Nick Rahall

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, this month marks the 50th Anniversary of West Virginia's Cass Scenic Railroad State Park. Anyone who has ridden the eleven miles of rail in this unique concept for a park in my home State can attest to its instant attraction and appeal on so many fronts. Bundled in those few short miles are a multifaceted story of industrial might and hardworking souls that combined to make a significant contribution to the Nation's logging and lumber history. Rail enthusiasts will enjoy historical steam powered locomotives, a switchback track system to assist the trains in conquering steep elevations, and the remaining vestiges of past equipment used along the rail. Everyone will enjoy the scenic bliss and wonder of the natural beauty in which this relatively small short line, but prospering railroad is nestled in Pocahontas County. What began with lots of hope, but little publicity, drew an extraordinary maiden seasonal crowd of 23,000 interested visitors fifty years ago to this majestic mountain and manmade wonder. Set in the midst of the State of West Virginia's Centennial year of celebration, skepticism surrounded future success. However, since those early days, Cass has not only endured, it has prevailed as a magnet for the region's economy. Many heads, hands and hearts have been instrumental in the growth Cass has enjoyed over the last five decades. First and foremost, there is a small contingent of dedicated and experienced Cass employees who deserve several trainloads of thanks for keeping the trains moving up and down the mountain. They are a talented bunch. Faced with broken or worn out train parts, parts not stocked nor even manufactured in decades, they set about the task at hand. Applying their honed skills and sheer ingenuity, without benefit of blueprints or plans, for 50 years day in and day out, they have kept history alive. Perhaps no more enthusiastic group of individuals has devoted greater labors of love than the members of the Mountain State Railroad & Logging Historical Association. From sizeable restoration projects to tender loving care of collective memories of life in yesteryear, these essential partners are key to Cass's lifeblood. Operating Railfan Weekend each spring, the crew draws from the deep roots that extend from its debut weekend in 1965, but with every new year, they offer visitors something new and unique to reward their trek. And, certainly, they play a more than significant role in keeping the ever evolving horizon of West Virginia's most unique state park on track. Mr. Speaker, I offer hearty congratulations to all those who have and are taking part in a fifty year journey that continues to gather steam and glory to celebrate an important chapter in our country's past. May the lessons preserved from our past continue to help guide our next half century. And may the chorus of Cass's steam whistles always sound a welcoming note for the Nation to pay Cass Scenic Railroad a visit.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, for this West Virginian, the next stroke of midnight will be a bittersweet minute. The torch of longest Congressional service will be passed between two giants of the Congress, Robert C. Byrd and John Dingell. It will be a bittersweet moment for me because the breaking of even one of the many legislative records Senator Byrd set by serving West Virginians pulls at our State's heartstrings. And I hesitate in even mentioning that, come tomorrow morning, Senator Byrd's record of the longest Senate tenure in history will still be intact, not because I fear my dearest friend would switch legislative bodies and pursue with gusto that momentous record. No, Mr. Speaker, I am hesitant because this body cannot afford to lose John Dingell to such an effort. On the sweeter side of the moment, Mr. Speaker, I believe the history of our future will reveal there are few other than John Dingell, who could so ably and humbly bear such a significant mantle as the longest serving member in Congressional history. Since I come from a State that understands tenure is no vice; let me clear up any misunderstandings about this milestone. The real record we are celebrating today, the real measure of the man, is not about any length of service. Today is a celebration of John Dingell's depth of service. Here in the People's House, in the glare of the most strict term limits I have ever heard anyone propose, Members either deliver for their people every two years or the people deliver Members back to their homes. That John Dingell will have served longer than any other Member is a true testament to his service to the people of Michigan, a badge of respect he has earned in this House, and a lesson for all who will listen today. Looking at the two of us, the gentleman from Michigan and me, at first blush the casual observer might think Big John and I cannot see eye to eye on much at all. John Dingell always looks deeper, into the smallest of details. The fact is the two of us have enjoyed over three and a half decades of working together on a number of fronts. As the youngest member of the 95th Congress, I was outranked by John Dingell in more ways than one when I came to Congress. But not once in all our years of serving in this body, has he shown me any less courtesy, less attention, or less respect than he would to those with far more seniority than I. Call it statesmanship, shrewd politics, or simply sheer human decency; it is darn effective, when someone of John Dingell's stature listens to you. Members of Congress cannot serve, produce, and deliver for their Districts and States without listening. That includes back home as well as here in the halls and cubby holes of the Congress. Listening is the first chapter in the book of Congressional comity. In an institution designed to reach consensus through the art of compromise, the entire Congress can take a page from Representative John Dingell's playbook. The Congress and the entire country would most certainly be well-served. Godspeed to John Dingell and his dear wife, Debbie.

