[Congressional Record Volume 165, Number 130 (Wednesday, July 31, 2019)]
[Senate]
[Pages S5252-S5256]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself, Ms. Klobuchar, and Mr. 
        Blumenthal):
  S. 2349. A bill to amend the Federal Trade Commission Act to 
eliminate the common carrier exemption for telecommunications 
companies; to the Committee on Commerce, Science, and Transportation.
  Mrs. FEINSTEIN. Mr. President, I rise today to speak about the 
introduction of the Protection from Robocalling Act of 2019. This bill 
would address the problem of illegal robocalls and spam calls. I thank 
Senators Klobuchar and Blumenthal for cosponsoring this legislation.
  Last year, I introduced this legislation to address the nuisance of 
illegal robocalling.
  Since then, these calls have become even more prevalent. For example, 
last month alone, an estimated 4.7 billion robocalls were placed in the 
United States--nearly one billion more than the year prior. That 
amounts to 153 million calls per day, or nearly 2,000 robocalls placed 
each second. Some of these calls are organized scams.
  In one case, one robocall company called people offering to help 
lower their credit card interest rates. Instead, it tricked them into 
giving up sensitive personal information, including their Social 
Security numbers.
  Another company dialed millions of phone numbers on the Do Not Call 
registry trying to find new customers for a third-party service, 
contacting a single number more than 1,000 times in the same year. 
Robocall companies are also engaged in credit card and loan scams.
  What's worse, robocalling is now endangering the health and safety of 
Americans by tying up emergency service lines. Tufts Medical Center in 
Boston received more than 4,500 illegal robocalls in the span of two 
hours last April. Each time the medical staff had to answer one of 
those robocalls could have been an instance when someone who needed 
life-saving help was unable to get through to a medical professional.
  One reason the problem is increasing is because the cost of making 
and deploying these calls is decreasing. Advances in software make it 
possible for one person to send out thousands of identical prerecorded 
messages every second, more quickly and more cheaply than employing 
scores of human telemarketing agents.
  In addition, technology is making it even easier for illegal 
robocallers to hide their true identity and location. Voice over 
Internet Protocol (VoIP) technology enables robocallers to launch their 
call campaigns from anywhere in the world. And new technology allows 
illegal robocallers to disguise where they are actually calling from. 
This technique, known as ``spoofing,'' tricks consumers into thinking 
they are receiving a local call.
  The Federal Trade Commission now receives nearly 10,000 robocall 
complaints every day. With its broad consumer protection authority, the 
Commission plays a critical role in stopping illegal robocalling. But 
due to an historic exemption, the Commission has no enforcement 
authority over telecoms.
  When the FTC Act was enacted in 1914, this exemption was put in place 
because telecoms were monopolies and subject to heavy regulation so FTC 
enforcement was not needed. In the decades that followed, that 
regulatory oversight was rolled back, while the exemption remained in 
place. This created an uneven playing field. A set of federal rules and 
regulations protecting consumers applied to most industries, but not 
all.
  We must give the Commission the authority they need to pursue 
complete relief for American consumers. The Protection from Robocalling 
Act of 2019 removes telecoms from the common carrier exemption in the 
law. By eliminating this special exemption, telecoms will now have to 
abide by the same consumer protection standards in areas such as 
privacy and advertising that apply to other sectors already subject to 
the FTC's jurisdiction.
  It's a matter of fairness, as well as common sense. There's no reason 
that consumer data held by a broadband service should have more 
protection under the law than the same data held by their wireless 
service.
  Robocalls are a problem for everyone with a cell phone. It is a 
problem that is only going to get worse. And we can't expect our law 
enforcement agencies to keep up with today's technologies if their 
hands are tied.
  We need to be smarter about how we approach this problem. Going after 
the robocallers and installing call blocking technology on phones is 
fine; but we need to strike at the systems that they use to perpetrate 
their scams if we want to see a real difference.
  I urge my colleagues to join us in supporting this legislation that 
will help consumers fight back against illegal robocalling.
  I yield the floor.
                                 ______
                                 
