[Congressional Record Volume 166, Number 46 (Tuesday, March 10, 2020)]
[Senate]
[Pages S1660-S1665]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5,
UNITED STATES CODE, OF THE RULE SUBMITTED BY THE DEPARTMENT OF
EDUCATION RELATING TO BORROWER DEFENSE INSTITUTIONAL ACCOUNTABILITY--
Continued
The PRESIDING OFFICER. The Senator from Ohio.
Mr. BROWN. Madam President, I want to thank my colleague, Senator
Durbin, for leading efforts this week to undo Betsy DeVos's harmful
rollback protections for millions of Americans with student loans
ripped off by for-profit colleges. This is an example where the Senate
stood up to the President, stood up to the billionaire Secretary of
Education whose mission in that job is to privatize public education
and turn profits for her and her friends and her allies. This
bipartisan Senate stood up to her and stood up to the President, stood
up to the majority leader, and did the right thing.
We have seen these for-profit colleges in Ohio. Schools like
Corinthian and ITT, which make big promises with fake--and this time
the word ``fake'' is accurate--they make big promises with fake or
deceptive job placement rates. They spend millions on marketing, and
they trick students into taking out huge loans, only to close up shop
and leave them with meaningless degrees or, worse yet, just credits but
always mountains of debt.
These are people trying to get an education to improve their job
prospects to build a better life for themselves and their families. Too
often these predatory schools target Black students, Latino students,
immigrants, low-income students, and first-generation college students.
Many of them are veterans returning from serving our country and
looking to start a new career.
These for-profit colleges are willing to exploit people who have
taken out loans to go there who are veterans. Sometimes they go to
school. They served their country and then they go to school, and these
for-profit colleges are willing to take advantage of them. These for-
profit schools are all about lining the pockets of their CEOs.
We need to stand with the defrauded student borrowers and hold these
for-profit schools accountable. Of course, we have learned not to hold
our breath when it comes to the Trump administration holding anyone
accountable--at least anyone rich accountable. Instead of figuring out
how to provide relief for students, Secretary Betsy DeVos went to work
figuring out how to let the schools that scammed them off the hook.
Three hundred thousand people had submitted borrower defense claims
as of last December. More than 200,000 of those requests are still
pending. More than 7,700 Ohioans--7,700 people in my State--are waiting
for relief.
In 2016, the Obama administration announced a rule to help these
students get their loans canceled, but the DeVos Department of
Education--the Trump Department of Education--dragged its feet on
processing borrower defense claims. They rewrote the rule to make it
damn near impossible for defrauded students to get the relief they were
promised. They are throwing up hurdle after hurdle: narrow time limits,
making students gather all kinds of unnecessary paperwork, and banning
students from appealing a decision.
DeVos's rule opens up the doors for schools to once again use
mandatory arbitration. I am not a lawyer, but I know from seeing this
done to far too many of my constituents. Its legal fine print that for-
profit schools sneak into their enrollment agreements deny students
their day in court. Students don't know they are part of these
agreements. They are, and they lose their day in court.
I hear from Ohioans all the time who have been scammed by these
schools.
Tasha Berkhalter came to Washington last month to bring attention to
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this important issue. She is an Army veteran. She served our country
with honor. She is a mother of four. She returned home. She wanted to
do forensics with the FBI, so she enrolled in ITT's criminal justice
program. She didn't think of it as a for-profit school. She didn't know
she was about to get scammed.
She had served our country. She wanted to serve our country. She went
to this for-profit school. ITT told her that her GI benefits would
cover the full tuition and that they would help her get a job after
graduation. But when she began to suspect the program wasn't the high-
quality education that it claimed and tried to transfer, she found out
that no other schools--no other legitimate schools--would accept her
ITT credits. The supposedly high-tech school was using outdated books.
Faced with a choice of continuing at ITT or starting completely over,
she finished her degree. She ended up $100,000 in debt. Remember, ITT
told her the GI bill would cover everything--well, except for $100,000.
She ended up $100,000 in debt with a degree that, unfortunately,
employers didn't take seriously.
Those are the people whom Secretary DeVos and those are the people
whom President Trump, with his own Trump University, want to take over
our higher education system.
Now she has lost her shot at using the GI benefit she earned, and she
is drowning in debt.
Ms. Berkhalter and other student veterans defrauded by shady schools
deserve better than the treatment they are getting under Betsy DeVos.
Not only is Betsy DeVos refusing to help, her new borrower defense rule
will let other for-profit colleges continue to run the same scams on
other students and student veterans.
