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tv   US House of Representatives Special Orders  CSPAN  July 11, 2016 7:00pm-9:01pm EDT

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the speaker pro tempore: on this ote, the yeas are 357 --
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the speaker pro tempore: the yeas are 362 and the nays are 45. 2/3 being in the affirmative, the bill is passed and without objection, the motion to reconsider is laid on the table.
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the unfinished business is the vote on the motion of the the gentleman from pennsylvania, mr. fitzpatrick, to suspend the rules h.r. 5606 on which the yeas and nays are ordered. the clerk will report the title of the bill. to clerk: h.r. 5606, a bill facilitate to assist in the fighting of terrorist activities and for other purposes. the speaker pro tempore: the question is will the house suspend the rules and pass the bill. members will record their votes by electronic device. this is a five-minute vote. [captioning made possible by the national captioning institute, inc., in cooperation with the united states house of representatives. any use of the closed-captioned coverage of the house proceedings for political or commercial purposes is expressly prohibited by the u.s. house of representatives.]
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the speaker pro tempore: the yeas are 229 and the nays are 177, 2/3 not being in the affirmative, the rules are not suspended and the bills not passed.
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the speaker pro tempore: the house will be in order. please remove your conversations off the floor. please remove your conversations off the floor. the chair will postponefurther
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proceedings today on additional motions to suspend the rules on hich a rodded vote or on which the the yeas and nays are ordered or and any recorded votes on postponed questions will be taken later. he house will be in order. please take your conversations off the house floor. for what purpose does the gentleman from pennsylvania seek recognition? >> i move to suspend the rules and agree to house resolution 818. the speaker pro tempore: the clerk will report the title of the resolution. the clerk: resolution providing for the concurrence by the house in the senate amendments to h.r.
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636 with amendments. the speaker pro tempore: the gentleman from pennsylvania, mr. shuster, and the gentleman from oregon, each will control 20 minutes sm the chair recognizes the gentleman from pennsylvania. mr. shuster: i ask unanimous consent that all members have five legislative days to resice and stepped their remarks and include remarks. i yield myself such time as i may consume. mr. speaker, i rise in support .f house resolution 818 first and foremost this is a bipartisan, bicameral long-term extension of the federal aviation authority's funding and fiscal year. this extension provides stability to our aviation system while congress focuses on the full authorization.
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it will face a shutdown next week. and airport employees will come to a halt and 40 million a day will go uncollected. that is funding for air traffic control and other safety programs. this includes limited but critical and time-sensitive provisions to inclued safety and security. addresses and including the german air wings and other accidents. other issues address include protecting low-flying pile olts and reevaluating air systems. and the hiring process and ensuring the f.a.a. addresses growing nd given the
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demand for drones and the need to address our safety operations this includes provisions to manage the safe integration of drones. in response to safety concerns to cybersecurity risks, the extension requires the f.a.a. to have a plan. in addition to others, this addresses the security of our system. as the recent bombings, aviation remains a prominent target for terrorists. the house has passed these and this extension includes much of that language. his is a bipartisan, bicameral extension with safety and security reforms. i thank ranking member defazio and thank senator thune for their help in drafting this
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extension. i thank chairman mccaul and ranking member thompson for their efforts inputting together a robust security title and i thank others for their work. in addition, congressman lobiondo from new jersey, the chairman of the subcommittee and congressman larsen added important provisions into this extension. passing this will provide more than a year's worth of certainty in the aviation community. during this time, we will continue to develop a long-term f.a.a. bill. and with that, i urge all my colleagues to support h.r. 818 and i reserve the balance of my time. . . mr. defazio: this gives us 14 1/2 months of certainty for critical programs with the
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f.a.a. it is a bipartisan product. i would rather we had been doing a long-term authorization , more substantial policy, but this is an acceptable bill. safety title gives the f.a.a. authority to more rigorously go after people who use laser pointers. idiots who use laser pointers and potentially causing catastrophic accidents and eye damage. to go after people who are interfering and stopping fire fighting efforts with drones, shore up cybersecurity for safety critical aviation infrastructure, the f.a.a. is something i've been pursuing for years. will step up its oversight of overseas aircraft repair and overhaul facilities, where more and more work is being done. where they do not live up to u.s. standards. we changed the way in which some of the people at the f.a.a. had come up with a brilliant new idea, which was
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disqualifying people eminently qualified and already working as air traffic controllers from becoming air traffic controllers. we fixed that problem. we balance the need for integration of drones with the need to protect the general public and the national air space. and a number of other critical provisions. so with that, i recommend my colleagues support the legislation. the speaker pro tempore: does the gentleman reserve? mr. defazio: i reserve. the speaker pro tempore: the gentleman from oregon reserves. the gentleman from pennsylvania is recognized. mr. shuster: thank you, mr. speaker. i now recognize the gentleman from new jersey, the chairman of the aviation subcommittee, mr. lobiondo, for as much time as he may consume. mr. loebsack: i'd like to thank chairman -- mr. lobiondo: i'd like to thank chairman shuster and the other committees responsible for this very important extension, which i strongly support. in my district, in new jersey, i have the privilege of representing approximately 4,000 f.a.a. employees and contractors who work at the
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f.a.a.'s premier flagship technical center. their extraordinary energy and dedication ensures american aviation continues to move forward. without them, american leadership in aviation would suffer and we cannot afford to send them home because congress failed to do our work and pass an extension bill. a lapse in authorization would result in the halting of certification and registration of new aircraft and disruption of our aerospace industry. it would needlessly jeopardize good paying jobs and cause pain to hardworking americans. this long-term extension averts these self-inflicted injuries and also makes safety critical reforms while capitalizing on the momentum of f.a.a.'s long delayed small u.a.s. rule. the bill moves forward for advancing u.a.s. applications while ensuring they do not pose a threat to -- threat to aviation, critical infrastructure or the general public. it also gives the u.a.s. test sites established under the 2012 f.a.a. bill, one of which
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operates in my district. the certainty and stability they will need to conduct critical research and development on u.a.s. integration. mr. speaker, this long-term extension promotes a stable aviation system, improves aviation security, and strengthens aviation security. it also has strong safety measures. i urge all of my colleagues to support this well thought out measure and i yield back. the speaker pro tempore: the gentleman from pennsylvania reserves. the gentleman from oregon is recognized. mr. defazio: i yield the gentleman from mississippi two minutes. the speaker pro tempore: the gentleman is recognized. mr. thompson: thank you, mr. speaker. i thank the gentleman for yielding. while i commend mr. defazio and his colleagues for negotiating language to enhance aviation safety, i must rise in opposition to this legislation. my problem with the bill stems from a potential job-killing
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provision inserted in the homeland security portion of the packing an. understandably -- package. understandably after the airport attacks in brussels and more recently istanbul, we have interest in strengthening aviation security. section 3405 directs t.s.a. to update regulations for eligibility, including credengs which airport workers need to perform their -- credentials which airport workers need to perform their jobs. there's no evidence that this additional scrutiny will strengthen aviation security. what we do know for sure is that the changes would unjustifiably put workers at risk of losing their jobs. as such, it should come to no surprise that the international association of machinists, the communication workers of america, and the transport workers union have come out in strong opposition to this bill. that measure, h.r. 3102, also
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was approved by voice vote in the house this past october. the language before us today goes several steps further than h.r. 3102, unjustifiably lengthening the well hit gated 10-year lookback period -- litigated 10-year look back period from 10 to 15 years. the men and women that will be subject to this arbitration change have as strong if not more of an interest as you or me in preventing terrorism in airports. they deserve better than living in fear that they will be able to lose their jobs in the name of homeland security. with that, mr. speaker, i yield back. the speaker pro tempore: the gentleman from oregon reserves. the gentleman from pennsylvania is recognized. mr. shuster: thank you, mr. speaker. i now yield three minutes to the gentleman from texas, the chairman of the science and technology committee. the speaker pro tempore: the gentleman is recognized. mr. smith: mr. speaker, i thank the gentleman from pennsylvania, mr. shuster, the chairman of the transportation committee, for yielding me time. as congress continue working toward a multi-- continues
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working toward a multiyear authorization for the f.a.a. f.a.a., the f.a.a. -- f.a.a., the f.a.a. extension and security act of 2016 will ensure that safety and security research and development activities are authorized. pursuant to rule 10, the house committee on science, space and technology has legislative jurisdiction over, quote, civilian aviation research and development, end quote, regardless of the funding account from which the research and development is appropriated. earlier this year the house science, space and technology committee marked up and passed out of committee a three-year civil aviation research and development authorization for the f.a.a., the flight r&d act. this important legislation was introduced by representative steven knight. many provisions from the flight r&d act are now in the 2016 f.a.a. extension we're considering tonight and i very much appreciate chairman shuster including them. these provisions include the development of a cybersecurity research and development plan, a study on metrics to streamline the integration of unmanned aircraft systems into