      By Mr. CARDIN (for himself and Ms. Duckworth):
  S. 2360. A bill to establish an Office of Emerging Markets within the 
Small Business Administration that will strengthen the development of 
small business concerns in emerging markets, including those owned by 
women, minorities, veterans, and those located in rural areas, and for 
other purposes; to the Committee on Small Business and 
Entrepreneurship.
  Mr. CARDIN. Mr. President, today I am introducing the Unlocking 
Opportunities in Emerging Markets Act, which establishes an Office of 
Emerging Markets (OEM) within the Small Business Administration's (SBA) 
Office of Capital Access to ensure that SBA's access to capital 
initiatives address the specific needs of entrepreneurs in underserved 
domestic emerging markets.
  Capital is the lifeblood of small businesses, but for women, 
minorities, veterans and other underserved entrepreneurs, access to 
capital remains the key roadblock to owning and operating a successful 
business.
  The challenges that underserved entrepreneurs face are historic and 
pervasive with minority and women entrepreneurs, for example, having 
less wealth from which to fund new businesses.
  Black families have $17,150 in wealth and Hispanic families have 
$20,720 in wealth, while White families have $171,000 in wealth. 
Similarly, women have $3 in wealth for every $10 men have.
  These historical barriers are compounded by systemic inequality in 
the capital markets. Minority-owned business are two to three times 
more likely to be denied credit; more likely to avoid applying for 
loans, based on the belief that they will be turned down; and more 
likely to receive smaller loans and pay higher interest rates on the 
loans that they do receive. Rural businesses owners often face an 
uphill battle to secure funding for their startups. And women are 
significantly

[[Page S5253]]

less likely than men to be approved for a business loan and are more 
likely to experience funding gaps.
  SBA was created to solve these very problems, but instead of being a 
solution, lending patterns in the agency's largest loan programs mirror 
these trends. During Fiscal Year 2018, only 4.5 percent of all loans 
approved by SBA's highest volume loan program--7(a)--went to Black 
entrepreneurs. Another 8.5 percent went to Hispanic entrepreneurs, 
while 59 percent went to white borrowers.
  Despite these challenges, SBA does not have the coordinated effort 
required to address them. In multiple hearings in the Small Business 
Committee, SBA has not been able to explain how they are addressing 
these urgent issues. By creating OEM, and empowering a Senior Executive 
Service level director to lead the office, we in Congress can ensure 
that SBA is giving the problems that underserved entrepreneurs face the 
attention and resources they deserve.
  Eliminating disparities in the capital markets for underserved 
business owners is not just the right thing to do, it will spur growth 
in the American economy.
  In the years since the Great Recession, minority-owned small 
businesses have been driving the growth of small business formation in 
spite of the significant headwinds they face. Just imagine what they 
could do if SBA was laser focused on removing some of those headwinds. 
SBA has helped level the playing field for underserved communities in 
government contracting, and entrepreneurial development, but access to 
capital is the only major area where there is no office specific to the 
needs of underserved communities.
  I urge my colleagues to join me in support of this critical piece of 
legislation, so SBA can begin making the concerted effort required to 
help more underserved entrepreneurs overcome barriers, start successful 
businesses, and create jobs.
                                 ______
                                 
