Peter DeFazio

Mr. DeFAZIO

Mr. DeFAZIO. Finally, it also includes the Don Young Coast Guard Authorization Act of 2022, authorizing $13.6 billion and $14.5 billion for the next year for much-needed shoreside infrastructure. It also authorizes a third polar security cutter. The Russians have 20 icebreakers. The Arctic is opening up. We need a third cutter, and then we need the smaller cutters. I thank Ranking Member Graves, Chair Napolitano, Ranking Member Rouzer, Chair Carbajal, Ranking Member Gibbs, and all of my staff for their tremendous work on this committee.

Mr. DeFAZIO. Mr. Speaker, this bill makes history as the fifth consecutive water resources development bill, the first time in the history of the United States Congress this has been done. It authorizes 25 construction reports of the Chief of the Corps of Engineers, essential to Portland, Oregon; Tacoma, Washington; Selma, Alabama; and right here in Washington, D.C. The bill also meets the challenge of climate change, even though some deny it exists, by rebuilding and maintaining critical navigation jetties and breakwaters to dimensions necessary to address sea-level rise and extreme weather events, impacts of coastal storms, and inland flooding. It also addresses future water supply needs in the arid West and works to make communities more resilient. For the first time in over a decade, it significantly expands the Corps' environmental infrastructure authorities to assist more communities in addressing their drinking water and wastewater needs.

Mr. DeFAZIO. Mr. Speaker, today is a historic day for our water resources and for bipartisan and bicameral work in the Congress. Mr. Speaker, I include in the Record a joint explanatory statement to accompany the Water Resources Development Act of 2022 and a letter to Chairman Smith. House of Representatives, Committee on Transportation and Infrastructure, Washington, DC, December 8, 2022. Hon. Adam Smith, Chair, House Committee on Armed Services, Washington, DC. Dear Chairman Smith: I am writing to further explain the intentions of Section 11252, Strategy for Retention of Cuttermen, of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. In 2020, the Supreme Court of the United States ruled in Bostock v. Clayton County (590 U.S._(2020)) that the term ``sex'' included sexual orientation and gender identity for purposes of Title VII of the Civil Rights Act of 1964. Specifically, the Court determined that ``homosexuality and transgender status are inextricably bound up with sex. Not because homosexuality or transgender status are related to sex in some vague sense or because discrimination on these bases has some disparate impact on one sex or another, but because to discriminate on these grounds requires an employer to intentionally treat individual employees differently because of their sex.'' This rationale is applicable to a range of laws that prohibit discrimination on the basis of sex or gender. Indeed, federal courts both prior and subsequent to the Court's decision in Bostock have determined that our nation's federal laws that prohibit sex or gender discrimination also prohibit discrimination on the basis of gender identity including Title IX of the Education Amendments of 1972, Section 1557 of the Affordable Care Act, the Fair Housing Act, and the Equal Credit Opportunity Act. The Supreme Court in numerous decisions, such as United States v. Virginia (518 U.S. 515 (1996)), has used the terms sex and gender interchangeably. Our nation's nondiscrimination laws must be construed broadly to achieve Congress' aim of eradicating discrimination. In keeping with these cases and the current understanding of gender, I want to explicitly state on the record that the reference to discrimination based on gender in Section 11252(c) of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 also includes discrimination on the basis of gender identity. I understand that the Coast Guard shares this view and understanding of Section 11252(c). It is critical that the Coast Guard attract and retain a qualified workforce serving on Coast Guard cutters and that such a workforce includes underrepresented minorities and servicemembers from rural areas. I thank you for including this important section in the NDAA and look forward to reading the Commandant's strategy for retention of cuttermen. Sincerely, Peter DeFazio, Chair.

