludes that a covered trans- ance, with failure to abide by the plan or by moving such subparagraphs, as so redesig- action poses an unresolved national security otherwise remediate the lack of compliance nated, 2 ems to the left; and concern shall recommend to the Committee serving as the basis for the Committee to (4) by adding at the end the following: that the Committee suspend the transaction find a material breach of the agreement or ‘‘(4) BIENNIAL INTELLIGENCE COMMUNITY RE- under paragraph (1), refer the transaction to condition; PORT.— the President under paragraph (2), or nego- ‘‘(ii) require that the party or parties sub- ‘‘(A) IN GENERAL.—The Director of Na- tiate, enter into or impose, or enforce any mit any covered transaction initiated after tional Intelligence shall transmit to the agreement or condition under paragraph the date of the determination of noncompli- chairperson, for inclusion in a classified por- (3)(A) with respect to the transaction. In ance and before the date that is 5 years after tion of each report required to be submitted making that recommendation, the member the date of the determination to the Com- under paragraph (1) during calendar year 2018 shall propose the risk-based analysis re- mittee for review under subsection (b); or and every even-numbered year thereafter, quired by subparagraph (A). ‘‘(iii) seek injunctive relief. the report of the interagency group estab- ‘‘(ii) FAILURE TO REACH CONSENSUS.—If the ‘‘(E) USE OF INDEPENDENT ENTITIES TO MON- lished under subparagraph (C). Committee fails to reach consensus with re- ITOR COMPLIANCE.—If the parties to an agree- ‘‘(B) ELEMENTS.—The report referred to in spect to a recommendation under clause (i) ment entered into under paragraph (3)(A) subparagraph (A) shall include an identifica- regarding a covered transaction, the mem- enter into a contract with an independent tion, analysis, and explanation of the fol- bers of the Committee who support an alter- entity from outside the United States Gov- lowing: native recommendation shall produce— ernment for the purpose of monitoring com- ‘‘(i) Any current or projected major threats ‘‘(I) a written statement justifying the al- pliance with the agreement, the Committee to the national security of the United States ternative recommendation; and shall take such action as is necessary to pre- with respect to foreign investment. ‘‘(II) as appropriate, a risk-based analysis vent a conflict of interest from arising by en- ‘‘(ii) Any strategies used by countries of that supports the alternative recommenda- suring that the independent entity owes no special concern to utilize foreign investment tion.’’; fiduciary duty to the parties. to target the acquisition of critical tech- (6) in paragraph (5), as redesignated by ‘‘(F) ADDITIONAL COMPLIANCE MEASURES.— nologies, critical materials, or critical infra- paragraph (2), by striking ‘‘(as defined in the Subject to subparagraphs (A) through (E), structure. National Security Act of 1947)’’; and the Committee shall develop and agree upon ‘‘(iii) Any economic espionage efforts di- (7) in paragraph (6), as redesignated by methods for evaluating compliance with any rected at the United States by a foreign paragraph (2)— agreement entered into or condition imposed country, particularly a country of special (A) in subparagraph (A)— with respect to a covered transaction that concern. (i) by striking ‘‘paragraph (1)’’ and insert- will allow the Committee to adequately en- ‘‘(C) INTELLIGENCE COMMUNITY INTERAGENCY ing ‘‘paragraph (3)’’; and sure compliance without unnecessarily di- WORKING GROUP.—The Director of National (ii) by striking the second sentence and in- verting Committee resources from assessing Intelligence— serting the following: ‘‘The lead agency may, any new covered transaction for which a ‘‘(i) shall establish an interagency working at its discretion, seek and receive the assist- written notice under clause (i) of subsection group, composed of representatives of ele- ance of other departments or agencies in car- (b)(1)(C) or declaration under clause (v) of ments of the intelligence community, to pre- rying out the purposes of this paragraph.’’; that subsection has been filed, and if nec- pare the report required under this para- (B) in subparagraph (B)— essary, reaching a mitigation agreement graph; (i) by striking ‘‘DESIGNATED AGENCY’’ and with or imposing a condition on a party to ‘‘(ii) shall serve as the chairperson of the all that follows through ‘‘The lead agency in such covered transaction or any covered interagency working group; and connection’’ and inserting ‘‘DESIGNATED transaction for which a review has been re- ‘‘(iii) may consult with and seek input AGENCY.—The lead agency in connection’’; opened for any reason.’’. from any member of the Committee, as the (ii) by striking clause (ii); and SEC. 17. MODIFICATION OF ANNUAL REPORT. Director considers necessary. (iii) by redesignating subclauses (I) and (II) Section 721(m) of the Defense Production ‘‘(5) CLASSIFICATION; AVAILABILITY OF RE- as clauses (i) and (ii), respectively, and by Act of 1950 (50 U.S.C. 4565(m)) is amended— PORT.—

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‘‘(A) CLASSIFICATION.—All appropriate por- mined by the Committee in regulations, to the Committee to carry out the functions of tions of the annual report required by para- the extent provided in advance in appropria- that department or agency under this sec- graph (1) may be classified. tions Acts, without regard to section 9701 of tion.’’. ‘‘(B) PUBLIC AVAILABILITY OF UNCLASSIFIED title 31, United States Code, and subject to SEC. 22. SPECIAL HIRING AUTHORITY. VERSION.—An unclassified version of the re- subparagraph (B), with respect to each cov- Section 721 of the Defense Production Act port required by paragraph (1), as appro- ered transaction for which a written notice of 1950 (50 U.S.C. 4565), as amended by sec- priate and consistent with safeguarding na- is submitted to the Committee under sub- tions 19, 20, and 21, is further amended by tional security and privacy, shall be made section (b)(1)(C)(i). adding at the end the following: available to the public. Information regard- ‘‘(B) LIMITATION ON AMOUNT OF FEE.—The ‘‘(r) SPECIAL HIRING AUTHORITY.—The ing trade secrets or business confidential in- amount of the fee determined under subpara- heads of the departments and agencies rep- formation may be included in the classified graph (A) with respect to a covered trans- resented on the Committee may appoint, version and may not be made available to action described in that subparagraph may without regard to the provisions of sections the public in the unclassified version. not exceed an amount equal to the lesser of— 3309 through 3318 of title 5, United States ‘‘(C) EXCEPTIONS TO FREEDOM OF INFORMA- ‘‘(i) 1 percent of the value of the trans- Code, candidates directly to positions in the TION ACT.—The exceptions to subsection (a) action; or competitive service (as defined in section of section 552 of title 5, United States Code, ‘‘(ii) $300,000, adjusted annually for infla- 2102 of that title) in their respective depart- provided for under subsection (b) of that sec- tion pursuant to regulations prescribed by ments and agencies to administer this sec- tion shall apply with respect to the report the Committee. tion.’’. required by paragraph (1). ‘‘(C) DEPOSIT AND AVAILABILITY OF FEES.— SEC. 23. CONFORMING AMENDMENTS. ‘‘(6) APPROPRIATE CONGRESSIONAL COMMIT- Notwithstanding section 3302 of title 31, Section 721 of the Defense Production Act TEES DEFINED.—In this subsection, the term United States Code, fees collected under sub- of 1950 (50 U.S.C. 4565), as amended by this ‘appropriate congressional committees’ paragraph (A) shall— Act, is further amended— means— ‘‘(i) be deposited as offsetting collections (1) in subsection (b)(2)(B)(i)(I), by striking ‘‘(A) the Committee on Banking, Housing, into the Fund for use in carrying out activi- ‘‘that threat’’ and inserting ‘‘the risk’’; and and Urban Affairs, the Select Committee on ties under this section; (2) in subsection (d)(4)(A), by striking ‘‘the Intelligence, the Committee on Armed Serv- ‘‘(ii) to the extent and in the amounts pro- foreign interest exercising control’’ and in- ices, the Committee on the Judiciary, and vided in advance in appropriations Acts, be serting ‘‘a foreign person that would acquire the Committee on Homeland Security and available to the chairperson; an interest in a United States business or its Governmental Affairs of the Senate; and ‘‘(iii) remain available until expended; and assets as a result of the covered trans- ‘‘(B) the Committee on Financial Services, ‘‘(iv) be in addition to any appropriations action’’. the Permanent Select Committee on Intel- made available to the members of the Com- SEC. 24. ASSESSMENT OF NEED FOR ADDITIONAL ligence, the Committee on Armed Services, mittee. RESOURCES FOR COMMITTEE. the Committee on the Judiciary, and the ‘‘(4) TRANSFER OF FUNDS.—The chairperson The President shall— Committee on Homeland Security of the may transfer any amounts in the Fund to (1) determine whether and to what extent House of Representatives.’’. any other department or agency represented the expansion of the responsibilities of the SEC. 18. CERTIFICATION OF NOTICES AND INFOR- on the Committee for the purpose of address- Committee on Foreign Investment in the MATION. ing emerging needs in carrying out activities United States pursuant to the amendments Section 721(n) of the Defense Production under this section. Amounts so transferred made by this Act necessitates additional re- Act of 1950 (50 U.S.C. 4565(n)) is amended— shall be in addition to any other amounts sources for the Committee and members of (1) by redesignating paragraphs (1) and (2) available to that department or agency for the Committee to perform their functions as subparagraphs (A) and (B), respectively, that purpose.’’. under section 721 of the Defense Production and by moving such subparagraphs, as so re- SEC. 20. CENTRALIZATION OF CERTAIN COM- Act of 1950, as amended by this Act; and designated, 2 ems to the right; MITTEE FUNCTIONS. (2) if the President determines that addi- (2) by striking ‘‘Each notice’’ and inserting Section 721 of the Defense Production Act tional resources are necessary, include in the the following: of 1950 (50 U.S.C. 4565), as amended by section budget of the President for fiscal year 2019 ‘‘(1) IN GENERAL.—Each notice’’; and 19, is further amended by adding at the end submitted to Congress under section 1105(a) (3) by adding at the end the following: the following: of title 31, United States Code, a request for ‘‘(2) EFFECT OF FAILURE TO SUBMIT.—The ‘‘(p) CENTRALIZATION OF CERTAIN COM- such additional resources. Committee may not complete a review under MITTEE FUNCTIONS.— SEC. 25. AUTHORIZATION FOR DEFENSE AD- this section of a covered transaction and ‘‘(1) IN GENERAL.—The chairperson, in con- VANCED RESEARCH PROJECTS may recommend to the President that the sultation with the Committee, may cen- AGENCY TO LIMIT FOREIGN ACCESS President suspend or prohibit the trans- tralize certain functions of the Committee TO TECHNOLOGY THROUGH CON- action or require divestment under sub- within the Department of the Treasury for TRACTS AND GRANT AGREEMENTS. section (d) if the Committee determines that the purpose of enhancing interagency coordi- (a) IN GENERAL.—The Director of the De- a party to the transaction has— nation and collaboration in carrying out the fense Advanced Research Projects Agency, or ‘‘(A) failed to submit a statement required functions of the Committee under this sec- a designee of the Director, may include in by paragraph (1); or tion. any contract or grant agreement that the ‘‘(B) included false or misleading informa- ‘‘(2) FUNCTIONS.—Functions that may be Director enters into with a person, and that tion in a notice or information described in centralized under paragraph (1) include mon- is funded by that Agency, a provision that— paragraph (1) or omitted material informa- itoring non-notified and non-declared trans- (1) limits access by any foreign person to tion from such notice or information. actions pursuant to subsection (b)(1)(H), and technology that is the subject of the con- ‘‘(3) APPLICABILITY OF LAW ON FRAUD AND other functions as determined by the chair- tract or grant agreement under terms de- FALSE STATEMENTS.—The Committee shall person and the Committee. fined by the Director, including by limiting prescribe regulations expressly providing for ‘‘(3) RULE OF CONSTRUCTION.—Nothing in such access to specific periods of time; and the application of section 1001 of title 18, this section shall be construed as limiting (2) in a case in which the person violates United States Code, to all information pro- the authority of any department or agency the prohibition described in paragraph (1), vided to the Committee under this section by represented on the Committee to represent requires the person to return all amounts any party to a covered transaction.’’. its own interests before the Committee.’’. that the person received from the Agency SEC. 19. FUNDING. SEC. 21. UNIFIED BUDGET REQUEST. under the contract or grant agreement. Section 721 of the Defense Production Act Section 721 of the Defense Production Act (b) TREATMENT OF RETURNED FUNDS.—Any of 1950 (50 U.S.C. 4565) is amended by adding of 1950 (50 U.S.C. 4565), as amended by sec- amounts returned to the Defense Advanced at the end the following: tions 19 and 20, is further amended by adding Research Projects Agency under subsection ‘‘(o) FUNDING.— at the end the following: (a)(2) shall be credited to the same appro- ‘‘(1) ESTABLISHMENT OF FUND.—There is es- ‘‘(q) UNIFIED BUDGET REQUEST.— priations account from which payment of tablished in the Treasury of the United ‘‘(1) IN GENERAL.—The President may in- such amounts was originally made under the States a fund, to be known as the ‘Com- clude, in the budget of the Department of the contract or grant agreement described in mittee on Foreign Investment in the United Treasury for a fiscal year (as submitted to subsection (a). States Fund’ (in this subsection referred to Congress with the budget of the President (c) EXERCISE OF AUTHORITY.—The Director, as the ‘Fund’). under section 1105(a) of title 31, United or the designee of the Director, may exercise ‘‘(2) APPROPRIATION OF FUNDS FOR THE COM- States Code), a unified request for funding of the authority provided by this section with- MITTEE.—There are authorized to be appro- all operations under this section conducted out the need for further approval by, or regu- priated to the Fund such sums as may be by some or all of the departments and agen- latory implementation within, the Depart- necessary to perform the functions of the cies represented on the Committee. ment of Defense. Committee. ‘‘(2) FORM OF BUDGET REQUEST.—A unified SEC. 26. EFFECTIVE DATE. ‘‘(3) FILING FEES.— request under paragraph (1) should be de- (a) IMMEDIATE APPLICABILITY OF CERTAIN ‘‘(A) IN GENERAL.—The Committee may as- tailed and include the amounts requested for PROVISIONS.—The following shall take effect sess and collect a fee in an amount deter- each department or agency represented on on the date of the enactment of this Act and

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.018 S08NOPT1 S7118 CONGRESSIONAL RECORD — SENATE November 8, 2017 apply with respect to any covered trans- Mrs. FEINSTEIN. Mr. President, for friends and loved ones were massacred action the review or investigation of which the last month, in the wake of the in Orlando. Victims in Orlando in- is initiated under section 721 of the Defense tragedy in Las Vegas, I have been ask- cluded 22-year old Luis Velma who was Production Act of 1950 on or after such date ing my colleagues to show some cour- working at Universal Studios on a of enactment: (1) Sections 4, 6, 8, 12, 13, 14, 15, 18, 20, 21, age, stand up to the gun lobby, and Harry Potter ride. There was also 22, 24, and 25 and the amendments made by take weapons of war off of our streets. Eddie Justice, a 30-year old accountant those sections. Now, we have all had to bear witness who texted his mother from the shoot- (2) Section 11 and the amendments made to another tragedy. Three days ago, in ing, telling her: ‘‘Mommy I love you.’’ by that section (except for clause (iii) of sec- Sutherland Springs, Texas, a single ‘‘In club they shooting.’’ ‘‘He has us.’’ tion 721(b)(4)(A) of the Defense Production person armed with an assault rifle I encourage every member of this Act of 1950, as added by section 11). murdered 26 people and left another 20 chamber to imagine receiving those (3) Paragraphs (5)(C)(iv), (7), and (14) of injured. This gunman walked into a subsection (a) of section 721 of the Defense text messages from their son or daugh- church and opened fire on peaceful ter. Production Act of 1950, as amended by sec- churchgoers, including children as tion 3. young as 18-months old. A helpless tod- And just six months before that, 14 (4) Section 721(m)(4) of the Defense Produc- people were killed and more than 20 in- tion Act of 1950, as amended by section 17. dler who barely learned to walk. Eight (b) DELAYED APPLICABILITY OF CERTAIN members of a single family were also jured in San Bernardino, California at PROVISIONS.— lost. Eight. a work holiday party. (1) IN GENERAL.—Any provision of or The shooter had 15 magazine clips of Among the victims was a father of amendment made by this Act not specified in ammunition—almost 450 rounds—and six. A mother of three. A woman who subsection (a) shall— used all of them. Ask yourself: how was eight when she and her mother left (A) take effect on the date that is 30 days would you feel in those moments, with after publication in the Federal Register of a Vietnam for a better life in America. determination by the chairperson of the hundreds of bullets flying around and The youngest victim was 26, and the Committee on Foreign Investment in the not knowing whether you will live or oldest was 60. United States that the regulations, organiza- die, or whether you will be able to pro- The list goes on and on. Eight mur- tional structure, personnel, and other re- tect your child? Think about those dered at the Umpqua Community Col- sources necessary to administer the new pro- children—terrified, witnessing their lege in Roseburg, Oregon. A police offi- visions are in place; and families being shot while in a place of cer and two innocent citizens brutally (B) apply with respect to any covered worship. It is time that we ask what transaction the review or investigation of murdered by a man with an AK–47 style this says about us as a country. And weapon in Colorado Springs. In 2013, 12 which is initiated under section 721 of the what does this say about us to the rest Defense Production Act of 1950 on or after people fatally shot at the Navy Yard, the date described in subparagraph (A). of the world. less than two miles from where I stand In 1996, after a mass shooting where a (2) NONDELEGATION OF DETERMINATION.— today. And on December 14, 2012, 20 gunman opened fire on tourists at the The determination of the chairperson of the children had their lives taken at Sandy sea side in Port Arthur, killing 35 peo- Committee on Foreign Investment in the Hook Elementary School. Children. United States under paragraph (1)(A) may ple, Australia acted swiftly. Twelve not be delegated. days later, Australia’s government en- Once again, I encourage every mem- (c) AUTHORIZATION FOR PILOT PROGRAMS.— acted sweeping gun control measures. ber of this body to imagine dropping (1) IN GENERAL.—Beginning on the date of Since then, there has not been a single their young child off at elementary the enactment of this Act and ending on the mass shooting in that country since. school this morning, only to learn a date described in subsection (b)(1)(A), the few hours later that a gunman walked Committee on Foreign Investment in the Mass shootings in America, however, United States may, at its discretion, conduct have become common place. It is no into that school and tried to kill as one or more pilot programs to implement longer a matter of if, but when, an- many people as possible. That is some- any authority provided pursuant to any pro- other one will happen. thing we could have prevented. But we vision of or amendment made by this Act not If there are now mass shootings in did not. Instead, we have made it easier specified in subsection (a). churches, where are we safe anymore? for those with mental health issues to (2) PUBLICATION IN FEDERAL REGISTER.—A Not concerts, not schools, not holiday get guns. I often remember Sandy pilot program may not commence until the parties. Just a month ago, we experi- Hook and think about how we let these date that is 30 days after publication in the enced the worst mass shooting in our families down. We failed them. And Federal Register of a determination by the sadly, the mass shootings have contin- chairperson of the Committee of the scope of nation’s history in Las Vegas. A gun- and procedures for the pilot program. That man opened fire with multiple semi- ued to get worse in terms of frequency determination may not be delegated. automatic assault rifles that he had le- and lives lost. And I will not sit by SEC. 27. SEVERABILITY. gally transformed into automatic while these killings continue. If any provision of this Act or an amend- weapons, killing more than fifty people That is why today I am joining with ment made by this Act, or the application of and leaving more than 500 wounded. my colleagues to reintroduce legisla- such a provision or amendment to any per- Among the victims were mothers, fa- son or circumstance, is held to be invalid, tion to prohibit the sale, transfer, man- thers, brothers, and sisters. ufacture, and importation of assault the application of that provision or amend- There was Kelsey Meadows, 28 years ment to other persons or circumstances and weapons and large capacity ammuni- the remainder of the provisions of this Act old, who after graduating from the Uni- tion feeding devices that can accept and the amendments made by this Act, shall versity of California, Fresno, returned more than ten rounds. I will keep doing not be affected thereby. to her hometown of Taft, California to this. This legislation must constantly be a substitute teacher at her alma be before this body until it is enacted. By Mrs. FEINSTEIN (for herself, mater, Taft Union High School. She Every member must make a decision Mr. BLUMENTHAL, Mr. MURPHY, was described by the high school prin- whether to stand up or let the National Mr. SCHUMER, Mr. DURBIN, Mrs. cipal as ‘‘smart, compassionate, and Rifle Association win again. MURRAY, Mr. REED, Mr. CAR- kind’’ with a ‘‘sweet spirit and a love PER, Mr. MENENDEZ, Mr. for children.’’ Her entire family and This legislation is not perfect. But it CARDIN, Ms. KLOBUCHAR, Mr. community was completely devastated. is part of the solution. We must start WHITEHOUSE, Mrs. GILLIBRAND, Kelsey could have been any of us at- with reducing the supply of the weap- Mr. FRANKEN, Mr. SCHATZ, Ms. tending that concert. My own daughter ons of war that are used to take the HIRONO, Ms. WARREN, Mr. MAR- told me after the Las Vegas shooting lives of our loved ones. KEY, Mr. BOOKER, Mr. VAN HOL- that she was supposed to be in the city The deadly assault weapons used by LEN, Ms. DUCKWORTH, Ms. HAR- that evening, but her plans had to the attackers in each of the dev- RIS, Mr. CASEY, and Mr. SAND- change. It was only a little more than astating shootings I have mentioned ERS): a year before the Las Vegas shooting would have been banned under the As- S. 2095. A bill to regulate assault that we experienced what had then sault Weapons Ban bill that I am intro- weapons, to ensure that the right to been the worst mass shooting in our ducing today. The new legislation is keep and bear arms is not unlimited, nation’s history. based off of legislation we previously and for other purposes; to the Com- That was when 49 people who were introduced following the horrific at- mittee on the Judiciary. enjoying an evening of dancing with tack committed against young school