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the national air space, a research plan for unmanned aircraft systems traffic management, and the establishment of an unmanned and manned aircraft collisions research program. these are important, pressing science committee r&d provisions that will encrine -- increase public safety and private commerce. i look forward to working to include the remainder of the flight r&d act provisions in a larger f.a.a. bill next year. i encourage my colleagues to support chairman shuster's bill and i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from pennsylvania reserves. the gentleman from oregon is recognized. mr. defazio: i yield the gentleman from colorado one minute. the speaker pro tempore: the gentleman is recognized. >> thank you, mr. speaker. mr. perlmutter: on july 3 last year a flight for life helicopter took off in frisco, colorado. just seconds later the helicopter crashed in a parking lot next to the helipad and burst into flames. the postcrash fire contributed to the death of the pilot,
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patrick mow haynie, and is he -- mohaney, and severely burned the two nurses. one is still hospitalized today after suffering burns on more than 90% of his body. the u.s. military required changes to helicopter fuel systems over 50 years ago. the f.a.a. underwent a rulemaking in 1994 concerning crash resistant fuel system standards. but 22 years later we still do not require newly manufactured helicopters to meet these safety standards. the 1994 rulemaking required all newly certified helicopter designs to incorporate resistant fuel systems. but helicopter designs are certified once and then can be manufactured for years. so knew helicopters like the -- new helicopters like the as-350 which crashed in frisco and is only 1 year old are being built to an unsafe standard. the bill today includes section -- thank you. the speaker pro tempore: the
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gentleman is recognized for an additional 30 seconds. mr. perlmutter: the bill today includes a section requiring the administrator of the f.a.a. to evaluate and update these safety standards. i want to thank chairman shuster and ranking member defazio for working with me on this issue, together we can work with the f.a.a. and industry to update these critical safety standards and make sure newly manufactured helicopters include crash resistant fuel systems. i thank the gentleman and i yield back. the speaker pro tempore: the gentleman from oregon reserves. the gentleman from pennsylvania is recognized. mr. shuster: thank you, mr. speaker. i now recognize the gentleman from indiana, mr. rokita, for a minute and a half. the speaker pro tempore: the gentleman is recognized. mr. rokita: i thank the speaker. i also would like to thank the chairman for yielding time to speak today on this legislation. i also want to thank the transportation -- the chairman of the transportation committee for his excellent leadership that he's shown this congress and previous congresses. it's been an absolute pleasure to serve on a committee that has accomplished so much. today i want to speak briefly on an important provision of this re-authorization. as an airman myself, i've
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always stood up for the rights of general aviation pilots. section 2307 in this legislation, which is based on my bill, the general aviation pilot protection act, will make operating a private aircraft easier and more commonsense for private pilots. currently, pilots must get an unnecessary outdated medical examination from a government-approved physician as often as once a year. section 2307 would change that requirement so that a pilot can simply visit his family physician once every four years. although this doesn't go as far as is ultimately needed to get rid of 20th century red tape while maintaining safety in the 21st century, it is real progress for aveyageaters. this change is strongly supported by the -- aviation. this change is strongly supported by the aircraft owners and pilots association, which i'm a member, and has a strong bipartisan list of co-sponsors. i thank again chairman shuster and ranking member defazio for their continued leadership on this and other aviation issues and i urge members and all of us to support this legislation,
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including the bipartisan general aviation caucus, and i yield back. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from oregon is recognized. mr. defazio: i yield the gentleman from colorado, mr. polis, 90 seconds. the speaker pro tempore: the gentleman is recognized. mr. polis: thank you, mr. speaker. although i'm glad the house of representatives is taking a step in the right direction by re-authorizing f.a.a. for a few months, i'm frustrate that we're not going as -- frustrated that we're not going as far as we could to protect lives that could easily be saved. on july 3, 2015, just over a year ago, there was a flight for life crash in frisco, colorado, my district. the pilot died and one person onboard is still recovering from major burns. the death was caused not because of speed or pilot error, but simply because the fuel system did not have a crash resistant system that's already mandated in military helicopters. representative perlmutter and i have introduced a helicopter fuel safety act and that would require the f.a.a. to install crash resistant fuel systems and newly manufactured helicopters -- in newly manufactured helicopters. i'm glad this re-authorization language moves the f.a.a. in
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that direction. but i hope that we can move forward quickly to save lives and fix this. i was also disappointed i wasn't allowed to offer several other amendments, including one which would have given local airports more flexibility in limiting flights. something of great concern for my district, around flight noise for constituents. i don't know how many of you live near airports that have continuous flights with older planes, but i hear from my constituents often on this, and i wanted the opportunity to do something about it. to make sure that they can enjoy their peace and sleep and quiet in their neighborhoods. i hope to work with the f.a.a. and ranking member and chairman to give communities and airports the flexibility they need to have quiet skies in the future. i yield back the balance of my time. the speaker pro tempore: the gentleman from oregon reserves. the gentleman from pennsylvania is recognized. mr. shuster: thank you, mr. speaker. i now recognize the gentleman from florida, mr. curbelo, for 1 1/2 minutes. the speaker pro tempore: the gentleman is recognized. curb curb i thank the chair -- mr. curbelo: i thank the chairman for yielding and appreciate his work on this legislation. the ranking member, mr. defazio, as well. really appreciate the way they
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have worked collaboratively on this. this f.a.a. re-authorization, mr. speaker, works to ensure that our aviation system remains well equipped to cure and safe for passengers and pilots alike. it provides vital enhancements to the u.s. aviation system by strengthening security, expanding t.s.a. precheck and requiring the f.a.a. to give congress quarterly reports on the number of civil or criminal disturbances that occur at airports. i'm proud to say that this measure also includes my bill, h.r. 5292, the air traffic controller hiring improvement act. this legislation, which has over 243 bipartisan co-sponsors in the house, will reform for the better the way we hire our air traffic controllers. it will improve the a.t.c. system by exempting training initiative graduates and military veterans from the controversial biographical questionnaire. while still allowing the
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general public to apply to serve as controller -- controllers. it also ensures the f.a.a. directly notifies schools such as historically black colleges and hispanic serving institutions when a.t.c. vacancy announcements are made. this bill is certainly a step in the right direction, although i believe, mr. speaker, we have a long way to go to modernize the f.a.a. and bring america's a.t.o., air traffic operation, into the 21st century and i certainly look forward to working with the chairman and my colleagues to make that a reality. i yield back. the speaker pro tempore: the gentleman reserves the balance of his time. the gentleman from oregon is recognized. . mr. defazio: i'm prepared to close. mr. shuster: i have one more speaker. i recognize the gentleman from california, mr. knight, for a minute.
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mr. knight: i appreciate the chairman and ranking member's work on this. this. today in support of the research carried out by the federal aviation administration is vital. this is why earlier this keer i introduced to authorize the authorization activities. it includes many important research and development provisions. the bill incorporates provisions from the r&d act. it's only a stop-gap measure. we must ensure our research and development activities are fully authorized. i look forward to working with year leagues on a multi provision and that are not in today's extension and i encoun my colleagues to support this and i yield back.
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the speaker pro tempore: the gentleman reserve? mr. shuster: i'm prepared to close. >> i yield back. the speaker pro tempore: the gentleman from oregon has yielded. mr. shuster: i thank representative defazio and thank his staff for their hard work and long hours and the majority side staff and put in a lot of late nights. so i thank them very much for their work. and i want to thank two gentlemen that worked extremely hard and made sure we included medical in this extension and that is the voice of general aviation, sam graves, who was relentless and the voice of the g.a. in the senate, senator inhofe, to make sure that this is in the bill. it is important to the private pilots to make sure we have it
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in there. i want to thank representative graves and senator inhofe for their hard work and diligence and let me thank the staffs. and i urge my colleagues to support h.r. 818. and with that, i yield back. the speaker pro tempore: the gentleman has yielded. will the house suspend the rules and agree to house resolution 818. those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 being in the affirmative, the rules is suspended and without objection, the the motion to reconsider is laid on the table.
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the speaker pro tempore: for what purpose does the gentleman from michigan seek recognition? >> i move the house suspend the rules and pass h.r. 5639 the national institute of standards and technology improvement act as amended. the clerk: a bill to update the act and for ards other purposes. the speaker pro tempore: the gentleman from michigan and the gentlewoman from texas each will control 20 minutes. mr. moolenaar: i ask unanimous consent that members have five days to include extraneous remarks. the speaker pro tempore: without objection. so ordered. mr. moolenaar: mr. speaker, i would like to thank chairman smith, the house leadership in bringing this legislation to the floor. the national institute of
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standards and technology or nist improvement act of 2016 authorizes nist to promote u.s. innovation and industrial competitiveness by science and technology. it was founded in 1901 and it is recognized as a authority of measurements and standards. it is a vital partner for america's technology and industries that employ hard-working americans. the legislation before us today requires independent reviews of nist programs, makes changes to its educational and outreach efforts and improves the technical services. the improvements to industrial technical services will assist thousands of small manufacturers including in michigan's 4th district with the expertise and advice they need crucial to
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michigan companies and their workers. before yielding the floor, i issue inall my coleeg' the act which will be brought up later today. serious security incidents have raised concerns and these lapses and thousands of employees and visiting scientists and the employees who live near the campuses. they have held a number of hearings and has passed the nist campus security act which will be considered by the full house with s is the full step more work still to be done. but returning to the legislation before us now, i urge my colleagues to support this re-authorization of nist. nist is the official time keeper of the u.s. government.
