Nomination of Andrew Wheeler (Executive Calendar); Congressional Record Vol. 165, No. 36
(Senate - February 27, 2019)

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[Pages S1527-S1530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                      Nomination of Andrew Wheeler

  Mr. CASEY. Madam President, I rise today to talk about the debate 
that we

[[Page S1528]]

are having with regard to the nomination or, I should say, confirmation 
of the EPA Administrator.
  All of us in this Chamber and the other body, the U.S. House of 
Representatives--frankly, anyone in government--has an obligation to 
act in accordance with a goal of being good stewards of the Earth. Some 
might call it creation care--care of God's creation.
  Unfortunately, the Environmental Protection Agency, under its current 
leadership, is, in my judgment, failing to meet that obligation. From 
day one, the administration has prioritized gutting environmental 
protections and rolling back policies that had us on a path toward a 
more sustainable future.
  From attacking the Clean Power Plan to weakening methane protection 
standards, this administration has repeatedly prioritized the interests 
of polluters over the health and wellness of the American people.
  Andrew Wheeler, the nominee, if he is confirmed to run the EPA or, I 
should say, the Environmental Protection Agency, which we call the 
EPA--this assault on clean air, clean water, and so many other 
protections will continue if he is, in fact, confirmed.
  Some of the most troubling EPA actions have come while Mr. Wheeler 
has been running the EPA in an acting capacity.
  In recent weeks, the EPA has decided to move forward with a rollback 
of the clean car standard and to gut the mercury and air toxics rule. 
These moves will harm public health and the health of our children, in 
particular.
  The American Lung Association reports that 5 Pennsylvania counties, 5 
of our 67 counties, which are home to approximately 4 million people, 
rank among the top 25 counties most polluted by particulate matter year 
round.
  Rolling back the clean car standards and clean air standards will 
cause more exposure to harmful pollutants that lead to increased 
mortality, respiratory problems, emergency room visits, and work-loss 
days.
  As we know, the transportation sector is the largest source of 
greenhouse gas emissions in the United States. We also know that the 
MATS rule, the so-called mercury and air toxics rule, is an 
environmental and public health success story.
  Mercury pollution is particularly harmful for unborn children, who 
are much more sensitive to exposure and who may suffer neurological and 
developmental problems.
  Powerplant mercury emissions have declined by 90 percent because of 
the MATS rule. This was achieved ahead of schedule and at one-third of 
the projected cost. Let me say that again. Powerplant mercury emissions 
have declined by 90 percent because of the MATS rule. This was achieved 
ahead of schedule and at one-third of the scheduled cost.
  Let me give testimony from two Pennsylvanians--partial testimonies, 
though they are from longer letters that they wrote to us.
  Mollie Michel of South Philadelphia wrote to me, and I am quoting 
her:

       As parents, my husband and I spend a lot of time making 
     sure our daughters are safe and healthy. We make sure they 
     eat healthy foods, get enough sleep, do their homework, and 
     treat each other and their peers with kindness and respect. 
     But the one thing we cannot control is the air they breathe. 
     For that, we rely upon our elected officials to enact the 
     policies that protect the health and well-being of my 
     children.

  The only thing I would correct in Mollie's excerpt of her letter is 
that it is the obligation not just of elected officials but of 
appointed officials, as well--those confirmed by the U.S. Senate, in 
this case, the Administrator of the EPA. Of course, it is our duty, as 
elected officials, to make sure that we confirm people who will meet 
the legitimate expectations of a mom like Mollie.
  Patrice from Gibsonia, PA, wrote to me to say:

       As a mom of two boys, I am deeply concerned by the track 
     record of Acting Administrator Wheeler. He has spent his time 
     at EPA proposing and implementing dangerous rollbacks to and 
     attacks on pollution protections. He is putting our 
     children's health and future at risk.