VerDate Sep 11 2014 03:07 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.018 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7119 children in Newtown, Connecticut. It Finally, the bill allows local jurisdic- it was a bipartisan vote. I still believe will provide much needed fixes to the tions to use existing federal Byrne JAG that, at some point, Americans will law to keep our communities safer, grant money to support voluntary buy- come together and realize that we can while also protecting the rights of law- back programs for grandfathered as- be a nation that protects its people ful gun owners. sault weapons and large-capacity am- from the savagery of these weapons. Back when we enacted the 1994 legis- munition feeding devices. I urge my colleagues to support this lation, that law prohibited semiauto- Opponents charge that this legisla- bill. I thank the chair, and I yield the matic weapons with a detachable mag- tion impinges upon rights protected by floor. azine and at least two military charac- the Second Amendment. I disagree. teristics. The bill we are introducing The Supreme Court expressly held in f today tightens this test to prohibit District of Columbia v. Heller that SUBMITTED RESOLUTIONS semiautomatic rifles, handguns, and ‘‘the right secured by the Second shotguns that can accept a detachable Amendment is not unlimited.’’ The magazine and have one military char- Court made it clear that reasonable SENATE RESOLUTION 324—DESIG- acteristic. This is the standard em- regulations are allowable under the NATING NOVEMBER 9, 2017, AS ployed in my home state of Cali- Constitution. ‘‘NATIONAL DIABETES HEART fornia—and it works. This bill is simply establishing rea- HEALTH AWARENESS DAY’’, CO- Based on the 10 years of experience sonable regulations for what types of INCIDING WITH AMERICAN DIA- from the 1994 law, we learned that the weapons may be sold and used—individ- BETES MONTH ‘‘two-characteristic’’ test was too easy uals should not own a nuclear weapon, to ‘‘work around’’: a manufacturer they should not own a rocket launcher, Mr. NELSON (for himself and Mr. could simply remove one of the charac- and they should not own a military- RUBIO) submitted the following resolu- teristics, and the firearm was legal. style assault weapon. tion; which was considered and agreed The bill we are introducing today will In fact, a number of courts have con- to: close that loophole. The bill also pro- sidered challenges to assault weapons S. RES. 324 hibits ‘‘bullet buttons’’, a feature that bans. To date, every court that has Whereas 30,300,000 people in the United certain manufacturers developed to considered a ban on assault weapons or States, or 9.4 percent of the population, have evade restrictions on detachable am- large capacity magazines has upheld diabetes, including an estimated 7,200,000 munition magazines. In San the law as reasonable. people who are undiagnosed and an addi- Bernardino, the assault rifles origi- In fact, the D.C. Circuit, the Second tional 84,100,000 people who have prediabetes; nally contained ‘‘bullet buttons’’ for Circuit, the Fourth Circuit, the Sev- Whereas adults with diabetes are 2 to 4 times more likely to die from heart disease their magazine clips—which enabled enth Circuit, the Ninth Circuit, as well than adults without diabetes; them to avoid California’s assault as a number of federal district courts Whereas at least 68 percent of people who weapons ban. Our bill contains lan- have all upheld laws like the one we are 65 or older and who have diabetes die guage to close this loophole. are proposing. from some form of heart disease; This bill also prohibits ‘‘bump-fire Importantly, the Supreme Court let Whereas, among Medicare fee-for-service stocks’’, which, as we saw in Las stand the ruling out of the Seventh beneficiaries, diabetes and cardiovascular Vegas, allows individuals to convert Circuit upholding a local ban on as- disease are common, with cardiovascular dis- semi-automatic rifles to function like sault weapons and high capacity maga- ease affecting 31 percent of beneficiaries and a machine gun. zines from the City of Highland Park, diabetes affecting 28 percent of beneficiaries; Whereas the American Heart Association Other changes to the 1994 bill include Illinois. considers diabetes to be 1 of the 7 major con- updating the list of specifically-named Mr. President, I believe very strongly trollable risk factors for cardiovascular dis- military-style firearms that are pro- that the most important duty that gov- ease; hibited, to account for new models de- ernment has to its citizens is to pro- Whereas minority populations are dis- veloped since 1994; prohibiting semi- tect the nation and the safety of its proportionately affected by both cardio- automatic rifles and handguns with a people. vascular disease and diabetes; fixed magazine that can accept more When 26 churchgoers are killed in Whereas findings from a recent study re- than 10 rounds; adding a ban on the im- cold blood with their loved ones in a veal that 52 percent of adults living with type 2 diabetes are unaware they are at an portation of assault weapons and large- Baptist Church on a Sunday morning, increased risk for cardiovascular disease and capacity magazines; and eliminating we fail them by not making sure that complications from cardiovascular disease; the 10-year sunset that allowed the they can worship in peace. Whereas 2 out of 3 deaths in people with original law to expire. Importantly, When 58 people attending a concert type 2 diabetes are attributed to cardio- our legislation also prohibits large-ca- in Las Vegas lose their lives because a vascular disease; pacity ammunition feeding devices ca- madman was able to use laws on the Whereas obesity, poor diet, and lack of pable of accepting more than 10 rounds. books to make his semi-automatic rifle physical activity are all major risk factors Now, let me tell you what the bill into a machinegun, all of those who sit for type 2 diabetes and cardiovascular dis- will not do. in this chamber have failed them. ease; Whereas 1,250,000 people in the United It will not affect hunting or sporting When 14 people are gunned down dur- States have type 1 diabetes and the incidence firearms. Instead, the bill protects ing a holiday party by those with as- of type 1 diabetes is increasing by more than hunters and sportsmen by exempting sault rifles that let off 65–75 rounds an average of 2 percent each year; 2,258 firearms used for hunting or within minutes, our government has Whereas cardiovascular disease is a major sporting purposes and exempting an- failed them. cause of mortality for people with type 1 dia- tique, manually-operated, and perma- When 20 elementary school children betes; nently disabled weapons. The bill pro- are slaughtered by an assault weapon, Whereas, according to the American Diabe- tects the rights of existing gun owners America has failed them. tes Association, diagnosed and undiagnosed The firearms used in these massacres diabetes cost the United States by grandfathering weapons legally pos- $322,000,000,000 in 2012; sessed on the date of enactment. The are weapons of war. Let me say it as Whereas cardiovascular disease accounts bill also imposes a safe storage require- plainly as I can: weapons of war do not for 26 percent of the hospital inpatient costs ment for grandfathered firearms to en- belong on our streets, in our churches, of treating people with diabetes; sure they don’t get into the hands of in our schools, in our malls, in our the- Whereas most of the costs of diabetes, 62 people who would be prohibited from aters, or in our workplaces. percent, is provided by government insur- possessing them. Now, I am under no illusions—I know ance, including Medicare, Medicaid, and the While the bill permits the continued that the gun lobby has a stranglehold military; possession of high-capacity ammuni- on this building. I know we got 40 votes Whereas appropriate awareness and edu- cation about the cardiovascular risks associ- tion magazines that are legally pos- in 2013, and I know Republicans control ated with diabetes can effectively reduce the sessed on the date of enactment, it the Senate today. But I also know this health and financial burden of illness; and would ban the future transfer of these was hard-fought in 1994, and we pre- Whereas the designation of November 9, magazines. vailed—with Republican support—and 2017, as ‘‘National Diabetes Heart Health

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.023 S08NOPT1 S7120 CONGRESSIONAL RECORD — SENATE November 8, 2017 Awareness Day’’ and coinciding with Amer- AUTHORITY FOR COMMITTEES TO COMMITTEE ON THE JUDICIARY ican Diabetes Month, will raise public aware- MEET The Committee on the Judiciary is ness about the specific risks of heart disease authorized to meet during the session for people with diabetes and help to ensure Mr. MCCONNELL. Mr. President, I people at risk receive a timely diagnosis and have 6 requests for committees to meet of the Senate on Wednesday, November proper treatment: Now, therefore, be it during today’s session of the Senate. 8, 2017, at 10 a.m., in room SD–226 to Resolved, That the Senate— They have the approval of the Majority conduct a hearing entitled ‘‘The Im- (1) designates November 9, 2017, as ‘‘Na- and Minority leaders. pact of Lawsuits Abuse on American tional Diabetes Heart Health Awareness Pursuant to rule XXVI, paragraph Small Businesses and Job Creators.’’ Day’’; COMMITTEE ON INDIAN AFFAIRS (2) supports the efforts of the Secretary of 5(a), of the Standing Rules of the Sen- Health and Human Services, as well as the ate, the following committees are au- The Committee on Indian Affairs is entire medical community, to educate people thorized to meet during today’s session authorized to meet during the session about the risks, symptoms, and treatment of of the Senate: of the Senate on Wednesday, November diabetes to include comorbid cardiovascular COMMITTEE ON COMMERCE, SCIENCE, AND 8, 2017, at 2:30 p.m., in room SD–628 to diseases and risk factors; TRANSPORTATION conduct a hearing on S. 465, ‘‘Inde- (3) encourages the greater coordination of The Committee on Commerce, pendent Outside Audit of Indian Health federally funded efforts that address diabetes Service Act of 2017’’ and S. 1400. ‘‘Safe- or cardiovascular disease independently to Science, and Transportation is author- incorporate the common comorbidity of dia- ized to meet during the session of the guarding Tribal Objects of Patrimony betes and cardiovascular disease, including Senate on Wednesday, November 8, Act of 2017’’. education and actions that address both; and 2017, at 9:45 a.m., to conduct a hearing SUBCOMMITTEE ON AFRICA AND GLOBAL HEALTH (4) respectfully requests that the Secretary on the following nominations: Dana POLICY of the Senate transmit a copy of this resolu- Baiocco, of Ohio, to be a Commissioner The Subcommittee on Africa and tion to the Secretary of Health and Human of the Consumer Product Safety Com- Global Health Policy of the Committee Services. mission, James Bridenstine, of Okla- on Foreign Relations is authorized to f homa, to be Administrator of the Na- meet during the session of the Senate SENATE RESOLUTION 325—EX- tional Aeronautics and Space Adminis- on Wednesday, November 8, 2017, at 3 PRESSING SUPPORT FOR DES- tration, Neil Jacobs, of North Carolina, p.m. to conduct a closed hearing on IGNATION OF THE WEEK OF OC- and Nazakhtar Nikakhtar, of Mary- Ambassador Haley’s Recent Trip to Af- TOBER 29 THROUGH NOVEMBER land, both to be an Assistant Secretary rica. 4, 2017, AS ‘‘NATIONAL OBESITY of Commerce, Bruce Landsberg, of f CARE WEEK’’ South Carolina, to be a Member of the PRIVILEGES OF THE FLOOR Mr. CARPER (for himself, Mrs. CAP- National Transportation Safety Board, ITO, and Mr. HEINRICH) submitted the Raymond Martinez, of New Jersey, to Mr. FRANKEN. Mr. President, I ask following resolution; which was consid- be Administrator of the Federal Motor unanimous consent that my energy ered and agreed to: Carrier Safety Administration, and policy fellow, Shuchi Talati, be grant- S. RES. 325 Diana Furchtgott-Roth, of Maryland, ed floor privileges for the remainder of Whereas the disease of obesity is a major to be an Assistant Secretary, both of this Congress. source of concern across the United States, the Department of Transportation, and The PRESIDING OFFICER. Without and more than 1⁄3 of adults in the United Leon A. Westmoreland, of Georgia, to objection, it is so ordered. States are affected by obesity, with the num- be a Director of the Amtrak Board of Mr. MERKLEY. Mr. President, I ask ber of people affected by severe obesity in Directors; to be immediately followed unanimous consent that my intern the United States continuing to grow; by a hearing to examine protecting Zach Foote be granted privileges of the Whereas experts and researchers agree that consumers in the era of major data floor for the remainder of the day. obesity is a complex disease influenced by breaches. The PRESIDING OFFICER. Without various physiological, environmental, and genetic factors; COMMITTEE ON COMMERCE, SCIENCE, AND objection, it is so ordered. Whereas studies show that bias against and TRANSPORTATION Mr. GARDNER. Mr. President, I ask stigma associated with people affected by The Committee on Commerce, unanimous consent that Tom Kourlis, obesity can be significant barriers to effec- Science, and Transportation is author- a member of my staff, be given floor tively treating the disease; ized to meet during the session of the privileges for the rest of the day. Whereas research suggests that weight loss Senate on Wednesday, November 8, The PRESIDING OFFICER. Without of as little as 5 to 10 percent of the total 2017, at 10 a.m., in room SD–106 to con- objection, it is so ordered. weight of an individual affected by obesity duct a hearing entitled ‘‘Protecting can improve the associated health risks af- f Consumers in the Era of Major Data fecting many patients living with obesity NATIONAL DIABETES HEART and can thereby support the goals of reduc- Breaches.’’ ing chronic disease, improving health out- COMMITTEE ON ENVIRONMENT AND PUBLIC HEALTH AWARENESS DAY comes, and controlling healthcare costs; WORKS Mr. MCCONNELL. Mr. President, I Whereas comprehensive and individualized The Committee on Environment and ask unanimous consent that the Sen- strategies for weight loss and weight man- Public Works is authorized to meet ate proceed to the immediate consider- agement that consider all treatment options, during the session of the Senate on ation of S. Res. 324, submitted earlier such as reduced-calorie diets, physical activ- ity modifications, pharmacotherapy, and Wednesday, November 8, 2017, at 10 today. bariatric surgery, have been identified as im- a.m., in room SD–406 to conduct a hear- The PRESIDING OFFICER. The portant components of treatment; ing on the following nominations: clerk will report the resolution by Whereas it will take a long-term collabo- Kathleen Hartnett White, of Texas, to title. rative effort, which will involve partners in be a Member of the Council on Envi- The senior assistant legislative clerk diverse fields taking active roles, to improve ronmental Quality, and Andrew Wheel- read as follows: obesity care and treatment; and er, of Virginia, to be Deputy Adminis- A resolution (S. Res. 324) designating No- Whereas the week of October 29 through trator of the Environmental Protection vember 9, 2017, as ‘‘National Diabetes Heart November 4, 2017, would be an appropriate Health Awareness Day,’’ coinciding with week to designate as ‘‘National Obesity Care Agency. American Diabetes Month. Week’’: Now, therefore, be it COMMITTEE ON HOMELAND SECURITY AND Resolved, That the Senate— GOVERNMENTAL AFFAIRS There being no objection, the Senate (1) supports the designation of the week of The Committee on Homeland Secu- proceeded to consider the resolution. October 29 through November 4, 2017, as ‘‘Na- rity and Governmental Affairs is au- Mr. MCCONNELL. Mr. President, I tional Obesity Care Week’’; and thorized to meet during the session of ask unanimous consent that the reso- (2) encourages all people in the United the Senate on Wednesday, November 8, lution be agreed to, the preamble be States to create a foundation of open com- munication to eliminate the misunder- 2017, at 10 a.m. to conduct a hearing on agreed to, and the motions to recon- standing and stigma regarding obesity and the nomination of Kirstjen Nielsen, of sider be considered made and laid upon to improve the lives of all individuals af- Virginia, to be Secretary of Homeland the table with no intervening action or fected by obesity and their families. Security. debate.

VerDate Sep 11 2014 03:07 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A08NO6.019 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7121 The PRESIDING OFFICER. Without FEDERAL AGENCY MAIL sent that it stand adjourned under the objection, it is so ordered. MANAGEMENT ACT OF 2017 previous order, following the remarks The resolution (S. Res. 324) was Mr. MCCONNELL. Mr. President, I of Senators Perdue and Merkley. agreed to. ask unanimous consent that the Sen- The PRESIDING OFFICER. Without The preamble was agreed to. ate proceed to the immediate consider- objection, it is so ordered. The Senator from Georgia. (The resolution, with its preamble, is ation of Calendar No. 250, H.R. 194. printed in today’s RECORD under ‘‘Sub- The PRESIDING OFFICER. The f mitted Resolutions.’’) clerk will report the bill by title. TAX REFORM f The senior assistant legislative clerk Mr. PERDUE. Mr. President, I say to read as follows: the Presiding Officer, like you, I am a EXPRESSING SUPPORT FOR DES- A bill (H.R. 194) to ensure the effective relative newcomer to this body. It is an IGNATION OF ‘‘NATIONAL OBE- processing of mail by Federal agencies, and enormous privilege and responsibility SITY CARE WEEK’’ for other purposes. to be a Member. Like you, I come from Mr. MCCONNELL. Mr. President, I There being no objection, the Senate the real world, spending a career where ask unanimous consent that the Sen- proceeded to consider the bill. your word is your bond, and telling un- ate proceed to the immediate consider- Mr. MCCONNELL. I ask unanimous truth is not rewarded. Unfortunately, ation of S. Res. 325, submitted earlier consent the bill be considered read a in this body, sometimes that is not the today. third time and passed and the motion case, and both sides are guilty. What The PRESIDING OFFICER. The to reconsider be considered made and Americans are demanding right now is clerk will report the resolution by laid upon the table. a change in the status quo, not only in title. The PRESIDING OFFICER. Without this body but in Washington and in its The senior assistant legislative clerk objection, it is so ordered. entirety. read as follows: The bill (H.R. 194) was ordered to a Tonight I want to talk about some of A resolution (S. Res. 325) expressing sup- third reading, was read the third time, the things that have happened in this port for designation of the week of October and passed. body. I know both sides are guilty, but 29 through November 4, 2017, as ‘‘National f these are a couple of examples that I Obesity Care Week.’’ think rise above the norm and are so There being no objection, the Senate ORDER OF PROCEDURE egregious that I could not let them proceeded to consider the resolution. Mr. MCCONNELL. Mr. President, I stand. Mr. MCCONNELL. Mr. President, I ask unanimous consent that notwith- Right now, Members of the minority ask unanimous consent that the reso- standing rule XXII, at 11 a.m. on party and their friends in the media lution be agreed to, the preamble be Thursday, November 9, there be 30 min- are doing everything they can to stop agreed to, and the motions to recon- utes of postcloture time remaining on us from changing the Tax Code this sider be considered made and laid upon the Wehrum nomination, equally di- year. Their complaint about healthcare the table with no intervening action or vided between the leaders or their des- was that we weren’t doing it in regular debate. ignees, and that following the use or order. Now we are doing tax reform in The PRESIDING OFFICER. Without yielding back of that time, the Senate regular order. The bill that we are objection, it is so ordered. vote on the confirmation of the working on in the Senate will go to The resolution (S. Res. 325) was Wehrum nomination; that if confirmed, committee as soon as next week. It will agreed to. the motion to reconsider be considered be marked up with amendments from The preamble was agreed to. made and laid upon the table and the both sides. At the right time, it will (The resolution, with its preamble, is President be immediately notified of then go to this floor, and we will have printed in today’s RECORD under ‘‘Sub- the Senate’s action; further, that fol- amendments—again, from both sides— mitted Resolutions.’’) lowing disposition of the Wehrum nom- and we will vote that bill, up or down, ination, the Senate stand in recess into law or not. But Members on the f until 1:45 p.m., and that at 1:45 p.m., other side are actively spreading num- FITARA ENHANCEMENT ACT OF the Senate vote on the motion to in- bers in studies that are based on false 2017 voke cloture on the Kan nomination assumptions and have been proven to with no intervening action or debate. be untrue. I want to highlight a couple Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without tonight, but there are many others. ask unanimous consent that the Sen- objection, it is so ordered. On Monday, the Tax Policy Center ate proceed to the immediate consider- f released a study saying that the House ation of H.R. 3243, which was received plan, which was released last week, to from the House. ORDERS FOR THURSDAY, change the Tax Code would raise taxes The PRESIDING OFFICER. The NOVEMBER 9, 2017 on 25 percent of American families. The clerk will report the bill by title. Mr. MCCONNELL. Mr. President, I minority leader said this on that day: The senior assistant legislative clerk ask unanimous consent that when the This analysis makes clear that over one read as follows: Senate completes its business today, it quarter of taxpayers will see a tax increase A bill (H.R. 3243) to amend title 40, United adjourn until 9:30 a.m., Thursday, No- under the Republican plan, all in the name of States Code, to eliminate the sunset of cer- vember 9; further, that following the giveaways for the wealthiest Americans and tain provisions relating to information tech- biggest corporations. Republicans want to nology, to amend the National Defense Au- prayer and pledge, the morning hour be take away middle class deductions for people thorization Act for Fiscal Year 2015 to ex- deemed expired, the Journal of pro- with student loan interest and medical ex- tend the sunset relating to the Federal Data ceedings be approved to date, the time penses so that the rich can exploit bigger Center Consolidation Initiative, and for for the two leaders be reserved for their loopholes and corporations can pay lower other purposes. use later in the day, and morning busi- taxes. There being no objection, the Senate ness be closed; further, that following That study by the Tax Policy Center proceeded to consider the bill. leader remarks, the Senate proceed to didn’t even survive a full day. It was Mr. MCCONNELL. I ask unanimous executive session and resume consider- retracted later that afternoon. It is not consent that the bill be considered read ation of the Wehrum nomination. even publicly available online today to a third time and passed and the motion The PRESIDING OFFICER. Without review any longer. Do you know what to reconsider be considered made and objection, it is so ordered. is, though? The statements that came laid upon the table. f out of that report that day—false The PRESIDING OFFICER. Without statements, just like the one I just objection, it is so ordered. ORDER FOR ADJOURNMENT gave, and many others highlighting The bill (H.R. 3243) was ordered to a Mr. MCCONNELL. Mr. President, if that this study was reality. Maybe third reading, was read the third time, there is no further business to come be- even worse is that these are false sto- and passed. fore the Senate, I ask unanimous con- ries that are still running through the