Mr. DeFAZIO

Mr. DeFAZIO. Mr. Speaker, this will be a parable to greed and modern predatory capitalism. We used to have the most efficient, reliable freight network in the world. Freight was delivered safely, at a reasonable rate, and on time. They had a large skilled workforce reasonably compensated, and the railroads were all moderately profitable. Then came Hunter Harrison, now deceased. He thought there was something wrong with this. He took over CSX. There is something wrong here. He invented precision scheduled railroading, which is anything but. He slashed the workforce and started running trains that were 4 and 5 miles long. They don't have sidings that are that long, so they block intersections all across the country. He found new ways to gouge the customers with a host of new fees and jacked-up rates and, as a side effect, as the agriculture, energy, and construction customers have all testified to the Surface Transportation Board, delayed deliveries, disrupted businesses, and increased costs, which ultimately get passed on to consumers. But he accomplished his goal. Profits are up. In the last decade, railroads bought back $230 billion worth of stock and dividends. In 2021, it was $26 billion in dividends and buybacks and $29 billion in profits. The CEOs, like the now-gone Hunter Harrison, are making out like bandits. They all earned $16 million a year on average or more. The Wall Street jackals, well, they are just thrilled with the stock price. Warren Buffet was bragging on making $6 billion last quarter with BNSF, which has become the most abusive railroad in the system. They used to be the best. They were the star. I don't know what happened. Last week, we had to legislate here on the floor of the House. 115,000 rail workers had gone 3 years without a contract. The railroads were intransigent. They couldn't afford pay raises. What? Oh, and no paid sick time. Oh, we couldn't do that. They testified to the Presidential Emergency Board that record profits were not due to ``any contributions by labor.'' I guess the trains run and maintain themselves. Despite massive layoffs and a 600 percent increase in productivity of the remaining workforce, I guess it is their just fabulous business acumen that is making all this money. Because they cut the workforce to the bone, they are particularly adamant that there can be no paid sick time--well, no sick time at all, in fact. They are forcing workers to come to work sick and fatigued in an industry where one little mistake will lose you a limb or might cause a catastrophic accident. There is a 60 percent increase in the violations of time by the railroads. If they gave all the workers 7 days paid leave, it would take 1 cent off of their profits, 1 cent per dollar of those profits. Last week, the House voted to lock in the tentative agreements that provide historic pay raises and guarantee reimbursement for work expenses, and they prevented a massive disruption. In addition, 221 Members of the House voted to impose 7 days of paid sick leave--with only three Republicans. Pretty pathetic, guys. Pretty pathetic. Congress took action because we recognized who makes this country great, who makes it run. It is frontline workers. Without them, just under one-third of our country's freight would sit idle. It is time for the railroads to face the music. Precision scheduled railroading is an abject failure. Your service is atrocious. You treat your workers with no respect. Don't come crying to the Federal Railroad Administration and Congress to bail you out for your ineptitude, greed, and profit taking. If you can't provide your workers with paid sick time because you don't have enough people working, well, then, maybe the CEOs could take a shift in the rail yard to cover them. It is time for this to end. Unfortunately, it didn't last week because the Senate overrode us. I thank my staff who worked so hard on this legislation last week: Auke Mahar-Piersma, Andrea Wohleber, Frances Bourne, Katherine Ambrose, Alice Koethe, Jill Harrelson, Kathy Dedrick, and all the other fabulous members of my team.

