David McKinley

Mr. McKINLEY

Mr. McKINLEY. Mr. Chairman, I thank Mr. Norcross, my co-chairman of the Congressional Building Trades Caucus, to be able to discuss this. Mr. Chairman, I rise today in opposition to this amendment offered by my friend from Arizona. His amendment would change dramatically the methodology used to determine wage rates paid to construction workers across America. While this proposal may appear to be reasonable at first blush, it would dramatically depart from the current practice and would result in massive pay cuts for working families. Unlike the current system, the methodology would not take into consideration the total value of all wages and benefits into account. It excludes the cost of pensions, healthcare, and, vitally, training that we need to have. So what we are trying to say, Mr. Chairman, is the full benefit must be considered, and it is not in this amendment. Mr. Chairman, as someone who began in the construction industry in 1965, 52 years--after 52 years in this business, I understand how the Davis-Bacon Act works and how it works across the country. So let's not forget, these wage protections are not just for union workers but for all construction workers. It ensures that the local workers can make a fair living on projects in their community. This amendment, unfortunately--as well intended as it might be--would undermine that. I urge a ``no'' vote.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, the Strengthening Career and Technical Education for the 21st Century Act is a long overdue reform and reauthorization of the federal career and technical education (CTE) program. Unfortunately, I remain concerned that the bill included changes to the funding formula for states that would result in significant cuts to CTE funding for West Virginia and several other states beginning in 2021. The removal of a hold harmless provision will result in a direct loss of $4.07 million to West Virginia, a cut of nearly 20 percent over a three-year period. Given West Virginia's economic struggles in recent years, we can ill afford drastic cuts to workforce training programs. As the legislative process continues, I urge the U.S. Senate to find an equitable solution and consider states that will be disadvantaged by the removal of the hold harmless provision. Without additional changes to the funding formula, in its current form I will oppose the bill.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, I rise today to honor the Defenders of Bataan and Corregidor in remembrance of the 75th Anniversary of the fall of Bataan and Corregidor in May of 1942. From December 8, 1941 until May 6, 1942 American soldiers, marines, sailors, nurses and airmen fought along-side the members of Philippine army in defense of the Philippine Archipelago. On December 8, 1941, a day after the infamous attack on Pearl Harbor, bombs were dropped on Clark Field, starting what would become known as the Philippine Campaign or the Battle of the Philippines. On April 9, 1942, after fighting for four months without reinforcements and supplies, Major General Edward King, Jr. surrendered the forces under his command on the Bataan Peninsula. Upon surrender of the American and Filipino forces, the Japanese encountered twice as many captives as reports had estimated, thus creating an enormous logistical challenge--the transport and movement of over 60,000 starving, sick, and debilitated prisoners and over 38,000 equally weakened civilian noncombatants that had been caught up in the battle. The prisoners and refugees had to be moved north to get them out of the way of the final Japanese assault on Corregidor, but there was simply not enough mechanized transport to move the masses of wounded, sick, and weakened prisoners. The Japanese solution was to force march the 60,000 prisoners north from Mariveles to San Fernando and from Capas to Camp O'Donnell--a distance of approximately 66 miles. This has become known as the Bataan Death March. Starting on April 9, 1942 and lasting for seven days, credible sources report widely differing prisoner of war casualties--from 5,000 to 18,000 Filipino deaths and 500 to 650 American deaths--that resulted. Forced to march without food or water, many simply could not continue. Prisoners were bayoneted, shot or buried alive if they could not walk. If any tried to escape they were shot. The final assault on American and Filipino forces in defense of the Philippines came on May 5, 1942 with an assault on the island of Corregidor and ended on May 8, 1942--when General Jonathan M. Wainwright surrendered forces under his command to the Japanese commander, Lt. General Masaharu Homma of the 14th Japanese Army, thus ending the Battle for the Philippines. For the next three and a half years Americans were held by the Japanese in the Philippines, Formosa, Korea, China and Japan in POW camps and forced to work for Japanese companies in support of the Japanese war effort. When Japan finally surrendered, American forces sent to Japan found these men and women emaciated--some weighing as little as a third of their normal weight. Suffering for three and a half years, these men and women endured unspeakable hardships and atrocities at the hands of their captors. Mr. Speaker, I ask my colleagues to join me in honoring and remembering those who suffered so much in the name of freedom during World War II on this, the 75th Anniversary of the Bataan Death March and the Battle for the Philippines. We are eternally grateful for men such as Ed Jackfert of Wellsburg, West Virginia--who is still with us-- as well as those who have recently passed such as Joe Vater, Abie Abraham and Lester Tenney. These men were part of the Greatest Generation and fought in defense of their country during World War II.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, as chairman of the Congressional Coal Caucus, I rise today in strong support for this action. After 8 long, tortuous years, our coal communities have endured a withering attack from Washington bureaucrats focused on this agenda of anticoal. What has been the result? Across this country, in the coal fields of this country, 400 mines have closed down, 83,000 coal miners have lost their jobs, 246 power plants have closed down, and our electric utility bills have gone up 45 percent. Then, right before President Obama left town, his administration punctuated its war on coal with this damaging further rule. This rule is nothing more than an organic manifestation of a Washington bureaucracy drunk with power. If it is left unaddressed, this rule would shut down an additional number of coal mines, and 78,000 men and women would lose their jobs because of this rule. For the last 2 years, our Coal Caucus, bipartisan members, have made stopping this rule our number one priority, because it has nothing to do with the health of America, the safety of America, and the life of Americans. Simply put, it was President Obama's attempt to drive a final nail into the coffin of an industry that made America great. Look, enough is enough. This war on coal has to come to a stop, and I think this election set the tone for that. Now that we finally have a President who understands the painful impact of excessive and unnecessary regulations, we should pass this CRA as quickly as possible so he can sign it. It is time to give the families of the coal fields all across America a chance to get relief from the unelected bureaucrats in Washington. I thank the chairman for his work in getting this. I thank him for the cosponsorship that we have had with Congressmen Johnson and Jenkins to help us out on this, to get this before us. We have to do this for the people of West Virginia and around the country.

