Fred Upton

Mr. UPTON

Mr. UPTON. Mr. Chair, today we have another opportunity to say yes to energy and protect jobs with H.R. 3797, the SENSE Act. This sensible bill will help coal refuse-to-energy facilities continue their work producing energy while addressing the nation's coal refuse problem. Vast mounds of coal refuse sit near many abandoned coal mines throughout coal country, and they pose a serious threat to air and water quality as well as to public safety. But through American ingenuity, coal refuse-to-energy plants have been developed that actually use this harmful waste product to generate electricity. The end product is ash, which is environmentally safe and used to reclaim the land. There are 19 such plants in operation today that are producing energy and jobs while providing a practical solution to the coal refuse problem that would otherwise cost billions of dollars to address. Unfortunately, there are two EPA rules targeting all coal-fired power plants that are causing some problems. Coal refuse-to-electricity plants are very different than conventional coal-fired plants and may not be able to meet these EPA rules which are geared toward the conventional plants. As a result, the future of these facilities and their environmental and economic benefits is now in danger. Thankfully, Mr. Rothfus of Pennsylvania has spearheaded a solution. The SENSE Act still requires coal refuse-energy-plants to reduce their emissions, but creates new compliance methods more appropriate for this technology. This would allow these plants to continue operating, to the great benefit to the communities where these facilities are located. The SENSE Act is about as commonsense as they get. I urge all my colleagues to support this pro-energy, pro-jobs, and strongly pro- environment bill.

Mr. UPTON

Mr. UPTON. Mr. Speaker, we have the opportunity today to help many struggling small businesses and the jobs they support by voting yes on H.R. 4557, the BRICK Act. How did we get here? Last October, the EPA finalized an extremely stringent new rule for the brick making industry. Most of the companies that find themselves threatened by this rule are small businesses--many are family-owned--and the industry is still dealing with the effects of the recession and the weak recovery that continues to suppress demand for bricks and other building materials. Few, if any, brick makers can easily afford the estimated $4.4 million dollars it will take to bring a typical facility into compliance and the industry is currently challenging the rule in federal court. The BRICK Act simply extends the compliance deadlines for the rule until after judicial review is complete. This commonsense step would prevent brick makers from having to initiate costly and potentially irreversible compliance steps--and in some cases shut their doors entirely and lay off workers--over a rule whose legality is still in question. This is far from a hypothetical concern. EPA's last set of Brick standards in 2003 were vacated by a federal court in 2007, but by that time the industry had already been forced to spend millions on compliance. None of us want to see that happen again. It's a matter of fairness. It's a matter of commonsense. For the sake of brick makers and their thousands of employees across the country, including nearly 2,000 in Michigan I urge my colleagues to vote yes on the BRICK Act.