The Consumer Financial Protection Bureau is supposed to crack down on
these schools and on loan-servicing companies that handle people's
student loans. That is why we created the CFPB--to look out for people
like Ms. Berkhalter. But under President Trump, under Betsy DeVos, they
refuse to let the CFPB look into loan services that are scamming
students.
I asked the CFPB Director today about this. We have been asking her
for a year to take this over and make it work. She continues to yield
to her billionaire friend in the Cabinet, Secretary DeVos, who is a
billionaire friend of the billionaire President and has no interest in
making him accountable. President Trump's CFPB Director is rolling
over, refusing to do her job protecting the tens of millions of
Americans with student loans.
It comes back always to whose side you are on. Are you going to stand
with student veterans, or are you going to stand with these for-profit
CEOs, these CEOs of for-profit schools who are making literally
millions of dollars a year? Are you going to fight for defrauded
Americans saddled with student loans or the shady schools ripping them
off? It is pretty clear with whom President Trump and Betsy DeVos are
standing. Over and over and over, President Trump and his
administration betray the people he promised to fight for.
I am glad my colleagues stood up today. It was a bipartisan victory.
It said to President Trump and Betsy DeVos and Majority Leader
McConnell that that kind of fraud, that kind of exploitation of our
veterans and our students who are defrauded by these for-profit
colleges is something we will no longer accept.
Remembering Nathaniel Jones
Mr. BROWN. Madam President, I rise to honor a leader in the fight for
justice, a great Ohioan whom we lost last month, Judge Nathaniel Jones.
At a ceremony dedicating the Federal courthouse in honor of Judge
Jones in 2003, former Congressman Louis Stokes said that the courthouse
served as a testament to the outstanding public service by ``a local
who made good.'' Judge Jones certainly was that.
Born in Youngstown in 1926, he served a country that did not yet
recognize his full legal equality. He served his country in World War
II. He went on to become a respected lawyer. He went on first to be a
journalist who worked for the Youngstown and Pittsburgh News. He worked
for the Youngstown newspaper. He covered Jackie Robinson when Jackie
Robinson played in AAA and became a friend of his. He went on to become
a respected lawyer, a Federal judge, and an international civil and
human rights advocate. He was a local who made good, but more
importantly, he was a man who did good. He committed his life to the
pursuit of justice and equality. We are all the better for it.
He led efforts to end employment discrimination as the Executive
Director of the Fair Employment Practices Commission. He was the first
African-American U.S. attorney for the Northern District of Ohio. He
served as Assistant General Counsel for President Johnson's Kerner
Commission. That Commission issued a landmark report warning that
racism and poverty were the root causes of violence in our Nation's
cities during the 1960s.
As general counsel for the NAACP, Judge Jones directed efforts to
fight discrimination faced by African-American soldiers and worked to
desegregate public schools in the North, stepping in personally to
argue several cases.
Nominated by President Carter, he was confirmed in 1979 to the Sixth
Circuit Court of Appeals--one of only 39 African Americans to ever
serve on the Federal Circuit. As a judge, he felt it was his duty to be
an instrument of change in a system that too often denied justice to
people of color. In many of the cases that came before the court, he so
often sided with those taking on powerful interests and fighting for
their rights--something we see far too little of in this body and in
this government.
As South Africa began to move beyond the dark days of apartheid and
chart a new future of inclusion and equality, Judge Jones was called to
help draft the country's new Constitution.
In Cincinnati, which he called home for some 45 years, the footprints
of his good work can be seen across the city. Some of my favorite times
were sitting in Judge Jones's office and listening to him tell about
his days as a reporter knowing Jackie Robinson, talking about his days
at the NAACP, and talking about his belief in justice and his passion
for fair play.
He was one of the early supporters of the National Underground
Railroad Freedom Center. He mentored numerous young lawyers who served
as his law clerks. He offered his assistance to local leaders seeking
to address the lingering stigma of racism still far too present in our
society. Judge Jones was a brilliant legal thinker. He was a dogged
advocate for civil rights.
Judge Jones was a wonderful husband and father. I am privileged to
know well Stephanie, his daughter, who worked in the House of
Representatives some years ago. He was a good friend, and he was a
mentor to so many. He was also a relentless optimist who never--never--
ceased to believe in the promise of our great country.
The legacy of Judge Nathaniel Jones will live on through his far-
reaching work for justice and through the many, many lives he touched.