      By Mr. CARDIN:
  S. 2361. A bill to amend the Small Business Act to increase lending 
to underserved borrowers through the largest loan program of the Small 
Business Administration, and for other purposes; to the Committee on 
Small Business and Entrepreneurship.
  Mr. CARDIN. Mr. President, today I am introducing the Closing the 
Credit Gap Act to make the Small Business Administration's (SBA) 
Community Advantage program permanent.
  SBA created Community Advantage in 2011 to provide capital and 
support to small businesses that have been historically underserved by 
SBA's highest volume loan program, 7(a).
  Community Advantage allows nonprofit mission lenders like SBA 
microlenders, Community Development Financial Institutions (CDFI) and 
SBA 504 lenders to make 7(a) loans of up to $250,000 to small 
businesses.
  The program has shown year after year that it is more capable of 
getting capital into the hands of minority, women and veteran 
entrepreneurs than the 7(a)program. During Fiscal Year 2018, the most 
recent year for which complete data is available, only 4.5 percent of 
7(a) approvals went to Black business owners compared to 12 percent of 
Community Advantage approvals; 9 percent of 7(a) approvals went to 
Hispanic borrowers compared to 17 percent in the Community Advantage 
program; women-owned businesses received only 18 percent of 7(a) 
approvals while receiving 30 percent of all Community Advantage 
approvals; and veterans, who only received 4 percent of 7(a) approvals, 
received 10 percent of approvals in the Community Advantage program.
  Capital is the lifeblood of small businesses, so for many women, 
minority, veteran and other underserved entrepreneurs, Community 
Advantage is a lifeline, because the program fills a gap in traditional 
credit markets.
  Minority-owned business are two to three times more likely to be 
denied credit; more likely to avoid applying for loans, based on the 
belief that they will be turned down; and more likely to receive 
smaller loans and pay higher interest rates on the loans that they do 
receive. Rural businesses owners often face an uphill battle to secure 
funding for their startups. And women are significantly less likely 
than men to be approved for a business loan and are more likely to 
experience funding gaps.
  My bill will make this vital program a permanent loan product 
administered by SBA, and it will allow SBA to lift the cap up to 
$350,000 from $250,000 to help borrowers in more expensive regions and 
industries, as well as victims of abusive loan products.
  My home State of Maryland has the highest concentration of minority- 
and women-owned businesses in the country. That designation makes me 
proud, but it also makes me think of the countless entrepreneurs whose 
dreams of business ownership or growth remain unfulfilled because they 
could not get financing.
  If we pass the Closing the Credit Gap Act, we can empower more 
entrepreneurs who have the ideas but not the networks or capital needed 
to start and grow their businesses and create jobs.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Leahy, Mr. Booker, Ms. Harris, 
        Ms. Hirono, Mr. Kaine, Ms. Klobuchar, Mr. Sanders, and Mr. 
        Schatz):
  S. 2390. A bill to prohibit the imposition of the death penalty for 
any violation of Federal law, and for other purposes; to the Committee 
on the Judiciary.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2390

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PROHIBITION ON IMPOSITION OF DEATH SENTENCE.

       (a) In General.--Notwithstanding any other provision of 
     law, no person may be sentenced to death or put to death on 
     or after the date of enactment of this Act for any violation 
     of Federal law.
       (b) Persons Sentenced Before Date Of Enactment.--
     Notwithstanding any other provision of law, any person 
     sentenced to death before the date of enactment of this Act 
     for any violation of Federal law shall be resentenced.
                                 ______
                                 
      By Mr. DURBIN:
  S. 2400. A bill to promote cannabis research, and for other purposes; 
to the Committee on Health, Education, Labor, and Pensions.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2400

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Expanding Cannabis Research 
     and Information Act''.

     SEC. 2. CANNABIS RESEARCH AT THE DEPARTMENT OF HEALTH AND 
                   HUMAN SERVICES.

       (a) National Cannabis Research Agenda.--Part B of title IV 
     of the Public Health Service Act (42 U.S.C. 284 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 409K. NATIONAL CANNABIS RESEARCH AGENDA.