Mr. UPTON

Mr. UPTON. Mr. Chair, today we are making a difference for the nation's most vulnerable. Republicans and Democrats working to strengthen Medicaid, and the White House has officially given its seal of approval to these commonsense reforms. Today is an important day and underscores what we can accomplish when we work together. Medicaid is an important lifeline for so many in Michigan and across the country. It is estimated the program will expand to cover 83 million people this year--to put that into perspective, that's one in four Americans. Given its rapidly growing size, it is imperative the program is working as it is intended--providing care for folks who need it most. The Ensuring Access to Quality Medicaid Providers Act we are considering is the product of two bills authored by committee members Dr. Larry Bucshon and Rep. Chris Collins that unanimously cleared both the Health Subcommittee and full committee last fall. Dr. Bucshon led the effort to help cut down on fraud by eliminating bad actors. The bipartisan legislation ensures that providers terminated from Medicare or a state Medicaid program for reasons of fraud, integrity, or quality are terminated across the board from all other state Medicaid programs. With a program as large as Medicaid, it will always be a target for fraudsters, but we can work to limit their impact, and this bill is an positive step that will save millions of dollars and send the message loud and clear that bad actors in one state should not be allowed to participate anywhere, period. In addition to reducing fraud, we are helping increase access for those most in need. Finding a doctor is often a difficult task, and Mr. Collins led this effort to increase access to care beyond the emergency room. If a state is using a fee-for-service or primary case management system to deliver care to Medicaid patients, this bill requires they provide those patients with a directory of physicians. Medicaid managed care plans already provide a network of doctors and nurses to care for patients. This requirement ensures that patients in fee-for-service Medicaid programs don't have to fend for themselves. Research has shown that access to doctors can be a problem for Medicaid beneficiaries, so this commonsense step will help ensure beneficiaries are empowered with better information that is more readily available. And that's a good thing. This bill doesn't solve all our problems, but it is a significant bipartisan step forward. And yesterday, the Office of Management and Budget announced the administration ``supports House passage of H.R. 3716 because it improves program integrity for Medicaid and the Children's Health Insurance Program.'' We've got Republicans, Democrats, and the White House all in lockstep supporting meaningful, 21st century reforms for Medicaid. This bill shows that it's possible to work together on Medicaid. I'd like to once again thank Dr. Bucshon and Mr. Collins, as well as Helath Subcommittee Chairman Pitts and full committee Ranking Member Pallone. Together, we are building upon the committee's proud bipartisan record of success. Let's keep the momentum going to help our most vulnerable folks.

Mr. UPTON

Mr. UPTON. Mr. Speaker, Michigan has had some tough times lately-- Flint and now Kalamazoo--which was rocked this past weekend by terrible random acts of violence that took six lives. I rise today with my Michigan colleagues to offer support and encouragement for the victims' friends and families. We should continue to keep them in our hearts and in our minds. I want to thank the countless folks on the front lines who helped prevent this tragedy from, yes, even being worse. The swift actions of those on the ground deserve to be commended, particularly the Kalamazoo Sheriff's Department, led by Sheriff Richard Fuller, Kalamazoo Public Safety Chief Jeff Hadley, and Mayor Bobby Hopewell. I ask my colleagues and those who hear this message across the country to pray for the families of the six victims and the recovery of the two injured, including 14-year-old Abigail Kopf of Battle Creek, who is fighting for her life, and Tiana Carruthers of Richland Township, who put herself in front of two children and was shot multiple times. It is heartbreaking, but we know that our Kalamazoo community can and will recover from this tragedy. We will never forget what happened. We remember the lives of Mary Lou Nye of Baroda; Mary Jo Nye, Dorothy Brown, and Barbara Hawthorne of Battle Creek; and Tyler Smith and his dad, Richard Smith, of Mattawan. This tragedy will not define us, it will not divide us, and it will not defeat us. We are Kalamazoo. I ask that the House pause for a moment of silence in honor of those impacted by the tragic events in Kalamazoo.

Mr. UPTON

Mr. UPTON. Mr. Chairman, I rise today in strong support of this bill H.R. 2017, the Common Sense Nutrition Disclosure Act. Simply put, this is a bipartisan bill that would impose common sense where it is sorely needed: the final food labeling rule issued by this administration. We have a classic example of the administration overreaching with a top-down, big government approach. Its impact is wide ranging and will negatively impact your pizza places, convenience stores, grocery stores, amusement parks, movie theaters, and ice cream stores, you name it. The administration's own estimates state that this regulation could cost American businesses as much as $1 billion to comply and 500,000 hours of paperwork, all on small businesses. That is a huge chunk of time and money that would be better spent hiring more folks who are creating improved experiences for customers. Michigan's own Domino's pizza illustrates just how this rule simply doesn't work. They have literally hundreds and hundreds of different potential order combinations: large pizzas, small ones, medium, thick, thin, and crispy. Right now they have an online calculator that, in fact, will determine nutritional information so that, when you order from your computer or your app, you can see the precise nutrition information on that pizza. When 91 percent of orders are placed online, it doesn't make much sense for Domino's to have an in-store menu board that won't provide precise nutrition information for customers on literally hundreds of different choices. Yet, that is what the final food labeling rule would require. We live in an innovative world, with businesses like Seamless and Uber Eats that bring all kinds of food with the click of a button to consumers' doorsteps. The menu board won't be impactful and is not the solution to menu labeling. The Common Sense Nutrition Disclosure Act prevents these onerous burdens and puts in place a framework that actually works for consumers and businesses.

