Bob Goodlatte

Mr. GOODLATTE

Mr. GOODLATTE. Madam Chairman, I have an amendment at the desk.

Mr. GOODLATTE. Madam Chairman, it is my pleasure to yield such time as he may consume to the gentleman from Pennsylvania (Mr. Marino), who joins me in offering this amendment.

Mr. GOODLATTE. Madam Chairman, I yield myself such time as I may consume. I and Regulatory Reform Subcommittee Chairman Marino offer this amendment to bridge the gap between two vital pieces of legislation: Chairman Marino's RAPID Act, H.R. 348, which the House passed on September 24, 2015, and Senators Portman and McCaskill's Federal Permitting Improvement Act, S. 280. These bills have been companions for multiple terms in our effort to streamline the process by which Federal agencies review and decide upon applications for federally funded and federally permitted construction projects. Permit streamlining reform is essential to create new, high- paying jobs and strengthen our economy. It is a priority of the House, the Senate, and the President. S. 280 was incorporated by a floor amendment into the Senate amendments to H.R. 22 and, so, is included in the base bill before us. In two of the three key respects, it substantially achieves the House goals embodied by the RAPID Act: to shorten the time it takes to conclude litigation over Federal permitting decisions, and require litigants first to present the substance of any claims before permitting agencies during their administrative reviews. The Senate text, however, falls short in the third key respect: reliably expediting the time agencies have to conclude their reviews before acting to approve or disapprove permits. The Senate language includes many important steps toward this goal, but multiple loopholes in the language open the door for deadlines without end and without standards. The amendment Subcommittee Chairman Marino and I offer fixes this problem by establishing firm checks and balances through which the Director of OMB and the Executive Director of the Federal Permitting Improvement Steering Council can prevent abusive extensions and assure that permit applications are reviewed within reasonable deadlines. The amendment embodies a pre-conferenced resolution of the differences between the RAPID Act and S. 280 as incorporated into H.R. 22 that Subcommittee Chairman Marino, I, Senator Portman, and Senator McCaskill all support. If the House adopts this amendment, it will perfect the bill to assure powerful permit streamlining reform, paving the way for good projects to move forward more quickly, delivering high-quality jobs and improvements to Americans' daily lives. I urge my colleagues to support this amendment. I reserve the balance of my time.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, on behalf of myself and Representative Robert Hurt, I submit these remarks to commemorate and celebrate the life of Macel Falwell. Mrs. Falwell passed away on October 15, 2015, at the age of 82. The widow of the late Reverend Jerry Falwell, founder of Thomas Road Baptist Church and Liberty University in Lynchburg, Virginia, Mrs. Falwell and her husband could never have imagined where God's plan would take them during their 49 years of marriage. She was self- admittedly timid, but never shied away from life's experiences and opportunities. Mrs. Falwell was truly a pillar of the Lynchburg community. She touched many lives through her work with Thomas Road Baptist Church and other local organizations. Many remember the musical talents she shared with her congregation, while others reflect on her work with Liberty Christian Academy, including serving as President of the School Board. It is without a doubt that she leaves behind a rich legacy of service. But her greatest joy and role was as wife and mother. Mrs. Falwell is survived by three children: Jonathan, the pastor of Thomas Road Baptist Church, where his father preached for 51 years; Jeannie Savas, a surgeon; and Jerry Jr., the current president of Liberty University. Our thoughts and prayers remain with her children, grandchildren, and many other beloved family members and friends. As her obituary described: ``Mrs. Falwell was well known in the Thomas Road Baptist Church and Liberty University family as a woman of poise and grace. Never desiring the spotlight, she faithfully and quietly stood by her husband for many years as both institutions were founded and built but she was always most comfortable in her role as a pastor's wife. She was his greatest cheerleader, confidant, advisor and friend during their ministry together.'' While her presence will be greatly missed by those here on Earth, we know that she is now at peace in heaven with her husband. Countless people would echo the sentiment shared by Mrs. Falwell's son, Jonathan, shortly after her passing: ``I can't believe I've been so blessed to have her in my life.''