Mr. RAHALL

Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume. Last Congress, I voted for every piece of pro-Keystone pipeline legislation that was brought before this body--every piece of pro- Keystone pipeline legislation. But something has happened along the way between then and now. That something is called a hijacking of this bill by the right wing. I support the Keystone pipeline project. I believe it will be an important element in our domestic energy infrastructure. Last Congress, I was pleased to support and vote for Keystone legislation that was considered and passed by the House, including H.R. 1938. However, I am opposed to the pending measure primarily due to section 3 of the bill. The bill we are considering today is vastly different from H.R. 1938. That was reasonable, responsible legislation. H.R. 3 is absolutely not. Instead of taking the straightforward approach that H.R. 1938 did, which set a specific deadline for the President to grant or deny a permit for the Keystone pipeline, the pending measure completely eliminates the requirement for a permit. It waives a permit, and it deems a permit application by a foreign company for a major undertaking in the United States to be approved. As I said, I want to see this pipeline built, but it will not be built under this proposal. Waiving permits? Deeming permit applications approved? For a foreign company? We don't even do that for our domestic companies. Everybody in this country understands that you need a permit for certain activities. You need a permit to drive. You need a permit to mine coal. You need a permit to build a highway. You need a permit to construct a shopping mall. You even need a permit, a license, to get married. So what right do the promoters of this bill have to jeopardize this pipeline with such a frivolous proposal? That is exactly what we're doing with this legislation. Make no mistake about it, this is a bumper sticker bill, ideology driven, born of fancy, not fact. Jobs hang in the balance here, an important supply of energy held hostage. This bill is a mockery. It boils down to this: right-wing politics trumping what is right, what is correct, and what is just for this pipeline to proceed through the permitting process--to be built, to put people to work. So let's get serious. Let's dispense with the kindergarten tactics. Too much is on the line here. While the promoters of this bill play politics, I can assure them that this is no laughing matter in the heartland of America. It is my hope that this bill can be approved during House consideration today and that I will be able to support it by the time we reach final passage. Otherwise, I will vote ``no'' in recognition of what this bill is as currently drafted. I reserve the balance of my time.

Mr. RAHALL. Mr. Chairman, I yield 2 minutes to the ranking member on our Transportation Freight panel, the gentleman from New York (Mr. Nadler).

Mr. RAHALL. Mr. Chairman, I yield 2 minutes to a valued member of our committee, the gentleman from Minnesota (Mr. Walz).

Mr. RAHALL. Mr. Chairman, may I have a time check.

Mr. RAHALL. I yield 1\1/2\ minutes to the gentlelady from New York (Mrs. Maloney).

Mr. RAHALL. I reserve the balance of my time.

Mr. RAHALL. Mr. Chairman, I'm pleased to yield 2 minutes to the gentleman from Texas (Mr. Gene Green), who, like me, is a supporter of the Keystone pipeline.

Mr. RAHALL. Mr. Chairman, I reserve the balance of my time.

Mr. RAHALL. Mr. Chairman, I'm prepared to close, although I do have a couple of Members lurking in the hallway here somewhere threatening to come to speak. So maybe I'll slowly close unless the gentleman from California wants to use his time.

Mr. RAHALL. Mr. Chairman, I yield myself such time as I may consume. We've had a short debate here, and I'm sure it will continue during the amendment process. My concerns are as I stated in my opening comments. The fact that we are deeming a foreign company the outright right, giving them a permit, without any further requirements or actions needed, is of deep concern to me. As I said, I have many coal companies that mine in a responsible way in West Virginia. They've gone through the responsible processes of obtaining a permit. Granted, they're having trouble in some areas. At least they know that they have to obtain a permit to mine. They're not asking to outright be deemed to have a permit without having to show how responsible they are in their operations. But in this legislation, to give a foreign company an outright application, is truly concerning to this particular Member who supports the pipeline project. We had some discussion in committee last week about what I and others view as preferential treatment for a foreign company, and some on the majority side of the aisle refused to concede that TransCanada is a foreign company or even that Canada is a foreign country. You know what? The last time I checked, you do need a passport to enter Canada. That's really beside the point, but I did want to raise it since I'm sure it will come up before this debate is concluded. The point is that this bill waives a permit for such a major undertaking. And these companies that are producing these tar sands in Canada like Exxon, Shell, Valero, CNRL, Conoco for TransCanada, I daresay that they have to obtain a permit from the Canadians to undertake such operations to build this pipeline, and now we're saying they don't have to in our country. For a foreign country, it is troubling that we would grant such a permit outright, to deem that they have met all safety and environmental requirements when we don't even do that for our own domestic companies. With that, I would urge a ``no'' vote on H.R. 3 today, unless of course during the amendment process my amendment, which is to strike section 3, were to miraculously be adopted by this body. Then, perhaps, I could support the legislation. But other than that, I urge a ``no'' vote on the legislation. So I yield back the balance of my time.