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it maintains measures and standards for addtives in our gasoline and helps us to develop a smarter and more secure electric grid, it conducts research and our economic security and our quality of life. i thank you. and i yield five minutes to the the gentlewoman from texas. and i reserve the balance of my time. the speaker pro tempore: the gentlelady from texas is recognized. ms. johnson: thank you, mr. speaker, i yield myself such time as i may consume. i rise today in support of h.r. 5639, the national institutes of standards and technology improvement act of 2016. this bill was developed in a bipartisan manner and contains the important provisions supporting nist's key role in increasing the productivity of
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small and medium-sized manufacturers. in training science activities and promoting science of all sectors. nist's core mission is to promote industrial competitiveness by measuring standards in technology. measurement science ensure that technologies and products will rely on daily in our homes, workplace and every mode of transportation, our space, effective and reliable. u.s. leadership in standards development help u.s. businesses thrive in the the the global market. n pursuit of its mission, nist mission with partners and research and technology development in countless areas of national interests. this agency plays a critical
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ole and a leadership role in cybersecurity, forensic science and disaster resilience, advanced manufacturing just to name a few. security, of cyber it improved critical infrastructure cybersecurity and leads the national initiative for education. the framework is a voluntary guidance to help public and private owners of critical infrastructure organizations that are managed as cybersecurity risks and forensic cience, nist does facilitate science. this week, i will be re-introducing my bill because
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the justice system must be just and fair for all including the wrongfully accused. nist is at the forefront of biology and emerging technology. last year i introduced the biology with my science colleague mr. sensenbrenner. this bill would have greater coordination in research and ensure u.s. leadership in applications of this research, the energy, manufacturing, agriculture and health. h.r. 5639 supports nist's strong partnership with the private sector, other government agencies and other agencies to develop applied technology and measurements and standards. this bill includes measures to include that nist's labs to meet
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the agency needs and agencies are sharing information on standards as needed, that nist helps train and attract our nation's best and brightest measurement scientists. and that even our nation's smallest manufacturer. they have access to resources. while i'm supporting this bill, i do want to make a point about the importance of authorizing funds for all of these activities i just described. as an authorizing committee, the science committee should make an informed recommendation for funding for the agent's critical work and the human and critical infrastructure that supports that work. nist's aging infrastructure is crumbling and creating safety
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issues. nist struggles to compete with the private sector in attracting new talent. congress expands the abilities and of this important agency. if we want the agency to be successful. i support this bill today to encourage the effort. however, i look forward to providing funding recommendations in the near future for all of the important work that nist does to promote innovation and maintain u.s. competitiveness. i want to thank representative moolenar for introducing this bill and chairman smith for moving it to the floor and i reserve. the speaker pro tempore: the gentlelady reserves. >> i thank the ranking member
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for her support and leadership and i yield five minutes to the gentleman from texas, chairman smith. the speaker pro tempore: the gentleman from texas is recognized. mr. smith: i thank mr. moolenar, e vice-chairman, for introducing this important piece of legislation. i'm pleased to co-sponsor the national institute of standards and technology improvement act of 2016 to authorize the policy and programs of this leading programs of this agency. the national institutes of to ology and critical innovation. nist helps maintain from industrial and technical standards and guidelines for federal agency and promotes for international competitiveness that enhances economic security
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and improves our quality of life. congress passed and president bush signed into law the first competes act which pushes the priority, the american competitiveness institute. the centerpiece was the prioritization of basic research in engineering and science. it develops and advances fundamental knowledge and technologies that are used by scientists. the american competitiveness initiative called for strengthening federal investments in these areas by re -allocating resources. the national science foundation, the department of energy's office of science and national labs and nist core lab research and facilities which is the subject of the bill. h.r. 5639 authorizes nist
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programs that contribute directly to u.s. economic competitiveness and nist programs, programs and industrial and technical services. i thank vice chairman moolenar and i urge my colleagues to upport this bill and i yield back. the gentleman from michigan is recognized. >> mr. speaker, i have no further requests for time and reserve my time as well. the speaker pro tempore: the gentleman reserves the balance of his time. ms. johnson: i have no further requests for time and yield back. the speaker pro tempore: the gentlelady yields back the balance of her time. the gentleman from michigan is recognized. >> mr. speaker, i yield back the balance of my time and would encourage our colleagues to support this legislation. the speaker pro tempore: the gentleman yields back the balance of his time. the question, will the house suspend the rules and pass the
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bill, h.r. 5639, as amended. those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 of those voting having responded in the affirmative, the rules are suspended, the bill is passed and, without objection, the motion to reconsider is laid on the table. for what purpose does the gentleman from georgia seek recognition? >> i move that the house suspend the rules and pass h.r. 5636, the national institute standards and technology campus security act. the speaker pro tempore: the clerk will report the title of the bill. the clerk: union calendar number 527, h.r. 5636, a bill to increase the effectiveness
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of and accountability for maintaining the physical security of nist facilities and the safety of the nist work force. the speaker pro tempore: pursuant to the rule, the gentleman from georgia and the gentlelady from texas each will control 20 minutes. the chair recognizes the gentleman from georgia. loud loud mr. speaker, i ask -- mr. loudermilk: mr. speaker, i ask unanimous consent that all members may have five legislative days to revise and extend their remarks and include extraneous material on h.r. 5636, the bill now under consideration. the speaker pro tempore: without objection, so ordered. mr. loudermilk: mr. speaker, i now recognize myself for as much time as i may consume. mr. speaker, i rise in support of h.r. 5636, the national institute of standards and technology campus security act. i would like to thank chairman smith for his hard work in bringing this bill through the house science, space and technology committee. i chair the oversight subcommittee of the house science committee and my committee has been involved in the investigation of security issues at the national institute of standards and
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technology over the past year. not only did a now former nist police officer cause an explosion on the campus, while attempting to manufacture methamphetamines, there was also an alarming incident that took place on the nist campus in boulder, colorado. in april, an individual with no identification, who was not an employee of nist, was found in a building on the campus. the incident required a summons to county firefighters because of concerns that the individual may have been exposed to chlorine gas stored in the building's clean room. he was eventually transported to the local hospital and the incident is currently part of an ongoing criminal investigation. there are quite a few reasons why this situation is so concerning to me. first, how does a non-nist employee get on a campus, into a secure building, and then into a room where potentially dangerous, hazardous or poisonous chemicals may be present? most importantly, how did all this take place without nist
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police or security -- their knowledge? and what is the extent of damage that an individual could have caused by having access to that building and room? for federal agency that received a in the of violation by the nuclear regulatory commission just one year ago for failing to, and i quote, keep records showing the receipt, inventory, acquisition, transfer and disposal of all special nuclear materials in its possession, end quote, this is extremely concerning. in the national regulatory commission's investigation, they discovered radioactive material and sources that were not included in the nist inventory. while this raises additional accountability issues and concerns, it also emphasizes the need for adequate and effective security at nist campuses. having held numerous managerial and executive positions in the private and public sector, i know how important accountability is to the success and future of an organization.
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it is inexcusable that an important government agency like nist is lagging -- lagging behind in accountability, especially when it come to the security and protection of its campuses and employees. this legislation is an important example of how congressional oversight works. being able to check on and check the executive allows congress to step in when an agency is lacking in efficiency and effectiveness to ensure adequate measures are taken in tax -- and taxpayer dollars are protected. this bill directs the department of commerce office of security to get involved in the law ebb force -- enforcement and security programs at nist. the bill also requires that the government accountability office produce an analysis on the performance and efficiency of nist security and its current state. make recommendations on how to improve security on nist campuses, and look into the possibility of privatizing the nist police force. this legislation takes an important step to protect the safety and security of those who work at, visit and live in
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the vicinity of nist campuses. we must take action to ensure accountability, effective security and one -- at one of our nation's oldest physical science laboratories. i urge my colleagues to support this important piece of legislation. i reserve the balance of my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentlelady from texas. ms. johnson: thank you, mr. speaker. i yield myself such time as i may consume. the speaker pro tempore: the gentlelady is recognized. ms. johnson: there have been too high profile security incidents -- incidences at the national institutes of -- institute of standards and technology, nist, facilities in the past year. one on the gaithersburg campus and the other in boulder, colorado. these incidents have raised legitimate oversight questions that the science committee has pursued through both hearings and a year-long investigation. this bill, i take it, is meant
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to kick the investigation over to g.a.o. since our own efforts, which were focused more on gotcha questions than substance, yielded little. unfortunately what this bill does not account for is that the security incidences also prompted the director of nist to take seriously the need to improve security policies, procedures and management of the two nist campuses. last november the director, dr. willie mays, convened an ad hoc panel of security experts to make recommendations accordingly. the experts made a number of significant recommendations on all aspects of nist security. by mid april, the nist director had developed an action plan to immediately implement many of those recommendations while initiating more in depth studies of other recommendations.