I yield the floor.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. PORTMAN. Madam President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. PORTMAN. Madam President, my colleague from Ohio just spoke about
Nathaniel R. Jones, who was a circuit judge with the Sixth Circuit
Court of Appeals in Cincinnati and had a distinguished career as a
judge but a long, distinguished career as a true champion of civil
rights going back to the 1960s and was also general counsel of the
NAACP when landmark cases were decided. I also happened to have had the
privilege of getting to know him over the years and considered him a
dear friend.
We have a resolution that passed the Senate last month with regard to
Judge Jones, and I am pleased to join my colleague Sherrod Brown today
in paying tribute again to Nathaniel R. Jones. That resolution is now
in the Congressional Record and therefore the agent for all of us to be
able to understand the importance of the work he did and for future
generations to understand the importance of the march to freedom that
he represented.
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Great American Outdoors Act
Madam President, I am also here on the floor today to highlight the
introduction of landmark new legislation called the Great American
Outdoors Act. It is to ensure that some of our country's greatest
resources and our greatest treasures, including our national parks, are
taken care of for generations to come.
I am proud to help lead the introduction of this bill along with my
colleagues Senator Gardner, Senator Manchin, Senator Daines, Senator
Warner, Senator Alexander, and Senator King. I also want to thank
President Trump and his administration, first for President Trump's
support of the Restore Our Parks Act, which is part of this
legislation, over the past few years but also for their support of this
broader legislation, the Great American Outdoors Act.
In the spirit of President Teddy Roosevelt over 100 years ago,
Federal land management agencies like the National Park Service, the
U.S. Forest Service, the Bureau of Land Management, and others have
worked to designate and preserve some of the most beautiful and
historic parks of our country. Those lands, of course, include those we
all know of as our national parks--Yosemite, Yellowstone, some of the
great ones, Glacier--but also more modest sites like the boyhood home
of President Taft in my home State of Ohio.
In all, the National Park Service and its system include more than 84
million acres of parks and historical sites that now attract 330
million visitors annually. Actually, that is a record. More people are
going to the parks than ever. That is great. The concern is, when they
get to the parks, sometimes the parks aren't working for them because
of the huge infrastructure needs and the deferred maintenance problems.
We have eight of these national parks in Ohio, including Cuyahoga
Valley National Park, which is our largest single park and actually is
the 13th most visited national park in the country. It is a great park.
Whether it is for biking, hiking, fishing, or kayaking, I am one of
those 2.7 million visitors to Cuyahoga Valley National Park and Ohio's
national parks every year. I want to be sure these public lands are
preserved so more Americans can visit these incredible sites into the
future.
Going back to my days as the Director of the Office of Management and
Budget in the George W. Bush administration--going back about a dozen
years--I have taken the lead on figuring out ways to help protect our
national park sites throughout the country. At that time, we proposed--
in the Bush administration--a centennial bill. We were coming up on the
100th anniversary of our national parks, and the notion was to get more
public-private partnerships involved in the parks. President Bush and
his Secretary of the Interior at the time were very supportive of this
effort, as was the Office of Management and Budget.
After my time in the Bush administration, I was a member of the
Centennial Commission on the National Parks, and here in the Senate, I
am the author of what is called the National Park Service Centennial
Act, which was signed into law in 2016, on the 100th anniversary, to
establish the Centennial Challenge Fund for the national parks.
By the way, that Centennial Challenge Fund has done pretty well--$113
million has been appropriated, but it has been leveraged by an
additional $147 million from the private sector. So it has worked
exactly as we intended it to--in fact, even better; it has been even
more than a one-to-one match--the notion being, you put a challenge
fund out there and say, if you care about the parks, the Federal
taxpayer will put in some money, and you hope the private sector will
also match it, and it has been more than matched.
We also established the centennial endowment at what is called the
National Parks Foundation. This endowment is intended to fund projects
to address things like deferred maintenance at our parks. Separately,
that centennial endowment has now $31.5 million in it.
We know there is more work to do, though, to protect our national
lands to ensure they are going to be there to enjoy for the future. The
Great American Outdoors Act will help us in moving forward with this
mission through two main initiatives.
First, it will permanently fund what is known as the Land and Water
Conservation Fund through a provision offered by Senators Gardner and
Manchin--a $900 million initiative. The Land and Water Conservation
Fund provides resources to State and local governments, as well as the
Federal Government, to acquire land and water so that they can be
protected. Often this is your city park back home, so sometimes it is
neighborhood land. Sometimes it is land that connects to a national
park or a national forest. Sometimes there is a checkerboard pattern of
private ownership and public ownership, and it helps to connect those
together to preserve some of our existing public lands.