Mr. McKINLEY

Mr. McKINLEY. I yield to the gentleman from Kentucky.

Mr. McKINLEY. Thank you, Mr. Chairman, for this opportunity to discuss this short-term healthcare provision for coal miners that is in the CR. A few months ago, approximately 20,000 retired coal miners and their families received notices that they would lose their health benefits at the end of this year--not for anything that they did, but because of President Obama's war on coal and the excessive regulations that have forced their former employers into bankruptcy. Remember, these men and women did nothing to cause this problem. The extension of their healthcare benefits will give these families, unfortunately, little relief. It is for only 4 months, not any longer. After this bill passes, in just a few short weeks, they will be back in the same position. They will get the same notice. I am deeply disturbed that this bill does not include a long-term solution. Some in the Senate are even willing to kill this bill, but, in so doing, they would be abandoning the 20,000 coal miners. We can't do that. We have to accept what we have. We can't turn our back on these families. Stopping this CR would put 20,000 people in harm's way. So I am supporting its passage, extending my hand to the leadership, and asking that they work with me when we return next Congress to find a long-term solution. Our coal miners deserve the peace of mind to know that their benefits will not be threatened in the future. I am willing to work with leadership, and anyone else, in Congress to get that done. Mr. Chairman, I have enjoyed very much working with you for the last 6 years. So my question to you is: Is it your understanding that we will have the opportunity to pursue a long-term solution and fund the healthcare benefits of retired coal miners in the first months of the 115th Congress and before the CR expires?

Mr. McKINLEY. Reclaiming my time, thank you, Mr. Speaker. I look forward to working with you. You have been very honorable, and someone that I have truly enjoyed working with. As we proceed on this in the next year, I think we can be successful. With incoming Chairman Frelinghuysen, I am even more excited. This is a way to get a final resolution.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, I rise to urge my colleagues to include language relating to coal combustion residuals regulation in a final agreement with the Senate on the Water Resources Development Act (WRDA) of 2016. The House bill, H.R. 5303, took a positive step by providing funding for important projects and investments in our ports, channels, locks and dams that will continue to support our waterway system that is used by both commercial and recreational traffic. Unfortunately unlike the Senate version, the House bill did not include this policy priority that is vital to communities living in coal country. The Senate language, section 8001 of S. 2848, empowers states to manage coal ash instead of having those regulations dictated to the states by unelected federal bureaucrats. This failure to include the coal ash language is disappointing given the fact that similar legislation has passed the House six times since 2011, most recently through the passage of H.R. 1734 on July 22, 2015. Importantly, this language makes clear that water infrastructure projects authorized under the Water Resources Development Act represent a beneficial reuse of coal combustion residuals. Coal ash is a key ingredient for improving the quality, durability, and sustainability of concrete used to build all water infrastructure projects. We have the opportunity to address this issue once and for all as we finalize the Water Resources Development Act of 2016. It is imperative that we address this issue to ensure the proper management and disposal of coal ash. Congress has a responsibility to provide finality to the recyclers and producers of coal ash as well as the more than 300,000 individuals whose job is reliant upon the coal ash recycling. I urge my colleagues to adopt this important language in any final WRDA agreement.