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.066 S08NOPT1 S7122 CONGRESSIONAL RECORD — SENATE November 8, 2017 media, as if they were true, as if they giving the middle class a tax break? nominees. Our forefathers, who wrote were facts. Why would someone oppose making the Constitution, envisioned that this The website Vox posted a story about America competitive again? Why power would be used rarely because a this study titled, ‘‘The numbers are in, would someone oppose bringing billions President, knowing this power existed, and House Republican tax bill raises of dollars of U.S. profits back to the would nominate highly suitable people taxes on nearly a third of Americans.’’ United States so that they can be rein- for the post that they were intended to Surely, they posted an update saying vested in the economy and create jobs? occupy. But we haven’t seen highly that the study has been retracted. I don’t understand it. suitable people coming through this They say that they will update the It is time for people in Washington, Chamber this year. In fact, we have story once new numbers are released. and even in this body, to stop doing seen one person after another fabu- In the meantime, this headline and this what is best for their own political self- lously unsuited for the office or posi- story are still in existence as if they interest on both sides, frankly, and tion to which they were nominated. were still true. Why wouldn’t they take start doing what is right for the na- We saw Scott Pruitt, who took on down the story? Why wouldn’t they tional interest. That right now—in the and attacked regulations designed to change the headline until new numbers next few days—is clearly one thing, create clean air across this country are available? and that is fixing this archaic Tax time after time, in a very close asso- I wish this were a single, discredited Code. ciation with the fossil fuel industry study we are talking about and that Every person in this body is respon- that wanted to allow more particu- this were the only time something like sible to some degree for the archaic na- lates, more particulates that cause a this has happened since we started to ture of this Tax Code. Both parties are tremendous amount of health damage have this debate about changing the responsible. If they were acting in our in this country. Tax Code and making America com- national interest, we would be hearing We saw Betsy DeVos come through petitive again. Unfortunately, it is not. about the study showing that, on aver- this Chamber, an individual who was Multiple Members of the minority age, Americans are projected to get a nominated to be Secretary of Public party said that the tax framework sup- pay increase of somewhere between Education but had never stepped inside ported by President Trump would raise $4,000 and $9,000 under this plan. We a public school, didn’t respect public taxes on families earning less than would be hearing about how families schools, hadn’t had children in public $86,000 per year. One of my colleagues making less than $86,000 a year are ac- schools, hadn’t volunteered in public said: ‘‘On average, middle class fami- tually getting a tax cut. Again, that is schools, and wanted to decimate public lies earning less than $86,000 will see a a point even the Washington Post has schools. The best thing we could have tax increase under the Republican ‘tax acknowledged. done for public schools would have reform’ plan.’’ We would be hearing about how low- been to turn down that nomination, Another colleague said: ‘‘The average ering the corporate tax rate, ending but this Chamber said: Boy, you know, tax increase on families nationwide the tax on repatriated earnings will we are going to do everything we can earning up to $86,100 would be $794.00 make us more competitive with the to damage public education. per year.’’ rest of the world. We would be hearing Many of us stood up against that and Here is another one: ‘‘The average about the economic growth that could said: No, let’s fight for someone who tax increase on families nationwide result from these potential changes. can make public education better, not earning up to $86,100 would be $794.’’ We have a historic opportunity be- tear it down. But that is not what we You begin to think that there is a fore us to deliver results and make a got. common thread among many Members difference in the lives of all Americans. Now we have another individual to be in this body about this same story. There are Members of the minority considered on the floor of the Senate, This talking point is so wrong that party, however, who have supported Bill Wehrum. Bill Wehrum was nomi- even the Washington Post later that these changes in the Tax Code right up nated to head EPA’s Office of Air and day came out and said so. It gave this until the point when President Trump Radiation. Bill Wehrum has made a ca- claim four Pinocchios, which we all took office. But that is no excuse for reer out of working for powerful special know is their highest number against a this nonsense that is going on right interests and attacking any effort to falsity. That is the worst rating you now. make the air cleaner. Is that a person can get on their fact checking. I think it is our role, on both sides, suitable for this role of protecting the The Washington Post’s full ruling to call out these untruths. It is also air we breathe and making it better, said: our responsibility to stop this non- someone who has sought to make it Democrats have spread far and wide the sense. What the American people want worse? false claim that families making less than are facts. They don’t want fake news. During the nomination hearing, I put $86,100 on average will face a hefty tax hike. They want to know that we are here up a very simple chart. I wanted to un- Actually, it’s the opposite. Most families in doing their work for them, to make derstand his thoughts about what was that income range would get a tax cut. Any sure that we make America competi- driving climate disruption. I put up a Democrat who spread this claim should de- tive again. chart showing what NASA data showed lete their tweets and make clear they were I say to the Presiding Officer, like for the solar impact, solar flares, and in error. you, I live in the real world. I have so forth, about which sometimes people That is from the Washington Post. At dealt with the nonsense that came out say: Well, maybe it is solar flares that least one statement making this claim of these bodies that affected our Tax are causing the warming of the planet. is still up, and I haven’t seen a single Code in a way that kept us from being NASA had data that showed a flat line statement admitting error. These are competitive. It is time we change that. on that and then a rising temperature. but a couple of examples. There are We have to get it done this year so that I said: Is there any sign of correla- many more. we can ignite economic growth next tion between these two lines? As one last example, House Minority year and give relief to the middle class, His response was: Well, what do you Leader PELOSI has called changing the who have suffered so much over the mean? It is correlation. Tax Code ‘‘a Ponzi scheme.’’ Virtually last 8 years. He didn’t have any understanding of every Democrat has called it a ‘‘be- I yield the floor. the basics of how to compare one thing trayal of the middle class.’’ Clearly, The PRESIDING OFFICER. The Sen- to another. the facts do not back up these claims. ator from Oregon. I put up another chart. The other The minority party is doing all it can f chart showed all of the activities that to stop us from getting this done this are considered to be ones that might year because it makes good politics NOMINATION OF WILLIAM contribute to global warming, that are somehow. That is the only explanation WEHRUM not manmade activities, things like I can think of. Mr. MERKLEY. Mr. President, we the solar flares and volcanic activity. Answer this for me; it doesn’t make have a very important role in this Sen- Again, the NASA data showed a flat any sense: Why would someone oppose ate—to provide advice and consent on line and the rising temperature.

VerDate Sep 11 2014 02:15 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G08NO6.068 S08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — SENATE S7123 I said: Does there appear to be any 2006. So he has been there before. He quality of the air or the quality of our correlation between this flat line and adopted guidelines on mercury emis- water. This nomination is, certainly, a this rise in temperature? sions that had entire passages lifted test of that. He again said: I just don’t understand word for word from information that If my colleagues do care about the the data. I can’t really comment on had been provided by the industry. The quality of our air, they will act like that. industry did not want to regulate the their predecessors did back in 2006, and Yet anyone with any basic ability to mercury, and he just took its language they will reject this nomination. An in- digest information would recognize and said that that is what we will do, dividual who has betrayed the public that there was no correlation. You that we will do what industry says. He trust should not be confirmed to a posi- didn’t have two things moving in the was not working for the American peo- tion of public trust. same direction. ple. He was working for the powerful Thank you. Then I put up this chart right here. and the privileged. This chart shows that same tempera- Then he told an EPA staffer ‘‘not to f ture, observe the black line, and then undertake the normal scientific and it shows the line for rising carbon diox- economic studies’’ when crafting im- ADJOURNMENT UNTIL 9:30 A.M. ide. I said: Well, are these things cor- portant rules. He instructed his staff TOMORROW not to look at the scientific informa- related? The PRESIDING OFFICER (Mr. Do you see any relationship between tion when constructing rules. What did PERDUE). Under the previous order, the one line rising and the other line ris- he want them to look at? He wanted Senate stands adjourned until 9:30 a.m. ing? them to just take the language from tomorrow. Again, he refused to answer. industry. That is certainly not pro- How is it that we can put someone tecting the public interest. As the New Thereupon, the Senate, at 7:03 p.m., into a position who cannot even look York Times wrote, he has sought to adjourned until Thursday, November 9, at and comment on basic data, who has ‘‘elevate corporate interests above 2017, at 9:30 a.m. been a hired hand for the fossil fuel in- those of the public.’’ f dustry, who has fought to make our air This is not a position in a company. filthier and more damaging to our This is not a position in a corporation. CONFIRMATIONS health? This is a position of public trust. He That is the nominee we have, a nomi- has failed that test. In fact, he has Executive nominations confirmed by nee who has sued on behalf of very failed it so badly that, although he was the Senate November 8, 2017: powerful interests—the EPA, 31 nominated in 2006 when there was a Re- NATIONAL LABOR RELATIONS BOARD times—to try to degrade the controls publican majority in this Chamber, his PETER B. ROBB, OF VERMONT, TO BE GENERAL COUN- for things like mercury, which is a po- nomination was subsequently rejected SEL OF THE NATIONAL LABOR RELATIONS BOARD FOR A TERM OF FOUR YEARS. tent neurotoxin that damages the by the Senate. Back then, we had folks DEPARTMENT OF VETERANS AFFAIRS brains of, particularly, our children. who really, actually cared on both MELISSA SUE GLYNN, OF THE DISTRICT OF COLUMBIA, Why should we have somebody who sides of the aisle far more about air TO BE AN ASSISTANT SECRETARY OF VETERANS AF- wants more mercury in our air in this quality. Now it seems like the enor- FAIRS (ENTERPRISE INTEGRATION). CHERYL L. MASON, OF VIRGINIA, TO BE CHAIRMAN OF position to consider air quality? It, cer- mous amount of funding from the Koch THE BOARD OF VETERANS’ APPEALS FOR A TERM OF SIX tainly, does not make any sense to me. brothers for campaigns across the YEARS. He did have a chance to serve in this RANDY REEVES, OF MISSISSIPPI, TO BE UNDER SEC- country has squelched any consider- RETARY OF VETERANS AFFAIRS FOR MEMORIAL AF- position, in an acting capacity, back in ation from my colleagues about the FAIRS.

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HONORING DONALD E. ROSPERT, Emil, Nick, Jacob Jr., William, Robert, Earl, Society, and the East Chicago Urban Enter- OHIO VETERANS HALL OF FAME Edward, George, and Richard Jerikovsky all prise Academy, to name a few. For his lifetime INDUCTEE have the distinction of being a part of a re- of dedication to the community of Northwest markable feat in U.S. military history. It is un- Indiana, Joseph is worthy of the highest HON. JIM JORDAN precedented to have nine siblings from one praise. Joseph’s commitment to the community and OF OHIO family serve our country in the United States’ Armed Forces, and this feat speaks to their his career is exceeded only by his devotion to IN THE HOUSE OF REPRESENTATIVES family’s patriotism and selflessness. his amazing family. He and his beloved wife, Wednesday, November 8, 2017 These nine first generation Americans were Aurelia, have four children, eight grand- Mr. JORDAN. Mr. Speaker, the Ohio Vet- all proud members of VFW Post No. 295 in children, and two great-grandchildren. erans Hall of Fame will hold a ceremony in South Saint Paul, Minnesota. The Jerikovsky Mr. Speaker, I ask that you and my other Dublin on November 9 to mark the induction brothers have made a positive impact on our distinguished colleagues join me in com- of its 2017 class. I am honored to commend community, state, and country, and we are for- mending the members of the Asian American to the House one of these inductees: Donald tunate to have such selfless citizens who Medical Association, as well as this year’s E. Rospert of Bellevue. make sacrifices to protect our freedoms. Crystal Globe Award recipient, Mr. Joseph Co- A graduate of Norwalk’s St. Paul High I know that the Jerikovsky brothers’ legacy stanza. For his devotion to his remarkable ca- School and of Bowling Green State University, of service to country and fellow man will in- reer and his outstanding service to the com- Mr. Rospert is a Marine Corps veteran of the spire all Minnesotans and Americans. munity of Northwest Indiana and beyond, Jo- Vietnam War. He speaks regularly at area f seph is most deserving of the honor bestowed schools to share his experiences in Vietnam upon him and serves as an inspiration to us and instruct students on proper flag etiquette ASIAN AMERICAN MEDICAL all. and display. He also participates in the color ASSOCIATION 41ST ANNUAL GALA f guard during Bellevue High School’s home OPPOSING H.R. 2936, THE RESIL- football games. HON. PETER J. VISCLOSKY IENT FEDERAL FORESTS ACT He and his brother, Kenn, cofounded the OF INDIANA Wounded Soldiers Fund in 2005 to help local IN THE HOUSE OF REPRESENTATIVES families with loved ones injured in Iraq or Af- HON. SUZANNE BONAMICI Wednesday, November 8, 2017 OF OREGON ghanistan. The fund has aided more than a IN THE HOUSE OF REPRESENTATIVES dozen area families. Mr. VISCLOSKY. Mr. Speaker, it is with sin- Donn and Kenn also designed, created, and cere admiration that I recognize the Asian Wednesday, November 8, 2017 secured funding for Bellevue’s Fallen Soldiers American Medical Association, which hosts its Ms. BONAMICI. Mr. Speaker, I rise today in Memorial, and were instrumental in bringing 41st Annual Gala on Saturday, November 11, opposition to H.R. 2936, the Resilient Federal The Wall That Heals (a traveling replica of the 2017, at Avalon Manor in Merrillville, Indiana. Forests Act of 2017. The fire season this year Vietnam Veterans Memorial) to Bellevue for Each year, the Asian American Medical Asso- was devastating in Oregon and across the display this year. ciation pays tribute to prominent, outstanding west. It destroyed forestland, reduced air qual- Mr. Rospert takes great pride in the work of citizens and organizations for their contribu- ity, and left a lasting mark on our commu- the local branch of Big Brothers and Big Sis- tions to the community. In recognition of their nities. Congress must increase funding for ters of America, with which he was affiliated efforts, these honorees are awarded the pres- wildfire suppression and fire prevention ac- for nearly two decades. He personally tigious Crystal Globe Award. tions on public lands. At the same time, Con- mentored several local youths and remains in The Asian American Medical Association gress can and must do this while maintaining contact with one to this day. has been a tremendous asset to Northwest In- foundational environmental laws. I cannot sup- Mr. Speaker, selection for the Hall of Fame diana. Its members have dedicated them- port this bill because it undermines the bed- is a high honor accorded to no more than 20 selves to providing quality medical services to rock science-based decision-making proc- Ohioans each year. To be considered for in- the residents of Northwest Indiana and have esses undertaken by land management agen- duction, individuals must not only serve the served their communities through many cul- cies, and would make it more difficult for nation honorably in the military but also reflect tural, scholastic, and charitable endeavors. states to receive federal funding for wildfire the high value of service to others in their At this year’s Annual Gala, the Asian Amer- disasters. post-military careers. ican Medical Association will present the Crys- I strongly support provisions in the bill that I am pleased to join in the accolades for Mr. tal Globe Award to one of Northwest Indiana’s would find new and innovative ways to use Donald E. Rospert and his outstanding record finest citizens, Mr. Joseph Costanza. Mr. Co- wood as a building material for tall wood build- of service as he is inducted into the Ohio Vet- stanza began practicing law after graduating ings. Cross-laminated timber and other inno- erans Hall of Fame. from the Northwestern University School of vative wood products create sustainable build- f Law in 1961. Throughout his illustrious career, ing materials, generate more value from tim- Mr. Costanza has served as counsel for many ber harvests, and translate into more jobs in HONORING THE SERVICE OF THE organizations including the East Chicago Eco- rural Oregon and around the country. JERIKOVSKY BROTHERS nomic Development and Redevelopment Com- This legislation does not do enough to help missions, East Chicago Parks Department, communities fund wildfire suppression. It in- HON. JASON LEWIS Ogden Dunes Parks Department, and the cludes a process that would slow local access OF MINNESOTA former American Trust and Savings Bank of to much-needed funds, and it calculates fund- IN THE HOUSE OF REPRESENTATIVES Whiting, Indiana. Mr. Costanza also served as ing without regard to true wildfire disaster special counsel for the Town of Ogden Dunes needs. I joined my colleague, Congressman Wednesday, November 8, 2017 and as general counsel for the former First SCHRADER, in submitting an amendment that Mr. LEWIS of Minnesota. Mr. Speaker, I rise National Bank of East Chicago, Indiana. would address these problems and increase today to recognize the service of the Mr. Costanza has volunteered much of his available funding for wildfire suppression. Un- Jerikovsky brothers of South Saint Paul, Min- time and efforts to numerous charitable and fortunately, the amendment was not accepted nesota. These nine brothers, the sons of civic organizations throughout the region, in- for floor consideration by the Rules Com- Jacob and Stephania Jerikovsky, served cluding Calumet College of Saint Joseph, the mittee. bravely in the United States’ Armed Forces East Chicago Chamber of Commerce, Saint I have heard from counties, families, teach- during World War II and the Korean War, all Catherine Hospital, the Community Foundation ers, and school administrators in forest coun- of them returning home safely to their family. of Northwest Indiana, the Indiana Historical ties in my district who have told me they will