In any case, the Land and Water Conservation Fund has been successful
over the years. Since its creation in 1965, over $330 million in LCF
funding has gone to protecting land in Ohio, as an example, and
ensuring recreational access to those lands.
The second part of this legislation is that, along with the LWCF, the
Great American Outdoors Act includes our bipartisan Parks Act. It is
called the Restore Our Parks Act. I authored this along with Senator
Warner, Senator King, and Senator Alexander.
As I said, the parks and public lands are some of our greatest
treasures in this country. The problem is that, over time, we have
allowed this maintenance backlog to build up, meaning that a lot of the
buildings and infrastructure, the roads, the bridges, and the water
systems are deteriorating to the point that a lot of them are
completely unusable.
Again, it is great that a lot of folks are going to the parks now,
but when they get there, sometimes the trail is closed, the bathroom is
not working, and the visitor center has a leak in the roof and can't be
used. So it is time for us to put some funding into these deferred
maintenance expenses. Some would call them, perhaps, capital expenses.
Why has this happened? Well, because although every year we
appropriate funding for the parks, the funding is for the operations of
the park--for the nature programs, for the rangers, for just the day-
to-day activities--not for these infrastructure or capital expenses or
what we call deferred maintenance.
I have seen this firsthand in Ohio, where there is more than a $100
million backlog in long-delayed maintenance projects at our eight
national park sites. Last fall I was at the Cuyahoga Valley National
Park. I go there frequently. It is a great park, but it badly needs
more than $15 million in repairs--renovations for shelters, for parking
lots, for a bridge that is dangerous to cross, for railroad tracks.
There is a scenic railroad that runs through the Cuyahoga Valley
National Park, but the railroad track is in such bad repair that it is
dangerous--or will be soon--to go on that scenic railway. Trails have
been falling apart because of erosion, and they don't have enough money
to do it.
Let me give an example. The Cuyahoga Valley National Park has about
an $11 million budget every year. So the taxpayers of America come to
us here in Congress and say: Let's fund our parks. We fund the parks
for daily operations, and $11 million goes to Cuyahoga Valley National
Park--again, the 13th most visited national park. It is a great park.
There are a lot of visitors. It is sort of a suburban and in some
places almost an urban park as well as a rural park. It is exactly what
we need more of. A lot of kids access it--a lot of schoolkids. Well,
the deferred maintenance is over $50 million, so at $11 million a year,
how do you pay for that deferred maintenance? That has been the
challenge.
Elsewhere in the State, I have toured Perry's Victory and
International Peace Memorial, which is on the shores of Lake Erie. This
is at Put-in-Bay, so if you know Put-in-Bay--a famous spot for
recreation, but the historic part of it is Perry's Victory Monument. It
was established under those who fought in the Battle of Lake Erie in
the War of 1812, as well as to celebrate the long-lasting peace between
Britain, Canada, and the United States. So it is an important
historical marker.
There I saw some of the $48 million in long-delayed maintenance needs
at the
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site, which includes millions in needed repairs to fix a concrete
seawall that is literally crumbling. The high-water level of Lake Erie
has been part of the problem. Part of the problem is that it is just
old, and it is crumbling. There are sinkholes around it. You are not
allowed to go near the seawall or therefore near the lake. The visitor
center needs significant updates and needs to be made ADA accessible.
The Americans with Disabilities Act requires that they make it
accessible, and they don't have the funds to do that.
In that case, there is a $48 million price tag to do the maintenance
repairs, and their annual budget is minuscule because it is a small
park. It is a monument with a small visitor center. Yet they have this
huge expense.
I have also been to the Hopewell Culture National Historical Park in
Chillicothe to see millennia-old burial mounds from the original Native
Americans who were there and earthworks from the area's pre-Columbian
inhabitants. Again, I also saw there about $3.5 million in unmet
maintenance needs, including needed repairs to the exterior of the
visitor center and its trail system.
Parks have a lot of issues that over time have built up, and that is
a huge problem for us. In a way, it is kind of like being a homeowner:
If you allow the deferred maintenance to build up, if you don't take
care of the roof, what happens? Your drywall gets wet, and you have
mold in the drywall, and then the floor starts to buckle. But for being
able to fix that roof, you have all kinds of other problems. That is
what has been happening in our parks. The costs just keep mounting. The
total backlog at the national parks is now believed to be over $12
billion.
