Adrian Smith

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, on roll call no. 146, I was unavoidably detained. Had I been present, I would have voted yea.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise to welcome Father Steve Thomlison, and thank him for serving as our guest chaplain today. Father Thomlison serves as chaplain for both the Nebraska Army National Guard and the Nebraska State Patrol, actually, as well as the FBI, providing support to hundreds of our servicemen and -women, first responders, law enforcement, and their families. Ordained in the Catholic Diocese of Lincoln, Father Thomlison pastors the parish of St. Stephen's Church in Exeter, Nebraska, and the mission parish of St. Wenceslaus Church in Milligan, Nebraska. He did not enter the priesthood right away, but by his mid-thirties, a restless heart and a renewed focus on prayer led him to the seminary. He was ordained a priest at age 41. It is also important to note Father Thomlison is a proud Cornhusker, having attended the University of Nebraska-Lincoln. It is my honor to welcome Father Thomlison to the United States House of Representatives.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise during National Agriculture Week to recognize the tireless work of our farmers, ranchers, and producers. I am proud to represent Nebraska's Third District, the number one agriculture district in the Nation. As the world's population grows, demand for food is projected to increase by as much as 60 percent by 2050. This provides great opportunity for Nebraska agriculture. Our innovative producers utilize the latest advancements in the industry, including biotechnology. When biotechnology is applied to cultivated crops, producers increase yields while using less land, less water, and fewer chemicals. Not only is this good for the environment, it also lowers the cost of food at a time when one in eight people worldwide is suffering from chronic malnutrition. Study after study has shown the safety and vast benefits of biotech crops. I am confident our farmers and ranchers can meet growing global demand, but the Federal Government must let them do their jobs. As founder and co-chairman of the Modern Agriculture Caucus, I am committed to promoting sound policies to help producers do what they do best: help feed the world.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Madam Speaker, on rollcall No. 84, I was unavoidably detained. Had I been present, I would have voted ``yea.''

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Chair, on rollcall No. 58, I was unavoidably detained. Had I been present, I would have voted ``nay.'' Personal Explanation

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I thank Mr. Gibbs and certainly the entire committee, Chairman Shuster and others, for their work on this issue. I rise today in strong support of this legislation. I certainly appreciate clean water. However, the EPA's waters of the U.S. rule, or WOTUS, is one of the largest abuses of executive power in modern history and poses a significant threat to America's economy. Under the rule, the EPA and the Army Corps of Engineers will have the power to dictate land use decisions and farming practices of agricultural producers and businessowners all across the country. To give you an idea of the scope of the overreach and to illustrate why my colleagues from urban districts should also be concerned about this rule, I want to share with you an example of EPA and the Army Corps' abuse in Douglas County, Nebraska, with a population of over 500,000, in my home State. The President also happens to be visiting this county today. In 2005, the county began the process of submitting the proper environmental permit applications needed to extend a section of road about 1 mile. The project was designated as having the lowest level of environmental impact. However, construction is not slated to begin until at least 2019. Why the delay? There is a small ditch which runs adjacent to the proposed project. Within the ditch, there is a small rut about 6 to 8 inches wide and no more than an inch deep. It has no ordinary high water mark, and there are no wetland plants growing in the ditch. However, the Corps declared this ditch a water of the United States, costing the county thousands of dollars and numerous years. This was never the intent of Congress when the Clean Water Act was passed. The act clearly limits Federal jurisdiction to navigable waters. In fact, the term ``navigable'' appears more than 80 times in the Clean Water Act. There is no way one can tell me that an inch-deep ditch is a navigable water. Congress has a responsibility to guard against these bureaucratic power grabs by executive agencies. This is why I introduced the companion bill to this legislation immediately after the rule was finalized. My resolution gained more than 70 cosponsors, with supporters from both sides of the aisle. Thanks to the expedited procedures established under the Congressional Review Act, after we vote on this legislation the bill will proceed immediately to the President's desk. My hope is the President will listen to the American people and roll back this new rule.