Mr. RAHALL. Mr. Chairman, I have an amendment at the desk designated as amendment No. 5 in the rule.

Mr. RAHALL. Mr. Chairman, I'm offering this amendment on behalf of myself and Peter DeFazio of Oregon. This amendment simply strikes section 3 of the bill. This is the section which states that the Keystone XL pipeline does not require a permit to cross the international border between Canada and the United States. Under this amendment, all other provisions of the bill remain intact, including those relating to judicial review, rights-of-way, and the Clean Water Act. I believe that getting into the business of waiving permits for a foreign company to do business here in the United States is not the way to facilitate the construction of this pipeline. American interests are at stake here, and to allow this extremely massive pipeline project to proceed without a permit is ludicrous. As I said in comments earlier today, we do not even do that for domestic companies here in this country. Section 3 also creates a very convoluted and confusing regime. It references a final Environmental Impact Statement issued on August 26, 2011, as satisfying NEPA for the project. Yet that EIS was done for a different permit application than the one currently pending. I repeat: that EIS was done for a different permit application than the one that's currently pending. In February 2012 TransCanada split the project into two pieces--the northern route and the southern route. The company then on May 4, 2012, reapplied for a permit for the revised route, limiting it to the northern route that is the subject of H.R. 3. Yet the pending legislation references an EIS from August 2011-- again, for an entirely different permit application. As a supporter of the Keystone pipeline, I find it difficult to see how this convoluted process set forth in section 3 would facilitate its construction. I reserve the balance of my time.

Mr. RAHALL. Mr. Chairman, I appreciate the gentleman from Nebraska's comments. I understand the EIS to which he refers was done for the State of Nebraska, but not for the current pending application. I yield the balance of my time to the cosponsor of the amendment, the gentleman from Oregon (Mr. DeFazio).

Mr. RAHALL. I yield back the balance of my time.

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

Mr. RAHALL

Mr. RAHALL. I thank the gentleman from Arizona. I rise in support of H.R. 1765. As the flight delays mounted this week due to the furlough and as many Republicans claim that the FAA had the flexibility to avoid this disruption and that politics were at play, gee, that's kind of like calling the kettle black. Just last month, in March, many of these same Members recognized the across-the-board nature of the sequester when a provision was included in the transportation bill to avoid the furlough of meat inspectors who would otherwise have been furloughed. Nothing has changed in the sequester law since last month. My good friend, Secretary of Transportation Ray LaHood, is an honorable man, and I take issue with those who have alleged that he is playing politics with the sequester. Now, to those who have expressed concern over the piecemeal approach in addressing the chilling effects of the sequester, I share your concerns. I share the concerns of others who are being burdened by the sequester, such as a child thrown out of the Head Start or seniors depending on Meals on Wheels. But let me be clear: the rash of delays that we witnessed this week as the sequester began to take effect is not just an inconvenience to business or vacation travelers; we are talking about emergency medical services that transport patients with time-sensitive medical emergencies. Mr. Speaker, I rise in support of H.R. 1765, which I view as an emergency measure to address the effect of the sequester on the integrity of our aviation transportation system. As the flight delays mounted this week due to the furlough of about 1,500 air traffic controllers a day--40% of the workforce--many Republicans claimed that the FAA had the flexibility to avoid this disruption and that politics were at play. That is like calling the kettle black. Just last month, in March, many of these same Members recognized the across-the-board nature of the sequester when a provision was included in the appropriations bill to avoid the furlough of meat inspectors who would otherwise have been furloughed. Nothing has changed in the sequester law since last month. My good friend, the Secretary of Transportation, Ray LaHood, is an honorable man. I take issue with those who have alleged that he is playing politics with the sequester. Neither he nor the Administrator of the FAA are guilty of nothing more, and nothing less, the hand that Congress forced on them. Now, to those on my side of the aisle, who have expressed concerns over a piecemeal approach to addressing the chilling effects of the sequester, I share your concerns. I share your concerns for others who are being burdened by the sequester, such as the child thrown out of Head Start or seniors depending on Wheels on Meals. But let me be clear. The rash of flight delays we have witnessed this week as the sequester began to take effect is not just an inconvenience to business or vacation travelers. There is an even more serious concern here, and while it is one that has not manifested yet, if the present situation continues unabated it could potentially have lethal results. Aircraft provide emergency medical services that transport patients with time-sensitive medical emergencies, organs, blood products and pediatric patients. Time-sensitive drugs and emergency aid cannot afford to be delayed because of the air traffic control system. These medical air services need to be able to operate without delay 24 hours a day and 385 days a year. I urge support of the pending measure.