Mr. McKINLEY

Mr. McKINLEY. Mr. Chairman, I have an amendment at the desk.

Mr. McKINLEY. Mr. Chairman, I rise in support of this amendment. It is a fairly simple amendment which will prevent employees and other officers of an executive agency from using private email accounts when discussing pending regulatory actions. In doing so, we will ensure that there is a clear record of communication throughout the rulemaking process, while making certain that no favoritism is received privately to a particular organization or outside group when drafting a rule. Private communications--and that is the key word, ``private communications''--between those that stand to gain from a pending rule and a regulatory agency raise, I believe, legitimate questions. We have seen this time and time again in the last few years. Specifically, there has been evidence of these private emails being used and working in the shadows with outside groups on cross-State air pollution, the Clean Power Plan, and Pebble Mine, just as examples. These attempts to circumvent transparency by secretly using an outside group, by providing an outside group a seat at the table when regulations are being developed, is unacceptable and unfair. It has to stop, Mr. Chairman. This amendment would prevent this from happening and go a long way to promoting transparency, accountability, and integrity by our regulatory officials. I urge my colleagues to support this amendment and final passage of the bill. I reserve the balance of my time.

Mr. McKINLEY. Mr. Chair, what I could hear was that what we are trying to do here actually is expand that deal with rules and regulations. We understand it can be on other matters. I accept that. If they want to use official communication, that is fine. We just want a record that someone doesn't have to explore to try to find out what that is under rules and regulations. So, again, I believe that we should stand on this, adopt this amendment, and ultimately pass the bill. I yield back the balance of my time.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, the healthcare benefits and pensions for 120,000 coal miners and their families are in serious jeopardy due to bankruptcies and challenges in the coal industry. This issue isn't just about a shortfall of funds; it is about people's lives. A retired coal miner told me his wife has cancer. He was so afraid of losing his healthcare coverage he was nearly in tears. Another retiree told me that he needs his pension to take care of his handicapped granddaughter. These miners are scared. Coal miners helped build this country. They have earned these benefits, and they deserve to have the secure retirement they worked so hard for. Legislation I have been working on for over 3 years will help protect the health care and benefits for these retirees and their families. We need to act soon. Time is running out. Promises were made, promises made by the Federal Government years ago, and those promises need to be kept. Let's get this bill to the floor so these families can have peace of mind and know that we care about them.

Mr. McKINLEY

Mr. McKINLEY. Mr. Chairman, I have an amendment at the desk.

Mr. McKINLEY. Mr. Chairman, this bipartisan amendment seeks to address the problem of America's declining defense industrial base. Consider these facts. Since the 1980s, the number of American rocket motor companies has declined by 60 percent with only two companies remaining able to manufacture motors that propel our missiles. The Department of Defense has already published seven reports going back to 2009 and all the way up to last year, all talking about specifically warning of the danger of this decline of our solid rocket motor industrial base. In these reports, they use terms like ``at risk,'' ``vulnerable,'' ``shrinking,'' ``atrophying,'' and ``fragile.'' Despite these reports, the Air Force has permitted outsourcing of rocket motors for tactical missiles to foreign companies without even giving other U.S. companies the opportunity to compete. Mr. Chairman, this illustrates why so many Americans are frustrated with Washington. The DOD has identified a problem, but they haven't done anything about it since these reports have been surfacing. This amendment will help correct the problem, strengthen the solid rocket motor industrial base, and possibly create American manufacturing jobs. The amendment simply says that, if there is a foreign supplier for solid rocket motors on our missiles, the DOD must ensure there is a second supplier available. The second supplier can be domestic or it can be foreign. Last year a similar provision passed in the House NDAA, but was removed in conference with the Senate. Since that time, we have modified this amendment to try to find a compromise that would be acceptable. Now, the bottom line is: This is about an opportunity to strengthen America's industrial base and American jobs. The question remains: Does Congress stand for American jobs or with continued foreign outsourcing and weakening our fragile manufacturing capacity? Mr. Chairman, let's give our firms in America an opportunity to compete. I would like to thank Chairman Thornberry for his support of this amendment and his staff for working with us as well as our bipartisan sponsors of this amendment. I urge a ``yes'' vote on this amendment. I reserve the balance of my time.