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\K08NO8.001 E08NOPT1 E1530 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2017 face great hardship if they do not receive the higher minority levels, and 27 out of 42 tracts Orleans, Louisiana, where he served as a Ma- Secure Rural Schools payments they are have higher poverty levels than the state aver- rine Inspector and Investigator, Administrative owed. The last authorized Secure Rural age. Officer, and Training Officer. From 1987 to Schools payment was distributed in FY 2016. Natural gas has been touted as a bridge 1990, Mr. Skewes was an instructor and As- Earlier this year, I joined my colleague Con- fuel, but RCC argues that methane leakage sistant Chief, Marine Safety Schools, at the gresswoman CATHY MCMORRIS RODGERS in rates range from 3.8 percent to 12 percent, Reserve Training Center in Yorktown, Virginia, introducing bipartisan legislation to reauthorize with methane nearly 100 times more effective where he was instrumental in the development the program through FY 2017. I am frustrated at trapping heat in Earth’s atmosphere over a and review of all marine safety program resi- the majority did not use this opportunity to re- 20-year lifecycle. With the methane leakage dent training. He served as the Executive Offi- authorize the Secure Rural Schools program factored into an environmental analysis, RCC cer of the Marine Safety Office in Providence, and provide certainty to the forest counties concludes that natural gas is even worse for RI, from 1990 to 1993, and as the Com- who rely on these funds to educate students. the climate than coal, with a leakage rate of manding Officer of the Marine Safety Office in I am also concerned that this bill limits pub- above 3.2 percent. Milwaukee, Wisconsin, from 1993 to 1995. lic participation in the management of public The dangers of natural gas extraction and From 1995 to 1999, as the Chief of the Office lands. It reduces the consideration of forest transportation were vividly illustrated by Cali- of Operating and Environmental Standards at management alternatives to two options—ac- fornia’s Aliso Canyon disaster, which spewed Coast Guard Headquarters, Mr. Skewes was tion or no action. It creates overly broad exclu- 100,000 tons of methane into the atmosphere responsible for coordinating the development sions for projects to skirt environmental review over a four-month period from 2015 into 2016. of international and domestic standards for under the National Environmental Policy Act Unexpected earthquakes in Oklahoma have personnel, vessels, facilities, hazardous mate- and the Endangered Species Act. In addition, been attributed to fracking wastewater dis- rials, and environmental issues, and the activi- it reduces opportunities for the public to en- posal practices, a bizarre development which ties of five industry Federal Advisory Commit- gage meaningfully in these decisions. As a calls the lifecycle of the process’ ecological tees. From 1999 to 2003, he served as the former consumer protection attorney, I am benefits into greater question. Chief, Office of Work-Life, the same position concerned about the inclusion of an arbitration Mr. Speaker, it is becoming impossible to ig- he currently holds. In July 2003, Mr. Skewes pilot program that would force many chal- nore the imminent peril posed by natural gas retired as a Captain following a 30-year career lenges to federal forest management decisions extraction and transportation. I urge my col- in the Coast Guard. From July 2003 to June to go through an agency-run arbitration proc- leagues to review the well-researched ‘‘Blast 2007, he served as the Chief, Shore Safety ess instead of through the judicial system. Zone’’ report produced by the RCC, and to Division within the Office of Safety and Envi- We must manage our federal forests better, come together across party lines to develop ronmental Health, at Coast Guard Head- but we can do so without including these energy efficient policies that will protect our quarters, where he managed programs that fo- harmful provisions. I urge my colleagues to environment, our economy, and our collective cused on the safety concerns of personnel come back to the table and develop a more future. and their dependents that work and live at appropriate and effective solution. f Coast Guard shore facilities as well as related safety concerns of personnel assigned to f HONORING ROBERT L. SKEWES afloat units and aviation facilities. In this ca- FOR HIS SERVICE TO THE NATION RECOGNIZING THE RACHEL CAR- pacity, he provided oversight for a myriad of SON COUNCIL’S ‘‘BLAST ZONE’’ programs including risk management, emer- REPORT HON. ROBERT J. WITTMAN gency preparedness and response (including OF VIRGINIA occupant emergency plans), traffic safety (in- HON. JAMIE RASKIN IN THE HOUSE OF REPRESENTATIVES cluding motor vehicles, motorcycles and OF MARYLAND Wednesday, November 8, 2017 trailering), fire prevention and safety, rec- IN THE HOUSE OF REPRESENTATIVES reational safety, personal risk management Mr. WITTMAN. Mr. Speaker, I rise today to Wednesday, November 8, 2017 and systems safety. Mr. Skewes has a Mas- honor Mr. Robert Skewes upon his retirement ters Degree in Mechanical Engineering, and a 1 Mr. RASKIN. Mr. Speaker, I rise today to from 48 ⁄2 years of honorable service to the Masters Degree in Naval Architecture and Ma- recognize the important work of the Rachel United States Coast Guard, and this great na- rine Engineering, from the University of Michi- Carson Council (RCC). Based in Bethesda, tion. gan. He also has a Bachelor’s Degree in Maryland, the RCC seeks to honor and pro- Mr. Skewes has served as the Chief, Office Ocean Science from the U.S. Coast Guard mote the environmental ethic of former Silver of Work-Life, within the Coast Guard’s Health, Academy. Spring resident Rachel Carson by linking envi- Safety, and Work-Life Directorate, under the ronmental, health, and social policy solutions direction of the Assistant Commandant of f ‘‘with the goal of building a more just, sustain- Human Resources. In this role he established RECOGNIZING THE 75TH able, and peaceful future.’’ work-life policy and interpreted program stand- ANNIVERSARY OF MAYPORT The RCC has documented the political and ards for Coast Guard-wide implementation of economic forces propelling the Atlantic Coast a myriad of individual and family support serv- HON. JOHN H. RUTHERFORD Pipeline, while suggesting safer alternative so- ices. These services included health pro- OF FLORIDA lutions to build a clean and reliable energy motion, food services, employee assistance, IN THE HOUSE OF REPRESENTATIVES portfolio. The Atlantic Coast Pipeline is a pro- critical incident stress management, transition posed $5.5 billion, 600-mile project to move relocation assistance, personal financial man- Wednesday, November 8, 2017 the supply of natural gas fractured from the agement, adoption reimbursement, child and Mr. RUTHERFORD. Mr. Speaker, I rise Marcellus and Utica Shale Basins in Ohio, elder care, special needs for family members, today to honor Naval Station Mayport as it West Virginia, and Pennsylvania to meet family advocacy, addiction and substance marks 75 years of service to the United States growing energy demand in Virginia and North abuse prevention, and sexual assault preven- Navy and our nation. This base was born of Carolina. tion including response. necessity during World War II and has served The RCC recently released a comprehen- Mr. Skewes is a 1973 graduate of the the United States Navy and our country al- sive report entitled, ‘‘Blast Zone: Natural Gas United States Coast Guard Academy. He most continuously since. Today, it is one of and the Atlantic Coast Pipeline.’’ This report began his Coast Guard career as an Engi- the Navy’s most valued and utilized military highlights the dangers of transporting natural neering Officer and Damage Control Assistant bases and is the country’s third-largest naval gas and the underlying problems with existing aboard the USCG Cutter Hamilton in Boston, surface fleet concentration area in the United natural gas fracturing methods, and it also Massachusetts. Following a tour at the Coast States. questions the demand impetus for the project Guard Headquarters Office of Research and In April 1939, hearing that the Navy was itself. Moreover, the report outlines serious at- Development, and postgraduate training at the looking to establish an aircraft carrier base on tendant environmental and health risks, which University of Michigan, he was assigned to the the East Coast of the United States, citizens they allege disproportionately affect minority Third Coast Guard District Merchant Marine of Duval County promised to purchase the communities and people living below the pov- Technical Branch at Governor’s Island, New land that would become home to Naval Sta- erty line. For example, the RCC notes that in York, where he reviewed commercial vessel tion Mayport and give it to the Navy. In July North Carolina, 30 out of 42 census tracts plans and specifications. In 1983, he was as- of that year they passed a bond that enabled within one mile of the pipeline route have signed to the Marine Inspection Office in New them to solidify the purchase. In December

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K08NO8.004 E08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1531 1939, the Mayport area was selected for the Mayport has become an asset not just to TRIBUTE TO PAUL OREFFICE, new base. Northeast Florida, but to country. FORMER CHAIRMAN OF THE Lt. Commander Maynard R. Sanders as- I salute the 75th Anniversary of Naval Sta- BOARD OF THE DOW CHEMICAL sumed command of the new U.S. Navy Base tion Mayport, which continues to be a major COMPANY in October 1940. Construction began imme- employer and economic stimulator. More im- diately and Building 1, the Administration portantly, its personnel continue to contribute HON. JOHN R. MOOLENAAR Building, was opened on Nov. 4, 1941. Al- through their hard work and dedication to the OF MICHIGAN though the plans for Mayport being a carrier important missions of our nation’s defense. IN THE HOUSE OF REPRESENTATIVES base were put on hold, the base became a Naval Station Mayport has a long history of vital crash and patrol boat training facility. supporting both the local community and the Wednesday, November 8, 2017 When the war began in earnest, the Atlantic country and will continue to do so for years to Mr. MOOLENAAR. Mr. Speaker, I rise today Fleet was dispersed leaving the shipping lanes come. I rise today to congratulate them on 75 to pay tribute to Paul Oreffice, the former along the East Coast vulnerable to attack from successful years and hope Mayport sailors Chairman of the Board of The Dow Chemical German submarines. The Porgy Patrol, named continue to keep their home anchors in North- Company, upon his 90th birthday. after the foul-smelling porgy fertilizer proc- east Florida. Paul was born in Venice, Italy and came to essing plant in the Village of Mayport, went on f the United States with his family when he was constant patrol hoping to spot submarines and 17 years old. He went on to attend Purdue reporting those findings to the radio tower so PERSONAL EXPLANATION University and graduated with a Bachelor’s aircraft could be launched. Then, on April 10, Degree in Chemical Engineering in 1949. After 1942, with citizens watching from the shore in HON. KAY GRANGER serving in the U.S. Army during the Korean Ponte Vedra, the S.S. Gulf of America was OF TEXAS conflict, Paul began his career at Dow Chem- sunk by the German U-boat U–123. Once IN THE HOUSE OF REPRESENTATIVES ical in Midland, Michigan. again, the civilian population stepped up and Following international assignments in Swit- Wednesday, November 8, 2017 the Porgy Patrols expanded to include shrimp zerland, Italy, Brazil and Spain, Paul became boats, trawlers and yachts, which were con- Ms. GRANGER. Mr. Speaker, I was unable the first president of Dow Chemical Latin verted by the Gibbs Shipyard, now BAE Sys- to make votes. Had I been present, I would America in Coral Gables, Florida, in 1970. In tems. have voted YEA on Roll Call No. 607; YEA on 1971, he was elected as a member of the The marine side of the base with its pro- Roll Call No. 608; and YEA on Roll Call No. Board of Directors, and later as president of tected harbor was commissioned as Naval 609. Dow Chemical U.S.A. in August 1975. Paul Station Mayport in December 1942. On April!, f was named president and CEO of The Dow 1944, Mayport’s air facility, the Admiral David Chemical Company in May 1978 and chair- L. McDonald Field, was commissioned as TRIBUTE TO ALEX THOMSEN man in May 1986. Naval Auxiliary Air Station (NAAS). After the As a humanitarian, Paul received the war, both the marine base and the airfield HON. DAVID YOUNG Encomienda del Merito Civil (Order of Civil were decommissioned. The United States OF IOWA Merit) in 1966 from the government of Spain Coast took over the base and operated small IN THE HOUSE OF REPRESENTATIVES and in 1978 he was honored with the title boot camps until 1947. Because its location is Wednesday, November 8, 2017 ‘‘Grand Ufficiale’’ by the Italian government. so pivotal, less than a year later Naval Station Paul is the first person to receive both the Mayport was reactivated, and within three Mr. YOUNG of Iowa. Mr. Speaker, I rise Socie´te´ de Chimie Industrielle’s Palladium years, its land area was expanded and its run- today to recognize and congratulate Alex medal and SCI America’s Chemical Industry way extended. Several name changes oc- Thomsen of Underwood High School for win- medal, which he received in 1981 and 1983, curred over the years and during the Cold ning the Class 1A, 126 pound bracket at the respectively. War, Mayport became the East Coast home Iowa High School State Wrestling tournament Paul has been especially helpful in giving for the Light Airborne Multi-Purpose System earlier this year. back to Michigan’s Fourth Congressional Dis- (LAMPS) squadrons and in 1988 the base Iowa has a long and proud history of strong trict through his intentional engagement of the was re-designated as a naval air station. wrestling programs, producing college and community. His involvement in bringing the Naval Station Mayport began teeming with Olympic champions for years. Winning two Midland Soccer Club and the Greater Midland life once again. Investments continued and state championships in a row is the culmina- Tennis Center to life has not only provided op- growth in land area, activities and command tion of years of hard work and commitment, portunities for the local youth to come together importance enhanced its value. As Mayport not only on the part of Alex, but also his par- to be active within the community, but also expanded, it began to accommodate more ents, his family and coaches. brings tourism to the area through tour- ships and sailors with their families. Its role Mr. Speaker, the example set by Alex dem- naments and other events. Paul’s involvement was crucial during the Cuban Missile Crisis, onstrates the rewards of hard work, dedica- in philanthropy touches not only the Midland providing logistical support as well as an ad- tion, and perseverance. I am honored to rep- community, but reaches across the country as vanced staging area for the Second Marine resent him and his family in the United States he is a Trustee of the Rollin M. Gerstacker Division. The base has also received visits Congress. I ask that my colleagues in the Foundation, served as a Senior Member of the from Presidents Nixon and Reagan. United States House of Representatives join MD Anderson Cancer Center Visitors Board, The first carrier to be stationed at Mayport me in congratulating Alex on competing in this and he served as Chairman of the Board of was the USS Tarawa (CVS–40) and the last rigorous competition and in wishing him noth- the Parkinson’s Foundation from 2003 to carrier to call Mayport home was the USS ing but continued success. 2007. His strategic thinking and continued John F Kennedy (CV–67) was decommis- f contributions have greatly impacted families sioned on March 23, 2007. The Navy con- across the district and the country. PERSONAL EXPLANATION tinues to entertain the idea of Mayport as a On behalf of the Fourth Congressional Dis- second carrier site on the East Coast but trict of Michigan, I am honored today to recog- funding is not available. HON. RICHARD HUDSON nize Paul Oreffice for his lifetime of work in Today, Naval Station Mayport has under- OF NORTH CAROLINA chemical engineering and for his commitment gone major developments in technology, serv- IN THE HOUSE OF REPRESENTATIVES to the Midland Community. ices and infrastructure, making it well posi- f tioned to act at a moment’s notice. The sta- Wednesday, November 8, 2017 tion’s protected harbor can accommodate 34 Mr. HUDSON. Mr. Speaker, I was unable to PERSONAL EXPLANATION ships and its runway is capable of handling vote on this day because I was attending the most aircraft in the military’s inventory. It is memorial service for the 3rd Special Forces HON. FREDERICA S. WILSON host to the Navy’s United States Fourth Fleet, Group soldiers who were recently killed in ac- OF FLORIDA and is home to the USS Iwo Jima, the USS tion while serving in Niger. IN THE HOUSE OF REPRESENTATIVES New York and the USS Fort McHenry. On No- Had I been present, I would have voted yea vember 7, 2014, Naval Station Mayport be- on Roll Call No. 610, 611; nay on Roll Call Wednesday, November 8, 2017 came the East Coast home port for the Navy’s No. 612, 613; yea on Roll Call No. 614, and Ms. WILSON of Florida. Mr. Speaker, I was newest ships, the littoral combat ships. 615. not present for the following votes because I

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.002 E08NOPT1 E1532 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2017 was in my congressional district tending to ur- tify a standout group of women who have their families throughout Central Massachu- gent business. Had I been present, I would made a significant difference in business, civic setts obtain the benefits and services that they have voted in the following manner: and philanthropic endeavours throughout the deserve. From obtaining military record and YEA on Roll Call No. 605; NAY on Roll Call Greater Des Moines Area. medals—to assisting with medical care and No. 606; YEA on Roll Call No. 607; YEA on After receiving a degree in elementary edu- benefits, every veteran that walks into Rick’s Roll Call No. 608; YEA on Roll Call No. 609; cation from Drake University in Des Moines, office is treated with the dignity and respect he NAY on Roll Call No. 610; NAY on Roll Call Iowa, Mary began a long successful career or she deserves. There are thousands of vet- No. 611; and NAY on Roll Call No. 612. educating our future generations. She imme- erans in Massachusetts right now whose lives have been changed for the better by Rick. His f diately began teaching after graduation and worked her way up to principal in the Des dedication to improving the lives of veterans HONORING PETE CIARROCCHI AND Moines Public School system. As her passion serves as an inspiration to me and an exam- CHICKIE’S AND PETE’S CRAB for education continued to grow, Mary decided ple for our community. HOUSE AND SPORTS BAR that working in higher education was next and But don’t just take my word for it, Mr. became executive dean of Des Moines Area Speaker. Many others have seen Rick’s stead- Community College (DMACC), ultimately retir- fast advocacy for veterans and his dogged de- HON. ROBERT A. BRADY termination to assist those who have sacrificed OF PENNSYLVANIA ing in 2013 as the vice president of strategic partnerships after 23 years with the school. so much to proudly serve this country. Just IN THE HOUSE OF REPRESENTATIVES While Mary is a dedicated educator, she is this year, Rick was named Veterans Service Wednesday, November 8, 2017 also passionate about service to her commu- Officer of the Year by Massachusetts Sec- ˜ nity. She was instrumental in the creation of retary of Veterans Services, Francisco Urena. Mr. BRADY of Pennsylvania. Mr. Speaker, I Mr. Speaker, on behalf of the United States the Evelyn K. Davis Center for Working Fami- rise to honor my friend Pete Ciarrocchi, Chair- Congress and of the people of Massachusetts, lies that focuses on assisting individuals and man and CEO of the world famous Chickie’s I would like to thank and recognize Mr. Rich- families in finding jobs, educational opportuni- & Pete’s Crab House and Sports Bar. Since ard Voutour for his service to our country, and ties, and job training. 1977, Chickie’s & Pete’s locations have been for his work every day to improve the lives of rightfully called the best sports bars in Phila- Mr. Speaker, it is a profound honor to rep- veterans in Massachusetts. delphia. So none of us were surprised when resent community leaders like Mary in the f they were voted ESPN’s No. 1 Sports Bar on United States Congress and it is with great the East Coast. pride that I recognize and applaud her for uti- CONGRATULATING CHRISTIAN D. Every Philadelphian knows that Chickie’s & lizing her talents to better both her community, SEARCY AND STEVEN L. DANIELS Pete’s and Philly sports go hand in hand. The and the great state of Iowa. I ask that my col- only thing better than pre-game, post-game or leagues in the United States House of Rep- HON. LOIS FRANKEL resentatives join me in congratulating Mary on game watching at the restaurant is enjoying OF FLORIDA receiving this esteemed designation, thanking their food at the stadium. And of course, you IN THE HOUSE OF REPRESENTATIVES can’t leave without an order of Pete’s world fa- those at Business Record for their great work, mous Crabfries®. and wishing Mary nothing but the best. Wednesday, November 8, 2017 But Mr. Speaker, Pete Ciarrocchi is more f Ms. FRANKEL of Florida. Mr. Speaker, I than a successful businessman. He’s one of rise today to congratulate Christian D. Searcy Philadelphia’s finest citizens. He is one of the RECOGNIZING THE SERVICE OF and Steven L. Daniels for receiving the 2017 owners of the three time Arena Bowl cham- MR. RICHARD VOUTOUR Anti-Defamation League’s (ADL) Palm Beach pion Philadelphia Soul Arena Football Team. Jurisprudence Award. This award acknowl- He is also one of our leading philanthropists HON. JAMES P. McGOVERN edges those individuals who have made out- serving on the Aria Health Foundation Board OF MASSACHUSETTS standing contributions to the legal profession of Trustees and on the Holy Family University as well as the community in which they live. IN THE HOUSE OF REPRESENTATIVES Business Advisory Board. Pete is a Mummer, I have had the honor of knowing both these who is active with The Polish-American String Wednesday, November 8, 2017 gentleman for many years and commend their Band. Mr. MCGOVERN. Mr. Speaker, today I rise worthy recognition. But most importantly, Pete is a proud hus- to recognize the service of Mr. Richard Christian D. Searcy is President and CEO of band and father. His lovely wife Lisa and three Voutour. Rick is a United States Marine Corps Searcy Denney Scarola Barnhart & Shipley, sons Peter, Blaise, and Anthony are his first veteran, and he has served for over a decade P.A. For 43 years, he has litigated cases pri- loves and the foundation on which the rest of as a friend and advocate of the veterans of marily involving catastrophic injury and death his world is built. Massachusetts as a distinguished Veterans’ in venues throughout Florida, as well as other states. He has been honored numerous times Mr. Speaker, I ask that all of my colleagues Service Officer. for his exceptional advocacy and extraordinary join me in honoring Pete Ciarrocchi and Rick was born on January 7, 1963, in Web- contributions to the cause of justice. He is well Chickie’s & Pete’s Crab House and Sports Bar ster, Massachusetts. He entered the Marine known for his generous contributions to many as they celebrate their 40th Anniversary to- Corps at age 18 and completed training at non-profit organizations committed to helping night. Parris Island, South Carolina and Camp Pen- the disabled, improving education, and ad- f dleton, California. vancing community causes. Throughout his distinguished career, Rick Steven Daniels has played a significant role TRIBUTE TO MARY SCONIERS- has consistently received recognition for his CHAPMAN in the South Florida Jewish community since exemplary service to our nation, including: the the 1980s. He has been an integral member Meritorious Service Medal, the Navy and Ma- of the local and national ADL leadership. Ste- HON. DAVID YOUNG rine Corps Commendation Medal, Navy and ven has also served as President of Temple OF IOWA Marine Corps Achievement Medal with one Beth El in West Palm Beach as well as the IN THE HOUSE OF REPRESENTATIVES star, the Navy Unit Commendation, and the Jewish Community Center of the Palm Beach- Meritorious Unit Commendation. Wednesday, November 8, 2017 es. He has earned the ‘‘Super Lawyer’’ distinc- Mr. Speaker, this alone would be an impres- tion from Florida Trend magazine, and is cur- Mr. YOUNG of Iowa. Mr. Speaker, I rise sive list of achievements that deserves our re- rently the managing partner for the West Palm today to congratulate and recognize Mary spect and gratitude. But after 23 years of serv- Beach and Boca Raton offices of Saul Ewing Sconiers-Chapman, community leader and re- ice in the Marine Corps, in places as far away Arnstein & Lehr. tired higher education administrator, for being as Djibouti, Valetta, and Amman, Rick decided Christian Searcy and Steven Daniels share named a 2017 Women of Influence honoree to return home to Massachusetts and serve the distinction of excellence in their profession by the award-winning central Iowa publication, his nation in a new way as the Director of Vet- and the advancement of fairness and justice in Business Record. eran Services for Leominster, Massachusetts. the community, the founding principles of the For 18 years, the Business Record has un- In his 13 years as a Veterans Service Offi- ADL. dertaken an exhaustive annual review to iden- cer, Rick has helped countless veterans and I congratulate and thank them both.