Mr. UPTON. Mr. Chairman, I want to thank, in particular, Cathy McMorris Rodgers and Loretta Sanchez for their bipartisan work to advance a workable, pragmatic solution that focuses on consumers and small businesses. As was noted, it did pass in our committee 36-12 with one voting present. I look forward to an even stronger bipartisan vote today.

Mr. UPTON

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 materials in the Record on the bill.

Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. Moolenaar). Again, he is a cosponsor of Mr. Kildee's bill.

Mr. UPTON. Mr. Speaker, might I inquire as to how much time I have remaining on my side.

Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I wish we weren't here today. I wish this bill was not necessary, but it is. Our hearts go out to the folks of Flint, Michigan. The system let them down at every level. That is, frankly, unacceptable. All folks want is the peace of mind that their government is looking out for their best interest and that their water is safe. This bill is the first step. Imagine if you went to draw a cup of cold water from your kitchen faucet and suddenly had to think about whether it is safe to drink or not. Now put yourself into the shoes of a parent whose son or daughter has already taken a drink from that faucet. Or, you made coffee or infant formula. What health risk has your child already been exposed to? What do we do now? How can we expect a family to live life day-to- day without safe drinking water? And, after all those initial concerns, you begin asking yourself: How is this situation possible in the 21st century in the United States of America? We have been seeking answers to that question from EPA, from the State of Michigan, and from others. In the meantime, we know that part of the answer--certainly, not the whole story--is that there was a terrible breakdown in communication at every level of government. It is sickening and it breaks your heart that thousands of kids indeed could be at risk, being poisoned from faucets that they thought were safe. Government officials knew there was serious cause for concern and failed to inform the people of Flint. Many of those officials did not even seem to be effectively communicating and sharing data among themselves. The EPA regional office was not telling headquarters about everything, the State was not telling EPA everything, and we don't know yet what the city of Flint was telling the State or EPA. That has got to be fixed--and it has got to be fixed now. The Safe Drinking Water Act Improved Compliance Awareness Act ensures that the public learns of excessive lead levels in their drinking water by setting forth how and when States, EPA, and public water utilities communicate their findings. The bill also strengthens public notification rules when lead levels are exceeded. Individual consumers will be told when their own house tests positive for lead problems. And if the community or States fail to notify the public, EPA will step in and do so. They are required to do that. The bill also requires EPA to create a strategic plan for handling and improving information flow among water utilities, the States, EPA, and affected drinking water consumers before there is an enforceable lead exceedance in drinking water. Let me repeat that: before lead levels get too high. Finally, this bipartisan bill requires consumer notification when water being transported in a lead pipe is so corrosive that, in fact, it could leach into public drinking water. I want to thank all Members of the House for their support, especially my Michigan colleagues, every one of which, from both parties, signed as an original cosponsor of this legislation. I want to particularly thank Mr. Kildee, a friend, who led this effort. I thank my colleagues on the Energy and Commerce Committee, particularly Frank Pallone, John Shimkus, and Paul Tonko, for their advice, collaboration, and support. I also want to thank two McCarthys, Kevin McCarthy, for scheduling this at almost a moment's notice, and my lead counsel on this legislation, Dave McCarthy, who helped write and improve the bill as it was originally introduced. What is said on this floor today will not do anything to ease the mind of a parent in Flint. The entire situation breaks your heart, but we have a responsibility, working together as Republicans and Democrats, to fix the problem. This bill is an important step. I reserve the balance of my time.