By the way, we require the parks to keep these lists: What are your
most urgent needs, and what are the broad needs you have in terms of
deferred maintenance? So we have good data on this one, and we know it
is over $12 billion.
It is a compounding problem. If you don't fix it, it gets worse and
worse and worse, which only increases the cost to taxpayers. The longer
we wait to address these maintenance needs--not fixing the hole in the
roof creates a lot of other costs for taxpayers.
I like this legislation because essentially it is saying: These are
debts unpaid. This is work that should have been done previously. So
let's find a funding source that is appropriate to that. I think the
funding source we found is the right one, which is the on- and offshore
oil and gas revenues. Instead of going into the U.S. Government, some
of these are going to be diverted to our national parks to pay for
expenses that have been there for years that we should have paid for
earlier but just don't have the method and the ability to pay for those
kinds of capital expenses or those kinds of deferred maintenance
projects in the annual budget.
So that is why we need to address this problem, and it is a problem
that is growing. We don't want it to get worse. Again, it comes at a
time when visitation is pretty good. From 2006 to 2017, annual
visitation increased by more than 58 million people. Again, over 330
million people visited the parks last year. That has also put, I
believe, more pressure on the parks and on this deferred maintenance we
talked about.
The challenges of keeping up with it have stretched our land
management agencies thin--not just the parks but the Forest Service,
our fish and wildlife refuges, our other Department of Interior land.
We have more issues now because so many of these lands have been using
bandaids to kind of get through it, and that doesn't deal with the
underlying issues, so the costs are mounting.
We initially introduced this commonsense solution to just deal with
the parks, which, again, have reached over $12 billion. Since then, I
am pleased to say we have worked with our colleagues on the other side
of the Capitol, who included these other lands, and also with the
administration to include funding for other land management agencies
that also have deferred maintenance issues--again, the Forest Service,
the BLM over at the Department of Interior, the fish and wildlife
refuges, and some of the Bureau of Indian Affairs lands.
To address this, the legislation before us creates what is called the
Legacy Restoration Fund, which will provide $1.9 billion per year for 5
years--it is a 5-year program--from unobligated on- and offshore energy
revenue. So these are royalties from that energy, which is actually
increasing as we do more exploration. So it is a total over 5 years--
$1.9 billion a year--of $9.5 billion to be divided across the National
Park Service, which gets the bulk of it, but also the Forest Service,
wildlife refuge, Bureau of Land Management, and Bureau of Indian
Affairs.
It addresses only the priority needs because that is not enough to
take care of all the needs. But the way the parks have analyzed this,
they have priority needs of about $6.5 billion, as an example, out of
the $12 billion, and all of those needs can be met with this funding.
It is not all that is needed. We know we will have to go back at this
again. But it is a very important bill--to do this for these 5 years to
ensure that we can indeed have these treasures continue to be places
where visitors can come from around the world, from around the country,
from the Cleveland city schools right next to the Cuyahoga Valley
National Park, and enjoy the majesty of our public lands.
I want to thank my colleagues again--Senators Gardner, Manchin, and
Daines--for their support in helping to put this final package
together. I want to thank our Restore Our Parks Act colleagues who have
been at this a long time--4 or 5 years--Senator Warner, myself, and
also Senator Alexander and Senator King.
Finally, I would like to once again thank President Trump for his
strong support of the Restore Our Parks Act over the past few years and
now of this new product that has come together. He understands the need
to protect the natural beauty of our public lands. I spoke to him about
it today.
To me, the Great American Outdoors Act is the next step in carrying
out Teddy Roosevelt's legacy, Teddy Roosevelt's mission of protecting
the environment for future generations.
I look forward to the ability to debate this on the floor of the U.S.
Senate week after next and to then pass it with a strong bipartisan
vote and send it to the President for his signature to ensure that this
landmark legislation, this historic legislation, can be enacted into
law.
The PRESIDING OFFICER. The Senator from Delaware.
National Environmental Policy Act
Mr. CARPER. Madam President, I rise this evening to discuss the
National Environmental Policy Act of 1969, which is oftentimes referred
to as the ``Magna Carta'' of environmental laws. When I think about our
Nation's most illustrious documents, I am reminded of the true
expression of America and its aspirations. I am reminded of our
Declaration of Independence and its embrace of ``Life, Liberty and the
pursuit of Happiness.''
I am also reminded of our Constitution. Delaware is known as the
First State because we were the first State to ratify the Constitution,
December 7, 1787--one week before anybody else. Our Constitution is the
most replicated and enduring Constitution in the history of the world.