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A08NO8.007 E08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1533 TRIBUTE TO DIANA DEIBLER ernment Employees, this bill seeks to chart a Teaching us all how men and women of meaningful path forward to better serve those honor behave so true who put their lives on the line to serve us. It Who came home without arms, legs, and HON. DAVID YOUNG scars upon their face OF IOWA is integral that the VA make clear the steps it But, for the greater good they gave IN THE HOUSE OF REPRESENTATIVES will take to ensure that our nation’s veterans Stand, have access to the quality, timely care that Wednesday, November 8, 2017 Stand for something noble, they deserve. Because they all stood so you can live the Mr. YOUNG of Iowa. Mr. Speaker, I rise I urge my colleagues to support this legisla- American Dream today to congratulate and recognize Diana tion, and I thank veterans across the country While, over the generations so rose to the Deibler for being named a 2017 Women of In- for their service. top America’s Dream Honor all those who fight the fight, fluence honoree by the award-winning central f Iowa publication, Business Record. Who today still stand at the ready on this PERSONAL EXPLANATION very night, For 18 years, the Business Record has un- Who turn the dark into the light dertaken an exhaustive annual review to iden- Stand, for those on the battlefields of honor tify a standout group of women who have HON. FREDERICA S. WILSON who watched their Brothers and Sisters made a significant difference in business, civic OF FLORIDA die, and philanthropic endeavours throughout the IN THE HOUSE OF REPRESENTATIVES And had to bury them all with tears in their Greater Des Moines Area. Wednesday, November 8, 2017 eyes, Stand, on this Veteran’s Day and every day, Diana has spent her life utilizing the work Ms. WILSON of Florida. Mr. Speaker, I was ethic instilled upon her at an early age after For The Armed Forces, their families, and not present for the following votes because I the ones who gave growing up on her family’s farm in Donnellson, chose to remain in my congressional district in Stand, because where would we all be? Iowa. She dreamed of being a television an- Miami for safety reasons due to serious If it were but not for the likes of all of these chor but found herself going down a different threats I received. who stood for you and me path as a broadcast reporter and producer. Had I been present, I would have voted in Stand, because freedom is not free Later, she used the skills and experience she the following manner: YEA on Roll Call No. But, only bought and paid for by all of he de- gained in the news business to have a suc- 569; YEA on Roll Call No. 570; YEA on Roll fenders of the free Stand, because they live and they die for cessful career in marketing and consulting. Call No. 571; NAY on Roll Call No. 572; NAY Her success allowed her to also dedicate her you, on Roll Call No. 573; YEA on Roll Call No. They bleed and they cry for you time and talents to the Des Moines commu- 574; YEA on Roll Call No. 575; YEA on Roll All so you can turn your back on them, nity, serving nine years on the board of Mercy Call No. 576; YEA on Roll Call No. 577; YEA And they don’t ask you how you caught your Medical Center, and nine years on the Mercy on Roll Call No. 578; YEA on Roll Call No. disease College of Health Sciences board. 579; NAY on Roll Call No. 580; YEA on Roll Stand for our Veteran’s on this Veteran’s Mr. Speaker, it is a profound honor to rep- Call No.581; NAY on Roll Call No. 582; NAY Day and everyday resent leaders like Diana in the United States on Roll Call No. 583; NAY on Roll Call No. For what they give and gave Because, it’s all they ask. Congress and it is with great pride that I rec- 584; YEA on Roll Call No. 585; YEA on Roll ognize and applaud her for utilizing her talents Call No. 586; YEA on Roll Call No. 587; NAY f to better both her community, and the great on Roll Call No. 588; NAY on Roll Call No. JAN PLATT state of Iowa. I ask that my colleagues in the 589; and YEA on Roll Call No. 590. United States House of Representatives join f me in congratulating Diana on receiving this HON. KATHY CASTOR OF FLORIDA esteemed designation, thanking those at Busi- STAND FOR SOMETHING IN THE HOUSE OF REPRESENTATIVES ness Record for their great work, and wishing Diana nothing but continued success. HON. PETE SESSIONS Wednesday, November 8, 2017 f OF TEXAS Ms. CASTOR of Florida. Mr. Speaker, I rise IN THE HOUSE OF REPRESENTATIVES today to celebrate the life of Jan Platt and to VA MANAGEMENT ALIGNMENT Wednesday, November 8, 2017 honor her legacy for the Tampa Bay commu- ACT OF 2017 nity. She will always be remembered as an Mr. SESSIONS. Mr. Speaker, I include in environmental pioneer, champion for ‘‘ethics in SPEECH OF the RECORD a poem, on behalf of Albert Carey government’’ and inspiration for her selfless HON. DOUG COLLINS Caswell, to honor the men and women and service. families of The Armed Forces, for their selfless OF GEORGIA Born in St. Petersburg, Jan lived in Tampa service to our Nation on this upcoming Vet- IN THE HOUSE OF REPRESENTATIVES for most of her life and grew up with a love for eran’s Day. Tampa Bay and its natural environment. She Monday, November 6, 2017 And over the many years graduated from Hillsborough High School in Mr. COLLINS of Georgia. Mr. Speaker, I All in our Nation clear, 1954 and earned a degree in political science rise today in support of H.R. 1066, the VA Has been one constant here from Florida State University, where she grad- Management Alignment Act. The men and women of The Armed Forces who hold our Nation dear uated Phi Beta Kappa, in 1958. During col- The men and women who have bravely Whose valor, honor, courage, faith, selfless- lege, she was President of the Student Sen- served our country in uniform deserve the ness, and sacrifice perseveres ate, Student Body Vice President, and even peace of mind that the VA will work for them— While, in the darkest of days of night they recognized amongst her peers as the ‘‘Most not against them. all stood without fear Outstanding Senior Woman’’ in her graduating Over the past few years, our nation’s vet- Who at a moment’s notice into the face of class. After graduating she began her career erans have too often experienced outrageous hell would so appear, as a schoolteacher and taught at both wait times, long lines, and mismanagement at All so we can all he here Hillsborough and Plant High Schools before fi- VA facilities across the country. In the wake of This Veteran’s Day stand for something, be- nally being elected to serve on the City of cause they stood for you these scandals, the members of this body The ones who fought and bled for all that’s Tampa’s City Council in 1974. Four years have passed multiple bills aimed to right these true later, she was elected to Hillsborough Coun- wrongs and improve VA functions. Unfortu- And stand for that old Red, White, and Blue ty’s Board of County Commission, where she nately, we hear far too often of problems con- All in what they would do proudly served for 24 years. tinuing to plague the halls of VA medical facili- Ready to die for their brothers and sisters in Jan served her community in countless ties. arms to their left and right so true ways. She established the Agency on Bay The VA Management Alignment Act directs And remember what all of their families Management, the Tampa Bay Estuary Pro- the Secretary of the VA to report to Congress must go through gram and the Environmental Lands Acquisition On this Veteran’s Day, please remember our the steps the Department will take to ensure Nation’s real who’s who and Protection Program. She led as the Presi- that the organizational structure of the VA is Stand for something because they stand for dent of the Suncoast Girl Scout Council and both efficient and effective. you the Hillsborough County Head Start Commu- Supported by groups including the American When, in the darkness of war comes into nity Foundation INC. Jan endowed a scholar- Legion and the American Federation of Gov- view ship in honor of her sister, Bobbie Lou, at the

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.012 E08NOPT1 E1534 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2017 Florida State University College of Music. She 5, champions of the Missouri Valley Con- The funeral for SSG Freeman was held at was also an active member of the Friends of ference, and making an appearance in the the Lowndes Funeral Home in Columbus. the Library. Because of her support for librar- NCAA Basketball Tournament. SSG Freeman was laid to rest at Rowan Cem- ies, in her honor, the Tampa-Hillsborough Mr. Speaker, it is an honor to represent etery in Caledonia, Mississippi. County Public Library named one of their leaders like Jennie in the United States Con- SSG Freeman is survived by his mother, branches, the ‘‘Jan Kaminis Platt Regional Li- gress and it is with great pride that I recognize Pat Freeman; his wife, Leah; her son, Bradley brary’’. and applaud her for utilizing her talents to bet- Thomas; his sister, Lisa Nichols; his uncle, Additionally, Jan was the recipient of the ter both her team, her community and the Rick Merryman; his aunt, Karen Merryman; his University of South Florida’s Women in Lead- great state of Iowa. I ask that my colleagues brother-in-law, Ronnie Christian; and his sis- ership and Philanthropy Lifetime Achievement in the United States House of Representatives ter-in-law, Linda Christian. Award, recipient of the Hillsborough County join me in congratulating Jennie on receiving SSG Freeman’s service and sacrifice to pro- Bar Association’s Liberty Bell Award, and she this esteemed designation, thanking those at tect America will not be forgotten. was inducted into the Hillsborough County’s Business Record for their great work, and f Women’s Hall of Fame in 2012. wishing Jennie a long and successful career. I was honored to serve alongside Jan during f IN REMEMBRANCE OF MRS. my time on Hillsborough County’s Board of VELORIS ‘‘JEAN’’ WILLIAMS- RECOGNIZING THE LIFE OF FALL- EDWARDS County Commission. She was an inspiration to EN MISSISSIPPI SOLDIER ARMY me and many others throughout her career in STAFF SERGEANT (SSG) BRIAN elected office. A passionate leader, Jan’s love LEE FREEMAN HON. SANFORD D. BISHOP, JR. of the environment led her to devote herself to OF GEORGIA protect and preserve our community’s natural HON. TRENT KELLY IN THE HOUSE OF REPRESENTATIVES resources. Wednesday, November 8, 2017 Jan Platt inspired me to be a better public OF MISSISSIPPI servant. She was honest, ethical and loved IN THE HOUSE OF REPRESENTATIVES Mr. BISHOP of Georgia. Mr. Speaker, it is our Tampa community—from the waters of Wednesday, November 8, 2017 with a heavy heart and solemn remembrance Tampa Bay to the pristine, wooded areas she Mr. KELLY of Mississippi. Mr. Speaker, that I rise today to pay tribute to a great worked to protect. Throughout her career serv- today I rise in memory of Army Staff Sergeant woman and sincere friend, Veloris ‘‘Jean’’ Wil- ing our community, even in times of great (SSG) Brian Lee Freeman who paid the ulti- liams-Edwards. Jean passed away on October change in local governing bodies, Jan was mate sacrifice while defending our great nation 29, 2017. Funeral services will be held at steadfast in her leadership and it was a great on November 7, 2005, during Operation Iraqi Mount Calvary Baptist Church in Alexandria, honor to learn from her and know her. I hope Freedom. SSG Freeman was killed when a Virginia on Saturday, November 11, 2017 at her commitment to ethics in government will vehicle-borne improvised explosive device det- 11:00 a.m. inspire another generation of passionate lead- onated near his dismounted patrol in Bagh- A native of Wooten’s Crossroads, North ers to serve. dad. Also killed were First Lieutenant (1LT) Carolina, Jean was born to George T. and Mr. Speaker, on behalf of the citizens of our Justin S. Smith, Specialist (SPC) Robert C. Lacy Ann (Mott) Williams, as the fourth of Tampa Bay community, I am proud to honor Pope, II, and Private First Class (PFC) Marion eight children. A product of the Greene County the life of Jan Platt and pay tribute to her out- A. Reyes. SSG Freeman was assigned to the School System, she graduated from Greene standing contributions to the Tampa commu- 3rd Squadron, 3rd Armored Cavalry Regiment, County Training School in 1959. She went on nity. Jan is survived by her husband Bill, son Fort Carson, Colorado. to attend North Carolina Agriculture and Tech- Kevin, his wife Michele and granddaughter SSG Freeman, a Caledonia, Mississippi na- nical State University (NC A&T) where she Emma. She leaves an indelible legacy for fu- tive, enlisted in the U.S. Army in 1997. Pat earned a Bachelor of Science degree in Spe- ture generations to enjoy our bay and its Freeman, SSG Freeman’s mother, said her cial Education. After earning her Bachelor’s waters the same way she did. son was married to his wife, Leah for 14 degree, she earned a Masters of Arts in f months. According to the Associated Press, Teaching from the University of Maryland. Mrs. Freeman said prayers from family and In 1964, she married the love of her life, TRIBUTE TO JENNIE BARANCZYK friends helped them through a difficult time. Leon Edwards, and they built a life that was ‘‘The Army has been very kind to us and based on the love of God, the love of each HON. DAVID YOUNG helped us through this bad time in our lives,’’ other, the love of family and the love of peo- OF IOWA she said. ‘‘We know Brian is in a better place ple. They knew that the love of these could IN THE HOUSE OF REPRESENTATIVES and we will see him again someday. We call lead one to a close and fulfilling relationship him our angel now.’’ with God because they are an embodiment of Wednesday, November 8, 2017 A scholarship was established in his mem- His greatest commandments: to love Him with Mr. YOUNG of Iowa. Mr. Speaker, I rise ory of SSG Freeman at Caledonia High all your ‘‘heart, mind and soul’’ and to ‘‘love today to recognize and congratulate Jennie School. Twelve scholarships have been thy neighbor as thyself.’’ Baranczyk, head coach of Drake University’s awarded over the years. Bill Lawrence, the Jean’s passion for education persisted dur- women’s basketball team, for being named a former mayor of Caledonia, recently said that ing her professional career as a teacher, a vo- 2017 Women of Influence honoree by the SSG Freeman’s late father, Glen Freeman, cational development specialist and a transi- award-winning central Iowa publication, Busi- worked hard to build support for the develop- tion coordinator, where she taught her stu- ness Record. ment of the Veterans Memorial, located at the dents to be of service to others. After her ca- For 18 years, the Business Record has un- Ola J. Pickett Park. The family also donated reer in education, she went on launch a dress dertaken an exhaustive annual review to iden- an American flag and flagpole to the facility. shop, work as a promoter for various events, tify a standout group of women who have The memorial includes two battle crosses— and work alongside her husband at Edwards made a significant difference in business, civic one for SSG Freeman and one for Staff Ser- Trucking Company (which evolved in to a pro- and philanthropic endeavours throughout the geant (SSG) Jeffrey Dayton, a Caledonia High ductive transportation company), before be- Greater Des Moines Area. School graduate who was killed in Iraq in coming a staff assistant in the office of former Jennie is no stranger to success. During her 2004. Speaker of the House, Newt Gingrich. The time as a member of the women’s basketball At the time of his son’s death, Mr. Freeman treasured relationships she developed and the team at the University of Iowa she was named told the Associated Press that SSG Freeman exciting daily operations of the Office of the First Team All-Big Ten in 2003. Her out- meant everything to the family. ‘‘This boy was Speaker made her experience on Capitol Hill standing athletics accomplishments early on in a hero. Our son was everything to us. People beneficial. her career have translated into her new role don’t realize what it is to lose a child,’’ he stat- Maya Angelou once said, ‘‘A great soul as the head coach of Drake University’s wom- ed. Mrs. Freeman said SSG Freeman dem- serves everyone all the time. A great soul en’s basketball team. In her first year as head onstrated bravery and courage as a soldier. never dies.’’ Jean was undoubtedly great be- coach, Jennie was given a team that finished She said her son saved the life of their unit’s cause of her devotion to her work, and the with a record of 11–20 the prior year. Her medic who he talked out of riding with them in compassion she showed for her friends and unyielding commitment to excellence and hard the Humvee on the day of the incident. SSG loved ones. work have turned the fortunes of the basket- Freeman told the medic that he may be need- On a personal note, Jean became a trusted ball program around, finishing last season 28– ed if something happened to them. friend on Capitol Hill. I was truly blessed by

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.016 E08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1535 her friendship as I started my congressional VETERAN URGENT ACCESS TO The celebration of the park’s anniversary is career. Her advice, counsel and assistance MENTAL HEALTHCARE ACT the perfect recognition of efforts to preserve were invaluable. our history, culture, and beautiful landscapes. SPEECH OF Jean was preceded in death by her siblings; Today, the park continues to raise the bar of Gerald Lee Williams, Marjorie (Daisy) Wil- HON. DOUG COLLINS innovation through programs and partnerships liams, George Earl (Bob) Williams, and Melvin OF GEORGIA with state and local governments, private busi- nesses, and nonprofit organizations. Its stead- (BoBo) Williams. IN THE HOUSE OF REPRESENTATIVES fast work has helped give the people of the She is survived by her husband of 53 years, Tuesday, November 7, 2017 Keweenaw Peninsula and all of the Upper Pe- Leon A. Edwards; her son, Reginald Edwards Mr. COLLINS of Georgia. Mr. Speaker, I ninsula a sense of unity and common herit- (Sherry); her daughter, Tiena Edwards; two rise today in support of H.R. 918, the Veteran age. sisters, Dorothy Clark (Washington, D.C.); Urgent Access to Mental Healthcare Act. Mr. Speaker, I congratulate the Keweenaw Sabrina Hickman (Greenville, NC); two grand- As Veterans Day approaches, we remember National Historical Park for its 25 years of suc- children, Reggie (Chaz), and Miesha; two the debt of gratitude we owe our nation’s vet- cess and community investment. Michiganders great-grandchildren, Miayah-Joy Keith and erans, who have sacrificed greatly to protect can take immense pride in knowing that the Somer-Hope Keith; two God-children, Julia our freedoms. First District is home to such an important in- Chaney (Winston) and Malika Taylor-Phillips; Tragically, about 11 to 20 out of every 100 stitution of historical, cultural, and environ- and a host of relatives and friends. veterans who served in Operations Iraqi Free- mental preservation. On behalf of my constitu- Mr. Speaker, I ask my colleagues in the dom or Enduring Freedom have PTSD in a ents, I wish the Keweenaw National Historical House to join my wife, Vivian, and me in ex- given year. As researchers work diligently to Park all the best in its future endeavors. tending our deepest sympathies to Jean’s understand the increase in veteran suicides— family and friends during this difficult time. now at a troubling 22 veterans per day—it is f May they be consoled and comforted by their important to understand that service-related COMMENDING THE PRESIDENT ON abiding faith and the Holy Spirit in the days, mental stress is not limited to veterans who GRIFFIN NOMINATION weeks, and months ahead. receive honorable discharges. The Army has released at least 22,000 f combat veterans diagnosed with mental health HON. ROBERT B. ADERHOLT conditions or traumatic brain injuries since OF ALABAMA TRIBUTE TO ZACH BARNES 2009 for alleged misconduct—meaning that IN THE HOUSE OF REPRESENTATIVES many who have served in uniform may fall Wednesday, November 8, 2017 through the VA’s cracks as they attempt to ac- HON. DAVID YOUNG cess mental health services. Mr. ADERHOLT. Mr. Speaker, I would like to commend President Trump for nominating OF IOWA The Veteran Urgent Access to Mental Healthcare Act recognizes this issue and ex- Michael D. Griffin to be Principal Deputy IN THE HOUSE OF REPRESENTATIVES pands the boundaries of mental health care Under Secretary of Defense for Acquisition, Technology, and Logistics (USD/ATL). Wednesday, November 8, 2017 covered by the VA to better serve those who serve us—including those with PTSD that af- There is a saying that a person was made Mr. YOUNG of Iowa. Mr. Speaker, I rise fects their service. for a certain job. In the case of Dr. Griffin, this today to recognize and congratulate Zach The lack of access to mental health care re- is true. Barnes of Southeast Polk High School for win- mains an unfortunate reality for too many vet- We currently have a convergence of space ning the Class 3A, 145 pound bracket at the erans. This bill would extend a helping hand to and national security factors which are Iowa High School State Wrestling tournament combat veterans struggling with the effects matched only by a handful of circumstances in earlier this year. that their service has on their mental health. It the past. I am thinking of Russia placing Sputnik in Iowa has a long and proud history of strong would ensure that a population at a high-risk space, and President Kennedy refusing to ac- wrestling programs, producing college and for suicide receives the care and support its cept missiles in Cuba, and of President Rea- Olympic champions for years. Winning state men and women deserve. gan’s placement of Pershing missiles in Eu- championships is the culmination of years of I urge my colleagues to support this legisla- rope and starting the SDI, or Strategic De- hard work and commitment, not only on the tion, and I thank veterans across the country fense Initiative Office. part of Zach, but also his parents, his family, for their service. With the nomination of Mike Griffin, we have coaches and fellow teammates. f a person with the experience of working in Mr. Speaker, the example set by Zach dem- CELEBRATING THE 25TH ANNIVER- SDI yet also being the initiator of new ideas, onstrates the rewards of dedication, and per- SARY OF THE KEWEENAW NA- such as the commercial cargo resupply pro- severance. I am proud to represent him and TIONAL HISTORICAL PARK gram for NASA’s ISS (International Space Sta- his family in the United States Congress. I ask tion). that my colleagues in the United States House HON. JACK BERGMAN For this particular job at the Pentagon, that of Representatives join me in congratulating OF MICHIGAN is what we need—a person who knows how to Zach on competing in this rigorous competition IN THE HOUSE OF REPRESENTATIVES utilize best practices of the past, combined and in wishing him nothing but continued suc- with the openness and boldness to rec- cess. Wednesday, November 8, 2017 ommend to the Secretary of Defense the deci- Mr. BERGMAN. Mr. Speaker, it is my honor sive actions which will keep America pre-emi- f to recognize the Keweenaw National Historical nent in technology, and give America the Park upon the occasion of its 25th Anniver- edge, when and if we must engage in armed PERSONAL EXPLANATION sary. Through committed preservation and conflict. community engagement, the Keweenaw Na- Dr. Griffin holds degrees from six separate tional Historical Park has become an indispen- universities, his management experience in HON. CHERI BUSTOS sable part of Northern Michigan. business and as former Administrator at OF ILLINOIS For over 7,000 years, the Keweenaw area NASA, as well as his work serving as a pro- has been a source of natural resources and fessor and as a consultant on Department of IN THE HOUSE OF REPRESENTATIVES cultural enrichment. Native peoples first uti- Defense review panels such as the Mitchell Wednesday, November 8, 2017 lized its easily accessible and workable copper Commission (rocket launch engines), all pre- to create tools and items for trade. Later, cop- pare him well for this assignment and for the Mrs. BUSTOS. Mr. Speaker, on the Legisla- per became the center of growing industries rising challenges facing our military around the tive Day of November 7, 2017, a series of and cosmopolitan communities in the world. votes were held. Had I been present for the Keweenaw. This rich history is preserved After his confirmation, I look forward to first of these roll call votes, I would have cast through the hard work of the rangers and vol- working with him and the rest of our Depart- the following vote: unteers at the Keweenaw National Historical ment of Defense to help provide what is nec- Roll Call 613—I vote YES. Park. essary for our national security.