       ``Not later than 1 year after the date of enactment of the 
     Expanding Cannabis Research and Information Act, the Director 
     of NIH, in collaboration with the Director of the Centers for 
     Disease Control and Prevention and the Assistant Secretary 
     for Mental Health and Substance Use, shall develop a national 
     cannabis research agenda that addresses key questions and 
     gaps in evidence, including with respect to each of the 
     following:
       ``(1) The efficacy of cannabis in providing therapeutic 
     benefits for certain priority diseases or conditions, which 
     may include epilepsy, multiple sclerosis-related spasticity, 
     chemotherapy-induced pain and discomfort, using cannabis as 
     an alternative to opioid analgesics for acute or chronic 
     pain, sleep apnea, Tourette syndrome, anxiety, post-traumatic 
     stress disorder, and any other disease or condition 
     determined to be appropriate and of importance by the 
     Director.
       ``(2) The effect of cannabis on at-risk populations, 
     including children, older individuals, and pregnant or 
     breast-feeding women.
       ``(3) The long-term effects of cannabis use, including 
     dose-response relationship and the connection between 
     cannabis use and behavioral health.
       ``(4) The clinically appropriate modes of delivery of 
     cannabis.
       ``(5) Public safety considerations related to cannabis, 
     including--
       ``(A) variation in the potency of cannabis products;
       ``(B) youth access to and use of cannabis, including 
     marketing, packaging, edible formulations, and flavor options 
     that target youth;
       ``(C) risk factors for cannabis misuse;
       ``(D) impaired driving related to cannabis use; and

[[Page S5254]]

       ``(E) accidental ingestion of cannabis.''.
       (b) Surveillance Activities.--Part A of title III of the 
     Public Health Service Act (42 U.S.C. 241 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 310B. SURVEILLANCE ACTIVITIES ON CANNABIS USE.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     in collaboration with the Assistant Secretary for Mental 
     Health and Substance Use, the Administrator of the Centers 
     for Medicare & Medicaid Services, and the Director of the 
     Agency for Healthcare Research and Quality, shall carry out 
     surveillance activities to collect population-wide data on 
     cannabis use.
       ``(b) Permissible Activities.--
       ``(1) In general.--In carrying out activities under this 
     section, the Secretary may collect, as appropriate, with 
     respect to cannabis use--
       ``(A) data on--
       ``(i) health outcomes, including biological data;
       ``(ii) health care utilization, which shall include 
     hospitalizations and utilization of emergency departments 
     related to consumption of cannabis, including among youth;
       ``(iii) demographic factors associated with cannabis use;
       ``(iv) the variety of products and delivery modes used; and
       ``(v) other relevant health information to improve the 
     understanding of cannabis use in all age groups and sub-
     populations; and
       ``(B) data through public health surveillance systems, 
     surveys, questionnaires, and databases of health care 
     records, including, as appropriate, the Behavioral Risk 
     Factor Surveillance System, the Youth Risk Behavioral 
     Surveillance System, the Monitoring the Future health survey, 
     the National Survey on Drug Use and Health, or the Healthcare 
     Cost and Utilization Project (or any successor surveys).
       ``(2) Privacy.--Any data collected under paragraph (1) 
     shall be collected in manner that protects personal privacy 
     to the extent, at a minimum, that is required under 
     applicable Federal and State law.''.

     SEC. 3. RESCHEDULING OF MARIHUANA.

       (a) In General.--Subsection (c) of schedule I of section 
     202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is 
     amended by striking paragraph (10).
       (b) Schedule III.--Schedule III of section 202(c) of the 
     Controlled Substances Act (21 U.S.C. 812(c)) is amended by 
     adding at the end the following:
       ``(f) Marihuana.''.

     SEC. 4. CENTERS OF EXCELLENCE IN CANNABIS RESEARCH.

       (a) In General.--Part B of title IV of the Public Health 
     Service Act (42 U.S.C. 284 et seq.), as amended by section 
     2(a), is further amended by adding at the end the following:

     ``SEC. 409L. CENTERS OF EXCELLENCE IN CANNABIS RESEARCH.