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. I thank the gentleman for yielding. Mr. Speaker, I rise today in support of this rule and, certainly, the underlying legislation. Despite abundantly clear congressional intent to limit Federal jurisdiction under the Clean Water Act to only navigable waters, the waters of the United States rule will expand EPA's jurisdiction to nearly all areas with any hydrological connection to navigable waters. This rule relied on--and I want to quote here General Peabody of the Army Corps of Engineers--``inappropriate assumptions with no connection to the data provided, misapplied data, analytical deficiencies, and logical inconsistencies.'' In fact, the Army Corps, the joint author of the rule, was so concerned about the EPA's methods, they wanted their name and logo removed from EPA documents. Furthermore, it has now come to light that the EPA broke Federal law by engaging in a propaganda campaign to carry out this agenda behind their rule. Congress has a responsibility to guard against these bureaucratic power grabs by executive agencies. This is why I introduced the companion bill to the underlying legislation immediately after the rule was finalized. The resolution has gained more than 70 cosponsors, with supporters from both sides of the aisle. Thanks to the expedited procedures established under the Congressional Review Act, when we vote on this legislation tomorrow, the bill will proceed directly to the President's desk. Tomorrow's vote will also mark the second time legislation has passed out of the House of Representatives to repeal the waters of the U.S. rule with bipartisan support. My hope is the President will listen to the American people, listen to their concerns, local officials, small-business men and women, and begin pursuing policies which expand economic opportunity, and not stifle innovation with one regulation after another.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. I appreciate this opportunity to certainly stand in support of our Second Amendment. This is an issue that has obviously been around for some time. With the recent very violent events that have stricken various communities around our country, I think that the way the President has chosen to respond is ineffective. I think it is inappropriate, certainly an overreach by the President himself. I believe that, as the President has chosen to operate without going to Congress or even attempting to work with Congress on many issues, but especially this one, it is disappointing. We already have laws on the books that need enforcing. Those laws that we have I think can be effective. Certainly, I don't think anyone will say that someone can just automatically go buy a gun without any effort whatsoever. But, disappointingly, none of the President's recent unilateral actions targeting law-abiding citizens and restricting gun ownership would have prevented the tragedies that the President himself has referenced. I would like to highlight one area of the executive order which falls under the jurisdiction of the committee on which I serve, the Ways and Means Committee, which is the President's proposal to have Social Security beneficiaries with representative payees included in the National Instant Criminal Background Check System. Now, let me say that the mismanagement of one's finances alone should not mean that an individual would lose their Second Amendment rights. I am concerned not only that this targets law-abiding citizens, but that it would also discourage some beneficiaries from seeking needed assistance for fear of losing their constitutional rights. Many similar views have been shared here earlier this evening. Also, when the Los Angeles Times first reported consideration of the representative payee issue last summer, I joined the majority of the Ways and Means Committee members in writing to the President opposing this proposal. Despite the administration's unwillingness so far to change its stance on representative payees, I remain hopeful we can scale back these orders. Early last year, when the Bureau of Alcohol, Tobacco, Firearms and Explosives proposed banning M855 ammunition, I was one of the 238 House Members who wrote the former ATF Director opposing the proposal, as did more than 80,000 Americans. Now, in response to massive public and congressional opposition, the ATF actually withdrew the proposal. President Obama has repeatedly disregarded our legislative branch and the American people. The President's job is to respect all constitutional rights, not just the ones he chooses. His executive order sets an incredibly dangerous precedent. I will continue to stand against this overreach and protect Nebraskans' and, quite frankly, all Americans' constitutional right to bear arms. I thank the gentleman from Indiana for yielding me the time.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I thank the chairman for his efforts on better tax policy. The U.S. Congress owes the American people better tax policy than we currently have. We currently have so many temporary provisions that so many Americans are wondering and trying to predict what the tax policy will be by the end of the year. That is not what we should be about. We should be about establishing permanent tax policy whenever we can. I appreciate the bipartisan interest in today's bill because I know a lot of work has gone into this. I know that constituents in Nebraska's Third District can appreciate what permanent tax policy can deliver, especially as it sets us on a trajectory to comprehensive tax reform. We hear from both sides that we need comprehensive tax reform. I agree. This is a great way to move the ball down the field. We can end up with better tax policy today as a result of this legislation. I urge my colleagues to adopt this legislation.