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A08NO8.019 E08NOPT1 E1536 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2017 RECOGNIZING THE LIFE OF FALL- Army, serving from 1957 to 1979. He had two him for a great example of leadership and EN MISSISSIPPI ARMY NA- assignment periods in Viet Nam during the service. TIONAL GUARD SPECIALIST Viet Nam War, and while there received two f (SPC) JAMES ANDERSON Bronze Star Awards and a Silver Star for his CHANCE, III action in combat and a Purple Heart for a TRIBUTE TO DIWALI combat-related injury.’’ In addition to his serv- HON. TRENT KELLY ice in Vietnam, Robert was stationed in other HON. TODD ROKITA OF INDIANA OF MISSISSIPPI locations, like Iceland and Panama, before re- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES turning home to Afton with his family. He re- tired from the Army in 1979. Wednesday, November 8, 2017 Wednesday, November 8, 2017 Mr. Speaker, I’m proud to represent Iowans Mr. ROKITA. Mr. Speaker, I rise today to Mr. KELLY of Mississippi. Mr. Speaker, like Robert in the United States Congress and acknowledge and celebrate the 50th anniver- today I rise in memory of Mississippi Army Na- it is with great pride that I recognize him sary of the India Association of Indianapolis tional Guard Specialist (SPC) James Ander- today. I ask that my colleagues in the United (IAI). The IAI is a non-profit organization that son Chance, III, who paid the ultimate sac- States House of Representatives join me in unites Indian-Americans located in the central rifice while defending our nation on November congratulating Robert for receiving this out- Indiana area. It has become a vital cultural 6, 2003, during Operation Iraqi Freedom. SPC standing designation and in wishing him noth- bridge between Indian-Hoosiers and the com- Chance was killed when his vehicle struck a ing but the best. munity. landmine in Husaybah, Iraq. SPC Chance was f The IAI was founded in 1968 by fifteen fami- assigned to C Company, 890th Engineer Bat- lies living in the Indianapolis area. Today, the RECOGNIZING BILL STANLEY talion, Army National Guard, based in Colum- IAI has a membership that exceeds 2,000 bia, Mississippi. families and continues to climb. There are According to the Associated Press, SPC HON. JOE COURTNEY over 30,000 Indian-Americans living in the In- Chance volunteered to lead his convoy. He OF CONNECTICUT diana. The IAI has been a valuable voice for did not want his comrades to risk their lives if IN THE HOUSE OF REPRESENTATIVES all Indian-Hoosiers and has increased under- they had spouses or children. SPC Chance, a Wednesday, November 8, 2017 standing of India, Indian people, and Indian Kokomo, Mississippi native, was close to his culture in central Indiana. parents, James and Patricia Ann Chance. Mr. COURTNEY. Mr. Speaker, I rise today The mission of the IAI is to promote the cul- Allen Chance, SPC Chance’s brother, said he to congratulate my dear friend Mr. Bill Stanley tural activities of India, to foster cultural ex- always lived close to his parents so he could on being named this year’s William Crawford change between people of India and the USA, look after them. ‘‘He was worried and he was Distinguished Service Award winner by the and to carry out educational and charitable ac- trying to get it where he could come home for Chamber of Commerce of Eastern Con- tivities. Over the course of the last 50 years, a few days to see her,’’ Allen said. Mrs. necticut. the IAI has performed its mission admirably Chance recently said her son was a good man A native of Norwich, CT, Bill began his out- and has enriched the community immeas- who always made her laugh. standing public service career in journalism, urably. It has played a crucial role to pro- SPC Chance was remembered in a post on writing for local publications like the Norwich tecting, preserving, and promoting Indian tradi- a memorial website. ‘‘SPC Chance, a true sol- Bulletin and the New London Day. He then tions and has showcased the beauty of India dier, never complained, and moved out at a transitioned to government, working briefly as to the Indianapolis community. moment’s notice,’’ First Lieutenant (lLT) Rob- a campaign press secretary for Governor Whether it’s the annual Diwali celebration, ert Enochs of Saucier, Mississippi wrote. O’Neill before spending the next six years at the Holi Festival, the yearly marking of India’s ‘‘Thanks for your love, dedication, and sac- Rome, Frankel & Kennelly. In 1996, Bill be- independence, or a cricket game meant to fos- rifice for our country. I wish there were many came Director of Corporate Communications ter friendship between the Indian and Paki- more like you. We love and miss you dearly. for the William W. Backus Hospital in Norwich, stani-American community, the IAI has been a We will never forget you.’’ where he worked until 1999. He currently constant force of goodwill in Central Indiana. SPC Chance joined the U.S. Army in 1997 serves as vice president of Development and The IAI has grown exponentially since it was after he graduated from Kokomo High School. Community Relations at Lawrence + Memorial founded and is destined to do bigger and bet- He served one tour of duty in the Army. In Hospital. On a personal note, I have known ter things in the future. Indiana is lucky to 2002, he joined the Mississippi Army National Bill since my days as a rookie state legislator have such an organization in its midst and I Guard to pursue higher education opportuni- at the Connecticut General Assembly. He is acknowledge the IAI, its leadership, and all its ties. deeply involved in the politics and community members. A memorial service was held for SPC of his beloved Southeastern Connecticut, will- Mr. Speaker, on the occasion of its 50th an- Chance at the Kokomo United Methodist ing to throw himself into any cause that im- niversary, I would like to salute the India Asso- ciation of Indianapolis. Church which is located across the street from proves the region. Although passionate in his his childhood home. He was laid to rest at the beliefs, he is a true gentleman and respectful f Kokomo Community Cemetery. of any and all people he interacts with, which RECOGNIZING THE LIFE OF FALL- SPC Chance is survived by his mother, Pa- is a lot. EN MISSISSIPPI SOLDIER SER- Throughout his full and prestigious career, tricia Ann Chance; his brother, John Allen GEANT (SGT) COURTLAND Bill has always found time to volunteer for nu- Chance; and his nephew, Samuel Chance. ANSHUN KENNARD SPC Chance will always be remembered for merous causes across Eastern CT. Currently the sacrifice he made to protect America. He he is Board Chairman of his alma mater’s HON. TRENT KELLY made his family and our nation proud. foundation, the Three Rivers Community Col- lege Foundation. He also sits on the United OF MISSISSIPPI f Way of Southeastern Connecticut’s board of IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO ROBERT THOMPSON directors. Bill served nearly 20 years on the Wednesday, November 8, 2017 board of directors for the Chamber of Com- Mr. KELLY of Mississippi. Mr. Speaker, HON. DAVID YOUNG merce of Eastern Connecticut, including two today I rise in memory of Army (SGT) Ser- OF IOWA terms as chairman. He previously served as geant Courtland Anshun Kennard who paid IN THE HOUSE OF REPRESENTATIVES chairman of the New London Redevelopment the ultimate sacrifice while defending our great Agency and was a board member at St. Jude nation on November 9, 2006, during Operation Wednesday, November 8, 2017 Common and the USS Connecticut Commis- Iraqi Freedom. SGT Kennard was killed when Mr. YOUNG of Iowa. Mr. Speaker, I rise sioning Committee. From 1996 to 1999, he an improvised explosive device detonated today to recognize and congratulate Robert was Chairman of the American Heart Associa- near his vehicle in Baghdad, Iraq. Also killed Thompson, of Afton, Iowa, for receiving the tion’s Southeastern Connecticut Heart Walk was Staff Sergeant (SSG) Gregory W.G. 2017 East Union’s Military Service Recognition and continues to serve on its Executive Lead- McCoy of Webberville, Michigan. SGT Award. ership Team. Kennard was assigned to the 410th Military The Afton Star Enterprise reported that Mr. Speaker, please join me in congratu- Police Company, 720th Military Police Bat- ‘‘Robert Thompson was a 1957 Afton High lating my dear friend Bill on receiving this talion, 89th Military Police Brigade, Fort Hood, School graduate who enlisted in the U.S. noble recognition. May others always look to Texas.

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.025 E08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1537 Retired Army Sergeant (SGT) Douglas was appointed the Citywide Coordinator for Greg volunteered to serve in the Marine Kennard, SGT Kennard’s father, recently said AIDS Policy for the City of New York. Known Corps in March 1966, when he was only 18 his son grew up living on military bases in the for being both forceful and persuasive yet years old. After basic training, Greg was sent United States and Germany. SGT Kennard guided by facts, Mr. Johnson helped the city to Vietnam, where he served as a forward ob- graduated from General H.H. Arnold High develop a comprehensive strategy for stem- server—directing artillery fire onto enemy tar- School in Weisbaden, Germany in 2002. SGT ming the HIV/AIDS epidemic through proactive gets. Working as a forward observer, espe- Kennard followed in his father’s footsteps education, prevention, and treatment. He cially in Vietnam, was an exceptionally dan- when he enlisted in the U.S. Army in 2003. strengthened the city’s AIDS hotline and test- gerous job. ‘‘He wanted to join the Army,’’ Mr. Kennard ing programs, needle-exchange program, and The Marines are famous for their bravery, said. ‘‘I am extremely proud of him. I was al- housing and medical care services for AIDS discipline and toughness. Greg was a Marine’s ways proud of him.’’ patients. Marine—respected and even revered by his Pamela Pleasant, SGT Kennard’s aunt, said By 1996, Mr. Johnson was rewarded for his brothers in arms for his courage and commit- she was always proud of her nephew. ‘‘He efforts as he witnessed a sharp decline in ment. Despite his youth, Greg was a natural was an awesome kid,’’ Mrs. Pleasant said. New York City’s HIV and AIDS-related deaths. leader of men. They followed him, and they ‘‘He had a smile that would light up a room. His programs were working and he had the trusted him. Some even thought he might be He was so humble. I miss him terribly.’’ data to prove it. He later joined the Presi- invincible, and did not want to go out on pa- SGT Kennard was remembered by a fellow dential Advisory Council on HIV/AIDS, where trols unless Greg was going with them. soldier on a memorial website. ‘‘I will always he helped design the policy thinking and best Friendships forged in war are uniquely deep remember your smile, Kennard,’’ Sergeant practices for the President’s Emergency Plans and intense. Greg lost many good friends in (SGT) Michele Martin wrote. ‘‘He is a very for AIDS Relief (PEPFAR). Vietnam—and, as Donna tells us, he carried special person and a soldier. He was always Today, on behalf of California’s 13th Con- these losses with him for the remainder of his there for his fellow comrades. When you were gressional District, I am honored to commend life. On some days, the memories haunted down, his smile always cheered you up. I will Ronald Johnson for his long career advocating Greg, and he struggled with feelings of sad- always cherish Kennard in my heart and al- for the prevention and treatment of HIV and ness and guilt. Like any warrior who has seen ways remember the great sacrifice he took for AIDS. His service and devotion has saved his fellow warriors fall, Greg naturally asked this great nation and his family to be free.’’ lives, inspired hope, and made this world a re- himself: ‘‘Why them and not me?’’ A funeral was held for SGT Kennard at markably safer and better place. Physically, as well as psychologically, Greg Mount Pelier Missionary Baptist Church in f did not leave Vietnam unscathed. One fateful Starkville, Mississippi. SGT Kennard was laid HONOR THE LIFE OF GREG WOOD day, while out on a mission, he was shot and to rest at Memorial Garden Park, which is lo- critically wounded—earning a Purple Heart. cated near Mississippi State University in When Greg awoke hours later in a military Starkville. HON. STEPHANIE N. MURPHY hospital, a priest was administering his last OF FLORIDA SGT Kennard is survived by his parents, rites. Although he survived, doctors told him IN THE HOUSE OF REPRESENTATIVES Douglas and Darlene Kennard; his brother, he was unlikely to live past age 35. In a Jamahl Kennard; and his aunt, Pamela Pleas- Wednesday, November 8, 2017 sense, then, Greg’s entire life was one big ant. Mrs. MURPHY of Florida. Mr. Speaker, I case of beating the odds. SGT Kennard gave his life to protect our na- rise to honor the life of one of my constituents, After being honorably discharged from the tion. His service will always be remembered. Greg Wood, who passed away on October 14, Marines, Greg was determined to become f 2017, at the age of 70. successful professionally and personally—in HONORING RONALD JOHNSON In tribute to Greg, who served in the United part to honor his fallen comrades who never States Marine Corps and was wounded in ac- had the chance to build a career or a family HON. BARBARA LEE tion during the Vietnam War, my office ar- of their own. As Donna told us, nearly every- OF CALIFORNIA ranged for an American flag to be flown over thing that Greg did later in life was shaped by IN THE HOUSE OF REPRESENTATIVES the U.S. Capitol. I am so glad that our country his formative experience in Vietnam, whether raised the flag in Greg’s honor, because Greg for better or for worse. Wednesday, November 8, 2017 did so much to support and defend this coun- One of Greg’s daughters, Kristina, told me Ms. LEE. Mr. Speaker, I rise today to honor try. Greg fought to protect the fundamental that her father loved war movies, but they al- the longstanding career of Ronald Johnson, a freedoms that our flag represents. ways made him cry. It is clear that Greg had fearless leader for more than three decades in This Saturday is Veterans Day, when our complex feelings about war itself, but that he the fight against HIV/AIDS. His leadership nation pauses to express gratitude to all those cherished the American soldiers, sailors, air- spans numerous esteemed organizations and who honorably served, both living and de- men and—of course—Marines who fought agencies including the Gay Men’s Health Cri- parted. The day before, I will attend a cere- these wars. It didn’t matter whether they sis, Minority Task Force on AIDS, City of New mony at the Park Maitland School in Orlando, served in World War II, Korea, Vietnam, Af- York, Presidential Advisory Council, AIDS Ac- where we will formally present the flag to ghanistan, or Iraq. He felt a sacred bond with tion, and United AIDS from which he is now Greg’s widow, Donna. Donna was kind all of them. retiring. enough to talk to my office about her late hus- In addition to his military family, of course, Following the Stonewall Uprising in 1969, band, about what mattered most to him, and Greg treasured his own family—which in- the gay community of New York City wit- about how he lived his life. cludes Donna, four children, and eight grand- nessed the rising swell of the HIV/AIDS epi- Greg was many things—a Texan at heart children. By all accounts, he was a loving hus- demic. Throughout the 1980’s, the number of despite spending most of his life in the Sun- band and father, who coached Little League, AIDS-related deaths climbed higher each year. shine State; a well-educated man who earned served as a Boy Scout leader, and did all the In 1981, amidst widespread fear and uncer- a master’s degree in finance; an adventure- big things and little things that great dads do. tainty, Dr. Lawrence Mass and Larry Kramer seeker who once rode his motorcycle from the So, I hope Greg has been reunited with the founded the first New York City nonprofit de- United States all the way down to Panama; a friends he lost in Vietnam. I hope he is happy voted to HIV and AIDS awareness, testing, respected commercial real estate broker; a and at peace. And I hope he knows how much education, advocacy, and prevention. They sports lover; a fisherman and a hunter; and a his life mattered to his family and to the coun- called it the Gay Men’s Health Crisis (GMHC). pillar of our central Florida community. try he so nobly served. Mr. Johnson began volunteering with GMHC But, as Donna made crystal clear, Greg f in 1984, while continuing his service as the was—above all—a U.S. Marine and a family Assistant Executive Director of the University man. These two roles defined him. They were TRIBUTE TO MCGWIRE MIDKIFF Settlement, a nonprofit social service program the core of who he was. They gave his life that assisted immigrants and low-income fami- purpose and meaning. HON. DAVID YOUNG lies with fulfilling their health, education, and In a speech that he delivered many years OF IOWA housing needs. After volunteering for a few ago to members of the Marine Corps, Presi- IN THE HOUSE OF REPRESENTATIVES years, Mr. Johnson was invited to join the dent Ronald Reagan said: ‘‘Some people GMHC’s Board of Directors. spend an entire lifetime wondering if they Wednesday, November 8, 2017 Mr. Johnson served as Executive Director of made a difference in the world. But the Ma- Mr. YOUNG of Iowa. Mr. Speaker, I rise the Minority Task Force on AIDS and in 1992 rines don’t have that problem.’’ today to recognize and congratulate McGwire

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.029 E08NOPT1 E1538 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2017 Midkiff of Carter Lake, Iowa for winning the early times would easily be recognized: fami- courses and program partnerships with Michi- Class 3A, 126-pound bracket at the Iowa High lies. Both in the distant past and today, gan high schools and colleges across the School State Wrestling tournament earlier this Pacifica teems with families. The school dis- world. Its instructors have real life experience, year. McGwire is a student at Thomas Jeffer- trict is highly regarded and has over 3,000 stu- and its students have access to exceptional son High School in Council Bluffs, Iowa. dents from grades K through 8. Parents from training and resources. Iowa has a long and proud history of strong biotech companies and other global corpora- As a commercial pilot of 22 years, I know wrestling programs in our state, producing col- tions drive a few extra miles to work every day the great need for quality pilots in our global lege and Olympic champions for years. Win- so that they may live in a community with economy, as well as the dedication and skill ning a state championship is the culmination quality schools and a web of soccer teams this profession requires. NMC Aviation has of years of hard work and commitment, not and gymnastics programs that allow children proven itself to be one of the best institutions only on the part of McGwire, but his family to thrive amidst friends. The annual family- of its kind at training the next generation of pi- and coaches, as well. friendly Pacifica Fog Fest draws tens of thou- lots. Mr. Speaker, the example set by McGwire sands from throughout the Bay Area to enjoy Mr. Speaker, it’s my honor to congratulate demonstrates the rewards of hard work, dedi- the sun, music, a hometown parade, and all of the NMC Aviation Program for its 50 years of cation, and perseverance. I am honored to the cheese and nachos needed to earn a success and community investment. represent him and his family in the United mother’s scorn. Michiganders can take immense pride in States Congress. I ask that my colleagues in Civic life in Pacifica is energetic, to say the knowing that the First District is home to this the United States House of Representatives least. In recent years, the city has completed outstanding institution. On behalf of my con- join me in congratulating McGwire on com- such notable projects as the undergrounding stituents, I wish the Northwestern Michigan peting in this rigorous competition and in wish- of utilities, the creation of a dog park, the com- College Aviation Program all the best in its fu- ing him nothing but continued success in his mencement of a parking program at state ture endeavors. education and his wrestling career. beaches, improvements to the senior/commu- f f nity center, protection of environmental re- TRIBUTE TO WILLIAM K. ‘‘BILL’’ sources around the creeks and on the beach- MCALLISTER IN RECOGNITION OF THE 60TH AN- es, and numerous other public improvements NIVERSARY OF THE CITY OF that augment Pacifica’s natural splendor. HON. DAVID YOUNG PACIFICA The city’s leadership is as strong today as OF IOWA ever, and it meets the challenges of modern IN THE HOUSE OF REPRESENTATIVES HON. JACKIE SPEIER governance head on. For example, City gov- Wednesday, November 8, 2017 OF CALIFORNIA ernment illustrates its love-hate relationship IN THE HOUSE OF REPRESENTATIVES with Mother Nature by joyfully paying to pro- Mr. YOUNG of Iowa. Mr. Speaker, I rise today to recognize and congratulate Bill Wednesday, November 8, 2017 tect the snowy plover’s nesting areas while scrambling to pay to prevent the erosion of McAllister of Clarinda, Iowa who recently re- Ms. SPEIER. Mr. Speaker, I rise to honor bluffs to the beaches below. The council tired from the Page County Sheriff’s Depart- Pacifica, California, a sea-sprayed city in my knows that if you walk along the beach near ment with 37 years of service in law enforce- district blessed by salty breezes, soaring Pedro Point, you’re probably walking on the ment. shorebirds and the collective smile of resi- sand that once existed as the bluff, a few Bill’s service to our country began as a dents that rivals in intensity the warmth of the miles north, that supports Esplanade Boule- member of the United States Army Military Po- sun itself. On November 22, 2017, Pacifica is vard. Such is the duty of leadership in Pacifica lice. He later began his career in law enforce- a spritely 60 years old. where a councilmember must pay to maintain ment in 1980 with the Nebraska City, Ne- Residents love this town, and there’s no infrastructure in the coin of the realm while de- braska Police Department, as well as grad- doubt as to why. The views of the Pacific livering sand and refurbished habitats for en- uating from the Nebraska Law Enforcement Ocean are spectacular, the shoreline is capti- dangered species for free to the ultimate ad- Training Center. He joined the Clarinda Police vating. If you wish to stroll through the sand ministrator of Pacifica’s fate: Mother Nature. Department in 1982 as a patrolman and was and to hunt for seashells, bring your children Congratulations to the City of Pacifica upon eventually promoted to Sergeant. Bill grad- to the beach and spend a few hours listening 60 years of formal incorporation, from Novem- uated from the Iowa Law Enforcement Acad- to the waves and gazing at the gulls overhead ber 22, 1957 to the present. From tail fins on emy and was awarded the 1987 Silver Star for or the snowy plover nearby, Pacifica is the cars to shark fins in the ocean, the city has Bravery from the American Police Hall of place to be. done well for itself. With its loving population Fame. He was selected Outstanding Officer by Although sunshine is the predominant fea- and visionary leadership, there are many more the Clarinda Optimist Club in 1997, and that ture of Pacifica, fog occasionally arrives. Well, adventures to come for this little place by the year, joined the Page County Sheriff’s Depart- actually, more than occasionally. But it is quiet sea that 39,000 call home and celebrate as a ment as a Deputy Sheriff. and serene in Pacifica when fog shrouds the place to embrace life, family and neighbors. Page County Sheriff Lyle Palmer said, ‘‘Bill earned numerous certificates and attended shore and the mountains. f For hundreds of years, Pacifica was home classes every year to continue his knowledge to a village of the Ohlone tribe. Pacifica’s CELEBRATING THE 50TH ANNIVER- of law enforcement. Bill had the ability to read creeks and ample supply of fish and nuts fed SARY OF THE NORTHWESTERN people and he was a great benefit to the generations. These residents lived in balance MICHIGAN COLLEGE AVIATION Sheriff’s Department. He served the citizens of with nature, thriving on the ocean side of the PROGRAM Page County with dignity and honor.’’ San Francisco Peninsula and trading with Mr. Speaker, I’m proud to represent commu- other villages on the bay side. nity leaders like Bill in the United States Con- HON. JACK BERGMAN gress and it is with great pride that I recognize The Spanish explorer Don Gaspar de OF MICHIGAN ` him today. I ask that my colleagues in the Portola arrived in 1769 and climbed the moun- IN THE HOUSE OF REPRESENTATIVES tain behind Pacifica to a point now known as United States House of Representatives join Sweeney Ridge. From that point, Portola` was Wednesday, November 8, 2017 me in congratulating Bill for this outstanding the first European to discover the existence of Mr. BERGMAN. Mr. Speaker, it’s my honor achievement and in wishing him nothing but San Francisco Bay. In the next decades, thou- to recognize the Northwestern Michigan Col- the best in his retirement. sands followed, leading to the establishment lege Aviation Program upon the occasion of its f of Mission Delores and the creation of early 50th Anniversary. Through innovation, pas- HONORING THE LIFE OF VIRGIL San Francisco. Pacifica fed San Francisco sion, and dedication, NMC Aviation has be- HANKS from crops planted throughout the San Pedro come an indispensable part of Northern Michi- Valley. In 1839, a Mexican land grant to Don gan. HON. JODY B. HICE Francisco Sanchez was made and it almost Founded in 1967, NMC Aviation came from OF GEORGIA exactly matched the boundaries of modern- small beginnings with three planes and five in- IN THE HOUSE OF REPRESENTATIVES day Pacifica. structors. In just 50 years, it has grown to be While much of modern-day Pacifica might one of the most respected aviation programs Wednesday, November 8, 2017 be unrecognizable to the Ohlone or to Don in the country. Today, they continue to raise Mr. JODY B. HICE of Georgia. Mr. Speaker, Francisco Sanchez, one characteristic of those the bar of innovation through ground-breaking I rise today to honor the life and legacy of one