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, community action agencies in the United States have established a history of giving individuals a much-needed hand-up out of poverty. Whether it's assistance with housing, finding a job, providing early childhood education, or even offering help to those recovering from abuse or addictions, community action agencies are the ``Golden Rule'' at work. I wish to honor an agency located in the Sixth Congressional District of Virginia that is actively fulfilling this mission. Originally founded as Total Action Against Poverty by Cabell Brand, Total Action for Progress--known in Roanoke, Virginia simply as TAP--is celebrating its 50th anniversary as the Roanoke Valley's sheltering umbrella. Cabell Brand saw poverty was due to more than just an individual's financial circumstances. He believed that in order to be a full participant in society, an individual needed opportunities to improve one's life. A half-century later, Cabell Brand's vision of an organization that would allow someone to ``TAP Into Hope'' remains at work. Cabell Brand met with Sargent Shriver when he was planning to form an organization that could grow from the Economic Opportunity Act of 1964. A partnership in the community formed the non-profit that came to be called TAP, offering assistance to low-income individuals living in the area. Community action, the likes of which Brand and Shriver dreamed of, came to life in the Roanoke Valley and was embraced by the local governments. Since taking office, I have come to understand the benefits that community action agencies provide to the downtrodden. In turn, I have enjoyed every opportunity I have had to work with this organization as they have displayed the ``can-do'' spirit that has helped transform TAP into one of our country's most successful community action organizations. From its roots in Roanoke, TAP now serves men, women, and children in 11 localities in western and southwest Virginia. The focus is on self- reliance and self-determination with TAP's dedicated staff providing a unique brand of strength. It's that strength that I came to see in Cabell Brand, in his successor Ted Edlich--who marked his retirement last year--and in Annette Lewis, the current President and CEO. I congratulate TAP on its 50th anniversary, and I look forward to continuing to tell its story as a model for the good that can come from a sense of hope.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I yield 5 minutes to the gentleman from Wisconsin (Mr. Sensenbrenner), the chairman of the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations of the Committee on the Judiciary, and the chief sponsor of this legislation.

Mr. GOODLATTE. 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 materials on H.R. 1428 currently under consideration.

Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may consume. I would like to begin by thanking Mr. Sensenbrenner and Ranking Member Conyers for introducing this important bipartisan legislation to extend privacy protections and help ensure that the flow of law enforcement information between the European Union and the United States continues unimpeded. In recent years, several broad and highly publicized leaks of classified U.S. intelligence information have eroded the global public's trust in the United States Government and our technology sector. As a result, both the Federal Government and U.S. businesses that operate overseas are facing growing challenges from proposals to limit the international flow of data. Our allies in Europe, in particular, are concerned that the European public will no longer support law enforcement cooperation with U.S. authorities if we do not enact legislation to restore their public's trust in U.S. privacy protections. Moreover, American businesses across all sectors face negative commercial consequences abroad as a result of the climate that has been created by the unauthorized disclosure of classified data. H.R. 1428, the Judicial Redress Act, can go a long way toward restoring our allies' faith in U.S. data privacy protections and helping facilitate agreements such as the Data Privacy and Protection Agreement that enhance international cooperation. According to the Department of Justice, the Judicial Redress Act is critical to reestablishing a trusting relationship between the European Union and the United States, to ensuring continued strong law enforcement cooperation between the United States and Europe, and to preserving the ability of American companies to do business internationally. The Judicial Redress Act accomplishes this by granting citizens of designated foreign countries a limited number of civil remedies against the Federal Government, similar to those already provided U.S. citizens and lawful permanent residents under the Privacy Act. This legislation is narrowly tailored in that it only applies with respect to information obtained through international law enforcement channels. Any lawsuit brought pursuant to this bill is subject to the same terms and restrictions that apply to U.S. citizens and lawful permanent residents under the Privacy Act. If this legislation is enacted, citizens of designated foreign governments will be able to sue the United States in Federal District Court with respect to intentional and willful public disclosures of law enforcement information by the Federal Government that injure those citizens. Additionally, for information that is not subject to an exemption under the Privacy Act, covered foreign citizens will be able to seek redress for failures by the Federal Government to grant access to records or to amend incorrect records. American citizens are already afforded these types of judicial redress rights in many foreign countries. Although these may be limited civil remedies against the United States Government, they will provide European citizens with the core benefits of the Privacy Act and, in doing so, will greatly help to restore the public trust necessary for the continued success of our law enforcement cooperation with Europe. The bill will also facilitate adoption of the Data Privacy and Protection Agreement and promote a healthy environment for U.S. companies that do business overseas. I urge my colleagues to support this legislation. Mr. Speaker, I reserve the balance of my time. House of Representatives, Committee on Oversight and Government Reform, Washington, DC, October 6, 2015. Hon. Bob Goodlatte, Chairman, Committee on the Judiciary, Washington, DC. Dear Mr. Chairman: I write concerning H.R. 1428, the Judicial Redress Act of 2015. As you know, the Committee on the Judiciary received an original referral and the Committee on Oversight and Government Reform a secondary referral when the bill was introduced on March 18, 2015. I recognize and appreciate your desire to bring this legislation before the House of Representatives in an expeditious manner, and accordingly, the Committee on Oversight and Government Reform will forego action on the bill. The Committee takes this action with our mutual understanding that by foregoing consideration of H.R. 1428 at this time, we do not waive any jurisdiction over the subject matter contained in this or similar legislation. Further, I request your support for the appointment of conferees from the Committee on Oversight and Government Reform during any House-Senate conference convened on this or related legislation. Finally, I would ask that a copy of our exchange of letters on this matter be included in the bill report filed by the Committee on the Judiciary, as well as in the Congressional Record during floor consideration, to memorialize our understanding. Sincerely, Jason Chaffetz, Chairman.

Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1428) to extend Privacy Act remedies to citizens of certified states, and for other purposes.

Mr. GOODLATTE. Mr. Speaker, I again reiterate, this bill is a good bill. It is a very important bill that will help promote law enforcement cooperation around the globe and will help U.S. companies that do business overseas to be able to better obtain the respect and trust of foreign governments and foreign citizens, so I urge my colleagues to support this legislation. I yield back the balance of my time.

Mr. GOODLATTE. Mr. Speaker, I yield 3 minutes to the gentleman from Georgia (Mr. Collins), a member of the Committee on the Judiciary.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, after President Obama's ill-conceived stimulus bill failed, he blamed its failure on the lack of shovel-ready construction projects. President Obama was even quoted in the press to have joked about it. ``Shovel-ready was not as shovel-ready as we expected,'' he said. Hard-working Americans desperate for jobs didn't think that was funny. They still don't. They are watching us right now, wanting to know if we can deliver meaningful reform that will create jobs. Let's send a message to them today that we can and we will. For years now the President's Jobs Council's recommendation that we streamline the Federal permitting process has been staring the President in the face. Just last term President Obama stood in this House and promised action to ``slash bureaucracy and streamline the permitting process . . . so we can get more construction workers on the job as fast as possible.'' Mr. Speaker, the RAPID Act is precisely the legislation to do that. It is exactly what our private and public sector leaders have called for. It is what millions of American workers yearning for new work and higher wages need. True to form, some of my colleagues on the other side of the aisle support this motion to recommit in an attempt to stop this legislation. They can't yet bring themselves to say, ``Yes, we can'' to the cutting of bureaucratic red tape and obstruction. But this motion to recommit is the exact mirror image of everything that is wrong with the Federal permitting process and keeps jobs from the American people. It is nothing but a fabricated argument, a procedural device, a tried and true tactic of delay--an excuse for Members of Congress to duck a vote and not make a needed decision that will bring millions of good, high-paying jobs to the people of this country. The bill does not require a project to be approved, only that an agency timely decide whether or not to approve it. I urge my colleagues to vote against this motion and vote for the RAPID Act. Finally, Mr. Speaker, all of us today are stunned by the dramatic and courageous decision of the Speaker of the House, John Boehner, to retire at the end of October. We thank him for his tireless work, his conservative leadership of the Republican Conference for 9 years, his distinguished service as Speaker of the House for nearly 5 years, and for his long service to the people of this great country. I yield back the balance of my time.