  So said Patrice of Gibsonia.
  While we are on the subject of major threats to the environment, 
major threats to our communities, to our children, and to our families, 
we cannot forget about climate change itself. Climate change is a 
threat to the health and well-being of our children and future 
generations. We must take action to address the global climate crisis 
with a sense of urgency and determination. The effects of climate 
change are real and have become worse, and unless we take action, we 
are going to be in a position where it will be impossible to take any 
action if we do it too late.
  We can address the challenge of climate change and continue to 
protect jobs. We can and we must do both. One is not exclusive of the 
other. We have already demonstrated that we can make advancements in 
clean energy and that it can happen quickly while also benefiting the 
economy and creating jobs.
  According to the Business Council for Sustainable Energy and 
Bloomberg New Energy Finance, renewables--renewable sources of energy--
now account for 18 percent of power generation in the United States, up 
from just 9 percent in 2008.
  According to the 2018 U.S. Energy Employment Report, the wind and 
solar industries support three times as many jobs as oil and gas--three 
times as many jobs as oil and gas. According to S&P Global, battery 
storage cost for a 20-megawatt facility declined by 40 percent in 2018. 
So I think it is entirely possible, and the data proves it, to deal 
with this crisis, to meet our obligations, to continue to create and 
grow jobs, and also to make sure that our economy grows as well.
  I live in a State where more than a generation ago we passed a State 
Constitution provision. Article I, section 27 of the Pennsylvania 
Constitution says in pertinent part that people have a right to clean 
air, pure water, and to the preservation of the natural scenic, 
historic, and aesthetic values of the environment. That constitutional 
provision goes on to say that we are trustees. We, the citizens of the 
Commonwealth of Pennsylvania, are the trustees of our natural 
resources, and they specifically talk about future generations.
  That is my obligation, not only as a citizen of the Commonwealth and 
not only as an elected official but, I believe, as an American as well.
  To confront these crises--whether it is attacks on clean power 
standards, clean air and clean water standards or whether it is the 
challenge of climate change itself--we need an EPA and an EPA 
Administrator who is totally committed to that same spirit that is set 
forth in that State constitutional provision that the people have a 
right to clean air and clean water, and, I would argue in a larger 
sense, the right to the kind of creation here that is connected 
directly to the question of climate change.
  We are talking about God's creation and preserving His creation. If 
we are trying to preserve God's creation, we better make sure we 
nominate and confirm people committed to preserving creation itself. We 
are but stewards of that creation.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The senior assistant legislative clerk proceeded to call the roll.
  Mr. COTTON. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


 Remembering Colonel Joe Jackson and Lieutenant Colonel Charles Kettles

  Mr. COTTON. Madam President, I would like to take this opportunity to 
commemorate two Medal of Honor recipients who passed away last month. 
Every Medal of Honor recipient has served his country with 
extraordinary valor and with little or no regard for his own life and 
safety.
  Air Force Col. Joe Jackson and Army LTC Charles Kettles were no 
exceptions. They were both pilots and both served honorably in the 
Vietnam war. Both were responsible for extraordinary rescue missions of 
American soldiers trapped deep behind enemy lines against incredible 
odds. These two men were patriots who by chance, skill, and strength of 
character became true American heroes. They are gone now, but their 
legacies and examples will always live on. It is up to us to learn from 
them.
  Col. Joe Jackson passed away on January 12 at the age of 95.
  Jackson enlisted in the Army Air Corps in 1941, serving as a gunnery 
instructor for the duration of World War

[[Page S1529]]

