Fred Upton

Mr. UPTON

Mr. UPTON. Mr. Speaker, pursuant to House Resolution 725, I call up the bill (H.R. 772) to amend the Federal Food, Drug, and Cosmetic Act to improve and clarify certain disclosure requirements for restaurants and similar retail food establishments, and to amend the authority to bring proceedings under section 403A, and ask for its immediate consideration in the House.

Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and insert extraneous material on H.R. 772.

Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this bill, H.R. 772, is a bipartisan piece of legislation introduced by Representatives Cathy McMorris Rodgers and Tony Cardenas to amend the Food and Drug Administration's menu labeling rule that was issued in November of 2014. The goal of the bill was to make implementation of the nutrition disclosure law useful for consumers and workable for food service establishments. The existing regulatory framework, which has not yet been implemented, is not only cumbersome for the food industry, but it also impedes businesses' ability to provide meaningful information that customers can use to make nutrition decisions. The Common Sense Nutrition Disclosure Act is critical to avoid harming consumers' choices, jobs, and, certainly, small businesses. This bill was drafted to address the challenges of an overly prescriptive, one-size-fits-all approach to regulation affecting a very, very diverse industry. We need to ensure that the law works for all food establishments: convenience stores, supermarkets, grocery stores, pizza shops. All have enormous challenges complying with the regulations as written. This bill is going to provide those entities with the flexibility and, frankly, the certainty that they need to comply without compromising consumers' access to nutrition information. The Common Sense Nutrition Disclosure Act will establish a more reasonable standard for Federal regulations and allow nutritional information to be provided by a remote access menu for establishments where the majority of orders, in fact, are placed off premises. Consumers should have this information when they are placing an order. A menu board may work for some businesses where customers order at the counter where they also pay, but for an establishment where most people now order online or from a phone, having the calorie information when they pick up their order won't be very helpful to that consumer. This legislation also takes steps to preserve local foods and fresh items that might be sold at just a few locations. To do so, the bill clarifies that menu labeling regulations are intended for standard menu items, defined as those items with substantially the same recipe prepared in substantially the same way with substantially the same food components that are routinely included on a menu or menu board or are routinely offered as a self-service food or food on display at 20 or more locations. This bill also eliminates draconian penalties that are required in current law by removing criminal felony penalties for store managers and allowing restaurants and retailers to take corrective actions. This shields small-business owners and their employees from frivolous lawsuits based on inadvertent human error. No one ought to be criminalized for putting too many pickles on a sandwich or maybe not enough olives. This bill further clarifies that establishments will have 90 days to correct a violation before FDA brings enforcement action. The food retail sector employs--let's face it--millions of Americans and provides access to affordable, healthy options. The Federal Government shouldn't impose arbitrary regulations that are going to cause unnecessary harm to businesses and consumers. The businesses impacted by this bill widely support providing consumers with nutritional information to better inform their food decisions, but they want to do it in a practical and a commonsense way. This legislation provides clear guidance to small-business owners, ensuring compliance and, at the same time, delivering critical information. Mr. Speaker, I want to thank my Energy and Commerce Committee colleagues for their work on both sides of the aisle. I urge its passage today, and I reserve the balance of my time.

Mr. UPTON. Mr. Speaker, I know that I have other speakers, so I am going to stall a little bit for time here. I am told that some of them may be at Jimmy John's trying to get through that menu wondering if they should have olives or pickles or Dijon mustard or mayonnaise, but they are on their way. I want to say we all want consumer information--we do--but we ought to be able to agree that food service establishments shouldn't face Federal criminal penalties for inadvertent failures to comply with the FDA's framework. Under the Food, Drug, and Cosmetic Act, food labeling has to be truthful and non-misleading. Food labeling that doesn't meet FDA's standard for truthful and non-misleading is deemed misbranded. Under U.S. Code, introducing misbranded food into commerce is, in fact, a prohibited act, and the liable party shall be imprisoned for up to a year, fined not more than $1,000, or both. Food to which these menu labeling requirements apply is deemed misbranded if the FDA's rule requirement is not met, so it is not necessary that the person intentionally misleads customers. Under FDA's framework, merely adding that extra olive or pepperoni is going to render the calorie content on the menu misleading and the chef then becomes criminal. Come on. People say that the FDA won't put people in jail over this, so I don't think there ought to be an issue codifying that in statute. The Common Sense Nutrition Disclosure Act will give folks an opportunity to correct inadvertent mistakes so long as they were acting in good faith, and they are going to make standards far more reasonable. Mr. Speaker, I yield 2 minutes to the gentleman from the great State of Michigan (Mr. Walberg), who is a member of the committee.