       ``(a) Designation.--
       ``(1) In general.--The Director of NIH shall designate 
     institutions of higher education as Centers of Excellence in 
     Cannabis Research for the purpose of interdisciplinary 
     research related to cannabis and other biomedical, 
     behavioral, and social issues related to cannabis. No 
     institution of higher education may be designated as a Center 
     unless an application therefor has been submitted to, and 
     approved by, the Director of NIH. Such an application shall 
     be submitted in such manner and contain such information as 
     the Director of NIH may reasonably require. The Director of 
     NIH may not approve such an application unless--
       ``(A) the application contains or is supported by 
     reasonable assurances that--
       ``(i) at least 1 individual employed by the applicant--

       ``(I) is registered under section 303(f) of the Controlled 
     Substances Act to conduct research with controlled substances 
     in schedule III of section 202(c) of that Act; and
       ``(II) is an active participant in the cannabis research 
     activities of the applicant;

       ``(ii) the applicant has not had a registration to conduct 
     research with controlled substances under section 303 of the 
     Controlled Substances Act denied, revoked, or suspended under 
     section 304 of that Act;
       ``(iii) the applicant has the experience, or capability, to 
     conduct, through biomedical, behavioral, social, and related 
     disciplines, long-term research on cannabis and to provide 
     coordination of such research among such disciplines;
       ``(iv) the applicant has available to it sufficient 
     personnel and facilities (including laboratory, reference, 
     storage, security, and data analysis facilities) to carry out 
     the research plan required under subparagraph (B); and
       ``(v) the applicant has the capacity to conduct academic 
     courses and train students and professionals on appropriate 
     research and knowledge of cannabis; and
       ``(B) the application contains a detailed 5-year plan for 
     research relating to cannabis.
       ``(2) Geographic representation.--The Director of NIH shall 
     ensure geographic representation across the United States in 
     designating institutions of higher education as Centers of 
     Excellence in Cannabis Research.
       ``(3) Term of designation.--A designation under this 
     section shall be for a period of 5 years. An institution of 
     higher education may reapply in accordance with the 
     requirements under paragraph (1) for a subsequent designation 
     under this section.
       ``(b) Cannabis Research.--
       ``(1) Grants or cooperative agreements.--
       ``(A) In general.--The Director of NIH may make grants to, 
     or enter into cooperative agreements with, Centers that have 
     been designated under this section to expand the current and 
     ongoing interdisciplinary research and clinical trials 
     relating to cannabis research.
       ``(B) Use of funds.--Amounts made available under a grant 
     or cooperative agreement under subparagraph (A) may be used 
     to address key questions and gaps in evidence addressed by 
     the national cannabis research agenda described in paragraphs 
     (1) through (5) of section 409K.
       ``(2) Research results.--The Director of NIH shall promptly 
     disseminate research results under this subsection to 
     relevant governmental, academic, and research entities.
       ``(c) Definitions.--In this section:
       ``(1) Cannabis.--The term `cannabis' has the meaning given 
     the term `marihuana' in section 102 of the Controlled 
     Substances Act.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 
     1965.''.
       (b) Registration Requirements.--Section 303(f) of the 
     Controlled Substances Act (21 U.S.C. 823(f)) is amended by 
     adding after the period at the end the following: ``The 
     Attorney General shall register under this part practitioners 
     at Centers of Excellence in Cannabis Research designated 
     under section 409L of the Public Health Service Act to 
     conduct research with marihuana. No separate registration 
     shall be required for each individual employed by a Center of 
     Excellence in Cannabis Research who is conducting research 
     described in subsection (a)(1) of that section and in 
     accordance with applicable State and local laws, nor shall 
     separate registrations be required for distinct research 
     activities, including research activities related to distinct 
     constituent compounds of marihuana or amended protocols. The 
     registration shall expire on the date on which the entity is 
     no longer designated as such a Center of Excellence in 
     Cannabis Research under that section. A Center of Excellence 
     in Cannabis Research registered under this part may cultivate 
     marihuana, including any constituent component of marihuana, 
     to conduct research under this part if the Attorney General 
     has determined that the research to be conducted is for 
     legitimate scientific research and is consistent with 
     effective controls against diversion. A Center of Excellence 
     in Cannabis Research may contract with such additional 
     manufacturers of marihuana registered under this section to 
     meet the needs of the Center of Excellence in Cannabis 
     Research to the maximum extent permissible under 
     international treaties to which the United States is a 
     signatory and which govern marihuana. Before entering into 
     such contract, the Center of Excellence in Cannabis Research 
     shall submit to the Attorney General a request to enter into 
     the contract that includes information to demonstrate the 
     experience or capability of the contractor to conduct such 
     cultivation and assurances that the contractor will comply 
     with the provisions of this Act. Not later than 60 days after 
     the date on which the request is submitted, the request shall 
     be deemed to be approved by the Attorney General, unless the 
     Attorney General determines that the granting of such request 
     is inconsistent with the public interest. A Center of 
     Excellence in Cannabis Research registered under this section 
     may purchase or acquire commercially available marihuana for 
     the purpose of research described in section 409L(a)(1) of 
     the Public Health Service Act in accordance with the law of 
     the State in which the transaction occurs. No Federal funds 
     may be used by the Center of Excellence in Cannabis Research 
     for such purchase or acquisition.''.
                                 ______
                                 