II. But he may never have been a pilot--may never have been a hero--if 
not for a chance event in that war.
  One of his friends, a flight engineer, fell ill right before a B-25 
bomber flight. Jackson agreed to take his place. During the flight, one 
of the engines caught fire. The pilot didn't know what to do, but 
Jackson did. His timely instructions helped extinguish the fire, 
possibly saving the aircraft. Emboldened by this incident, Jackson 
decided to become a pilot--and he did, flying 107 missions as an F-84 
Thunderjet pilot during the Korean war and becoming one of the very 
first pilots of the U-2 spy plane.
  That in itself would be a pretty distinguished career of honorable 
service, but Joe Jackson returned for more, decades later. At the age 
of 45 he answered the call of service once again, volunteering with the 
Air Force's 311th Air Commando Squadron to fly cargo planes in Vietnam. 
It is not often a cargo pilot gets a chance to distinguish himself in 
combat, but it was in that very role that Joe Jackson earned the 
Nation's highest honor.
  May 12, 1968, was supposed to be a routine cargo mission for Joe 
Jackson and the crew of his C-123. That all changed when the American 
special forces camp at Kham Duc was attacked by the North Vietnamese. 
As the Viet Cong overran the camp and established firing positions just 
off the landing strip, an emergency evacuation began of the much 
smaller American contingent.
  The evacuation quickly turned into a turkey shoot. Eight aircraft and 
helicopters were shot down or destroyed on the runway during the 
desperate evacuation of Kham Duc. In a horrible tragedy, one cargo 
plane was shot down by North Vietnamese forces shortly after takeoff. 
All aboard the aircraft perished--the American air crew, plus some 150 
South Vietnamese civilians. Eventually, the airlift succeeded in 
evacuating nearly all of the camp's survivors. But as the last 
scheduled plane left the runway and the order was given to bomb the 
remainder of the camp, a horrible discovery was made: Three American 
soldiers had accidentally been left on the ground. Joe Jackson's plane 
was the closest to the area, so he made a split-second decision. 
``We're going in,'' he said.
  The C-123 cargo plane was not known for its agility, but Joe Jackson 
tested its limits as an aircraft. He banked the plane into a 
breathtaking turn and descent, dropping 9,000 feet to the runway in a 
matter of seconds. The plane instantly drew fire from the enemy, 
including an anti-armor rocket that crashed just shy of the aircraft 
but, providentially, did not detonate. The three beleaguered soldiers 
boarded Joe Jackson's aircraft, and he gunned it, lifting them to 
safety.
  That terrible assault on Kham Duc exacted a high toll in American 
lives. But thanks to Joe Jackson's quick wits and skillful flying, that 
toll was much lower.
  Joe Jackson remained in the Air Force until 1974, when he retired as 
a full colonel. He taught at the Air Force Air War College so that 
future pilots could learn from his example. Then he worked for Boeing, 
helping that great company build airplanes for use in peacetime, not 
just wartime. He ultimately settled in Kent, WA, with Rosamund, his 
wife, to whom he was married for 74 years and with whom he had two 
children.
  Joe Jackson was awarded the Medal of Honor by President Lyndon 
Johnson in January of 1969. He later described the heavy burden that 
recipients of that honor must shoulder. He said:

       I have to represent the thousands of Americans who have 
     served the country. You have to make them proud of what you 
     have done and what they have done.