Mr. RAHALL

Mr. RAHALL. Thank you, Mr. Barr. I appreciate very much your giving this Special Order for a discussion of America's most plentiful, most economic, efficient domestic energy resource we have, that being coal. I also come from the great State of West Virginia, a State that is proud of its heritage of mining coal--proud of its coal miners, number one, those individuals who go beneath the bowels of the Earth to extract the energy that has fueled the industrial revolution in this country. They are brave, courageous individuals. Every one of us is concerned every day about their safety, number one, their health, and their retirement benefits for themselves and their families. Yes, coal is a valuable natural resource, but our number one natural resource is the coal miner, himself or herself. So we thank them for what they do. They are courageous individuals. My district is both surface and deep mined. We can do both in a very environmentally sane manner, a manner which produces jobs for our people, produces energy for our country, and at the same time does restore our environment and make it a beautiful place in which to work. That's why we in West Virginia pride ourselves on our clean environment, our productive workforce, and our high worker morale because we can do all-of-the-above at the same time. And we are for all-of-the-above as far as our energy resources as long as all-of-the-above means our domestic production of resources for energy in this country. Coal literally keeps the lights on. Many a county commission in my district, during the downturns in the coal market, has had to lay off law enforcement personnel, has had to really trim the lighting of their public streets when coal resources are down, when revenues and our coal severance taxes are down to our local county units of government. So coal is important. It has been, it is, and it always will be a mainstay of our economy in West Virginia. Our quality of life--indeed, the quality of life in America--and our economic vitality have long been fueled by coal, and it's something that the American people cannot turn their backs on. Yet too many, I'm afraid, fail to recognize the contributions that coal has made to our past, and certainly they underestimate the role that coal can and should play in our future. Through decades of investment, coal has changed for the better. It is not our grandfathers' coal. It is a cleaner, more efficient fuel than ever before. And with the right kind of investments and know-how and the technologies that are coming online--some of which have already been talked about this afternoon--its use continues to improve and modernize. Our Nation must embrace an energy strategy that encompasses a broad range of fuel choices, including domestic coal, if we are ever to have any hope of completely freeing ourselves from our overdependence on foreign fuels. This means that this Nation must acknowledge the simple fact that coal has been and for the foreseeable future it must be part of a comprehensive national energy strategy that will enable us to grow our economy, remain strong militarily, and help to influence environmental and economic challenges around the globe. So coal is a critical element for ensuring affordable, abundant, and reliable energy that fuels the opportunities and the way of life that we cherish here in the United States of America. So as a Representative of coal mining communities and generations of coal mining families, I will continue the good fight in the Congress for the future of coal and for the health and safety of America's coal miners. And as the gentleman from Kentucky has said, it is a bipartisan issue. I wish there were more from my side of the aisle here this evening, but perhaps they will submit comments for the Record. I do hope that many more of my colleagues that may not be with us on the floor this evening will come forth and express their support for coal as a valuable domestic source of energy. I thank the gentleman for yielding.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, each April just a few blocks from the Nation's Capitol Building, we witness in full bloom 10,000 daffodils, amidst well manicured lawns, signaling the advent of the season of renewal and hope. This peaceful setting surrounds two blue-gray curved marble walls that help form our Nation's lasting tribute and memorial to law enforcement officers who have paid the ultimate sacrifice in the line of duty. Every 57 hours in this Country, a law enforcement officer lays down their life, so that the rest of us can enjoy lives enriched by the very safety and security our officers provide. Last week, West Virginians lost a true titan in the battle for law and order. Mingo County Sheriff Eugene Crum had just left his friend and compatriot, Judge Michael Thornsbury, with the parting words, ``I'm going to fight the good fight,'' so he could spend his lunch hour in his vehicle, keeping an eye on a former illegal pill mill. Moments later, the Sheriff would be slain. While the cause of the heinous murder remains under intense investigation its effect is well known. Dave Rockel, Sheriff Crum's friend and teammate as the Commander of Mingo County's Drug Task Force said the murder has ``awakened a sleeping giant.'' Commander Rockel pointed out ``Operation Zero Tolerance'' has taken on a new significance to continue the Sheriffs legacy of waging a successful war against the scourge of prescription drug abuse. As Judge Thornsbury calculated, the Sheriff had already achieved 57 felony convictions within 93 days of being sworn into office. Make no mistake, Eugene Crum may have been a new Sheriff, but he was a three-decade-old seasoned veteran of law enforcement, having served as a police lieutenant, chief of police, magistrate and chief magistrate. Since the Sheriffs passing, many tributes have been offered by friends, officeholders and multiple newspaper editorials have been written to honor Sheriff Crum, his achievements, his compassion, his humility, his selflessness, and his fervent dedication and devotion to duty. And, what honor and comfort it must be to his widow, Rosie, his children, Julie and Bub, and his entire family to know that, as Judge Thornsbury relayed, Eugene was often times able to personally enjoy one of the highest compliments anyone can be paid. For when many of those he had previously arrested would see Eugene on the street, they would stop to thank him for saving their lives. I ask my colleagues, here in the people's House, ``What truer measure of a man is there?'' To such a man, this Nation remains deeply indebted and eternally grateful. On the National Memorial honoring the fallen, one of its four inscriptions reads, ``In valor, there is hope.'' Eugene Crum's valor was as significant as that of the bravest soldier on the most tumultuous of battlefields. For Eugene, the field of battle was in the hills and hollows of home, on the front porches and through the backyards of neighbors, on the streets of Mingo County's downtowns and on their corners during the darkest hours of night. His battle endured without end until justice had ultimately prevailed. Indeed the legacy of Eugene Crum will live on each time justice is served and tempered with mercy to give new hope to those who have wronged their families and their communities. Eugene Crum's hope for a more civil world, born of his life of valor, is the badge of honor Sheriff Rosie Crum now wears, as do his comrades in law enforcement throughout our Nation. As it was strongly and passionately relayed at his memorial this past weekend by Mingo County Commission President John Mark Hubbard, shame on anyone who will not make sure that the change Sheriff Crum laid his life down for does not continue. Mr. Speaker, the obligation of the Congress to aid our law enforcement officers is clear. As American citizens, let us pray for their safe keeping, and that their resolve--this Nation's resolve--will be strengthened by the indelible mark left by Eugene Crum to serve and protect the people he loved.