Mr. GOODLATTE. I rise in opposition to the motion.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Chairman, I urge my colleagues to oppose this amendment. I yield back the balance of my time.

Mr. GOODLATTE. Mr. Chairman, I yield myself the balance of my time to say to my colleague from Texas that this bill is about national security. The gentlewoman is right. We can all agree on the importance of national security and protecting our security, but making sure that when projects are planned they are implemented within a reasonable period of time. And we are talking about years--not days or weeks or even months--years for a permitting, years for examination to make sure that these are done carefully, but not decades, as happens now with a number of different projects that have been discussed over the last 2 days that, in their current state, without the kinds of repairs, without the kinds of increased improvements, without the kinds of additional safety and security protections that new projects bring online, we are more vulnerable, not less. I fear that the gentlewoman from Texas' amendment would do just that.

Mr. GOODLATTE. Mr. Chairman, I claim the time in opposition to the amendment.

Mr. GOODLATTE. Reclaiming my time, I would say to the gentlewoman that the bill allows lots of time for each stage of the permitting process to cover and discover ways to make a project more secure, to make it safer, to improve it in a variety of different ways; and that the gentlewoman's amendment would harm the ability to do that, not help, because it would slow down the process under which we would have these new projects able to begin construction and then be completed. With that, I urge my colleagues to oppose the amendment. I yield back the balance of my time.

Mr. GOODLATTE. Mr. Chairman, I rise in opposition to the amendment. This amendment denies the benefit of the bill's permit streamlining provisions to any and all projects that could be terrorist targets or involve chemical facilities or other critical infrastructure. That includes projects that would help to protect those infrastructures and facilities from terrorist attacks or other adversities. Why would we want to delay permitting decisions on projects that would help to protect us? The bill, moreover, already provides up to 4\1/2\ years for agencies to complete their environmental reviews for new permit applications and reasonable additional time for agencies to wrap up final permit approvals or denials after that. As I have said before, if agencies can't wrap up their environmental reviews in that much time and then meet the bill's remaining deadlines, there is something terribly wrong with those agencies. Mr. Chairman, new projects, whether they be infrastructure projects that make a dam stronger or make a highway safer or make a nuclear facility less vulnerable to attack, are all important things to do, and we should do them with expedition, not take longer rather than shorter to get them done, because all the time that we are spinning our wheels with the permitting process that can take 20 years or more, we are more vulnerable during that time. Almost all new infrastructure projects are better than what they are replacing, and that should be our guiding principle. Get these things done expeditiously. It will make us safer. It will make us a better economy. It will create more jobs. Mr. Chairman, I reserve the balance of my time.

Mr. GOODLATTE. Mr. Chairman, I claim the time in opposition to the amendment.

Mr. GOODLATTE. I yield to the gentlewoman from Texas.