  As a former soldier and as an American, let me state that there can 
be no finer representative of courage under fire than Joe Jackson. May 
he rest in peace.
  LTC Charles Kettles passed away on January 21 at the age of 89.
  Kettles was a helicopter pilot with the Army's 176th Assault 
Helicopter Company, 14th Combat Aviation Battalion, Task Force Oregon.
  Flying was in Kettles' blood. He was born in Ypsilanti, MI, to a 
father who had flown for the Canadian Royal Air Force in World War I 
and later for the U.S. Army Air Corps in World War II.
  Kettles was drafted in 1951, which began a whirlwind of Active Duty 
tours in Korea, Japan, and Thailand. He returned to the armed services 
in 1963, volunteering as a pilot. That is one thing to note about 
Charles Kettles. He was always willing to volunteer for dangerous 
assignments. Vietnam would give him many opportunities to volunteer.
  On May 15, 1967, then-Major Kettles volunteered to lead a flight of 
six Hueys to reinforce the brigade of the 101st Airborne Division that 
had been ambushed by a battalion of North Vietnamese.
  The situation was pretty hairy. It pitted Americans against hundreds 
of the VC, and the Americans were taking heavy fire. Worse still, they 
were trapped in little cover in what was called ``Chump Valley,'' so 
nicknamed because only a chump would go there.
  Major Kettles and his team landed under heavy fire from the enemy. 
One of the aviators later recalled that the tracers were ``like rain . 
. . coming straight out of the wood line.'' So intense was the enemy 
fire that several Americans were killed as they approached the 
evacuation zone. Nevertheless, Major Kettles stayed until 
reinforcements were offloaded and wounded soldiers were brought on 
board.
  After that insertion, Major Kettles returned to the battlefield a 
second time when his helicopter was raked front to back by machine-gun 
fire. Mechanics later counted 40 holes in his Huey. Major Kettles' 
gunner was seriously wounded in this trip, but Kettles piloted his 
aircraft, limping back to base streaming fuel.
  Those two flights would be a full day's work and then some for any 
aviator, but Major Kettles wasn't done yet.
  Later that day, with the situation in the valley growing yet more 
desperate, Kettles volunteered for a third time to evacuate the 
remaining 44 soldiers. So dangerous was the situation that Kettles was 
ordered to stand down. However, he disobeyed that order.
  Kettles led six helicopters on a third landing as fiercely contested 
by the enemy as the previous two. Soon the last helicopter reported all 
personnel were evacuated off the ground, and the helicopters evacuated 
the area. The all clear had been given too soon; a small group of 
American soldiers who were bravely fighting a rearguard action had been 
left behind.
  One of those soldiers later recalled the feeling when he saw the 
helicopters disappear over the jungle canopy: ``If it's possible for 
your heart to fall into your boots, that's what mine did.''
  There were now eight Americans stranded in Chump Valley against 
hundreds of Viet Cong. Those are long odds even for the Screaming 
Eagles of the 101st.
  So for the fourth time that day--the fourth time--in a split-second 
decision, Kettles turned around his aircraft to land in a hot LZ. This 
time he returned alone with no gunship support.
  When he landed, a mortar exploded near the front of his aircraft, 
blowing out his Huey's chin bubble, windshields, tail boom, and rotor. 
His helicopter returned with 40 holes and was 600 pounds overweight 
because all eight American soldiers were onboard. They all attribute 
their survival to his brave actions.
  Kettles was later awarded the Distinguished Service Cross for his 
extraordinary courage and self-sacrifice, but he wasn't immediately 
awarded the Medal of Honor. There is one thing Charles Kettles wouldn't 
volunteer for--the spotlight. He accepted the Distinguished Service 
Cross and moved on with his life, retiring from the military in 1978 
after another tour in Vietnam.

  Kettles moved back to Michigan, where he taught aviation management 
at Eastern Michigan University and worked for Chrysler Pentastar 
Aviation. He married twice and had nine children, who survive him, 
along with his wife Ann.
  That is how the Kettles' story may have ended if not for a local 
historian who persuaded Congress and the Army to reopen the file. When 
they did, it became apparent to all that he deserved the Nation's 
highest honor. Charles Kettles was awarded the Medal of Honor in 2016 
at the young age of 86. Kettles did what he could to downplay his role 
in saving his comrades in arms. According to him, ``The bottom line of 
the whole thing is simply that those 44 [soldiers] did get out of there 
and are

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not a statistic on that wall in DC. The rest of it is rather 
immaterial, frankly.''
  Pardon me here if I disagree for once with Lieutenant Colonel 
Kettles. It was due to his bravery that those 44 soldiers returned 
alive and back to their families. On the battlefield, valor is hardly 
immaterial; it is essential. Charles Kettles proved that on his four 
volunteer rescue flights that fateful day.
  May he rest in peace. May both of these great warriors rest in peace.
  Madam President, I yield the floor.
  The PRESIDING OFFICER. The Senator from New Hampshire.