It is not entirely unlike our more recent expressions of America's
values and guiding principles, like the National Environmental Policy
Act of 1969, or NEPA. NEPA has served as one of our bedrock
environmental laws for a half century now.
According to its six pages of statute, NEPA's purpose includes
``efforts which will prevent or eliminate damage to the environment and
biosphere and stimulate the health and welfare of man.''
NEPA enshrines democracy by giving the American people a voice to
help decide the fate of Federal decisions. For 50 years, NEPA has
sought to ensure environmental protection, public health, and the
notion that the American people have a say in Federal decision making.
Like our Constitution, NEPA is one of our Nation's most replicated
laws. The same principles of democracy and citizen participation that
are enshrined in our Constitution are also enshrined in NEPA. We have
made changes to our Constitution over the years, but those changes were
made rarely and with great forethought.
However, just 60 days ago, the Trump administration proposed a rule
that
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would fundamentally change the NEPA regulation for the first time in
its 50-year history.
Earlier this month, I testified at the Council on Environmental
Quality's public hearing in Washington, DC. There, I stated that unlike
the Ten Commandments, the NEPA regulations are not written in stone. I
understand that.
In 1978, there was broad consensus to finalize the NEPA regulations.
If we had that same kind of broad consensus today to update certain
NEPA provisions, this would be another story. After all, I have said
oftentimes that if something isn't perfect, let's make it better. But
there is a reason that NEPA is one of the most imitated environmental
laws on this planet--it has had a lot of success.
Any changes to the implementing regulations of this bedrock law--let
alone such substantial changes proposed by the Council on Environment
Quality to NEPA regulations--require careful thought, meticulous
deliberations, and bipartisanship. Consequential changes should be made
rarely and with great forethought.
Speaking of bipartisanship, one of our nominees before the
Environment and Public Works last year, nominated for a senior position
in the Department of Interior, said, in these words: Bipartisan
solutions are lasting solutions. That is what he said. He is a
Republican, from Wyoming. He said: Bipartisan solutions are lasting
solutions.
NEPA was signed into law 50 years ago by a Republican President,
Richard Nixon. NEPA was passed in this body by a bipartisan majority.
NEPA was passed in the House by a bipartisan majority. The reason why
it is still alive and well and functioning, protecting our environment,
is because it is a bipartisan solution, and it has helped make it a
lasting solution.
Any changes--any changes to the implementing regulations of this
bedrock law, let alone the kind of changes sought by CEQ, require a lot
more careful thought, deliberation, and bipartisanship.
CEQ simply has not aimed to address the needs of all the
stakeholders. Witness the universal opposition of the environmental
community, NEPA's most consistent constituency. Council on
Environmental Quality has touted this proposal--their proposal now--as
a way to ``modernize'' NEPA. However, the proposal is instead an
anachronism, taking us back to a time when construction bulldozed and
disconnected communities, before NEPA was enacted in 1970.
This proposal casts aside any consideration of frontline communities,
as well as the severe environmental consequences that come with
eliminating the requirement to consider cumulative environmental
impacts and indirect effects.
Taking away that requirement is akin to creating a new NEPA mandate
that would exclude the impact to air quality--or water quality--from a
proposed action. Simply put, it makes no sense.
Not only is removing these requirements a bad idea for public health
and for our environment, but doing so will end up costing taxpayers
more when projects aren't built to be resilient and, as a result,
taxpayer investments are quite literally washed away by the next big
storm or flood.
What is more, this proposal gives the fox the keys to the henhouse by
allowing companies to write their own environmental impact statements.
Think about that--by allowing companies to write their own
environmental impact statements. That is a little bit like offering
students self-graded, take-home exams. This proposal also creates
loopholes to avoid environmental review and public input, which is
especially harmful to environmental justice communities that are often
the targets of industrial investments and projects.
I take no joy in saying this, but the proposal before us is one that
is, sadly, myopic and ideologically driven. I have repeatedly called on
CEQ to withdraw this proposal, and I do so again today.
Along with the policy, I must also mention CEQ's refusal to open this
notice to proposed rulemaking to greater public involvement that is
commensurate with its gravity and scope.
In rebuttal to repeated concerns from more than 160 Members of
Congress, and literally hundreds--hundreds--of stakeholder
organizations, CEQ stated that it is ``engaging in extensive public
outreach, including through requests for public comments, two hearings
and other outreach''--two hearings in the whole country.