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these are very positive steps on the part of the agency. and should not be overlooked. or worse, undermined. science committee minority staff have received copies of both the recommendations and the action plan before the -- they asked for it. i wonder if the majority also thought to ask for these documents before drafting this bill, without any expert input. we certainly agree with the majority that the g.a.o. may have an important role in the process of strengthening security at nist. however, any such g.a.o. review should take into account ongoing reform at nist, as well as the expert opinion of g.a.o. itself. majority and minority staff alike received an email from g.a.o. experts the night before the committee markup, expressing concern about the nature of some of the questions being asked of them in this legislation.
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neither their feedback, nor nist's own feedback, was incorporated during the committee markup. the bill has -- was rushed through the committee and now being rushed to the floor. i'm also quite puzzled as to the need for this bill, since the chairman already sent a joint request to g.a.o., along with the chairman of the senate committee, -- committee of commerce, science and transportation for a similar physical review of nist security. .a.o. confirmed that review is already in their work load. at best, this is an exercise in duplication. and we always talk about saving money. worst, it is the waste of valuable expertise of the g.a.o. this bill may lead to an inefficient use of taxpayer dollars. but at the end of the day, it will not do any other harm.
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i have faith in the g.a.o. to make lemonade out of lemons. but the reason i'm not opposing moving forward today, however, i do call on my colleagues on the science committee to take more seriously our oversight responsibility and our responsibility to the taxpayer. by taking into consideration expert input and relevant activities at the agency in question before rushing a sloppy bill to the floor just for a press release. i reserve the balance of my time. the speaker pro tempore: the gentlelady reserves the balance of her time. the gentleman from georgia. mr. loudermilk: mr. speaker, i now yield five minutes to the gentleman from texas, the chairman of the science, space and technology committee, mr. smith. the speaker pro tempore: the gentleman is recognized. mr. smith: mr. speaker, first of all, i want to thank the gentleman from georgia, mr. loudermilk, who is the chairman of the oversight subcommittee, for his significant oversight work on this issue.
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and for introducing the result of that work. this bill, h.r. 5636. i am pleased to co-sponsor the national institute of standards and technology campus security act to help improve the safety and security of nist facilities and their surrounding areas. last july a senior officer with the nist police services group attempted illegal production of meth at one of the laboratories located at nist gaithersburg, maryland, campus. the officer, who was previously the acting chief of police at the gaithersburg campus, amazingly caused an explosion that burned his face and arm and blew out the lab windows. it is shocking that a federal agency didn't know that a meth lab was being run on his property, right under its nose, and without the explosion it might never have been discovered. the meth lab explosion and subsequent investigation have raised serious concerns about the safety and security of the entire nist operation.
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further, information obtained during the science committee's investigation of the meth lab appears to show a pattern of waste, fraud, abuse and misconduct by the nist police services group. for example, according to a recent department of commerce inspector general's report, the very officer who caused the explosion on nist campus had committed time and attendance fraud by claiming that he worked many hours when he did not. so how do we know that this is not happening throughout the police services group at nist? these unfortunate examples undermine and jeopardize nist mission to promote u.s. innovation and industrial competitiveness, which enhances economic security and improves our quality of life. this legislation is an important step forward to analyze the work of nist police services group and outside contractors to ensure that they are adequately securing both nist campuses, to protect nist employees, contractors,
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visitors and surrounding communities from any potential hazards. this legislation, and a thorough review evaluation report by the u.s. government accountability office, will provide further recommendations and options to ensure a safe and secure nist in the future. again, i want to thank chairman loudermilk for his work on this matter and urge my colleagues to support the bill and i reserve the balance of my time. the speaker pro tempore: the gentleman reserves the balance of his time. mr. loudermilk: reserve. the speaker pro tempore: the gentleman reserves the balance of his time. ms. johnson: i have no requests for time. i reserve. the speaker pro tempore: the gentlelady reserves the balance of her time. mr. loudermilk: you mr. speaker, i have no -- mr. speaker, i have no other speakers. if the gentlewoman from texas is ready to close, i'll reserve. the speaker pro tempore: the gentleman reserves the balance of his time. the gentlelady from texas. ms. johnson: thank you very much. i yield back the balance of my time. the speaker pro tempore: the gentlelady yields back the balance of her time. the gentleman from georgia. mr. loudermilk: thank you, mr. speaker. just to urge my colleagues to join us in this bipartisan
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effort, to ensure the safety and security of many, not just employees, but citizens, and visitors to this important facility, and urge them to support this resolution. with that, mr. speaker, i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the question is, will the house suspend the rules and pass the bill, h.r. 5636. those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 of those voting having responded in the affirmative, the rules are suspended, the bill is passed and, without objection, the motion to reconsider is laid on the able.
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for what purpose does the gentleman from texas seek recognition? mr. smith: i move that the house suspend the rules and pass h.r. 5640, the electricity storage innovation act as amended. the speaker pro tempore: the clerk will report the title of the bill. the clerk: h.r. 5640, a bill to provide for the establishment of an electricity storage basic initiative. the speaker pro tempore: pursuant to the rule, the gentleman from texas, mr. smith, and the gentlewoman from texas, ms. johnson, each will control 20 minutes. the chair recognizes the gentleman from texas. mr. smith: i ask unanimous consent that all members have five legislative days to revise and extend their -- remarks and include extraneous material on h.r. 5640. the speaker pro tempore: without objection. mr. smith: mr. speaker, i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. smith: i rise in support of this bill, h.r. 5640, the electricity storage innovation
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act, part of the majority leader's innovation initiative in this house. the legislation will prioritize basic energy research and innovation and provides important statutory authority and direction for the department of energy's groundbreaking basic research and electricity storage. electricity storage is one of -- is one of the next frontiers in our energy future. innovations leading to advanced next generation batteries could help bring affordable energy to the market without costly subsidies or mandates. by investing in the basic scientific research that will lead to advanced battery technology, we can enable queue tillities to store and deliver power produced elsewhere on demand. this will allow us to take advantage of energy from all of our diverse natural resources across the country. as the nation's lead federal agency for basic research in the physical science, the department of energy's office of science is the ideal leader for this
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fundamental scientific research. the d.o.e. national labs and our universities have the resources and capacity to pursue the science necessary to understand and develop advanced electricity storage systems. h.r. 5640 authorized the secretary of energy to carry out a basic research initiative of advanced chemical and materials science, focusing on multivaliant systems, elect ro chemistry and computational modeling and simulation. this legislation also provides the necessary direction and accountability for electricity storage bridging the gap between fundamental science and private sector innovation. .r. 5640 focuses the office of energy renewal on early stage research that won't be undertake bin the private sector. it also outlines the federal
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government's role in research and development by prohibiting the use of the program's funds for the commercial application of energy technology. the transformative breakthroughs in energy science achieved in our national labs will empower the private sector to develop innovative tech stoling storage. it's best suited to bring new battery technology to the commercial energy market. by dwecting -- directing d.o.e. to use existing funds this legislation ensures responsible use of limited tax dollars for basic research. in short there is no new or additional spending in this bill. scientific research like the work authorized in this electricity storage innovation act, requires a long-term commitment. while this groundbreaking science will eventually support the development of new advanced energy technology by the private sector, congress must ensure limited federal dollars are
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spent wisely and efficiency. federal research and development can build a foundation for the next major scientific breakthrough. as we shape the future of the department of energy, we must prioritize basic energy science and research that only the federal government has the resources and mission to pursue. i want to thank my colleagues on the science committee for their bipartisan support of this important basic research initiative. i encourage all of my house colleagues to support this legislation tonight and i'll reserve the balance of my time. the speaker pro tempore: the gentleman reserves. the gentlelady from texas. ms. johnson: thank you, mr. speaker. i yield myself such time as i may consume. i welcome the opportunity to do everything we can do -- everything we can to advance research in electricity storage. advanced battery technologies can improve the stability of our electric grid and greatly enhance our habit to -- ability
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to use a wide range of clean energy resources that our country is lucky enough to have at our disposal. this area of research could go a long way to addressing one of the most critical issues of our time, climate change. and i appreciate the chairman's enthusiasm for moving as quickly as possible to combat this serious threat. however, i think we could have taken at least a little more time to make sure that we're doing the right thing before rushing into the -- before rushing it to the floor. minority committee staff only saw early draft language of this bill a few weeks ago an last tuesday, the department of energy raised some significant concerns with the current bill. our particular -- of particular concern is the bill's attempt to limit the initiative that it authorizes to basic research activities. as we heard from every single witness at a hearing that the
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science committee held on the topic just a month ago, as well as from d.o.e., there's no clear boundary that divides basic and applied research. it is not realistic and certainly goes against our general understanding of scientific discovery and innovation to try to confine the activities of our top researchers in this way. moreover, this cuts against o.m.b.'s definition of the difference between basic and applied research, which actually depends on what these researchers had in mind when they were making their discoveries. d.o.e. neated that the activities described in this bill would easily be considered applied research. so language attempting to restrict the initiative authorizing this bill to basic research activities could create an inherent conflict in its
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implementation. mr. takano offered an amendment in committee to address the problem in our markup last week but unfortunately, it fell on deaf ears. the majority resected it. i do not believe that the issues the department have raised are insurmountable but i do believe there was little reason to take this approach when there was ample opportunity to do it in a more partisan way. that said, i do not oppose passage of this bill today in the hope that we can turn it into something we can all support in partnership with our friends in the senate. i reserve the balance of my time. the speaker pro tempore: the gentlelady reserves. the gentleman from texas. mr. smith: i yield two minutes to the gentleman from texas, mr. weber, chairman of the energy subcommittee. the speaker pro tempore: the gentleman is recognized. mr. weber: i rise in support of h.r. 5640, the electricity storage innovation act.