Mr. RAHALL

Mr. RAHALL. Mr. Speaker, I rise today to honor the work of a local newspaper in the heart of the coalfields of southern West Virginia. This year, the Logan Banner celebrates 125 years of excellence in journalism and service to the greater Logan County area and beyond. For a century and a quarter, the Logan Banner has made banner headlines out of local and regional news stories that inform its readers on matters most important to them, what is happening in their own backyards. In a world awash in news and information services, there is still no substitute for homegrown news coverage on the important events and happenings that only a local community paper can provide. From the city crime report to the latest little league scores, the Banner is the face of the community. Through thick and thin, the Banner has operated as a reliable news source for Southern West Virginia's coal counties, and today, through subscription and on-line edition, the newspaper knows no geographic bounds around the globe. Our Founders were quick to add in the first amendment to our Constitution, declaring Congress shall make no law to abridge the freedom of the press. Our Republic has been buoyed over the centuries by dedicated journalists doing a yeoman's task of reporting the news of the day regardless of whose ox is being gored. As a recent Banner editorial proclaimed, within its pages, the reader gets the good, the bad, and the ugly of insightful news impacting their lives. Every member of the Logan Banner's team can take due pride in knowing that with every edition of the Banner they publish, they strengthen the bulwark of our Republic, a more informed citizen. Mr. Speaker, fellow colleagues, in recognition of its lasting contribution to our Nation, please join me in wishing Godspeed to the Logan Banner in its next 125 years of publishing.

Mr. RAHALL

Mr. RAHALL. I yield the gentlelady an additional minute.

Mr. RAHALL. I yield 5 minutes to the gentleman from Virginia (Mr. Scott).

Mr. RAHALL. Madam Speaker, I yield 2 minutes to the gentlewoman from Texas (Ms. Jackson Lee).

Mr. RAHALL. Madam Speaker, I'm very honored to yield 3 minutes to a cosponsor of the pending legislation, the gentlelady from New York (Ms. Meng).