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A08NO8.032 E08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — Extensions of Remarks E1539 of my constituents and an American hero, TRIBUTE TO BLUE STAR MOTHERS Martin is the Band Director at Clarinda Mid- Corporal Virgil Hanks. Corporal Hanks passed dle School in Clarinda, Iowa. He has served in away last week at the age of 96, just a few HON. TODD ROKITA that position since 2003. A graduate of days before Veterans Day. OF INDIANA Morningside College and the University of Corporal Hanks joined the United States IN THE HOUSE OF REPRESENTATIVES Kansas, he serves as the Southwest Iowa Army Air Corps in 1942 and was honorably Bandmaster’s Association representative for discharged from the military at the end of Wednesday, November 8, 2017 middle school affairs and has served as dis- World War II following four years of service. In Mr. ROKITA. Mr. Speaker, I rise today to trict president of the Southwest Iowa Band- 2015, in his hometown of Social Circle, Geor- recognize and salute Blue Star Mothers in master’s Association. He also fills a leadership gia, I had the distinct honor of presenting Cor- honor of Military Family Appreciation Month. role in the Journey of Excellence Mentor Pro- poral Hanks with a certificate of Congressional Blue Star Mothers are mothers, stepmothers, gram for first year teachers and is a member Recognition and a World War II Victory Medal grandmothers, foster mothers and female legal of the District Leadership Team, which fo- for his valuable and selfless contribution to our guardians who have children serving in the cuses on teacher professional development Nation’s wartime efforts. military, Guard or Reserve, or who are vet- activities for visual arts, music, and physical Virgil Hanks will be remembered as an in- erans. These women provide support for the education. credibly kind and humble man, dedicated to service members that make up our military, Mr. Speaker, I applaud and congratulate his late wife, siblings, and children, whom he the veterans on the homefront, and the fami- Martin for earning this award. He is an excel- loved fiercely. His legacy of service survives to lies of our service members and veterans. lent example of how hard work and dedication this day throughout Georgia’s 10th Congres- The Blue Star Mothers started in the United can affect the future of our youth and their sional District, and he will be buried at the States 75 years ago during World War II in education. I ask that my colleagues in the Georgia National Cemetery with his other Flint, Michigan. On January 22, 1942, the Flint United States House of Representatives join brothers and sisters in arms. News Advertiser printed a coupon asking me in congratulating Martin for this out- Mr. Speaker, I ask my colleagues to join me mothers of servicemen to return the coupon standing recognition and in wishing him noth- in a moment of silence to honor the life of after filling it out. The following February, 300 ing but continued success. Corporal Virgil Hanks, a hero who deserves mothers came together for their first meeting the respect of all Americans and will be sorely and decided to form a permanent organiza- f missed by so many in the community. tion. They started working in hospitals and f train stations, packed care packages for sol- diers, and became a working part of homeland SENATE COMMITTEE MEETINGS CELEBRATING THE 100TH security during times of war. ANNIVERSARY OF HONOR BANK Title IV of Senate Resolution 4, Today, Blue Star Mothers have a presence agreed to by the Senate of February 4, in 40 states consisting of almost 300 chapters 1977, calls for establishment of a sys- HON. JACK BERGMAN nationwide. In the State of Indiana, we have tem for a computerized schedule of all OF MICHIGAN seven chapters that I would like to recognize meetings and hearings of Senate com- IN THE HOUSE OF REPRESENTATIVES directly. These chapters are the Blue Star mittees, subcommittees, joint commit- Wednesday, November 8, 2017 Mothers of Indiana out of Monticello, the Blue tees, and committees of conference. Star Hoosier Mothers out of Crawfordsville, This title requires all such committees Mr. BERGMAN. Mr. Speaker, it’s my honor the North Central Indiana Blue Star Mothers to recognize Honor Bank upon the occasion of to notify the Office of the Senate Daily out of Kokomo, the St. Joe Valley Blue Star Digest—designated by the Rules Com- its 100th Anniversary. Through its trusted Mothers out of South Bend, the Fort Wayne services, reliable staff, and community en- mittee—of the time, place and purpose Area Blue Star Mothers out of Fort Wayne, the of the meetings, when scheduled and gagement, Honor Bank has become an indis- Hoosier Heartland Blue Star Mothers out of pensable part of Northern Michigan. any cancellations or changes in the Kokomo, and the Indy Blue Star Mothers out meetings as they occur. Founded in 1917 as Honor State Bank, just of Indianapolis. Each of these groups has had $20,000 in capital and a determined staff built an incredible impact on our community and on As an additional procedure along the bank into the community institution it is the Hoosier service members and their fami- with the computerization of this infor- today. Over the course of 100 years, Honor lies. mation, the Office of the Senate Daily Bank forged its path to success through World These women know what it means to serve Digest will prepare this information for Wars and financial crises, all while maintaining our country. They live it each and every day. printing in the Extensions of Remarks its commitment to the community it was built It is with their help and strength that we are section of the CONGRESSIONAL RECORD upon. Today, the bank’s capital has grown, yet able to have the greatest military the world on Monday and Wednesday of each it still promotes its ideals of independent com- has ever seen. Behind each of our heroes, week. munity banking. both at home and abroad, you will likely find Meetings scheduled for Thursday, No- The bank’s Honor Code of integrity, hard a Blue Star Mother providing them the sup- vember 9, 2017 may be found in the work, responsibility, teamwork, and reliability is port, encouragement, and courage they need Daily Digest of today’s RECORD. illustrated through its Giving Back to our Com- to fight our foes. Mr. Speaker, we need more munities program. During each month of this Americans like the Blue Star Mothers. MEETINGS SCHEDULED year’s anniversary celebrations, Honor Bank is f highlighting the work of a local non-profit NOVEMBER 14 agency chosen by the bank’s employees. TRIBUTE TO MARTIN ALDRICH 9:30 a.m. Through this Agency Spotlight, customers and Committee on Energy and Natural Re- employees are encouraged to donate needed HON. DAVID YOUNG sources To hold an oversight hearing to examine items, and employees volunteer on average OF IOWA hurricane recovery efforts in Puerto 100 minutes per month to the selected agen- IN THE HOUSE OF REPRESENTATIVES cy. These charities have included the Betsie Rico and the United States Virgin Is- Wednesday, November 8, 2017 lands. Valley District Library, Michigan Blood, and the SD–366 Benzie Food Pantry. Honor Bank continues to Mr. YOUNG of Iowa. Mr. Speaker, I rise 10 a.m. set a positive example of what can be today to recognize and congratulate Martin Al- Committee on Armed Services achieved when a company is built around a drich of Clarinda, Iowa for being selected as To hold hearings to examine the nomina- community. the 2016–17 Educator of the Year by Schmitt tions of Anthony Kurta, of Montana, to Mr. Speaker, it’s my honor to congratulate Music Company. The Schmitt Music Company be a Principal Deputy Under Secretary, Honor Bank and its staff for 100 years of suc- operates music stores in 7 Midwest states, of- and James E. McPherson, of Virginia, cess, service, and community investments. fering help to over 13,000 students per year to be General Counsel of the Depart- ment of the Army, both of the Depart- Michiganders can take great pride in knowing with music lessons, and employing nearly 400 ment of Defense, and Gregory E. the First District is home to such dedicated people, many who are professional musicians. Maggs, of Virginia, to be a Judge of the citizens. On behalf of my constituents, I wish They are dedicated to recognizing teachers United States Court of Appeals for the Honor Bank all the best in its future endeav- who go above and beyond in their musical ca- Armed Forces. ors. reers. SD–G50

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A08NO8.036 E08NOPT1 E1540 CONGRESSIONAL RECORD — Extensions of Remarks November 8, 2017 Committee on Environment and Public Committee on Foreign Relations Judge for the Eastern District of Ken- Works Subcommittee on East Asia, the Pacific, tucky. Subcommittee on Clean Air and Nuclear and International Cybersecurity Policy SD–226 Safety To hold hearings to examine American 2 p.m. To hold hearings to examine S. 1857, to leadership in the Asia-Pacific, focusing Committee on Foreign Relations establish a compliance deadline of May on the view from Beijing. Subcommittee on Western Hemisphere, 15, 2023, for Step 2 emissions standards SD–419 Transnational Crime, Civilian Secu- for new residential wood heaters, new rity, Democracy, Human Rights, and residential hydronic heaters, and NOVEMBER 15 Global Women’s Issues To hold hearings to examine attacks on forced-air furnaces, S. 203, to reaffirm 9 a.m. United States diplomats in Cuba, fo- that the Environmental Protection Committee on Energy and Natural Re- cusing on response and oversight. Agency may not regulate vehicles used sources SD–419 solely for competition, S. 839, to allow Business meeting to consider, pursuant 2:30 p.m. for judicial review of any final rule ad- to H. Con. Res. 71, the Concurrent Res- Committee on Appropriations dressing national emission standards olution on the Budget for Fiscal Year Subcommittee on Military Construction for hazardous air pollutants for brick 2018, reconciliation legislation to au- and Veterans Affairs, and Related and structural clay products or for clay thorize the Secretary of the Interior to Agencies ceramics manufacturing before requir- establish and administer a competitive To hold hearings to examine Department ing compliance with such rule, and S. oil and gas program in the non-wilder- of Veterans Affairs efforts to prevent 1934, to prevent catastrophic failure or ness portion of the Arctic National and combat opioid overmedication. shutdown of remote diesel power en- Wildlife Refuge, known as the ‘‘1002 SD–124 gines due to emission control devices. Area’’ or Coastal Plain. Committee on Health, Education, Labor, SD–406 SD–366 and Pensions Committee on Foreign Relations 9:30 a.m. To hold hearings to examine the nomina- Business meeting to consider S. 1928, to Commission on Security and Cooperation tions of Mitchell Zais, of South Caro- establish a review of United States in Europe lina, to be Deputy Secretary, James multilateral aid, and the nomination of To hold hearings to examine the victims Blew, of California, to be Assistant Eric M. Ueland, of Oregon, to be an of Turkey’s failing rule of law. Secretary for Planning, Evaluation, Under Secretary of State (Manage- SD–124 and Policy Development, and Timothy ment); to be immediately followed by a 10 a.m. Kelly, of Michigan, to be Assistant Sec- hearing to examine the authority to Committee on Environment and Public retary for Career, Technical, and Adult Education, all of the Department of order the use of nuclear weapons. Works Education, and Kate S. O’Scannlain, of SD–419 To hold hearings to examine promoting Maryland, to be Solicitor, and Preston Committee on Health, Education, Labor, American leadership in reducing air Rutledge, of the District of Columbia, and Pensions emissions through innovation. SD–406 to be an Assistant Secretary, both of To hold hearings to examine gene editing the Department of Labor. Committee on Health, Education, Labor, technology, focusing on innovation and SD–430 and Pensions impact. Committee on the Judiciary To hold hearings to examine encouraging SD–430 Subcommittee on Antitrust, Competition Committee on the Judiciary healthy communities, focusing on per- Policy and Consumer Rights To hold hearings to examine firearm ac- spective from the Surgeon General. To hold hearings to examine the con- cessory regulation and enforcing Fed- SD–430 sumer welfare standard in antitrust. eral and state reporting to the Na- Committee on the Judiciary SD–226 tional Instant Criminal Background To hold hearings to examine the nomina- Check System (NICS). tions of James C. Ho, of Texas, to be NOVEMBER 16 United States Circuit Judge for the SD–226 10 a.m. 2:30 p.m. Fifth Circuit, Don R. Willett, of Texas, Committee on Armed Services Committee on Commerce, Science, and to be a Circuit Judge, United States To hold hearings to examine the nomina- Transportation Court of Appeals for the Fifth Circuit, tions of John C. Rood, of Arizona, to be Subcommittee on Consumer Protection, Claria Horn Boom, to be United States Under Secretary for Policy, and Ran- Product Safety, Insurance, and Data District Judge for the Eastern and dall G. Schriver, of Virginia, to be an Security Western Districts of Kentucky, John Assistant Secretary, both of the De- W. Broomes, to be United States Dis- To hold hearings to examine technology partment of Defense. trict Judge for the District of Kansas, in agriculture, focusing on data-driven SD–G50 Rebecca Grady Jennings, to be United farming. Committee on Foreign Relations States District Judge for the Western SR–253 To receive a closed briefing on new District of Kentucky, and Robert Earl counterterrorism guidance. Wier, to be United States District SVC–217

VerDate Sep 11 2014 04:48 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\M08NO8.000 E08NOPT1 Wednesday, November 8, 2017 Daily Digest Senate By 49 yeas to 46 nays (Vote No. 267), Senate Chamber Action agreed to the motion to close further debate on the Routine Proceedings, pages S7071–S7123 nomination. Pages S7097–98 Measures Introduced: Thirteen bills and two reso- A unanimous-consent agreement was reached pro- lutions were introduced, as follows: S. 2094–2106, viding for further consideration of the nomination, and S. Res. 324–325. Pages S7109–10 post-cloture, at approximately 9:30 a.m., on Thurs- Measures Reported: day, November 9, 2017. Page S7121 S. 873, to amend section 8433 of title 5, United Nominations—Agreement: A unanimous-consent- States Code, to provide for flexibility in making time agreement was reached providing that notwith- withdrawals from the Thrift Savings Fund, with an standing Rule XXII, at 11 a.m., on Thursday, No- amendment. (S. Rept. No. 115–183) vember 9, 2017, there be 30 minutes of post-cloture H.R. 195, to amend title 44, United States Code, time remaining on the nomination of William L. to restrict the distribution of free printed copies of Wehrum, of Delaware, to be an Assistant Adminis- the Federal Register to Members of Congress and trator of the Environmental Protection Agency, other officers and employees of the United States. (S. equally divided between the two Leaders or their Rept. No. 115–184) Page S7109 designees, and that following the use or yielding Measures Passed: back of that time, Senate vote on confirmation of the nomination; and that following disposition of the National Diabetes Heart Health Awareness Wehrum nomination, Senate stand in recess until Day: Senate agreed to S. Res. 324, designating No- 1:45 p.m.; and that at 1:45 p.m., Senate vote on the vember 9, 2017, as ‘‘National Diabetes Heart Health motion to invoke cloture on the nomination of Awareness Day’’, coinciding with American Diabetes Derek Kan, of California, to be Under Secretary of Month. Pages S7120–21 Transportation for Policy, with no intervening action National Obesity Care Week: Senate agreed to S. or debate. Page S7121 Res. 325, expressing support for designation of the Nominations Confirmed: Senate confirmed the fol- week of October 29 through November 4, 2017, as lowing nominations: ‘‘National Obesity Care Week’’. Page S7121 By 49 yeas to 46 nays (Vote No. EX. 266), Peter FITARA Enhancement Act: Senate passed H.R. B. Robb, of Vermont, to be General Counsel of the 3243, to amend title 40, United States Code, to National Labor Relations Board for a term of four eliminate the sunset of certain provisions relating to years. Pages S7072–97, S7123 information technology, to amend the National De- Melissa Sue Glynn, of the District of Columbia, fense Authorization Act for Fiscal Year 2015 to ex- to be an Assistant Secretary of Veterans Affairs (En- tend the sunset relating to the Federal Data Center terprise Integration). Consolidation Initiative. Page S7121 Cheryl L. Mason, of Virginia, to be Chairman of Federal Agency Mail Management Act: Senate the Board of Veterans’ Appeals for a term of six passed H.R. 194, to ensure the effective processing years. of mail by Federal agencies. Page S7121 Randy Reeves, of Mississippi, to be Under Sec- Wehrum Nomination—Agreement: Senate re- retary of Veterans Affairs for Memorial Affairs. sumed consideration of the nomination of William Pages S7106, S7123 L. Wehrum, of Delaware, to be an Assistant Admin- Messages from the House: Pages S7107–08 istrator of the Environmental Protection Agency. Measures Referred: Page S7108 Pages S7098–S7106 During consideration of this nomination today, Executive Communications: Page S7108 Senate also took the following action: Petitions and Memorials: Pages S7108–09 D1190