      By Mrs. HYDE-SMITH (for herself and Mr. Wicker):
  S. 2410. A bill to amend the Federal Water Pollution Control Act to 
modify the requirements for permits for dredged or fill material, and 
for other purposes; to the Committee on Environment and Public Works.
  Mrs. HYDE-SMITH. Mr. President, in my maiden floor speech on May 9, I 
spoke on behalf of thousands of Mississippians suffering from 
consecutive months of catastrophic flooding in the South Mississippi 
Delta.
  Today I rise again to speak on behalf of thousands of Mississippians 
who are still suffering from catastrophic flooding, which started in 
January and continues to disrupt the lives of residents in the 
Mississippi Delta and my State overall.
  Floodwaters must recede before damages can be fully assessed, but we 
already know that more than 600 households have suffered severe damage, 
nearly 400 families have been displaced since February, and 
agricultural losses will likely exceed $800 million. Much of the 
necessary infrastructure, including roads, bridges, and drainage 
culverts are beyond repair.
  In June, LaTamela Taylor--13 weeks pregnant--and Darron Wilson died 
when their car lost control and sank into the floodwaters. Something 
must be done.

[[Page S5255]]

  My colleagues might ask: How could an area more than 11 times the 
size of Washington, DC, remain underwater for nearly 7 months? How 
could floodwaters swamp more than half a million acres of homes, 
businesses, highways, forests, and farmlands spanning six Mississippi 
counties for so long?
  The answer is quite simple. Similar to New Orleans, a complex system 
of levees and floodgates constructed by the U.S. Army Corps of 
Engineers protected the roughly 1,446-square-mile Yazoo Backwater area 
in West Central Mississippi. This levee system protects the areas when 
the Mississippi River is high and the floodgates are closed. However, 
these same protections become the problem when the river is high, 
floodgates are closed, and excess rainfall occurs. The interior creeks 
and rivers have no way to drain, and the result is a bathtub-like 
effect.
  Unlike New Orleans and numerous Federal flood control projects up and 
down the Mississippi River, there is no mechanism to remove the trapped 
water from the Yazoo Backwater area. Aside from evaporation, pumping is 
the only viable option for removing vast amounts of water that have no 
place to go.
  This year, the Mississippi River remained above flood stage longer 
than anytime in recorded history. The floodgates to prevent the 
Mississippi River from backing up into the Yazoo Backwater area were 
closed in January. Above-average rainfall occurred in the months 
thereafter, and here we are today with a disaster on our hands.
  For nearly 7 months, more than a half million acres of land--866-
square-mile area--has been underwater. Little attention outside of 
Mississippi was paid to the lives lost, the destroyed homes, or the 
displaced families.
  Roughly, 225,000 acres of agricultural crops have been destroyed or 
will go unplanted this year. Hundreds of thousands of acres of 
Timberland ruined. Whitetail deer, black bear, turkey, and other 
wildlife are starving to death and spreading the disease, as you can 
see from these pictures. Wetlands have become lakes. Stagnant, 
contaminated water continues to threaten human and environmental 
health. The list goes on.
  Paul Hartfield, an endangered species biologist with the U.S. Fish 
and Wildlife Service, said: ``This is biblical proportion. Nothing like 
this has ever been seen.''
  While he is correct in that the current situation in the South 
Mississippi Delta is a complete disaster--the worst backwater flood 
since 1973--devastating flooding in the area has become almost an 
annual occurrence.
  This year marks the 10th time the Yazoo Backwater area has flooded 
since 2008, each time causing hundreds of millions of dollars in 
damages. The area residents cannot sustain this, and they certainly do 
not deserve this.
  According to U.S. census data, roughly 35 percent of the residents of 
the six-county area live in poverty. The median household income is 
$31,187 per year below the national average. This perpetual flooding 
plagues agriculture production, which has damaged the primary economic 
mainstay in this region and increased unemployment. I fear what the 
2020 census will reveal.
  In a 1982 environmental impact statement, the U.S. Army Corps of 
Engineers stated the following:

       Flooding in the Yazoo Area is historic and will continue as 
