[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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