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this directs the department of energy to focus on the basic research that provides the foundation for technology breakthroughs in battery storage technology. in the field of electricity storage there's a lot of excitement about batteries that could operate for longer dureations with decreased charge times. but not enough people are asking how can we have battery systems that move electrons at the atomic level a key to increasing battery power. this will use the foundational study of elect ro chemistry to build a better battery from the ground up. mr. speaker, in congress, we must take the long-term view, we must be patient. we must make smart investments in research that can lead to the next big discovery. h.r. 5640 authorizes the fundamental chemistry and
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materials research that can lead to advanced electricity storage technology and allow us to gain new knowledge that could provide benefits across the economy. pardon the pun but that's our charge. d.o.e. must prioritize basic research over grants for technology that is ready for commercial deployment. when the government steps in to push today's technology in the energy market, it competes, mr. speaker, against private investors and uses limited taxpayer resources to do so. but, when the government supports basic research and development, everyone has the opportunity to access that fundamental knowledge that can lead to the development of future energy technologies. i want to thank chairman smith for introducing this important legislation to prioritize fundamental science research. i urge my colleagues to support
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this innovative, fiscally responsible legislation. you know i'm right. the speaker pro tempore: the gentleman's time has expire the gentlelady from texas. ms. johnson: i have no requests for time, i reserve. mr. smith: we have the right to close, we have no further speakers, so i will close when appropriate. ms. johnson: i yield back the balance of my time. the speaker pro tempore: the gentlelady yields back. the gentleman from texas. mr. smith: i yield myself such time as i may consume. mr. speaker, h.r. 5640 authorizes innovative basic research that will lead to the next generation of electricity storage technology by harnessing the expertise of our nation's labs an universities, we can lay the fundamental scientific groundwork for the private sector's development of new, transformative, advanced batteries in the future. i especially want to thank my colleagues on the science committee who have co-sponsored h.r. 5640.
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that include danny pinskey, steve knight, randy hultgren, randy weber, and brian babin. i want to thank the dozens of stake holders and researchers who provided feedback as we developed this legislation. i want to reiterate that h.r. 5640 authorizes no new federal spending. i urge adoption of this bipartisan, commonsense legislation which is part of majority leader mccarthy's innovation initiative. finally, mr. speaker, tonight we are considering four science committee bills, and i want to thank the staff members involved. they include chris weidler, john horton, molly, sara, aarons weton, emily, and ashley smith, whose birthday is today. and mr. speaker, i yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the question is will the house suspend the rules and pass the bill h.r. 5640.
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as amended. those in favor say aye. those opposed, no. in the opinion of the chair, 2/3 being in the affirmative, the rules are suspended, the bill is passed, and without objection the motion to reconsider is laid n the table. for what purpose does the gentleman from california seek recognition? >> mr. speaker, i move that the house suspend the rules and pass h.r. 56 8, solar fuels innovation act as amended. the speaker pro tempore: the clerk will report the title of the bill. the clerk: h.r. 5638, a bill to establish a solar fuels basic research initiative. the speaker pro tempore: -- the speaker pro tempore: pursuant to the rule, the gentleman from kale, mr. knight, and the gentlewoman from texas,
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ms. johnson, each will control 20 minutes. the chair recognizes the gentleman from california. mr. knight: i ask unanimous consent that all members have five legislative days to revise and extend their remarks and include extraneous material on h.r. 5638, the bill now under consideration. the speaker pro tempore: without objection. the gentleman is recognized. mr. knight: thank you, mr. speaker. i yield myself such time as i may consume. the speaker pro tempore: the gentleman is recognized. mr. knight: today it is my honor an privilege to bring h.r. 5638, the solar fuels innovation act, to the floor. this is the -- the first solar fuel bill to be considered on the floor of the house this congress will supplement the competes act that passed last year. the solar fuel process also known as artificial photosynthesis harnesses energy from sunlight to create a range of chemical fuels. basic research in artificial
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photo synthesis auld related research could lead to a solar fuel system that connle is dates solar pow entire a cohesive process and fundamentally changes the way we extract energy from our natural resources. this would be a game changer for our country. scientists up and down the coast of california are undertaking this research from universities in southern california to lawrence berkley lab in the bay area. the research authorizing this legislation could solve this key scientific challenge and open the door for american entrepreneurs to develop the next generation of solar technology. the solar fuels innovation act will also enavailable universities and the d.o.e. labs to train the jackson generation of scientists through a multidisciplinary approach, bringing together students in chemistry, physics, and materials science. this legislation provides a framework for more coordination between basic research and early stage translational research in solar fuels. h.r. 5638 refocuses the office
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of energy efficiency and renewable energy on the early stage research where the federal government can have the most significant impact. h.r. 5638 reaffirms the federal government's key role in research and development. this legislation is also fiscally responsible. by directing d.o.e. to conduct this research using existing funds in the office of science and eere, legislation ensures the responsible use of renewable tax dollars for the kind of research only the federal government has the tools to undertake. . not the fundamentally new approach to renewable energy that is possible in the early stage research. in congress it is our responsibility to take the long-term view and be patient, making smart investments in research that can lead to the next big discovery. d.o.e. must focus on the kind of groundbreaking r&d that can
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lead to disruptive technology. solar fuels could someday change the way we think about solar power. i'd like to thank my colleagues who join me in introducing -- introducing this bill and the many research institutions that offered letters of support and i reserve the balance of my time. the speaker pro tempore: the gentleman reserves the balance of his time. the gentlewoman from texas. ms. johnson: thank you, mr. speaker. i yield myself such time as i may consume. the speaker pro tempore: the gentlewoman is recognized. ms. johnson: i support doing all we can to advance research and so he -- in solar fuels. these technologies aim to produce fuels like hydrogen, hydrocarbonens from a combination of sunlight, water and carbon dioxide. and do this far more fficiently than nature's photosynthetic process. if we can figure out a way to make this competitive, solar fuels have the potential to make a major contribution to
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reducing our dependence on oil. and other traditional fossil fuels. but as with electric -- electricity storage innovation act, i believe we could have taken a little more time to do this in the right way. last week the department of energy raised many of the same concerns with this bill that it had with the last one. including its attempt to orb trailer legislate a -- ash trail legislate a bright line between basic and applied research research, when this is neither realistic nor helpful. further, i would note that there's absolutely nothing wrong with federal support for so-called applied research. indeed, my colleagues on the other side of the aisle have had no issue with supporting what would typically be called applied research and development when it dealt with nuclear technologies. oil and gas drilling technologies. other fossil fuel technologies.