     long as pumps are not constructed to complete the flood 
     control system for the area. The flooding will continue to 
     damage crops, homes, roads, and other improvements in the 
     area project.

  In a 2007 Supplemental Environmental Impact Statement, the Corps 
stated the following:

       The no-action alternative would not eliminate any of the 
     flood damages the area has historically experienced. Existing 
     Yazoo Backwater flood duration and frequency would continue 
     to adversely affect residential and nonresidential 
     structures. Flooding would also have adverse impacts on the 
     standard of living for residents, interrupting daily 
     practices and travel to work, school, and church.

  The Corps of Engineers was accurate in its predictions. 
Mississippians are living these predictions out in real life, and they 
have for years. It is time for the people of Mississippi to receive the 
level of flood protection promised to them by the Federal Government in 
1941. It is time for the Corps of Engineers to complete the last 
remaining unconstructed feature of a 77-year flood control effort--the 
Yazoo Backwater pumps.
  The people of Mississippi are beyond ready to see this crisis 
resolved. They are, frankly, extremely frustrated with the Federal 
Government. More than 17,000 people have signed a petition to remove an 
Environmental Protection Agency 2008 regulatory veto preventing 
construction of the pumps. Mississippi Governor Phil Bryant, the 
Mississippi Department of Wildlife, Fisheries, and Parks, the 
Mississippi Department of Agriculture and Commerce, and many other 
State leaders and organizations have been overwhelmingly in their 
support and advocacy for the pumps.
  I am grateful for this administration's responsiveness to 
Mississippi's perpetual flood problems and needs, and I will continue 
to work with the administration, relevant Federal Government agencies 
and departments to see this through.
  As I continue working to provide greater predictability and 
regulatory certainty for Mississippians and the American public, I am 
committed in my capacity as a U.S. Senator to proposing commonsense 
reforms to the laws governing the regulation of our Nation's waters and 
permitting process.
  For this reason, I, along with the senior Senator from Mississippi, 
have introduced the Flood Reduction, Wildlife Habitat, and Water 
Quality Improvement Act of 2019. This legislation seeks to make 
commonsense reforms to section 404 of the Clean Water Act.
  Our bill mirrors the directives outlined in Executive Order No. 13807 
issued by President Donald Trump on August 24, 2017, and would 
establish greater discipline and accountability in the environmental 
review and permitting process for infrastructure projects.
  More specifically, it would prohibit EPA from vetoing a Corps of 
Engineers flood control project specifically authorized by Congress. 
This is a basic constitutional principle of separation of powers. 
Further, upon enactment, it would immediately nullify any prior veto 
determinations made by EPA if said actions had resulted in severe 
flooding and damage to life and property.
  In closing, the arguments I have heard in opposition to this project 
are not valid. Pumps will save lives, property, local infrastructure, 
wildlife, and the environment. As we are here going about our daily 
lives, enjoying the comfort of the home we will return to today after 
work, these Mississippians are just trying to get through the next 30 
minutes to keep their sanity and emotions intact. The real-life 
experiences Mississippians have endured over time tell the true story.
  It is time for the Federal Government to make good on its promises. 
It is time to construct the pumps.
  Mr. WICKER. Mr. President, I congratulate the junior Senator from 
Mississippi, Mrs. Hyde-Smith. I thank her for her leadership. She took 
the lead on this legislation, and I am delighted and honored to join 
her in this regard.
  If Americans could take a moment, a few hours, to come to the South 
Delta of Mississippi and see for themselves what Senator Hyde-Smith is 
talking about, they would understand the gravity of this situation.
  She mentioned 7 months. If you are there today, you see dead wildlife 
floating on the floodwaters. You see coffins that had been buried that 
are floating on the surface of the floodwater in this area. There is no 
prospect of an income this year on these small farms and no prospect of 
a crop this year from some of the most fertile land the United States 
has been blessed with.