Just last week, with only three full business days prior to the close
of the comment period, CEQ finally told 166 other Members of Congress
and me that it would refuse to extend the public comment period, thus
providing the public as little opportunity as possible to have their
voices heard.
Both CEQ's reply and its public statements make clear that CEQ
believes it somehow deserves extra credit for allowing the public to
participate in this rulemaking. Public involvement means not only an
opportunity to comment, it means taking those comments seriously by
CEQ.
Let me be clear. Neither this CEQ nor any Council on Environmental
Quality gets extra credit for the mere act of requesting public
comments on America's bedrock environmental law.
CEQ certainly does not deserve extra credit for allowing only 60 days
to review and comment on this massive environmental protection
rollback. CEQ also does not get extra credit for only two hearings in
the entire country--two hearings--to receive public comment.
At these hearings, the public needed a ticket and only got 3 minutes
to speak. Think about that: 3 minutes for a law that has been around
for a half century that is a basic bedrock environmental law, 3
minutes; constraining comments to a couple of minutes; the idea of
requiring tickets, as if it is some kind of prize to participate in
something that should be a democratic norm; and the idea of CEQ failing
to engage a single speaker in Denver or Washington, DC. Think about
that: not engaging even one speaker in the two places where the public
actually had the opportunity to comment. Not one. That doesn't
constitute an open process, not where I come from. I think it probably
doesn't for most other folks as well. It doesn't come close. What we
have here is a clear sign that CEQ is limiting the involvement of the
public and wants the clock to expire before the public can find out
what is actually in the massive rewrite. That is what it is.
To say I am disappointed with CEQ's response is an understatement.
NEPA is a 50-year-old law, but Americans have only been given 60 days
to defend it.
I will go back to what I said before. No law is written in stone. The
Declaration of Independence, the Constitution of our country are not
written in stone. Everything we do, I know we can do better. But the
way CEQ has approached this task, this undertaking, is not just
disappointing, I think it is shameful.
NEPA reminds us that our government is one that is of the people, for
the people, and by the people. But this proposal and this process
bear--what I just described--little resemblance to those words of
Abraham Lincoln. Sadly, they make a mockery of them.
Let me be clear. I will continue to fight to defend NEPA and the
democratic tools it avails to the American people.
I yield the floor to my friend from Oklahoma.
The PRESIDING OFFICER. The Senator from Oklahoma.
Embrace Hope
Mr. LANKFORD. Madam President, I come to the floor today to
unashamedly brag on the people of Southwest Oklahoma. It is a pretty
remarkable group of folks. In the community around Lawton, OK, and
surrounding communities, there are people who serve their neighbors
every day. There is a remarkable group of churches and nonprofits,
ministries, Federal workers, State, city, and county staff who are
there and do a pretty amazing job of taking care of their neighbors.
This weekend is above and beyond. This weekend, Southwest Oklahomans
organized what they call Southwest Oklahoma Embrace Hope--so 1 day, on
Saturday, where the whole community will be having neighbors serving
neighbors to see what they can do to help each other.
Serving your neighbor is not about how much money you have or a title
you hold or a certain house you live in. Taking care of your neighbor
is just basic honoring each other and finding a way to love your
neighbor. The vision
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behind the Embrace Hope event is about stepping up and saying as
individuals that we can do more if we do it together.
The Embrace Hope community event in Lawton will offer Oklahomans an
opportunity to access a lot of free services and some basic help. There
are partners from all over the State of Oklahoma who have donated their
time, their services, their finances to help those in need all over
Southwest Oklahoma--all in one place, all at one time. If someone needs
housing--shelter, information, or a referral, food--there will be folks
there who can help them.
There will be agencies there to talk about long-term needs and people
needing short-term needs. If someone needs a job, there will be folks
there who will show them opportunities for hiring. If someone needs to
get their resume together so they can get a job, there will be folks
there who can take a picture so they can use it with their resume. In
fact, if folks need a suit to wear to an interview, there will be folks
there to help them get a suit so they are able to prepare themselves
for a job.
There will be health services there. You can schedule an appointment
with a local health center, and there will also be ways to get dental
services, optometry, pregnancy resources, or even a breast exam, if
that is needed.
There will be folks there who can give them a haircut if they need a
haircut and haven't been able to get access to that.
There will be folks there who are mental health professionals and
counselors so they can interact with folks who may struggle with
substance abuse or dealing with the stress of life. There will be folks
there who can help them with legal assistance. These are communities
coming together; ministries, churches, organizations, and government
agencies are all coming to one place at one time to help.