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clean power technologies should be treated no differently. that said, i do not oppose the passage of this bill today, in the hope that we can turn it into something we can all support in partnership with our friends in the senate. i reserve the balance of my time. the speaker pro tempore: the gentlewoman reserves. the gentleman from california is recognized. mr. knight: mr. speaker, i yield three minutes to the gentleman from texas, the chairman of the full committee, chairman smith. the speaker pro tempore: the gentleman from texas is recognized. mr. smith: mr. speaker, i first want to thank the gentleman from california, energy subcommittee vice chairman steve knight, for yielding me time on h.r. 5638, the solar fuels innovation act. this legislation provides necessary statutory authority and direction to the department of energy's groundbreaking solar fuels research program. i appreciate vice chairman knight's developing and introducing this legislation which is the product of the science committee's hearings, oversight and stakeholder
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outreach. research to create fuels from the sun, also known as artificial photo synthesis, and photosynthesis replication, relies on the study of advance chemistry and material science. by prioritizing these areas of fundamental physical science, researchers at our national labs and universities across the country can develop processes that take energy from sunlight and create a range of chemical fuels. this basic research could provide the scientist and technical underpinnings -- scientific and technical underpinnings that eliminate the problem of the intermittsy of direct solar international and make it a reliable power source for chemical fuels production. h.r. 5638 authorizes the secretary of energy to carry out a targeted, basic research initiative on photo chemistry, electrochemistry, biochemistry and the material sides necessary to develop a complex system to convert sunlight into
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usable and storeable fuel. h.r. 5638 focuses the office of energy efficiency and renewable energy on early stage research that will not be undertaken by the private sector. d.o.e. must focus on this kind of groundbreaking r&d, while the private sector is responsible for finding ways to deploy innovative technology in the commercial energy market. the federal government does not have unlimited resources to pursue every technology innovation. by directing d.o.e. to conduct this research using only existing funds in the office of science and eere, the legislation redirects currently authorized funds. the department of energy has the capability and knowledge to lead on this type of long-term basic research. this groundbreaking science can lead to the development of innovative, advanced energy technologies by the private sector. i want to thank chairman knight and both my republican and
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democratic colleagues on the science committee for supporting this basic research initiative in solar fuel. as part of leader mccarthy's innovation initiative, this legislation deserves the support of our house colleagues. mr. speaker, i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the gentleman from california reserves. the gentlelady from texas. ms. johnson: i continue to reserve. the speaker pro tempore: the gentlelady reserves the balance of her time. the gentleman from california. mr. knight: mr. speaker, i'd like to yield three minutes to the gentleman from texas, mr. weber, the chairman of the energy subcommittee. the speaker pro tempore: the gentleman from texas is recognized. mr. weber: i thank the gentleman from california. if we can get a mike on. mr. speaker, i rise today in support of h.r. 5638, the solar fuels innovation act. this legislation directs the department of energy to focus on basic research that provides the foundation for our technology breakthroughs. our aim is to shed a little
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sunlight on this process. as for the solar fuel process, also known as artificial photosynthesis, new materials and catalysts will be needed to be developed through basic research before the private sector will ever be able to develop a commercial solar fuels system. if this research yields the right materials, mr. speaker, scientists might create a system that could consolidate solar panel and energy storage into a cohesive process. this would potentially remove the intermittentsy of solar energy and make it a reliable power source for chemical fuels production. folks, this is a game changer. last month we held a hearing in the energy subcommittee, pardon me, that i chair, in order to examine this critical research. we heard from a panel of experts on america's basic
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research portfolio, which provides the foundation for development of solar fuels through the study of chemistry and advanced materials. i want to thank my colleague, mr. knight, the vice chairman of the energy subcommittee, for introducing this important legislation. i'm also pleased that this legislation directs within existing funds research that will be directed within those funds appropriated by congress and does not authorize any new spending. let me repeat, does not authorize any new spending. mr. speaker, we have limited federal resources for research and development and it is our responsibility to ensure that those are spent wisely, on basic research that can provide benefits across the entire united states economy. i urge my colleagues to support this innovative, fiscally responsible legislation. ou know i'm right.
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the speaker pro tempore: the gentleman from texas yields. the gentleman from california reserves. the gentlelady from texas is recognized. ms. johnson: i continue to reserve. the speaker pro tempore: the gentlelady reserves the balance of her time. the gentleman from california is recognized. mr. knight: mr. speaker, we have no more speakers at this time and i am prepared to close. ms. johnson: i have no requests for time. i yield back. the speaker pro tempore: the gentlelady yields back the balance of her time. the gentleman from california. mr. knight: mr. speaker, i yield myself such time as i may consume. the speaker pro tempore: without objection. mr. knight: h.r. 5638 authorizes innovative basic research that will lead to groundbreaking technology in solar fuels. by harnessing the expertise of our nation's national labs and universities, now we can lay the fundamental scientific groundwork for the private sector's development of advanced solar fuels technology in the future. this could fundamentally change the way we extract energy from our natural resources. i want to thank chairman smith and my other colleagues on the science committee who have co-sponsored h.r. 5638, mr. -- g danley pinsky,
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mr. lipinski, and others. i also want to thank the dozens of researchers and stakeholders who have provided feedback as we have developed this legislation. finally, i want to reiterate that h.r. 5638 authorizes no new federal spending. i think we got that from chairman weber. the bill reads, no additional funds are authorized to be appropriated by this section. this section shall be carried out using funds otherwise authorized by law. i urge the adoption of this commonsense, bipartisan legislation, which is part of majority leader mccarthy's innovative initiative. and i reserve the balance of my time. and i yield back the balance of my time. the speaker pro tempore: the gentleman yields back the balance of his time. the question is, will the house suspend the rules and pass the bill, h.r. 5638, as amended. those in favor say aye. those opposed, no.
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in the opinion of the chair, 2/3 of those voting having responded in the affirmative, the rules are suspended, the bill is passed and, without objection, the motion to reconsider is laid on the table. the chairman lays before the house the following bill. the clerk will report the title. the clerk: h.r. 4960, an act to designate the facility of the united states postal service located at 525 north broadway in aurora, illinois, as the kenneth m. christy post office uilding. the speaker pro tempore: chair to rule 18, the
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declares the house in the committee of the whole house on the state of the union for the further consideration of h.r. 4768. will the gentleman from michigan, mr. moolenaar, kindly ake the chair. the chair: the house is in the committee of the whole house on the state of the union for further consideration of h.r. 4768, which the clerk will report by title. the clerk: a bill to amend title 5 united states code, with respect to the judicial review of agency interpretations of statutory and regulatory provisions. the speaker pro tempore: when the committee of the whole rose earlier today, all time for general debate had expired. pursuant to the rule, the bill shall be considered for amendment under the five-minute rule. it shall be in order to consider as an original bill for the purpose of an amendment under the five-minute rule the amendment in the nature of a
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substitute recommended by the committee on the judiciary printed in the bill. the committee amendment in the nature of a substitute shall be considered as read. no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in house report 114-641. each such amendment may be offered only in the order printed in the report by a member designated in the report, shall be considered read, shall be debatable for the time specified in the report, equally divided and controlled by the proponent and an opponent, shall not be subject to amendment and shall not be subject to a demand for ivision of the question. amendment number 1 printed in ouse report 114-641. for what purpose does the gentleman from georgia seek recognition?
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mr. johnson: i'm the designee for the gentleman from michigan, congressman conyers. the chair: the clerk will designate the amendment. the clerk: amendment number 1 printed in house report 14-641 offered by mr. johnson of georgia. the chair: pursuant to house resolution 796, the gentleman from georgia, mr. johnson, and a member opposed each will control five minutes. the chair recognizes the gentleman from georgia. mr. johnson: thank you, mr. chairman. the conyers amendment would exempt from h.r. 4768 the separation of powers restoration act of 2016, regular lyings promulgated by the environmental -- regulations promulgated by the environment protection agency that protect drinking water from a.m.t. the conyers amendment does not address a hypothetical concern. the recent lead contaminated crisis that occurred in flint, michigan, is the only the
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latest in -- is only the latest in a history of cases of contaminated drinking water. without question, the flint crisis was a preventable public health disaster. the lead contamination occurred because an unelected and unaccountable emergency manager decided to switch the city's water source to the flint river without the benefit of proper corrosion control. . as a result, corrosive water leached highly toxic lead from residents' water pipes, exposing thousands of children to lead, which in turn can cause permanent developmental damage. while much of the blame for the plint water crisis rests with unelected officials, who prioritized saving money over saving lives, the presence of lead in drinking water is not unique to flint. the drinking water of potentially millions of
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americans may be contaminated by lead. in fact, just last month, elevated lead level were detected in the drinking water supplied to the canon office building here on -- to the cannon office building here on capitol hill. it's a commonsense amendment and it's commonsense tissue and it's common sense that urgent rule making sthachese e.p.a.'s proposed changes to lead and copper rule must not be impeded or delayed by measures such as h.r. 4768. even before the flint water crisis, the agency had begun the process of updating this rule, which was originally promulgated in 1991 after years analysis. rather than hastening this rule making, however, h.r. 4768 would have the opposite effect. the bill would empower well
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founded -- excuse me, the bill would empower well funded business interests to seek judicial review of any regulation they oppose by a generalist politically unaccountable court lacking the requisite scientific or technical knowledge. the court could then make its own independent determination based on its nonexpert views and limited information as to whether the agency's proposed regulation is warranted. the conyers amendment simply preserved long-standing legal doctrine in cases involving review of regulations designed to prevent the contamination of trying water by lead and copper. it's critical that americans have access to safe drinking water and we must not hinder the ability of federal agencies such as the e.p.a. to prevent future lead contamination crises such as occurred in flint.