Mr. McKINLEY. Mr. Chairman, how much time do I have?

Mr. McKINLEY. Mr. Chair, I yield myself such time as I may consume. Let's try to clarify this. And I do appreciate the remarks of my colleague. We are talking about a situation that when the performance specification was changed, there was a problem. I recognize that. But the problem here, or the issue here is that the defense already was embarking on going overseas to find a supplier before there were any problems that had surfaced with this. This has been cleared. We understand that. Now, let's go further with this. We are not talking about just an American firm. There are two, possibly there could be another one that could emerge, three or four. Remember, we used to have far more rocket motor manufacturers in America. We are down to two now. Now, maybe there is going to be a foreign corporation, someone else that surfaces with this. We know there are others. But it just seems patently shortsighted for us in America, with all this purchasing power that we have, to limit ourselves to one supplier, one supplier. So what we are saying is, fulfill the specifications, find out whether or not you can get another firm as qualified to be able to do this, whether it is foreign or domestic. But let's have competition. For the American public and our defense and our spending, I think it is a fiscally responsible thing to do to try to find a way to be responsible in our dollars. So it may be an American firm. Quite frankly, I hope it is. And then we can stimulate our declining industrial defense base. But if it is someone else, at least we are going to find we have competition. And unless I am wrong, I always thought that the American way was finding competition to be able to compete with us. This amendment gives us an opportunity. Since 2009, our government has come out with report after report after report after report that there is a problem. We need to address it. But they have done nothing other than outsourcing this material. I think it is time that we take action, we allow an opportunity for a second firm to compete. Mr. Chairman, I yield back the balance of my time.

Mr. McKINLEY. Mr. Chairman, I demand a recorded vote.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, this week is indeed National Police Week, a time to honor and commemorate the sacrifices of the courageous men and women who serve in law enforcement. They keep our communities strong and our neighborhoods safe. Today, I want to particularly recognize Sergeant John Schultz of the Wheeling Police Department for his 20 years of service and for always putting others first. Sergeant Schultz has not only been a proud police officer, but he has also served abroad in Desert Storm and Desert Shield. For the last 5 years, he has mentored local kids as a PRO at Wheeling Middle School. His selfless service was evident last year when on June 2, he dove into a public pool fully clothed in boots, shoes, and weapons to successfully rescue a student who was unconscious at the bottom of the pool. For this courageous deed and his admirable and respected career, he has been recognized by the National Association of Police Organizations for honorable mention for the prestigious TOP COPS Award. Let's congratulate him for this honor and thank all of his law enforcement colleagues who dedicate their lives every day to the well- being of all of our fellow citizens.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, I rise today in honor of Brigadier General John ``Doc'' Bahnsen, Jr., a Hancock County, West Virginia, resident who was recently recognized as a 2016 West Point Distinguished Graduate. I am honored to count Doc and his wife Peggy as my friends, and I cannot think of a man more deserving of this award. General Bahnsen graduated from West Point in 1956 and began a 30-year career in the Army, including two tours in Vietnam. A member of the air cavalry, he piloted Hueys under fire. He was one of the most highly decorated officers in Vietnam and was awarded the Distinguished Service Cross, five Silver Stars, and two Purple Hearts. After Vietnam, General Bahnsen continued his service and helped to establish the National Training Center, where our soldiers prepare for deployment overseas. In retirement, Doc has remained an active alumni at the Academy. He frequently travels to West Point to give lectures to cadets and is a leading booster for the West Point Rugby Team. General Bahnsen is a true role model for America, and we should all strive to ascribe to his virtues. Through a life of service, he has proven how dedication, pragmatism, and patriotism can help make this country great again.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, I rise in support of S. 238, the Eric Williams Correctional Officer Protection Act, and urge its immediate adoption. Two years ago, our office met with the family of Eric Williams. We heard the tragic story of how he was brutally murdered in the line of duty at the penitentiary at Canaan. In coordination with Senator Toomey's office, we then introduced the bill, in concert with Congressmen Barletta and Marino, the companion bill in the House. We reintroduced it again this past year and are thrilled that the Toomey bill has passed the Senate and has come before the House today. This bill will permanently authorize Federal correction officers to routinely carry pepper spray in medium-, high-, and maximum-security prisons. Think about what we heard a minute ago. At the time of his death, Officer Williams was only equipped with a radio, a set of keys, and some handcuffs. Any worker should feel safe and secure when they go to work, but that is not the case in our Federal correctional institutions. These men and women have no line of defense against conflicts within the prison walls. This bill will go far in providing Federal correctional workers a much-needed tool so that they may defend themselves and others if attacked by violent prison inmates. I thank the Judiciary Committee and leadership for their quick action in bringing this issue to the floor, and I urge all my colleagues to honor the memory of Officer Eric Williams by voting ``yes'' and sending this bill to the President's desk.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, I rise to recognize and honor the life of Carlyle Farnsworth from Wheeling, who passed away on Christmas Eve. I was honored to have known him as a friend. Carlyle was a member of the Greatest Generation in America, and he served in the United States Marine Corps during World War II. When he returned home, he built a career, raised a family, and was a community leader for a number of years. He served on the board of the Wheeling Hospital for 29 years and was a past president. He was president of the Wheeling Area Chamber of Commerce, was active in scouting with the local valley Scout council, and served as the vice president of the Scouts for over 20 years. Carlyle attended the very first National Scouting Jamboree right here in Washington in 1937. He was a distinguished banker for over 40 years and served as the bank president for many of those years. He belonged to numerous State and national banking associations and served on the West Virginia State Board of Investments. My lasting impression of Carlyle was how cheerful, upbeat, and positive he was. I offer my condolences to his loving wife of 44 years, Sue; to his daughter, Betsy Ann; to his son, Thomas, and his wife C.J. Carlyle will be missed, but he will be remembered as a leader, as a loving husband, and as an inspiration to all of those with whom he came in contact.