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I stand in strong support of the Trade Facilitation and Trade Enforcement Act of 2015. This legislation will update and streamline our country's Customs and Border policies to facilitate trade and enhance U.S. competitiveness. Included in the bill are a number of additional, commonsense provisions. For example, the bill fixes a technical error which inadvertently increased the tariff rates on outerwear. Not only is this fix important to producers, retailers, and consumers, but it also brings the U.S. back into compliance with our commitments under the General Agreement on Tariffs and Trade. While I am disappointed we couldn't find a path forward on the Miscellaneous Tariff Bill process, I am pleased the bill contains language in support of continued work on this issue. The conference report also takes important steps to strengthen Trade Promotion Authority. TPA is necessary to ensure that the U.S. gets the best possible deal in trade negotiations as we move forward, and these agreements should leverage our country's comparative advantages in all industries, certainly including energy. For this reason, I was happy to see the inclusion of language to prevent the administration from using trade agreements to negotiate very costly greenhouse gas emission rules in the United States. I also want to make sure Nebraska producers can make the most of the opportunities provided by a level playing field in order to increase exports. I urge my colleagues to support this important legislation.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise today to honor the fifth annual National Rural Health Day. The third Thursday in November is set aside each year by the National Organization of State Offices of Rural Health to recognize the unique healthcare needs of and challenges facing rural Americans and their communities. These challenges include fewer healthcare providers and longer travel distances. The hospitals serving rural communities continue to be burdened by arbitrary regulations such as physician supervision regulations as well as the 96-hour certification rules which we certainly need to address. Mr. Speaker, this year, rural consumers in 12 States also face the challenge of finding a new insurance plan because the so-called Consumer Oriented and Operated Plan, or CO-OP, created by ObamaCare, from which they purchase coverage, has failed. This includes 120,000 Nebraskans and Iowans who bought coverage through CoOportunity Health. Mr. Speaker, consumers and taxpayers deserve to know what went wrong with the CO-OPs and whether the $2.4 billion in Federal loans to this failing program will be repaid. I will continue to fight for these answers.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise today in strong opposition to lifting economic sanctions on Iran. Throughout August, I spoke with many Nebraskans all across my district at public meetings. In addition to their frustration over the reach of the Federal Government, the most common concern they shared with me involved the Iran deal. The ramifications of this agreement will impact not only our country's future, but also, I believe, the stability of the world. I am opposed to this deal and believe Congress must reject it and allow U.S. negotiators to go back to the table. Permanently lifting economic sanctions on Iran, as this deal does, would allow global financial resources to flow into a country still included on our list of state sponsors of terrorism. Not only does this deal end long-held sanctions, it also lifts arms embargoes, as we have heard. The conventional weapons embargo ends in 5 years under this agreement, and the ballistic missile ban is lifted in 8 years. We should be mindful of our closest ally in the region, Israel, whose leaders continue to gravely warn us of the dangers of trusting the Iranian regime. The President has said our options are either accepting this deal or going to war. I think that rhetoric is irresponsible. Economic sanctions have served as one of the most effective peaceful methods of suppressing the Iranian regime. When our national security is on the line, reaching no deal is certainly better than advancing a bad deal. Congress must stop this bad deal and pursue a stronger agreement which enforces greater accountability measures on Iran and prioritizes the safety of our country and our allies.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise to honor Arlene Ritter of Johnson, Nebraska, who is celebrating her 105th birthday today, July 22nd. Arlene was born to Elmer Claude and Ella May Demarest in 1910. She had two brothers, Frank and Harry, and graduated from Talmage High School in Talmage, Nebraska. In December 1932, Arlene married Herbert M.J. Ritter and proudly added farm wife to her list of talents as an artist, seamstress, and cook. Arlene and her husband raised four daughters. Herbert passed away in 1966, but Arlene continued to live independently on the farm until late last year. She has remained active in her church, school, and community, even serving as the brainchild for the founding of the Brock Bugle local newspaper. Over the course of 105 years, Arlene has experienced countless remarkable events in Nebraska and our country. As highlights of her life, she lists being honored at a Husker football game and, more importantly, her faith in Jesus Christ. She also enjoys spending time with her 11 grandchildren, 14 great-grandchildren, and seven great- great-grandchildren. On behalf of the people of Nebraska's Third District, I congratulate Arlene on her 105th birthday and wish her many more healthy and happy years.