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federal judges who are not constitutionally insulated from political tissue or who are constitutionally insulated from political accountability should not have the power to second guess the agency experts concerning the appropriateness of highly technical regulations crucial to protecting the health and safety of millions of americans. accordingly, i urge my colleagues to support the conyers amendment and with that, i yield back the balance of my time. the speaker pro tempore: the gentleman yields back. the gentleman from texas is recognized. o you seek time in opposition? >> mr. chairman, i rise to claim time in opposition. the chair: the gentleman is recognized for five minutes. >> mr. chairman, i oppose the amendment which carves out of the bill regulations on lead and copper in drinking water and in so doing, it would preserve unelected bureaucrats' broad
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discretion to impose on the public overarching statutory and regulatory interpretations in this policy area. mr. ratcliffe: this amendment would all but guarantee that these unaccountable bureaucrats don't have to worry any more than they do right now about courts checking on their self-serving interpretations. it would let agencies get away with just as much as they do right now in basing overreaching regulations on tortured interpretations of existing statutes instead of coming to congress for new legislation because the plain term offings existing law don't support what they want to do. in short, mr. chairman, the amendment seeks to perpetuate the chevron dock run's weakening of separation of power, a weakening that threatens accountable government of, by, and for the people. mr. chairman, no one denies that
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drinking water regulation is important. but no area of regulation is so important that it should allow unelected bureaucrats to avoid a vigorous system of checks and balances that our framers intend. the system that this bill would restore, mr. speaker. bureaucrats should know that they will face vigorous judicial checks and balances when they act so they have toe strongest incentives to offer the best possible statutory and regulatory grounds for their actions and carry out the most responsible and fair enforcement possible. i urge my colleagues to oppose the amendment and yield back. the chair: the gentleman yields back. the question is on the amendment offered by the gentleman from georgia. those in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. the amendment is not agreed.
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-- is not agreed to. does the gentleman seek a recorded vote? mr. johnson: i do. the chair: pursuant to clause 6 of rule 18, further proceedings on the amendment offered by the gentleman from georgia will be postponed. mr. johnson: i reis as a designee of the gentlewoman from texas, sheila jackson lee who has an amendment at the desk. if she comes in, i'll yield to her. the clerk: the clerk will designate the amendment. the clerk: amendment number 2 printed in house report 114-640 -- 641, offered by mr. johnson of georgia. the chair: pursuant to house resolution 796, the gentleman from georgia, mr. johnson, and a member opposed will each control five minutes. the hair recognizes --
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gentleman from georgia is recognized. mr. johnson: thank you, mr. speaker. i yield my time to the gentlelady from texas on her amendment number two. the chair: the gtlewoman from texas is recognized. ms. jackson lee: thank you very much. i thank you to the gentleman. i am on the floor. this is the jackson lee amendment. i hope the record reflects it and corrects that i'm here and that the record should be corrected. i want to thank mr. johnson for standing as the amendment was being called up. so this is an amendment dealing with homeland security and it reflects my general debate statement that there are some restraints that this particular legislation has that is not well suited for the needs of the american people. in this instance, this particular amendment deals with homeland security and the
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agencies rules and regulations issued by the department of homeland security. 4768 rently drafted, h.r. would shift the scope and authority of the judicial review of agency actions by amending section 706 of the a.p.a. to require that court december side all relevant questions of law, including all questions of interpretation of constitutional statutory and regulatory provisions -- provisions on a basis without deference to the agency that promulgated the final rule. i'm concerned about the ability for agencies to act in times of imminent need to protect citizens, in particular dealing with homeland security and the very climate, mr. chairman that we're in as we speak. the jackson lee amendment is a simple but necessary revision that would remedy this concern by excluding from the bill cases with rules made by the secretary of homeland security and pertaining to any matter of national security. why can there not be a
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bipartisan assessment of this particular -- or assessment and accepting of this particular amendment dealing with the core of our responsibilities as president, as the executive, and then as congress. we are destined to be able to secure the security of america. our courts are to hold -- uphold, particularly the federal court the constitutional authority that is given to the federal government under the constitution. in the instance, certainly national security and the protecting of this nation, is one of those. the constitution begins by saying we've organized to create a more perfect union. the deck la rare of independence inend -- indicates the inalienable rights of life, liberty, and the pursuit of happiness. liberty is part of security. i'm disnifed onerous burden of having a denoble review of homeland security to protect the american people. we should have learned ourlessson after 9/11 for those
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of us who were here in the united states congress. this is no reflect on the good intent of my colleague from texas. i know his intentions are well. but i was here during 9/11. i was in this building. i was chased if you will, by the horrored of those screaming get out of the capitol of the united states with no knowledge, and yes, mr. chairman, as i ran out with other colleagues, leaving shoes behind, literally running on one foot versus two feet, i could see the building smoke from the pentagon and what was in the air was the question of, is it the white house next? is it the state department next? or is it my hometown of houston, the energy capital , in essence, of the world? these are the questions of security that the american people realize are real. certainly in the backdrop of these tragic mass shootings and the involvement of the homeland security department, i can make the very strong point that the jackson lee amendment is an amendment that should be considered seriously because a denoble review and homeland
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security regulation is a difficult process to go in lifingt the responsibilities of national security. my amendment would keep in place the appropriate and needed expertise and specialized abilities of the department of homeland security to make rues and regulations necessary for our nation's security. so i ask my colleagues to support the jackson lee amendment. reserve the time. the chair: the gentleman from georgia reserves. the gentleman from texas. mr. ratcliffe: i rise to claim time in opposition. the chair: the gentleman is recognized. mr. ratcliffe: while i respect the gentlelady's service and the spirit in which she offers this amendment i oppose the amendment this amendment carves out of the bill national security regulations from the department of homeland security. as we all know, mr. chairman, the department of homeland security is an agency that has a
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long record of significant unconstitutional regulatory overreach. to that end, we should be strengthening the court's ability to check that, not weakening it as the gentlelady's amendment would do. again, mr. chairman, no area of regulation is so important that we should allow unelected bureaucrats to avoid the vigorous system of checks an balances that our framers intended and that this bill would restore. soy urge opposition to this amendment and reserve. the chair: the gentleman reserves. the gentleman from georgia has one minute remaining. mr. johnson: thank you, i yield the balance of the time to the gentlelady from texas. the chair: the gentleman yields. the gentleman is -- the gentlelady is recognized. ms. jackson lee: i thank the gentleman as well and thank the gentleman for claiming the time but i do want the record to reflect this is the jackson lee amendment and however the record can correct it, i desire for them to do so. this amendment is in keeping
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th justice scalia, who is an aggressively vocal supporter of the vev ron deference in his career and an indication of how broad and mainstream the support is to maintaining that deference, deference to the agencies and their review and their expertise. so the de novo scenario that this bill provides for, in spite of its alleged exemptions of national security issues, there's a vast level of responsibility of the homeland security department and frankly, all of its work comes under the context of regular order for protecting the american people. immigration issues to policing issues, secret service, and many of these should not be tampered with by de novo review of the regulatory scream they'll be putting forth. i urge my colleagues to support the jackson lee amendment to secure the nation. with that, i yield back.
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the chair: the gentlelady yields back. the gentleman is recognized. mr. ratcliffe: mr. chairman, the chevron dock train is -- doctrine is the primary driver of regulatory overreach. it should be overturned. this bill would do that. i oppose this amendment and yield back. the chair: the gentleman yields. the question is on the amendment offered by the gentlewoman from texas -- the gentleman from georgia, those in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. the amendment is not agreed. o -- is not agreed to. pursuant to clause 6 of rule 18, further proceedings on the amendment offered by the gentleman from georgia will be ostponed.
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the gentlewoman will state her inquiry. ms. jackson lee: are we able to have a unanimous consent to make that the amendment from jackson lee? the chair: the chair cannot entertain that request in the ommittee of the whole. it is now in order to consider amendment number 3 printed in house report 114-641. for what purpose does the gentleman from new york seek recognition? mr. meeks: i have an amendment on the floor. the chair: the clerk will designate the amendment.