Mr. McKINLEY

Mr. McKINLEY. Mr. Speaker, I rise today to recognize the outstanding accomplishments of three West Virginia State football champions, all of which are from the First District of West Virginia: Head Coach Josh Nicewarner and the Indians of Bridgeport High School on their third straight Class AA championship title; and from Magnolia High School, Head Coach Josh Sims and the Blue Eagles on their single A championship title; and for the first time in school history, Chris Daugherty and the Wheeling Park Patriots on the Class AAA championship. Now, Mr. Speaker, I am told by my astute research staff that, except for States with one Representative, this is the first time in American history that all three high school champions have come in a single year from one district. So I challenge my esteemed colleagues, Mr. Jenkins and Mr. Mooney, from the other districts of West Virginia, to match that title next year.

Mr. McKINLEY

Mr. McKINLEY. Mr. Chairman, I yield back the balance of my time.

Mr. McKINLEY. Mr. Chairman, I have an amendment at the desk.

Mr. McKINLEY. Mr. Chairman, I applaud the work of Chairman Upton and his staff in their bringing this crucial energy bill to the floor, and I want to thank them for that. Mr. Chairman, I rise in support of this amendment, which directs the Department of Energy and the Department of Commerce to conduct a study on the feasibility of establishing one or more ethane storage and distribution hubs in the United States. This study will also examine the potential benefits that an ethane storage hub would have on our Nation's energy security. The extraction of natural gas from shale gas formations has increased dramatically over the last 15 years, and ethane is the largest component of that shale gas. Most of the ethane production is used in the petrochemical sector in order to make ethylene, a major component used in the feedstock for manufacturing. Yet, while the ethane supply continues to grow, the lack of infrastructure and storage inhibits its potential for America's manufacturing economy. Establishing ethane storage and distribution hubs could bring about new markets for these stranded liquids and allow America's shale formations to achieve their full potential as critical national energy assets. A revamped storage and distribution infrastructure will make our economy less vulnerable to potential unanticipated disruptions and will reduce transportation costs. Furthermore, the results of this study and decentralization of ethane activity could encourage investment in manufacturing and the expansion of the petrochemical industry all across America. Therefore, I urge my colleagues to support this amendment for a study.