There are a lot of needs in the area. In fact, in Oklahoma, according
to DHS statistics just from this last year, we had 78,000-plus
households that needed winter heating assistance in our State. More
than 378,000 Oklahomans receive food benefits, like the Supplemental
Nutrition Assistance Program. These are Federal resources and Federal
programs.
As Members of Congress, we work together to help in whatever way we
can to help those in greatest need to be lifted out of poverty and to
be able to walk through some of their low points in life. But a
government check or a check-in with a Federal entity is no substitute
for a neighbor helping a neighbor. When you are at your low point of
life, a check is helpful to get you through a hard time, but you need a
person; you need a mentor; you need a friend; you need a neighbor.
The Embrace Hope event is all about that. It is neighbors helping
each other to be able to walk through this process, but it is also
about opportunities for people who live in Southwest Oklahoma. It is
not just to help someone one day, but also to understand that we could
do this throughout the course of the year because there are lots of
folks who say: I want to be able to help.
They just don't know where to go to be able to help their neighbors.
They might help the folks who are around them; they might help people
in a small group at their church; they might have family members they
help, but they say that they want to be able to do more.
The Embrace Hope event allows volunteers by the hundreds who have
signed up to serve their neighbor one day, but it also allows them to
take a test drive with a bunch of other ministries and nonprofits in
the area and say: What do you do that I can volunteer one day to help
people, but maybe I can plug in and help you at other times?
It allows those nonprofits and ministries to reach out to a whole
pool of people, who maybe are not involved all the time, to say: If you
enjoyed helping your neighbor that day, why don't you come work with us
the rest of the year?
It is a way for them to meet each other. Quite frankly, it is a way
for us to build a stronger State, a stronger community, and stronger
connections with our neighbors so that we don't default by saying
``They get help from the government, so that is probably all they
need,'' when we know in our heart it is not. They need help from
somebody local. They need a friend, and they need somebody who can look
them in the face and say: How can we help? That is Embrace Hope.
There have been hundreds of people who have volunteered already, and
as they are preparing for this Saturday, it will probably be a cold and
wet day, which is a perfect day to help people in need.
As we get together on this Saturday with all the volunteers and all
the folks, there will be one person who will be in the background whom
the whole event will circle around, but a lot of folks will not know
it. Her name is Brenda Spencer-Ragland. She is the lead event
coordinator for Embrace Hope. I can't even imagine how many hundreds of
hours she has put in behind the scenes to be able to bring this to
reality. Her title is event coordinator, but that title doesn't
remotely do justice for the work she has done to bring Embrace Hope to
reality.
She is one of those incredible individuals who everyone wishes lived
around them, but Southwest Oklahoma actually has her. She has a
servant's heart and a servant's attitude. It is who she is, quite
frankly, more than just what she does.
Brenda served our Nation as a civilian with the U.S. Army for 32
years before assuming her current role. She was Director of the Family
and Morale, Welfare and Recreation Program at Fort Sill in Lawton. Her
title was a fancy way of saying that she took care of military families
in whatever way she possibly could, and she did it well. She loved
serving those who serve us. On her retirement, she grieved because she
loved serving those folks at the post.
Now, after dealing with morale at Fort Sill and after serving also as
the Housing Director at Fort Sill, she has found a new way to serve--
Embrace Hope. She has built around that same mission. She came to
Oklahoma City, and she saw an event called Love OKC, which was similar
to this. She brought a whole group of volunteers to come take a look at
what was happening in Oklahoma City and the remarkable Love OKC event
that has happened for 7 years in a row. She took that vision back to
Southwest Oklahoma and created Embrace Hope. Meeting after meeting,
donor after donor, long night after long night of organizing--it is
about to happen.
Brenda, for all of the folks in Lawton who don't know you, they
should because, if they did, they would give you a warm hug and a very
grateful thank-you for blessing so many people. Thank you for answering
the call to serve your friends and neighbors and stepping up when you
saw a need and tirelessly giving back to Southwest Oklahoma and the
community that you love. It is an honor to call you a friend and a
neighbor. I look forward to serving alongside you this weekend in
Embrace Hope, doing whatever you need me to do to help you as we love
our neighbors together.
God bless you. I look forward to seeing you there, Brenda. I love
getting a chance to be able to brag about what is happening in the
great Southwest Oklahoma.
I yield the floor.
The PRESIDING OFFICER. The Senator from Oklahoma.
____________________