Mr. DeFAZIO

Mr. DeFAZIO. Madam Speaker, I include in the Record the cost estimate prepared by the Congressional Budget Office for H.R. 5641, the SPEED Recovery Act. The cost estimate was not available at the time of the Committee report filing. U.S. Congress, Congressional Budget Office, Washington, DC, August 22, 2022. Hon. Gary Peters, Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. Dear Mr. Chairman: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 5641, the SPEED Recovery Act. If you wish further details on this estimate, we will be pleased to provide them. The CBO staff contact is Jon Sperl. Sincerely, Phillip L. Swagel, Director. Enclosure. H.R. 5641, SPEED Recovery Act--August 3, 2022 [By Fiscal Year, Millions of Dollars] ------------------------------------------------------------------------ 2022 2022-2027 2022-2032 ------------------------------------------------------------------------ Direct Spending (Outlays)........... 0 0 0 Revenues............................ 0 0 0 Increase or Decrease (-) in the 0 0 0 Deficit............................ Spending Subject to Appropriation 0 1 * (Outlays).......................... ------------------------------------------------------------------------ * = not estimated. Mandate Effects: Statutory pay-as-you-go procedures apply? No. Increases on-budget deficits in any of the four consecutive 10-year periods beginning in 2033? No. Contains intergovernmental mandate? No. Contains private-sector mandate? No. H.R. 5641 would codify a final rule issued by the Federal Emergency Management Agency (FEMA) in August 2022 that allows more disaster relief projects to qualify as small projects and thus be approved for federal assistance under a simplified review process. That rule increased the upper monetary threshold for small projects from $139,800 to $1 million. Projects under the threshold are approved for assistance based on estimated costs rather than on the actual costs of projects and are typically approved for assistance more quickly. Because H.R. 5641 would codify an existing regulation, CBO estimates that enacting the provision related to a higher threshold for small projects would not affect the budget, relative to current law. In addition, within three years of enactment, H.R. 5641 would require the inspector general of the Department of Homeland Security to audit projects that have received assistance under the higher threshold for the simplified review process to determine whether there has been waste or abuse. Using information from FEMA and the Government Accountability Office about the cost of similar audits, CBO estimates that implementing that requirement would cost about $1 million over the 2022-2027 period. Any spending would be subject to the availability of appropriated funds. The CBO staff contact for this estimate is Jon Sperl. The estimate was reviewed by H. Samuel Papenfuss, Deputy Director of Budget Analysis.

Mr. DeFAZIO

Mr. DeFAZIO. Madam Speaker, on Friday, July 29, 2022, I was unavoidably detained and missed some of the day's votes. Had I been present, I would have voted: Yea on Roll Call Vote 416, H.R. 7283--To amend the Infrastructure Investment and Jobs Act to make certain activities eligible for grants from the Abandoned Mine Reclamation Fund, and for other purposes. Nay on Roll Call Vote 417, S. 3451--To include certain computer- related projects in the Federal permitting program under title XLI of the FAST Act, and for other purposes.

Mr. DeFAZIO

Mr. DeFAZIO. Mr. Speaker, had I been present, I would have voted YEA on Roll Call No. 338.

Mr. DeFAZIO

Mr. DeFAZIO. Madam Speaker, I rise today to commemorate the 50th anniversary of the Pell Grant Program. All Americans, regardless of their income, should have the right to access quality education, which is invaluable for accessing good jobs, financial stability, and economic mobility. Throughout my career, I have strongly supported the Pell Grant Program, which provides direct financial assistance to low-income students to ensure they have the same access to higher education and opportunities for success as their higher-income peers. Since its creation, more than 80 million students have received a Pell Grant. Today, nearly 7 million students are going to college with Pell Grants, including over 17,000 students in my district who are receiving $71 million to pursue their higher education goals. As a recipient of financial aid who couldn't have attended college without help, I understand the need for the federal government to ensure students have access to higher education. I believe that a college education-- whether from a vocational school, a community college, or a four-year college--should open doors for students, not weigh them down with insurmountable debt. When the program was created 50 years ago with bipartisan support, it could cover more than 75 percent of the cost of earning a four-year degree at a public university. But today, it doesn't even cover 30 percent of the cost. That's why I've fought throughout my career to increase Pell Grant funding in order to help current and future students with the rising costs of higher education. Our investment in the Pell Grant is an investment in our children's and our nation's future. As we mark 50 years of the Pell Grant program and recognize the success of graduates who have benefitted from it, I look forward to continuing my support for the program to ensure future students have access to invaluable opportunities without being saddled with burdensome loan debt. I urge my colleagues to support the bipartisan resolution declaring June 23, 2022, as National Pell Grant Day, as well as to work towards protecting the right for all Americans to pursue a higher education should they choose, regardless of their financial status.