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise today to express concern about continued acquisition of private lands by the Federal Government. The Federal Government currently owns about 30 percent of the land in our country but is unable to properly maintain this land, as evidenced by the Park Service's staggering $11.5 billion backlog of maintenance projects, yet the Federal Government continues to spend limited taxpayer dollars and resources on more land. For example, many of my constituents are facing a push by the government to take over historically private land. A June 30 New York Times article, entitled, ``Let's Fix Our Parks, Not Add More,'' further illustrates the scope of this problem, criticizing the administration's decision to add seven new parks to the system. I urge my colleagues to oppose future land purchases and instead focus the Interior Department's attention on properly maintaining existing Federal lands to ensure access for generations to come.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise today to congratulate Curt Frye of Wayne, Nebraska, on his recent retirement after 30 years of service to the students and faculty at Wayne State College. Mr. Frye taught for 18 years in Nebraska public schools before becoming Associate Dean of Students at Wayne State in 1985. In the years following, he served in numerous roles including Dean of Students, Vice President of Student Affairs, and Interim President before being named President in 2011. Having served at the college longer than any of his predecessors, Mr. Frye is known for his dedication to seeing Wayne State students succeed. I had the opportunity earlier this year to visit the College Center in South Sioux City, a unique partnership established under Mr. Frye's leadership to provide a high-quality, affordable education to more students in the region. Despite his retirement, Mr. Frye's vision and tireless work for the college he loves will continue to benefit Wayne State students for years to come. On behalf of the people of Nebraska's Third District, I thank Mr. Frye for his decades of service to Nebraska education and congratulate him and his wife Dianne on the start of this new chapter in their lives.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise today to congratulate Penny Businga of Gering, Nebraska, on her retirement this month and to honor her 29 years of dedicated service at Educational Service Unit #13 in Scottsbluff. Before becoming a trailblazer for professional development, Ms. Businga taught in western Nebraska public schools. She then decided to take her classroom expertise to the next level to assist other educators across the Nebraska Panhandle and beyond. Ms. Businga devoted her career to ensuring Nebraska teachers have the innovative training and support they need to instill a love of learning in their students. When I worked for her, I personally witnessed Ms. Businga's hard work and dedication to ensuring educational opportunity for young people. On behalf of the people of Nebraska's Third District, I thank Ms. Businga for her impact on Nebraska education and congratulate her on the start of this new chapter in her life.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise today in support of the Trade Act of 2015. We have the opportunity to remove major trade barriers which make it harder to sell U.S. products to consumers in other countries. To grow our economy, we must expand our access to the 96 percent of consumers outside the United States. Nebraska's producers--farmers, ranchers, and others--want to serve new markets, and this bill is an important step forward. A number of concerns have been raised, and I want to clarify a couple of points. Many Nebraskans are concerned about the President's actions on a number of issues. To address these concerns, we need to actually pass this bill and establish more than 150 congressional parameters that the President will be required to follow as trade negotiations take place. Some might be concerned that no one is allowed to read proposed trade agreements. We must pass this bill, actually, to ensure that every Member of this body has full access to negotiating text and any final agreement is publicly posted online for 60 days before the President can sign it. This bill also ensures we have an up-or-down vote on any trade agreement and contains new provisions allowing us to block agreements if the executive branch does not follow our rules. This bill is important; it is an important step for opportunity and growth, and I ask for a ``yea'' vote.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. I thank the Chairman for yielding and for working to bring these issues to the floor. This bill includes a number of critical reauthorizations, including AGOA, the Generalized System of Preferences, and trade with Haiti. It is an important first step as we address trade today and tomorrow. I also want to thank the chairman for working with me and a number of other Members to ensure the inclusion of provisions in this bill to modernize the treatment of travel goods, performance outerwear, and footwear. The GSP UPDATE Act, included in this bill, would allow the International Trade Commission to consider whether travel goods such as suitcases and backpacks are import sensitive. If, and only if, the ITC determines they are not, they would become eligible for duty-free treatment under the Generalized System of Preferences. Such a determination would be constructive for us, as well as our trade partners. This would mean increasing stability and economic growth in the developing world. It would also mean greater opportunities for retailers and consumers here in our country as we expand the availability of products. Again, I thank the chairman for this provision's inclusion, and I urge passage.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Chair, on June 4, 2015 I inadvertently voted ``yea'' on rollcall No. 301. I would like to state that I intended to vote ``no.'' Amendment Offered by Mr. Garrett