Mr. GOODLATTE. Mr. Chairman, I do rise in opposition to this amendment. I do share, however, the interest of the gentleman from Georgia in promoting the common good, as mentioned by Pope Francis when he spoke in this Chamber yesterday. But the common good is people coming together to improve their lives by creating improved infrastructure for transportation, whether that is highways or mass transit, for delivering energy resources to places where that energy needs to be delivered, to improving the shipping lanes so that goods can be shipped to and from this country and within this country in ways that make it easier for consumers to receive the energy, the products, the transportation that they need and deserve. The RAPID Act will create jobs by ensuring that the Federal environmental review and permitting process works like it should. It will also make sure that these infrastructure projects that deliver the common good will do so in a reasonable period of time, so people won't have to wait 20 years, like we heard yesterday from the gentleman from Texas, about simply lowering the draft, the 8 feet lower, for ships to get up the waterway in east Texas to deliver goods and pick up goods from ports in that part of the country. Why 20 years to make a decision about dredging 8 feet from a waterway? The RAPID Act is drafted to make agencies operate efficiently and transparently. That is not happening in so many, many instances. But, it does not prevent citizens from participating in that process. In fact, the bill makes sure that agencies provide the public with reasonable public comment periods. It authorizes up to 60 days of public comment on Environmental Impact Statements, up to 30 days of comments on environmental assessments and other documents, and grants the lead agency authority to negotiate extensions or provide them on its own ``for good cause.'' This is more than fair. By comparison, the National Environmental Policy Act, which has been cited many times on the other side of the aisle, only requires agencies to allow 45 days for public comment--not the 60 days provided in the RAPID Act--on draft environmental impact statements and 30 days for public comments on final environmental impact statements. The RAPID Act also reasonably requires that a person comment on an environmental document before challenging it in court and bring any suit within 6 months as opposed to 6 years. Opponents should not be able to delay a project indefinitely by playing ``hide the ball'' with agencies or by resting on their rights. I urge my colleagues to oppose the amendment. I reserve the balance of my time.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Speaker, I rise today to recognize an epidemic that is plaguing our servicemembers and our veterans, and that epidemic is suicide. Each day it is estimated, on average, 22 veterans commit suicide in the United States. That is more than double the rate for the civilian population, and it is an extremely tragic statistic. Earlier this year, the Clay Hunt Suicide Prevention for American Veterans Act was signed into law to help combat this very serious problem. I applaud this step forward, but our work is far from over. We must continue to ensure that those veterans who are suffering know that they are not alone; they have family, friends, and resources readily available to help them heal and move forward. These men and women have given so much to this great Nation. It is our duty to walk with them during and after their service. I remain committed to providing the highest quality medical care and resources for these brave men and women who were wounded in the course of defending our freedom. I look forward to working with my colleagues to improve timely access to mental healthcare services to ensure our veterans in crisis receive the help that they need. I thank Mr. Benishek and Ms. Sinema for organizing this Special Order hour.

Mr. GOODLATTE

Mr. GOODLATTE. Mr. Chairman, I am prepared to close. I reserve the balance of my time.

Mr. GOODLATTE. Mr. Chairman, I yield myself the balance of my time. Mr. Chairman, first, to the gentleman from Georgia, let me just say that the Water Resources Development Act, which passed this House, has in it the same streamlining provisions of the permitting processes for the projects that it would fund that are based on the ideas in this bill. Why? Because we know that, just because we come up with the funds for something, those funds can be churned and churned and churned year after year after year in the permitting process and never ever get to a permit so the underlying construction can take place in Texas or Savannah, Georgia, or Virginia, or all of the other places where infrastructure projects are needed. Part of the enormous cost of it is the enormous process that we go through and the length of that process and the review and review and review that never gets to a decision. During the debate over this bill this term and last, we have heard several false alarms from my friends on the other side of the aisle. For example, we have heard that the bill does not allow enough time for environmental reviews to be completed. But, with all due respect, the bill, when necessary, allows as much time for the completion of an environmental impact statement as it took our Nation to win World War II. Surely that is time enough. We have heard that the bill will generate more litigation because there may be litigation over what its new terms mean, but that argument can be made against any reform legislation. If it were a valid and sufficient reason to defeat legislation, we would never pass another reform bill. Furthermore, the bill for the first time requires litigants to present their claims to permit agencies before they sue in court and to file lawsuits no later than 180 days after the agency's final decisions. That will reduce litigation, not increase it. We have also heard that the White House has threatened to veto the bill. Mr. Chairman, that is what is truly alarming. This legislation fulfills the calls of the President's Council on Jobs and Competitiveness to streamline the review of Federal permit applications. We are doing that in this legislation. It creates shovel-ready projects, which even President Obama claims would create jobs. In fact, it would generate millions of high-paying, good jobs for our Nation's workers and families, who so desperately need them. It would raise the standard of living of Americans. The White House should not be issuing threats to veto the legislation. The White House should be running to lend its support to this bill. Ignore the false alarms and embrace the commonsense reforms in this bill. Pass the RAPID Act, call the President's bluff, give the Nation shovel-ready projects. Mr. Chairman, I yield back the balance of my time.

Mr. GOODLATTE. Mr. Chairman, I move that the Committee do now rise.