Mr. UPTON. Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. Walberg), a cosponsor of the bill.

Mr. UPTON. Mr. Speaker, I yield myself the balance of my time. I encourage all of my colleagues to support this legislation. Mr. Tonko said this bill is not about a blame game. We are trying to fix a problem so it doesn't happen again anyplace. I just might note that the House was out 2 weeks. We had Martin Luther King week, then we had the snowstorm, and we couldn't come back. Our committee held a number of briefings. I expanded it to include certainly all of the members--Republican and Democrat--on the Energy and Commerce Committee, but I also extended that out to all of the members of the Michigan delegation, both our Senators, as well as the Oversight and Government Reform Committee majority and minority staff. Mr. Kildee mentioned about Mr. Pallone not being here. His father died earlier this week, so he is where he should be. But he cares deeply about this legislation as well. I know when I sat down with my friend Mr. Kildee last week to talk about the intent of this legislation and where he was, we were able to, I think, make some important, constructive changes that strengthen the bill. It was a no-brainer for us to get every Member on both sides of the aisle from Michigan to be an original cosponsor, and I congratulate him for that initiative. But I must say, too, this is a first step. I know in the future our committee is going to be looking at how we can better expand flexibility, I think, of States as it relates to their safe drinking water fund, and the State revolving fund as well. We are looking to hear from the States what we might be able to do on the Federal response. Again, the primacy is at the State and local level, particularly when a State, like we have seen here, actually has been given an emergency declaration, as our Governor sought. I encourage all of my colleagues to support this bill, and I commend Mr. Kildee. I yield back the balance of my time.

Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4470) to amend the Safe Drinking Water Act with respect to the requirements related to lead in drinking water, and for other purposes, as amended.

Mr. UPTON. Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. Bishop), again, an original cosponsor of the bill.

Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from South Carolina (Mr. Sanford).

Mr. UPTON. Mr. Speaker, I yield 2 minutes to the gentleman from Michigan (Mr. Trott), another cosponsor of the legislation.

Mr. UPTON. Mr. Speaker, on that I demand the yeas and nays.

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

Mr. UPTON

Mr. UPTON. Mr. Speaker, we have a bill to restore America's healthcare freedom--yes, we do--one that will finally get to the President's desk. This legislation seeks to protect folks in Michigan and all across the country from the rising costs, fewer choices, lost coverage, and countless broken promises that have defined the President's healthcare law. Importantly, it would also give Congress time to enact better solutions focused on growing patient choice and improving patient care, lowering costs, providing States like Michigan greater flexibility, and promoting bottom-up 21st-century healthcare innovations. The current healthcare law relies on outdated programs of the past and forces a one-size-fits-all approach on our States that is unresponsive to patient needs. Folks in Michigan deserve better. The American people deserve better. And you know what? We can do better. I helped coauthor one commonsense plan to replace the health law. It is the Patient CARE Act. It is a pragmatic solution--in fact, the only bicameral proposal that has been offered-- that repeals the law and replaces it with patient-focused reforms that reduce healthcare costs and increase access to affordable, high-quality care. We empower the American people to make the best healthcare choices for themselves and their families. It allows Governors the flexibility to best provide for their citizens, all while driving down costs and improving quality. Under the proposal, no one can be denied coverage based on a preexisting condition. This proposal has other consumer protections as well. Insurance companies would be prohibited from imposing lifetime limits on a consumer. Dependents up to age 26 would be able to stay on their parents' plan, and guaranteed renewability would ensure that sick patients would be able to renew their coverage. We also provide a refundable tax credit for the most vulnerable consumers to buy health coverage or healthcare services of their own choosing, not expensive insurance that Washington would force them to buy or face a penalty. Michiganders covered under Medicaid today would also benefit. The reforms in the Patient CARE Act would make the Medicaid program more sustainable for taxpayers, and better management tools will make the program more efficient, fair, and accountable for everyone who depends on it. This plan and the countless solutions offered by my Republican colleagues in Congress shines a spotlight on a better vision for health care, one focused on patients, families, doctors, and insurance. This health law may have been enacted only a few years ago, but its government-centered premise is not a new one. These obsolete ideas have failed people time and time again. The public deserves a fresh, forward-looking approach that embraces 21st-century innovation. So we have got a solution to restore America's healthcare freedom, to put ObamaCare in the rearview mirror and replace it with better healthcare solutions like the Patient CARE Act. It is time to put patients first. Let them make the choices, not the government.