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Executive Reports of Committees: Page S7109 Mayer, Yahoo, San Francisco, California; Karen Additional Cosponsors: Pages S7110–11 Zacharia, Verizon, New York, New York; and Todd Wilkinson, Entrust Datacard, Shakopee, Minnesota. Statements on Introduced Bills/Resolutions: Pages S7111–20 NOMINATIONS Additional Statements: Page S7107 Committee on Environment and Public Works: Com- mittee concluded a hearing to examine the nomina- Authorities for Committees to Meet: Page S7120 tions of Kathleen Hartnett White, of Texas, to be Privileges of the Floor: Page S7120 a Member of the Council on Environmental Quality, Record Votes: Two record votes were taken today. and Andrew Wheeler, of Virginia, to be Deputy Ad- (Total—267) Pages S7097, S7098 ministrator of the Environmental Protection Agency, who was introduced by Representative Stivers, after Adjournment: Senate convened at 10 a.m. and ad- the nominees testified and answered questions in journed at 7:03 p.m., until 9:30 a.m. on Thursday, their own behalf. November 9, 2017. (For Senate’s program, see the remarks of the Majority Leader in today’s Record on AFRICA page S7121.) Committee on Foreign Relations: Subcommittee on Afri- ca and Global Health Policy received a closed brief- Committee Meetings ing on a readout of Ambassador Haley’s recent trip to Africa from Nikki R. Haley, Permanent Rep- (Committees not listed did not meet) resentative to the United Nations, Department of BUSINESS MEETING State. Committee on Commerce, Science, and Transportation: NOMINATION Committee ordered favorably reported the following Committee on Homeland Security and Governmental Af- business items: fairs: Committee concluded a hearing to examine the S. 1693, to amend the Communications Act of nomination of Kirstjen Nielsen, of Virginia, to be 1934 to clarify that section 230 of that Act does not Secretary of Homeland Security, after the nominee, prohibit the enforcement against providers and users who was introduced by Senators Portman and Rubio, of interactive computer services of Federal and State testified and answered questions in their own behalf. criminal and civil law relating to sex trafficking, with an amendment in the nature of a substitute; INDIAN AFFAIRS LEGISLATION S. 1668, to rename a waterway in the State of Committee on Indian Affairs: Committee concluded a New York as the ‘‘Joseph Sanford Jr. Channel’’; and hearing to examine S. 1400, to amend title 18, The nominations of Dana Baiocco, of Ohio, to be United States Code, to enhance protections of Native a Commissioner of the Consumer Product Safety American tangible cultural heritage, and S. 465, to Commission, James Bridenstine, of Oklahoma, to be provide for an independent outside audit of the In- Administrator of the National Aeronautics and Space dian Health Service, after receiving testimony from Administration, Neil Jacobs, of North Carolina, and John Tahsuda III, Acting Assistant Secretary—In- Nazakhtar Nikakhtar, of Maryland, both to be an dian Affairs, Department of the Interior; Elizabeth Assistant Secretary of Commerce, Bruce Landsberg, A. Fowler, Deputy Director for Management Oper- of South Carolina, to be a Member of the National ations, Indian Health Service, Department of Health Transportation Safety Board, Raymond Martinez, of and Human Services; David Flute, Sisseton- New Jersey, to be Administrator of the Federal Wahpeton Sioux Tribe, Agency Village, South Da- Motor Carrier Safety Administration, and Diana kota; and Kurt Riley, Pueblo of Acoma, Acoma, Furchtgott-Roth, of Maryland, to be an Assistant New Mexico. Secretary, both of the Department of Transportation, LAWSUIT ABUSE ON AMERICAN SMALL and Leon A. Westmoreland, of Georgia, to be a Di- BUSINESSES rector of the Amtrak Board of Directors. Committee on the Judiciary: Committee concluded a DATA BREACHES hearing to examine the impact of lawsuit abuse on Committee on Commerce, Science, and Transportation: American small businesses and job creators, includ- Committee concluded a hearing to examine pro- ing S. 237, to amend Rule 11 of the Federal Rules tecting consumers in the era of major data breaches, of Civil Procedure to improve attorney account- after receiving testimony from Paulino do Rego ability, after receiving testimony from Elizabeth Barros, Jr., Atlanta, Georgia, and Richard F. Smith, Milito, National Federation of Independent Business Los Angeles, California, both of Equifax; Marissa Small Business Legal Center, and John H. Beisner,

VerDate Sep 11 2014 05:31 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO7.REC D08NOPT1 D1192 CONGRESSIONAL RECORD — DAILY DIGEST November 8, 2017 Skadden, Arps, Slate, Meagher and Flom LLP, on be- shiva University Benjamin N. Cardozo School of half of the U.S. Chamber Institute for Legal Reform, Law, New York, New York. both of Washington, D.C.; and Myriam Gilles, Ye- h House of Representatives ment under the five-minute rule the amendment in Chamber Action the nature of a substitute recommended by the Com- Public Bills and Resolutions Introduced: 24 pub- mittee on Energy and Commerce now printed in the lic bills, H.R. 4294–4317; and 1 resolution, H. Con. bill. Page H8630 Res. 91, were introduced. Pages H8660–61 Agreed to: Additional Cosponsors: Pages H8662–63 Grothman amendment (No. 1 printed in H. Rept. Reports Filed: Reports were filed today as follows: 115–391) that requires the U.S. Department of Inte- H.R. 3071, to require executive agencies to con- rior consider the threat of invasive species when it sider equipment rental in any cost-effectiveness anal- makes decisions on hydropower licensing; ysis for equipment acquisition, and for other pur- Pages H8633–34 poses (H. Rept. 115–402); and Babin amendment (No. 2 printed in H. Rept. H.R. 3244, to amend title 5, United States Code, 115–391) that allows FERC to examine the licenses to provide for annual surveys of Federal employees, of any project located in an area that was declared and for other purposes, with an amendment (H. by the President to be a disaster area in 2017; and Page H8634 Rept. 115–403). Page H8660 Jenkins (WV) amendment (No. 3 printed in H. Speaker: Read a letter from the Speaker wherein he Rept. 115–391) that ensures that when hydro appointed Representative Bacon to act as Speaker pro projects have an existing Memorandum of Under- tempore for today. Page H8599 standing for non-federal hydropower with FERC that Recess: The House recessed at 10:57 a.m. and re- all relevant federal agencies are authorized to fully convened at 12 noon. Page H8605 study and review the potential expansion of non-fed- Guest Chaplain: The prayer was offered by the eral hydropower, including a review of seasonal pool Guest Chaplain, Pastor Jeff Williams, Faith Commu- levels and slowing flood releases. Pages H8634–35 nity Church, Janesville, WI. Page H8605 Rejected: Rush amendment in the nature of a substitute Micro Offering Safe Harbor Act—Rule for Con- (No. 4 printed in H. Rept. 115–391) that sought to sideration: The House agreed to H. Res. 609, pro- viding for consideration of the bill (H.R. 2201) to add a new section to the Federal Power Act (FPA) amend the Securities Act of 1933 to exempt certain to improve the hydropower licensing process; direct micro-offerings from the registration requirements of the Commission and the Federal resource agencies to such Act, by a yea-and-nay vote of 233 yeas to 190 convene a negotiated rulemaking within 90 days of nays, Roll No. 617 , after the previous question was enactment with state and local government rep- ordered by a yea-and-nay vote of 224 yeas to 190 resentatives, Indian tribes, and stakeholders to de- velop a process that will coordinate all necessary nays, Roll No. 616. Pages H8609–14 Federal authorizations and enable the Commission to Recess: The House recessed at 3:20 p.m. and recon- make a final decision on a license not later than 3 vened at 4:30 p.m. Page H8641 years of receiving a completed license application (by Meeting Hour: Agreed by unanimous consent that a recorded vote of 185 ayes to 234 noes, Roll No. when the House adjourns today, it adjourn to meet 619). Pages H8635–41, H8641–42 at 9 a.m. tomorrow, November 9. Page H8641 H. Res. 607, the rule providing for consideration Hydropower Policy Modernization Act of 2017: of the bills (H.R. 3043) and (H.R. 3441) was agreed The House passed H.R. 3043, to modernize hydro- to yesterday, November 7th. power policy, by a recorded vote of 257 ayes to 166 Suspensions—Proceedings Resumed: The House noes, Roll No. 620. Pages H8614–42 agreed to suspend the rules and pass the following Pursuant to the Rule, it shall be in order to con- measures. Consideration began Tuesday, November sider as an original bill for the purpose of amend- 7th.

VerDate Sep 11 2014 05:31 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO7.REC D08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D1193 Veterans Crisis Line Study Act of 2017: H.R. ADMINISTRATION PRIORITIES FOR THE 4173, amended, to direct the Secretary of Veterans INTERNATIONAL FINANCIAL Affairs to conduct a study on the Veterans Crisis INSTITUTIONS Line, by a 2⁄3 yea-and-nay vote of 420 yeas with Committee on Financial Services: Subcommittee on none voting ‘‘nay’’, Roll No. 618; and Page H8614 Monetary Policy and Trade held a hearing entitled Veterans Fair Debt Notice Act of 2017: H.R. ‘‘Administration Priorities for the International Fi- 3705, amended, to direct the Secretary of Veterans nancial Institutions’’. Testimony was heard from Affairs to require the use of certified mail and plain David Malpass, Under Secretary for International Af- language in certain debt collection activities, by a 2/ fairs, Department of the Treasury. 3 yea-and-nay vote of 422 yeas with none voting FINANCIAL INTELLIGENCE AND ‘‘nay’’, Roll No. 621. Page H8643 ENFORCEMENT: TREASURY’S ROLE IN Senate Referrals: S. 1088 was referred to the Com- SAFEGUARDING THE AMERICAN mittee on Oversight and Government Reform. S. FINANCIAL SYSTEM 1015 was referred to the Committee on Energy and Committee on Financial Services: Subcommittee on Ter- Commerce and the Committee on Veterans’ Affairs. rorism and Illicit Finance held a hearing entitled Page H8660 ‘‘Financial Intelligence and Enforcement: Treasury’s Senate Message: Message received from the Senate Role in Safeguarding the American Financial Sys- by the Clerk and subsequently presented to the tem’’. Testimony was heard from Sigal Mandelker, House today appears on page H8609. Under Secretary for Terrorism and Financial Intel- ligence, Department of the Treasury. Quorum Calls—Votes: Four yea-and-nay votes and two recorded votes developed during the proceedings THE PRESIDENT’S PLAN FOR of today and appear on pages H8612–13, AFGHANISTAN AND PAKISTAN: H8613–14, H8614, H8641–42, H8642, and OBJECTIVES AND RESOURCES H8643. There were no quorum calls. Committee on Foreign Affairs: Subcommittee on the Adjournment: The House met at 10 a.m. and ad- Middle East and North Africa; and Subcommittee on journed at 7:57 p.m. Asia and the Pacific held a joint hearing entitled ‘‘The President’s Plan for Afghanistan and Pakistan: Objectives and Resources’’. Testimony was heard Committee Meetings from Alice G. Wells, Acting Assistant Secretary, Acting Special Representative for Afghanistan and CLOSE TO HOME: HOW OPIOIDS ARE Pakistan, Bureau of South and Central Asian Affairs, IMPACTING COMMUNITIES Department of State; and Gregory Huger, Assistant to the Administrator, Office of Afghanistan and Committee on Education and the Workforce: Sub- Pakistan Affairs, U.S. Agency for International De- committee on Early Childhood, Elementary, and Sec- velopment. ondary Education; and Subcommittee on Higher Education and Workforce Development held a joint EXAMINING THE EFFECTIVENESS OF THE hearing entitled ‘‘Close to Home: How Opioids are KINGPIN DESIGNATION ACT IN THE Impacting Communities’’. Testimony was heard WESTERN HEMISPHERE from Leana Wen, Commissioner, Baltimore City Committee on Foreign Affairs: Subcommittee on the Health Department; David Cox, Superintendent, Al- Western Hemisphere held a hearing entitled ‘‘Exam- legany County, Maryland; and public witnesses. ining the Effectiveness of the Kingpin Designation Act in the Western Hemisphere’’. Testimony was MACRA AND ALTERNATIVE PAYMENT heard from public witnesses. MODELS: DEVELOPING OPTIONS FOR PREVENTING THE NEXT ATTACK: TSA’S VALUE-BASED CARE ROLE IN KEEPING OUR TRANSPORTATION Committee on Energy and Commerce: Subcommittee on SYSTEMS SECURE Health held a hearing entitled ‘‘MACRA and Alter- Committee on Homeland Security: Full Committee held native Payment Models: Developing Options for a hearing entitled ‘‘Preventing the Next Attack: Value-based Care’’. Testimony was heard from Jeffrey TSA’s Role in Keeping Our Transportation Systems Bailet, Chairperson, Physician-Focused Payment Secure’’. Testimony was heard from David P. Model Technical Advisory Committee, Department Pekoske, Administrator, Transportation Security Ad- of Health and Human Services; and public witnesses. ministration, Department of Homeland Security.

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MISCELLANEOUS MEASURES Testimony was heard from Barbara Carson, Associate Committee on the Judiciary: Full Committee held a Administrator, Office of Veterans Business Develop- markup on H.R. 3989, the ‘‘USA Liberty Act of ment, Small Business Administration. 2017’’. H.R. 3989 was ordered reported, as amend- ed. MISCELLANEOUS MEASURES Committee on Veterans’ Affairs: Full Committee held a MISCELLANEOUS MEASURES markup on H.R. 4243, the ‘‘VA Asset and Infra- Committee on Natural Resources: Full Committee con- structure Review Act of 2017’’. H.R. 4243 was or- cluded a markup on H.R. 995, the ‘‘21st Century dered reported, as amended. Respect Act’’; H.R. 1532, the ‘‘Poarch Band of Creek Indians Land Reaffirmation Act’’; H.R. 180, A REVIEW OF THE INTERAGENCY to direct the Secretary of Agriculture to transfer cer- TRANSITION ASSISTANCE PROGRAM AND tain Federal land to facilitate scientific research sup- THE NEED FOR ENHANCED OUTCOME porting Federal space and defense programs; H.R. MEASUREMENTS 2504, to ensure fair treatment in licensing require- Committee on Veterans’ Affairs: Subcommittee on Eco- ments for the export of certain echinoderms; H.R. nomic Opportunity held a hearing entitled ‘‘A Re- 2907, the ‘‘Planning for American Energy Act of view of the Interagency Transition Assistance Pro- 2017’’; H.R. 3469, to designate the bridge located gram and the Need for Enhanced Outcome Measure- in Blount County, Tennessee, on the Foothills Park- ments’’. Testimony was heard from Cindy Brown way (commonly known as ‘‘Bridge 2’’) as the ‘‘Dean Barnes, Director, Education, Workforce and Income Stone Bridge’’; H.R. 3905, the ‘‘Minnesota’s Eco- Security, Government Accountability Office; Mar- nomic Rights in the Superior National Forest Act’’; garita Devlin, Executive Director, Benefits Assistance H.R. 4239, the ‘‘SECURE American Energy Act’’; Service, Veterans Benefits Administration, Depart- and S. 140, to amend the White Mountain Apache ment of Veterans Affairs; Ivan E. Denton, Director, Tribe Water Rights Quantification Act of 2010 to Office of National Programs, Veterans’ Employment clarify the use of amounts in the WMAT Settlement and Training Service, Department of Labor; Judd H. Fund. H.R. 995, H.R. 1800, and H.R. 4239 were Lyons, Director, Defense Personnel and Family Sup- ordered reported, as amended. H.R. 1532, H.R. port Center, Office of the Under Secretary of Defense 2504, H.R. 2907, H.R. 3469, H.R. 3905, and S. for Personnel and Readiness, Department of Defense; 140 were ordered reported, without amendment. Brigadier General Robert Bennett, Adjutant General, MOVING THE AMERICAN EMBASSY IN U.S. Army; Rear Admiral Karl O. Thomas, Director, ISRAEL TO JERUSALEM: CHALLENGES AND 21st Century Sailor Office, Office of the Chief of OPPORTUNITIES Naval Operations, U.S. Navy; Brigadier General Committee on Oversight and Government Reform: Sub- Kathleen A. Cook, Director, Air Force Services, committee on National Security held a hearing enti- Manpower, Personnel and Services; and Brigadier tled ‘‘Moving the American Embassy in Israel to Je- General Kurt W. Stein, Director, Marine and Family rusalem: Challenges and Opportunities’’. Testimony Programs, U.S. Marine Corps. was heard from public witnesses. MISCELLANEOUS MEASURE GEOENGINEERING: INNOVATION, Committee on Ways and Means: Full Committee con- RESEARCH, AND TECHNOLOGY tinued a markup on H.R. 1, the ‘‘Tax Cuts and Jobs Committee on Science, Space, and Technology: Sub- Act’’. committee on Environment; and Subcommittee on Energy held a joint hearing entitled ‘‘Geoengineering: Innovation, Research, and Tech- Joint Meetings nology’’. Testimony was heard from Phil Rasch, Chief Scientist for Climate Science, Laboratory Fel- NATIONAL DEFENSE AUTHORIZATION low, Pacific Northwest National Laboratory; and ACT public witnesses. Conferees agreed to file a conference report on the differences between the Senate and House passed HIRING MORE HEROES: A REVIEW OF versions of H.R. 2810, to authorize appropriations SBA’S OFFICE OF VETERANS BUSINESS for fiscal year 2018 for military activities of the De- DEVELOPMENT partment of Defense, for military construction, and Committee on Small Business: Full Committee held a for defense activities of the Department of Energy, hearing entitled ‘‘Hiring More Heroes: A Review of to prescribe military personnel strengths for such fis- SBA’s Office of Veterans Business Development’’. cal year.

VerDate Sep 11 2014 05:31 Nov 09, 2017 Jkt 079060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D08NO7.REC D08NOPT1 November 8, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D1195 COMMITTEE MEETINGS FOR THURSDAY, initiatives that will reduce the risk of injury and death NOVEMBER 9, 2017 relating to the wandering characteristics of some children with autism, and the nominations of Gregory G. Katsas, (Committee meetings are open unless otherwise indicated) of Virginia, to be United States Circuit Judge for the District of Columbia Circuit, Jeffrey Uhlman Senate Beaverstock, to be United States District Judge for the Committee on Agriculture, Nutrition, and Forestry: business Southern District of Alabama, Emily Coody Marks, and meeting to consider S. 2099, to provide for the manage- Brett Joseph Talley, both to be a United States District ment by the Secretary of Agriculture of certain Federal Judge for the Middle District of Alabama, Holly Lou land; to be immediately followed by a hearing to examine Teeter, to be United States District Judge for the District the nominations of Glen R. Smith, of Iowa, to be a of Kansas, and Bobby L. Christine, to be United States Member of the Farm Credit Administration Board, and Attorney for the Southern District of Georgia, and David Stephen Alexander Vaden, of Tennessee, to be General J. Freed, to be United States Attorney for the Middle Counsel of the Department of Agriculture, 9:30 a.m., District of Pennsylvania, both of the Department of Jus- SR–328A. tice, 10 a.m., SD–226. Committee on Armed Services: to hold hearings to examine the nominations of Robert H. McMahon, of Georgia, to House be an Assistant Secretary, R. D. James, of Missouri, and Committee on Armed Services, Subcommittee on Readi- Bruce D. Jette, of Virginia, both to be an Assistant Sec- ness, hearing entitled ‘‘Aviation Readiness: What’s the retary of the Army, and Shon J. Manasco, of Texas, to Flight Plan?’’, 10:30 a.m., 2212 Rayburn. be an Assistant Secretary of the Air Force, all of the De- Committee on Energy and Commerce, Subcommittee on partment of Defense, 10 a.m., SD–G50. Digital Commerce and Consumer Protection, hearing en- Committee on Homeland Security and Governmental Affairs: titled ‘‘Perspectives on Mixed Martial Arts’’, 10 a.m., business meeting to consider the nominations of Kirstjen 2123 Rayburn. Nielsen, of Virginia, to be Secretary of Homeland Secu- Subcommittee on Environment, hearing on legislation rity, Ernest W. Dubester, of Virginia, Colleen Kiko, of on the Farm Regulatory Certainty Act, 10:15 a.m., 2322 North Dakota, and James Thomas Abbott, of Virginia, Rayburn. each to be a Member of the Federal Labor Relations Au- Committee on Foreign Affairs, Subcommittee on Africa, thority, and Jonathan H. Pittman, to be an Associate Global Health, Global Human Rights, and International Judge of the Superior Court of the District of Columbia, Organizations, hearing entitled ‘‘Resolving the Political 10:30 a.m., SD–342. Crisis in the Democratic Republic of the Congo’’, 9 a.m., Committee on the Judiciary: business meeting to consider 2172 Rayburn. S. 2070, to amend the Violent Crime Control and Law Committee on Science, Space, and Technology, Subcommittee Enforcement Act of 1994, to reauthorize the Missing Alz- on Space, hearing entitled ‘‘An Update on NASA Explo- heimer’s Disease Patient Alert Program, and to promote ration Systems Development’’, 9:30 a.m., 2318 Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, November 9 9 a.m., Thursday, November 9

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of H.R. 2201— ation of the nomination of William L. Wehrum, of Dela- Micro Offering Safe Harbor Act. ware, to be an Assistant Administrator of the Environ- mental Protection Agency, and vote on confirmation of the nomination at approximately 11:30 a.m. Following disposition of the nomination of William L. Wehrum, Senate will stand in recess until 1:45 p.m. At 1:45 p.m., Senate will vote on the motion to invoke cloture on the nomination of Derek Kan, of California, to be Under Secretary of Transportation for Policy.

Extensions of Remarks, as inserted in this issue

HOUSE Frankel, Lois, Fla., E1532 Raskin, Jamie, Md., E1530 Granger, Kay, Tex., E1531 Rokita, Todd, Ind., E1536, E1539 Aderholt, Robert B., Ala., E1535 Hice, Jody B., Ga., E1538 Rutherford, John H., Fla., E1530 Bergman, Jack, Mich., E1535, E1538, E1539 Hudson, Richard, N.C., E1531 Sessions, Pete, Tex., E1533 Bishop, Sanford D., Jr., Ga, E1534 Jordan, Jim, Ohio, E1529 Speier, Jackie, Calif., E1538 Bonamici, Suzanne, Ore., E1529 Kelly, Trent, Miss., E1534, E1536, E1536 Brady, Robert A., Pa., E1532 Lee, Barbara, Calif., E1537 Visclosky, Peter J., Ind., E1529 Bustos, Cheri, Ill., E1535 Lewis, Jason, Minn., E1529 Wilson, Frederica S., Fla., E1531, E1533 Castor, Kathy, Fla., E1533 McGovern, James P., Mass., E1532 Wittman, Robert J., Va., E1530 Collins, Doug, Ga., E1533, E1535 Moolenaar, John R., Mich., E1531 Young, David, Iowa, E1531, E1532, E1533, E1534, E1535, Courtney, Joe, Conn., E1536 Murphy, Stephanie M., Fla., E1537 E1536, E1537, E1538, E1539

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