Mr. UPTON. Mr. Speaker, might I ask how much time each side has remaining on this bill?

Mr. UPTON. Mr. Speaker, I yield myself 30 seconds. Mr. Speaker, I might say the previous speaker, my friend, asked about what the original stakeholders had in mind before these regs were written. I was one of those. This was my bill. This was a bipartisan bill offered by Jim Matheson and Fred Upton a lot of years ago. It was never our intent to put people behind bars for having some misinformation based on the number of olives or pickles or Dijon or mayonnaise. It is just wrong. It was not our intent to do what the FDA has now done. Mr. Speaker, I yield such time as she may consume to the gentlewoman from Washington (Mrs. McMorris Rodgers), the author of this bill and a member of our committee, where it passed 39-14.

Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. Carter), a member of the Energy and Commerce Committee.

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

Mr. UPTON. Mr. Speaker, I continue to reserve the balance of my time.

Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I would just remind my colleagues that this bill is supported by literally hundreds of national State and local organizations, including the National Grocers Association, the National Association of Convenience Stores, the Food Marketing Institute, the American Pizza Community, the National Association of Truck Stop Operators, amongst many, many others. I want to also reiterate that this bill, again, is bipartisan and has passed the Energy and Commerce Committee 39-14, in this Congress, and last year in the House, where it passed 266-144. The bottom line is this: it clarifies that establishments acting in good faith will not be penalized, particularly in a criminal way, for inadvertent human error in reasonable variations in serving sizes and ingredients, giving them 90 days to correct a violation before enforcement action is brought by the FDA. Mr. Speaker, I urge my colleagues to vote in support of this bill, and I yield back the balance of my time.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I would just remind the prior speaker that, in fact, the President issued a Statement of Administration Policy in support of this bill, which keeps the government open. But I also rise in support of this bill and in strong support of a 6- year, long-term funding for CHIP. We all came to Congress to fight for our district, and particularly our kids. The Michigan CHIP serves nearly 40,000 kids, and if CHIP isn't reauthorized long term, it is going to be disastrous for our communities, which is why they are depending on us, which is why it is in this bill. Mr. Speaker, back in 2015, I helped broker the bipartisan, bicameral deal that led us to the last reauthorization of CHIP. It wasn't easy, but we got there by working together. Over the course of the past year, we have been steadfast in our resolve to reauthorize CHIP. In our committee, we worked tirelessly to advance commonsense legislation that is going to extend CHIP, as well as community health centers. Last November, we passed the comprehensive bill on the House floor. Later in the year, we passed a CR that included short-term funding for CHIP. Mr. Speaker, this bill does that. I would urge my colleagues to vote ``yes.''

Mr. UPTON

Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1733) to direct the Secretary of Energy to review and update a report on the energy and environmental benefits of the re-refining of used lubricating oil.

Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material in the Record on the bill.

Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this bill, H.R. 1733, was introduced by Energy and Commerce Committee member Susan Brooks from Indiana on March 27 of this year. The legislation went through regular order, and it was reported by the full committee, without amendment, by a voice vote. This bill, H.R. 1733, requires the Secretary of Energy to review and update a report on the energy and environmental benefits of re-refining used lubricating oil. The bill reauthorizes a study that was previously directed under the Energy Policy Act of 2005. We know that recycling used lubricating oil provides environmental benefits. It does, in fact, reduce energy consumption, and, yes, it produces high-quality products for consumers. H.R. 1733 is a good bipartisan bill. I want to thank Mrs. Brooks for her hard work on this important issue and the other side of the aisle for working with us to bring the bill to the floor this afternoon. Mr. Speaker, I urge my colleagues to join me in supporting H.R. 1733, and I reserve the balance of my time.

Mr. UPTON. Mr. Speaker, I yield 5 minutes to the gentlewoman from Indiana (Mrs. Brooks), who is a member of the committee and the author of this bill.

Mr. UPTON. Mr. Speaker, I have no further speakers. I would remind my colleagues that this is a bipartisan bill. I would like to think we can pass this on a voice vote. I, again, commend the gentlewoman from Indiana, our committee, and the staff for getting this done. We hope that the Senate will take it up soon. Mr. Speaker, I yield back the balance of my time.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2872) to amend the Federal Power Act to promote hydropower development at existing nonpowered dams, and for other purposes, as amended.

Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and to insert extraneous material in the Record on the bill.

Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this bill, H.R. 2872, was introduced by Energy and Commerce Committee member Larry Bucshon in June of this year. The legislation went through regular order and was reported by the full committee with a bipartisan amendment by a voice vote. This bill promotes hydropower by development at existing nonpowered dams by establishing an expedited licensing process that will result in a final decision on an application in 2 years or less. We know hydropower is a clean, renewable, and reliable source of energy that provides low-cost electricity to millions of Americans. As we have learned through hearings at the Energy and Commerce Committee, the current regulatory process places new hydropower projects at existing nonpowered dams at a significant disadvantage. The current process takes way too long and it creates too much uncertainty, burdening consumers with additional unnecessary costs and preventing jobs and economic opportunities. This bill, H.R. 2872, makes important changes to the process to enable FERC to issue a decision in 2 years or less. The legislation also requires that FERC, as well as the U.S. Army Corps of Engineers and the Department of the Interior, to develop a list of existing nonpowered Federal dams that have the greatest potential for non-Federal hydropower development. This is a good bipartisan bill. I thank Dr. Bucshon for his hard work on this important issue and for working with our colleagues across the aisle to bring the bill to the floor. Mr. Speaker, I urge all my colleagues to support this bill, and I reserve the balance of my time. Committee on Transportation and Infrastructure, House of Representatives, Washington, DC, December 12, 2017. Hon. Greg Walden, Chairman, Committee on Energy and Commerce, Washington, DC. Dear Chairman Walden: I write concerning H.R. 2872, the Promoting Hydropower Development at Existing Nonpowered Dams Act. This legislation includes matters that fall within the Rule X jurisdiction of the Committee on Transportation and Infrastructure. I recognize and appreciate your desire to bring this legislation before the House of Representatives in an expeditious manner, and accordingly, the Committee on Transportation and Infrastructure will forego action on the bill. However, this is conditional on our mutual understanding that foregoing consideration of the bill does not prejudice the Committee with respect to the appointment of conferees or to any future jurisdictional claim over the subject matters contained in the bill or similar legislation that fall within the Committee's Rule X jurisdiction. Lastly, should a conference on the bill be necessary, I request your support for the appointment of conferees from the Committee on Transportation and Infrastructure during any House-Senate conference convened on this or related legislation. I would ask that a copy of this letter and your response acknowledging our jurisdictional interest be included in the Congressional Record during consideration of the measure on the House floor, to memorialize our understanding. I look forward to working with the Committee on Energy and Commerce as the bill moves through the legislative process. Sincerely, Bill Shuster, Chairman.

Mr. UPTON. Mr. Speaker, I want to say that I appreciate the gentleman's willingness to work on these bills together. I really appreciate his hard work. Mr. Speaker, I yield 5 minutes to the gentleman from Indiana (Mr. Bucshon), the sponsor of this legislation, in support of this bill.

Mr. UPTON. Mr. Speaker, I, too, have no further speakers. Mr. Speaker, I again commend members on both sides of the aisle for getting this bill to the floor, and the staff. I appreciate the leadership for scheduling this, and I yield back the balance of my time.

Mr. UPTON. Mr. Speaker, I yield 5 minutes to the gentleman from Oregon (Mr. Walden), the chairman of the full committee.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 2880) to amend the Federal Power Act to promote closed-loop pumped storage hydropower, and for other purposes, as amended.

Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and insert extraneous material in the Record on the bill.

Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, this bill, H.R. 2880, was introduced by Energy and Commerce Committee member Morgan Griffith in June of this year. The legislation went through regular order, and it was reported by the full committee with a bipartisan amendment by a voice vote. The bill promotes closed-loop pumped storage hydropower projects by establishing an expedited licensing process that is going to result in a final decision on an application in 2 years or less. We know that hydropower is a clean, renewable, and reliable source of energy that provides low-cost electricity to millions of Americans across the country. Closed-loop pumped storage is different than conventional hydro. These types of projects move water between two reservoirs located at different elevations in order to store energy and then generate that electricity. As we have learned through hearings at the Energy and Commerce Committee, the complete regulatory process places new pumped storage hydropower projects at a significant disadvantage. Pumped storage hydro has been around for almost 100 years, but with more intermittent renewables coming online, the need for grid-scale storage is more important than ever. The current process to license pumped storage takes way too long and creates too much uncertainty, burdening consumers with additional unnecessary costs and preventing jobs and economic opportunities. This bill makes important changes to the process to enable FERC to issue a decision in 2 years or less. The legislation also requires FERC to hold a workshop to explore potential opportunities for development of closed-loop pumped storage projects at abandoned mine sites. This bill is a good, bipartisan bill. I thank Mr. Griffith for his hard work on this important issue and for working with our colleagues across the aisle to bring this bill to the floor. Mr. Speaker, I urge all of my colleagues to support this legislation, and I reserve the balance of my time.