Mr. DeFAZIO

Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I will just expand a little bit on the gentleman from California when he raised the MFN for China in 1990, most-favored- nation status. Until then, we had been able, on an annual basis, to threaten China with substantial retaliation restrictions if they violated international norms in trade. The Clinton administration mistakenly felt that if the Chinese were given most-favored-nation status and put into the World Trade Organization that somehow they would reform their practices. They haven't; they didn't; they won't. Interestingly, I was cleaning out a drawer in my desk today and came across a headline story where it said, ``DeFazio predicts the largest export to China will be U.S. jobs,'' and it has been. We have hemorrhaged hundreds of thousands, millions of good, family-wage manufacturing jobs in this country, developed extraordinary dependence. The Senate version of the COMPETES Act, thanks to Senator Toomey, would actually make us more dependent on China, do away with all tariffs, including on medical protective gear and other things. Did we learn nothing during this pandemic? This bill is just one first step in beginning to reestablish the United States' competitive position in the world with free and ``fair'' trade--fair, underlined eight times--including the shipping companies and those who utilize or dominate those shipping companies. This is critical legislation. I am hoping that we can make even more progress in the COMPETES Act on the Senate side and not adopt their pathetic, total kowtowing to China. Mr. Speaker, I urge my colleagues to support this legislation, and I yield back the balance of my time.

Mr. DeFAZIO. Mr. Speaker, I thank the gentleman. I thank him for the colloquy. Yes, I totally agree with the gentleman from South Dakota's understandings with respect to any additional promulgated rules pursuant to section 7 and to the May 18, 2020 rule now in place. Mr. Speaker, I yield back to the gentleman.

Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the bill (S. 3580) to amend title 46, United States Code, with respect to prohibited acts by ocean common carriers or marine terminal operators, and for other purposes.

Mr. DeFAZIO

Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 6270, as amended.

Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 6270) to direct the Secretary of Transportation to establish a pilot program to provide grants related to advanced air mobility infrastructure, and for other purposes, as amended.

Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 6270, legislation sponsored by the gentleman from Washington (Mr. Larsen) and the gentleman from Louisiana (Mr. Graves). With the recent passage of the landmark Infrastructure Investment and Jobs Act, Congress renewed its commitment to robust Federal investment in the Nation's airport infrastructure to address the rising demand for air travel. As the needs of the traveling public evolve, we must build on this momentum to leverage innovative aviation technologies, such as advanced air mobility, called AAM, to help address future challenges. The success of these efforts depends on early and consistent engagement with State and local communities to ensure that AAM infrastructure is safely integrated into the national airspace system, accessible to all, and built to the appropriate Federal standards. H.R. 6270 continues Congress' thorough oversight of the emerging AAM industry and helps local communities across the country prepare for and take advantage of the tremendous potential of this technology. The bill invests $25 million to establish a 2-year U.S. Department of Transportation pilot program to fund comprehensive planning grants for State, local, territorial, and Tribal governments to prepare for the deployment of AAM vertiports and related infrastructure in their communities. These comprehensive plans may include details on potential vertiport locations; physical and digital infrastructure needs; potential environmental effects; connectivity to existing transportation systems; and strategies to ensure community engagement and equity. The bill's pilot program would also provide limited funding for some public vertiport construction activities, such as design, bidding, and environmental study activities, only after the FAA has certified at least two AAM aircraft models, issued airworthiness determinations for at least two AAM operators, and published an advisory circular on vertiport design and performance and siting standards, among other criteria. H.R. 6270 has the support of cosponsors from both sides of the aisle and the endorsement of several organizations representing the U.S. aviation and aerospace sector, and State and local governments. Mr. Speaker, I support this bipartisan legislation, and I urge my colleagues to do the same. I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, I have no further speakers, and I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, to reiterate, we have an emerging technology. For once, we need to get ahead of the curve, including the FAA, so that we are not impeding the tremendous potential of AAM across so many sectors and virtually every community in America. Mr. Speaker, I strongly urge my colleagues to support this legislation, and I yield back the balance of my time.

Mr. DeFAZIO

Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on S. 516, as amended.

Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of S. 516, the Advanced Air Mobility Coordination and Leadership Act. Last November, this Chamber took a critical first step in fostering innovative advanced air mobility, AAM, in the U.S., by passing with an overwhelming majority, H.R. 1339, companion legislation also titled Advanced Air Mobility Coordination and Leadership Act. That bill would establish an interagency working group comprised of the Federal Government, States, localities, the aviation industry, labor unions, and other key stakeholders to plan and coordinate efforts to safely integrate AAM operations into our airspace system. Today, we are one step closer to making what was once only thought of as a figment of the imagination--as people used to refer to flying cars and things like that. S. 516, as amended, reflects a bipartisan, bicameral agreement that will make this a reality. It will require the development of an AAM National Strategy; include a Government Accountability Office study on the interests, roles and responsibilities of Federal, State, local, and Tribal governments affected by AAM aircraft and operations; and direct the Department of Transportation to conduct an evaluation of whether the AAM working group should be terminated after the group submits its required recommendations to Congress. It will incorporate relevant language and technical corrections from H.R. 1339; and clarify the key stakeholders with whom the new AAM working group will collaborate. The Federal Government industry stakeholders alike recognize the potential for AAM aircraft to alleviate traffic congestion, reduce the current burden on surface infrastructure, create good-paying U.S. jobs, and provide a more environmentally sustainable mode of daily transportation. As these new aircraft emerge in an already complex national airspace, we must be certain that they are safe for those on board, those on the ground, and fully and safely and effectively integrated into the national airspace system. The interagency working group and subsequent AAM National Strategy on safety, security, and infrastructure will help support the development and deployment of AAM and advance U.S. leadership in this growing global industry. Mr. Speaker, I thank the sponsors of the original House bill, Representatives Sharice Davids and Garret Graves, for their bipartisan effort. Mr. Speaker, I support S. 516, as amended, and I urge all my colleagues to do the same. Mr. Speaker, I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the bill (S. 516) to plan for and coordinate efforts to integrate advanced air mobility aircraft into the national airspace system, and for other purposes, as amended.

Mr. DeFAZIO. Mr. Speaker, I have no further speakers, and I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, I have no further speakers, and I reserve the balance of my time.

Mr. DeFAZIO. Mr. Speaker, I yield myself the balance of my time. Mr. Speaker, we have just heard the bipartisan consensus expressed by the two speakers on that side about the looming extraordinary importance of this industry and how we have to get it right as we move forward to not impede it but also to protect safety. Mr. Speaker, I strongly recommend this legislation to my colleagues, and I yield back the balance of my time.

Mr. DeFAZIO

Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of H.R. 2020. This bill would create a new online system for tracking Federal disaster projects and assistance. When a major disaster strikes, the American people should know how and where their disaster funds are being spent without wading through reams of governmental paperwork. This legislation simplifies the data collection process for Federal disaster recovery projects. To increase transparency to the public, the bill would also create a page on USAspending.gov where everyone can track agency disaster recovery activities and the amount of assistance expended by an agency on a quarterly basis. Federal agencies need to be held accountable to the victims of disasters so that they can have peace of mind when they are at their most vulnerable. Mr. Speaker, I urge my colleagues on both sides to join me and support this legislation, and I reserve the balance of my time. House of Representatives, Committee on Small Business, Washington, DC, June 10, 2022. Hon. Peter A. DeFazio, Chairman, Committee on Transportation and Infrastructure, House of Representatives, Washington, DC. Dear Chairman DeFazio: I am writing with respect to H.R. 2020, the ``Post-Disaster Assistance Online Accountability Act''. Thank you for consulting with the Committee on Small Business regarding the matters in H.R. 2020 that fall within the Committee's jurisdiction. As a result of your consultation with us on this measure and in order to expeditiously move the bill to the floor, I forego further consideration of H.R. 2020. The Committee on Small Business takes this action with our mutual understanding that we do not waive any jurisdiction over the subject matter contained in this or similar legislation, and the Committee will be appropriately consulted and involved as the bill or similar legislation moves forward so that we may address any remaining issues that fall within our jurisdiction. Further, I request your support for the appointment of an appropriate number of conferees from the Committee on Small Business during any House-Senate conference involving this or similar legislation. Finally, I would appreciate your response to this letter confirming our understanding regarding H.R. 2020 and would ask that a copy of our exchange of letters on this matter be included in the Committee Report and the Congressional Record during floor consideration of the measure. Thank you for the cooperative spirit in which you have worked regarding this matter and others between our respective committees. Sincerely, Nydia M. Velazquez, Chairwoman.

Mr. DeFAZIO. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2020) to provide for an online repository for certain reporting requirements for recipients of Federal disaster assistance, and for other purposes.

Mr. DeFAZIO

Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 7211.