Mr. UPTON

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 materials in the Record on the bill.

Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in strong support of H.R. 1321, the Microbead-Free Waters Act of 2015. I am pleased to have partnered with my friend, Energy and Commerce Committee Ranking Member Frank Pallone from New Jersey, on this very important bill to begin the phaseout of plastic microbeads, which you can see in this picture, literally the size of a pinhead sometimes on a penny, to begin the phaseout of plastic microbeads from personal care products on July 1, 2017. Many folks might be wondering, what exactly is a microbead? Well, I am sure many of you here and at home are using products that contain microbeads without even realizing it. Microbeads are those tiny little scrubbers in cleansers, body scrubs, and even toothpaste. On their own, they are nearly invisible, smaller than a pinhead, as I indicated. But once they are flushed down the drain, that is when the problem really begins. They are so small they easily flow through the water filtration systems and end up in our bodies of water, obviously, including the Great Lakes, where I hail from. They are known to absorb pollutants and often mistaken as food by fish and wildlife. Simply put, microbeads are causing megaproblems. As someone who grew up on Lake Michigan and represents a large chunk of the Michigan coastline, I understand firsthand how important it is to maintain the beauty and integrity of our Great Lakes and all of our water systems. The Great Lakes have survived many a foe--severe pollution, oil spills, discharge from refineries, zebra mussels, and attempts to steal our water, just to name a few. We are going to fight any activity that puts our beloved Great Lakes in jeopardy. Many State and local governments have created a patchwork of differing laws, which creates problems for interstate commerce. This bipartisan legislation will also preempt all State and local laws related to microbeads in cosmetics, which will ensure certainty for manufacturers and other job creators across the country. I urge all my colleagues to join me in ending this pesky problem of microbeads. They are tiny plastic, but big time pollution. As Michigan's Holland Sentinel editorialized this past spring, ``There's no reason keeping our faces feeling clean should require us to trash our lakes.'' I urge all Members to support this legislation, and I reserve the balance of my time.

Mr. UPTON. Mr. Speaker, I yield myself 1 minute. Mr. Speaker, I want to take this time to thank my colleague, Mr. Pallone. This was his legislation, which I cosponsored, as he indicated. We moved it through regular order, lots of hearings, a unanimous vote in subcommittee and full committee, and we want to get this bill to the President for him to sign. As I have talked to Members of the Great Lakes Coalition, our colleagues in the Great Lakes States--Republican and Democrat--but also our Senators from the Great Lakes as well, there is huge interest in getting this bill to the President. It will, indeed, make a difference. The phaseout time was appropriate, so, in essence, we are telling the manufacturers to stop making it, and a time then for them to see the products off the shelf, so that ultimately, they will not be in cosmetics or toothpaste and other personal care products. Again, I want to thank the gentleman for his leadership on this. I look forward to passing it on a bipartisan vote. I yield back the balance of my time.

Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1321) to prohibit the sale or distribution of cosmetics containing synthetic plastic microbeads, as amended.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I move that the House do now adjourn.

Mr. UPTON

Mr. UPTON. Mr. Speaker, I ask unanimous consent that the Clerk be authorized to make technical corrections in the engrossment of H.R. 8, to include corrections in spelling, punctuation, section numbering and cross-referencing, and the insertion of appropriate headings.