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the clerk: amendment number 3 printed in house report 114-641 offered by mr. meeks of new york. the chair: pursuant to husband resolution 796, the gentleman from new york, mr. meeks, and a member opposed each will control five minutes. the chair now recognizes the gentleman from new york. mr. meeks: thank you, mr. chairman. let me start by saying straight out that i do not support the underlying bill. but i encourage my colleagues to support my amendment. that would lessen the negative budget impact of this bill and exempt any rules issued by the department of housing and urban development from additional judicial review and delay. i think this is important for all of us in the house. whether we be democrats or republicans. but first in dealing with the overall bill, it would severely hamstring and weaken our country's regulatory agencies. dating back more than 100
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years, regulatory agencies have executed congressional directives or tieded public problems and -- identified public problems and fixed them, utilizing their agencies' expertise. this bill undercuts agencies' ability to do both of those things, and it also throws out of balance our systems of checks and balances. recently we witnessed a public health crisis in flint, michigan. where thousands did not have access to safe, portable drinking water. it is the natural response to is crisis to hinder the very agencies that are supposed to protect the public, is it not the natural response -- is it the wrong response? we shouldn't tie the hands of the environmental protection agency, the department of health and human services, and other agencies who -- whose main objective is to protect our citizens, and attacking
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federal agencies that protect the public with safeguards, my colleagues on the other side of the aisle are actually attacking the public interest. one of these agencies that advances the public interest is the united states department of housing and urban development, better known as h.u.d. h.u.d. provides rental assistance, affordable housing and community development block grants, all of which are enormously important for people throughout our great nation. i grew up in public housing, so i know the importance of programs that put a roof over a family's head. also, community development block grants are helping to rebuild cities like new york in the wake of superstorm sandy. which devastated so many families. furthermore, h.u.d. prevents discrimination in housing and in lending. it ensures that lands lords cannot deny housing to someone
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based on his or her race, religion, national origin or disability. h.u.d. also helps low-income families secure housing, perspective buyers receive h.u.d. assistance when buying their first home, which is oftentimes the biggest investment they'll make in their lifetime. h.u.d. therefore offers the opportunity for wealth accumulation and gives folks the pride that comes along with owning a home. indeed, h.u.d. keeps the american dream of home ownership alive. for our veterans who have served their nation with honor and deserve our unending support, h.u.d. helps them secure housing. h.u.d. provides homeless individuals with necessary resources to help them overcome homelessness. individuals who suffer domestic violence also receive assistance from h.u.d. and we must continue to provide these victims with safe space
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protected from their abusers. all of these populations deserve continual and robust support from h.u.d. and our federal government. these are just a few examples of h.u.d.'s impactful work and all of the people it helps. i can honestly say that it is one of the most visible and beneficial agencies that serves all of our constituentses. so, i'm a supporter of h.u.d. and i believe in all of its good work. and i offer my amendment to protect h.u.d. as it has protected so many americans and their families. my amendment would exempt rules issued by h.u.d. from being included in this bill and i encourage my colleagues to vote for my amendment, to relieve h.u.d. from these foolish attacks. i reserve the balance of my time. the chair: the gentleman reserves the balance of his time. for what purpose does the gentleman from texas seek recognition? >> mr. chairman, i claim time in opposition. the chair: the gentleman is recognized. >> i oppose the amendment. this is an amendment which
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carves out of the bill regulationses issued by the department of housing and urban development. mr. ratcliffe: mr. chairman, there's no basis upon which to single out h.u.d. as an agency to which courts should defer on questions of statutory and regulatory interpretation. to the contrary, h.u.d. has proven that it can overreach just as egregiously, just as oppressively as any other agency, and therefore needs strong a check and balance from the courts like any other agency. mr. chairman, like too many of its sister agencies, h.u.d. is attempting to use federal legislation or excuse me, federal regulation to unconstitutionally assert control over wide swaths of american life. to see this, one need look no further than h.u.d.'s controversial regulation in 2015 that threatens to federalize local zoning authority. that regulation would withhold federal funding if municipalities all across the
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land don't actively work to change residential patterns that don't conform to the desires of h.u.d. bureaucrats. the regulation is a major extension of h.u.d.'s authority, it challenges local, neutral zoning policies merely because they produce uneven effects across population groups. and the use of withholding a federal fund to make localities knuckle under to h.u.d.'s dictates is an attempt to extort local communities into giving up control of local zoning decisions that have traditionally been theirs under the constitution. a decision like h.u.d.'s is precisely the kind of decision in a democracy that should be made by accountable, elected representatives of the people, not by the fiat of bureaucrats emboldened by smug claims to chevron deference from the courts. i urge my colleagues to oppose this amendment and reserve the balance of my time. the chair: the gentleman reserves the balance of his time.
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the gentleman from new york is recognized. mr. meeks: how much time do i have left? the chair: you have 30 seconds. mr. meeks: ok, 30 seconds. let me just say, first of all, this bill is not going nowhere, fortunately. because this deceptively named separation of powers restoration act is something that is really something that would hurt america and the american people. so i urge -- let's make the bill better by passing my amendment and other amendments that you've heard earlier. the underlying bill is a bad bill. it's bad for our people. we should vote no on the underlying bill also. i yield back. the chair: the gentleman yields back the balance of his time. the gentleman from texas. mr. ratcliffe: mr. chairman, i re-urge my colleagues to oppose this amendment understand i yield back. the chair: the gentleman yields back the balance of his time. the question is on the amendment offered by the gentleman from new york. those in favor say aye. those opposed, no. in the opinion of the chair, the noes have it. the amendment is not agreed to. mr. meeks: mr. chairman. on that i ask for the yeas and
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nays. the chair: does the gentleman ask for a recorded vote? pursuant to clause 6 of rule 18, further proceedings on the amendment offered by the gentleman from new york will be postponed. it is now in order to consider amendment number 4 printed in house report 114-641. for what purpose does the gentleman from georgia seek recognition? mr. johnson: i have an amendment at the desk. the chair: the clerk will designate the amendment. the clerk: amendment number 4 printed in house report 114-641 offered by mr. johnson of georgia. the chair: pursuant to house resolution 796, the gentleman from georgia, mr. johnson, and a member opposed each will control five minutes. the chair recognizes the gentleman from georgia. mr. johnson: thank you, mr. chairman. i rise in support of my amendment, which exempts from the bill rules issued by agencies pursuant to their express statutory authority.
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h.r. 4768 is a misguided and dangerous bill that simply does not understand courts must always give affect to clearly expressed congressional intent under current law. h.r. 4768 would dismantle decades of judicial practice and establish generalist courts as super regulators, with sweeping authority over the outcome and perhaps even substance of agency rulemaking, even where congress expressly grants authority for agency action. at the subcommittee hearing on the bill, the majority's even witness, professor jack beerman, testified that the bill, quote, may go too far, end quote, by disabling reviewing courts from taking into account the abuse of an administering agency on questions of statutory interpretation. professor beerman expressed additional concerns that h.r. 4768 may frustrate congress'
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intent for highly technical areas in which congress expectses an agency to apply its expertise. furthermore, as professor beerman testified, in areas where congress expressly grants authority for an agency to undertake an action such as defining a term, h.r. 4768 would represent a fundamental shift in authority while making it difficult for congress to allow deference where appropriate. the late justice scalia held a similar view on judicial deference. writing for the majority in city of arlington vs. f.c.c., justice scalia argued that requiring a de novo review of every agency rule without any standards to guide this review would result in an open-ended hunt for congressional intent. rendering the bipeding effect of agency rules unpredictable
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and eviscerating the whole stabilizing purpose of chevron. the excessive agency power that the dissent fears would be replaced by chaos. in recognition of these concerns, my amendment would exempt from the bill agency rules promulgated in response to a clear and unequivocal mandate from congress. without my amendment and notwithstanding the endeering title of the bill, h.r. 4768 would create countervailing separation of powers concerns by casting aside congress' role in shaping agency rules in favor of judicial activism. as a group of our nation's leading administrative law experts have observed, h.r. 4768 is disruptive to the careful equilibrium that the full body of administrative law
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doctrine seeks to achieve. administrative law is not perfect, but this bill tilts too strongly in favor of judicial power at the expense of the other two branches. in other words, the likely outcome of enacting this unwise proposal would be more power in the hands of a single branch of government that is unelected and unaccountable to the people . this policy concern is the very foundation of the chevron doctrine. as the court noted in chevron, judges, quote, are not experts in the field and are not part of either political branch of that -- of the government. end quote. h.r. 4768 is not a new idea, but it is a bad idea. congress considered and rejected a proposal such as this over three decades ago. it wasn't a good idea then, and the a worse idea now.
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with that, -- and it's a worse idea now. with that, i reserve the balance of my time. the chair: the gentleman reserves the balance of his time. for what purpose does the gentleman from texas seek recognition? mr. ratcliffe: mr. chairman, i claim time in opposition. the chair: the gentleman is recognized for five minutes. mr. ratcliffe: mr. chairman, i oppose this amendment. it's an amendment which carves out of my bill agency actions based on statutes that expressly grant agency discretion. as agencies seek to act within areas of statutory discretion, courts are more than able, more than qualified, to determine responsibly whether the agencies have in fact acted within their discretion. furthermore, mr. chairman, it's imperative that courts no longer defer to agencies in defining as a matter of statutory interpretation precisely what the limits of that discretion are. otherwise self-serving, unelected and unaccountable bureaucrats will continue to interpret statutes in such a way as to intentionally empower
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agency overreach and the courts will continue to stand idly by and let them get away with it. so i urge my colleagues to oppose this amendment and i reserve the balance of my time. the chair: the gentleman reserves the balance of his time. the gentleman from georgia. mr. johnson: i yield back the balance of my time. the chair: the gentleman yields back the balance of his time. the gentleman from texas. mr. ratcliffe: i re-urge opposition to the amendment and yield back. the chair: the gentleman yields back the balance of his time. the question is on the amendment offered by the gentleman from georgia. those in favor say aye. those opposed, no. . the knows have it and the amendment is not agreed to. mr. johnson: i would request a recorded vote. the chair: pursuant to clause 6, rule 18, further proceedings on the amendment offered by the gentleman from georgia will be postponed. mr. johnson: i ask unanimous consent that the request for ar recorded vote on amendment number 2 be with drawn to the

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