  The tragedy of this is that it is entirely preventable. The 
prevention involves a promise that was made, as the Senator from 
Mississippi said, back in 1941 when this country and this Congress 
collectively adopted the Mississippi River and Tributaries System. That 
system included, up and down the river, a series of levees and flood-
control structures. It also included a series of pumps. We are the only 
State that still, after this entire time, doesn't have our pump that 
has been promised to us.
  There have been environmental challenges along the way--
unsubstantiated, I might add. As a matter of fact, the environment is 
harmed, wildlife is harmed when a flood of this magnitude comes into 
the area, as graphically

[[Page S5256]]

demonstrated by some of the photographs the Senator has offered.
  She mentioned the bathtub effect. Let me make sure my colleagues 
understand this. When the Mississippi floods, the Yazoo River backs up 
into the delta. As a result, we put down a floodgate, and that is 
designed to keep the flooded Yazoo River from backing up into this 
fertile farmland.
  We had made a promise--or at least we thought we had a promise--to 
people with property 87 feet above sea level that when the floodwater 
behind the floodgate reaches 87, we would start pumping and pump that 
water back into the Mississippi River, where it has a minimal effect. 
This gives certainty. We know there is going to be a flood. People with 
property 87 feet above sea level and below know they are going to be 
flooded. But the promise of the pump is that if you have land that is 
above 87 feet, you can build a house there, you can put your business 
there, you can plant your crop there, and you can be certain that you 
will get the same protection from flooding as everybody else up and 
down the Mississippi River Tributary System gets. That is the promise 
that everybody else gets but has been foreclosed to us.
  So I congratulate the Senator for thinking of this solution. That is 
a piece of legislation that would correct this problem. Clearly, it 
would also help if we simply got the Corps and the EPA to agree that 
the decision 10 years or so ago was made incorrectly and let us have 
what the rest of the system has; that is, a flood-control promise that 
gives us certainty that we can conduct our business, have a home, and 
conduct our lives as it was promised. That is all we are asking for. 
For 7 months this year and for weeks and months in previous years, we 
have been denied that.
  I want to congratulate the Senator and associate myself with the 
remarks of the junior Senator from Mississippi and thank her for her 
leadership in thinking of this particular solution, which would give us 
a remedy, but also say that there are other ways this could be solved. 
We deserve the certainty that everyone else up and down the Mississippi 
system now has, and we deserve to have that promise made to us back in 
the 1940s fulfilled even at this late date.

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