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. I thank my colleague from Utah for yielding. Under Federal reclamation law, irrigation districts which receive water from a Bureau of Reclamation facility typically repay their portion of the capital costs of water projects under long-term contracts. Under its current contract and current law, Northport is exempt from annual capital repayment if this carriage fee exceeds $8,000 per year. Given that the carriage fee has greatly exceeded this amount every year since the 1950s, Northport's capital repayment debt has been stagnant at over $923,000 since 1952. So long as the debt endures, landowners are subject to burdensome reporting requirements and acreage limitations, and no leverage is generated for the Federal Government. I introduced this bill to provide members of the Northport Irrigation District early repayment authority under their dated reclamation contract. Allowing producers within the Northport Irrigation District to pay off their portion of the contract means the government will receive funds otherwise uncollected, and landowners will be relieved of costly constraints which threaten family-owned operations. For example, at a Water, Power, and Oceans Subcommittee hearing last year, one member of the Northport district testified that acreage limitations will prohibit parents who own land in the district from passing down or even selling farmland to sons and daughters who also own land in the same district. As the chairman mentioned, similar legislation has passed under bipartisan majorities and, according to the CBO, could generate as much as $440,000 in Federal revenue. This is a very simple bill which would make a big difference to some family farmers in western Nebraska.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise today in remembrance of Third District constituent Captain Dustin Lukasiewicz of Alma, Nebraska. He and five fellow marines were killed in a helicopter crash last week while providing humanitarian aid to earthquake victims in Nepal. Captain Lukasiewicz made the ultimate sacrifice while trying to assist victims no one else could reach. His service reflects the goodness of America, accepting the call to help those who need it most. When I spoke with the captain's mother yesterday, she told me how her son called to wish her a happy Mother's Day just days before the crash. His attention to loved ones is a reflection of his life of service and devoting himself to the care of others. Mr. Speaker, please join me in praying for the captain's mother, father, wife, daughter, unborn child, and all others who lost loved ones in this terrible tragedy. As Memorial Day approaches, we must make it our priority to honor and remember our military heroes, and Captain Lukasiewicz is certainly one of our heroes.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Captain Dustin Ryan Lukasiewicz, Alma, Nebraska, Nebraska's Third Congressional District.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise today to congratulate Donald McPherson of Adams, Nebraska, on receiving the Congressional Gold Medal for his valiant service to our nation as an American Fighter Ace in World War II. Mr. McPherson is one of two surviving fighter aces in Nebraska. These brave pilots earned the title of fighter aces after shooting down five enemies in battle. Mr. McPherson earned three Distinguished Flying Crosses and four Air Medals while assigned to fighter squadron VF-83 aboard the U.S.S. Essex in the Pacific. In his F6F Hellcat, Mr. McPherson directly faced our enemies in the skies to defend our country and preserve our liberty. As Memorial Day approaches, we remember our fallen and honor those still with us who served beside them. The legacies of our selfless military heroes, including Mr. McPherson, must be celebrated and protected for future generations to understand the true cost of freedom. On behalf of the people of Nebraska's Third District, I thank Mr. McPherson for his service to our country and congratulate him on his Congressional Gold Medal recognition this week.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I rise today in support of H.R. 1732, the Regulatory Integrity Protection Act, and applaud its passage by the House of Representatives. This bill prohibits the EPA from using its Waters of the U.S. rule to expand its authority beyond, way beyond, congressional intent. Waters of the U.S. is yet another executive overreach by this administration. The Clean Water Act intentionally limited the EPA's jurisdiction to navigable waters, yet Waters of the U.S. would expand Federal jurisdiction to include virtually all water flows--from ditches to prairie potholes--even on private land. Nebraskans are concerned Waters of the U.S. could severely harm our ag economy by increasing costs and uncertainty for producers. America's farmers and ranchers are already great stewards of the land and take numerous steps to protect our natural resources. By blocking the Waters of the U.S. rule, H.R. 1732 stops the administration's latest power grab and supports ag producers across the country.

Mr. SMITH of Nebraska

Mr. SMITH of Nebraska. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on H.R. 1105, the Death Tax Repeal Act of 2015.