E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, THURSDAY, DECEMBER 8, 2016 No. 177 House of Representatives The House met at 9 a.m. and was The SPEAKER. Pursuant to clause 8, cated countless hours to improving the called to order by the Speaker. rule XX, further proceedings on this Lake Orion community. Her generosity f question will be postponed. has touched the lives of many, and her The point of no quorum is considered efforts will have a profound impact on PRAYER withdrawn. generations to come. The Chaplain, the Reverend Patrick f So, thank you to JoAnn Van Tassel J. Conroy, offered the following prayer: for making the Lake Orion community PLEDGE OF ALLEGIANCE Dear God, we give You thanks for a great place to live, work, and raise a giving us another day. The SPEAKER. Will the gentle- family. Your generous contributions Bless the Members of the people’s woman from Hawaii (Ms. GABBARD) have not gone unnoticed. come forward and lead the House in the House as they anticipate returning to f their home districts. Once they return Pledge of Allegiance. home, may they find rest and renewal Ms. GABBARD led the Pledge of Alle- DRAIN THE SWAMP during their time with family and giance as follows: (Mr. DEFAZIO asked and was given friends. I pledge allegiance to the Flag of the permission to address the House for 1 Bless our Nation as the holy days of United States of America, and to the Repub- minute.) the religious traditions for so many of lic for which it stands, one nation under God, Mr. DEFAZIO. Mr. Speaker, today I indivisible, with liberty and justice for all. our citizens approach and as the year am introducing legislation, the Drain comes to a close. Help us to look to the f the Swamp Act. My bill would make future with hope, committed to a re- ANNOUNCEMENT BY THE SPEAKER violations of President-elect Trump’s newed effort to work together as citi- The SPEAKER. The Chair will enter- recently announced revolving door zens of a united America. tain up to five requests for 1-minute lobby ban punishable by law. He said Help us all to be truly grateful for speeches on each side of the aisle. that he will bar political appointees the blessings of this past year. from lobbying for 5 years after they f As always, we pray that whatever is serve in his administration and perma- done be for Your greater honor and RECOGNIZING JOANN VAN TASSEL nently from lobbying for foreign gov- glory. OF LAKE ORION ernments. Amen. (Mr. BISHOP of Michigan asked and Unfortunately, his proposal lacks f was given permission to address the any enforcement mechanism. I want House for 1 minute and to revise and this to be more than a press release. I THE JOURNAL extend his remarks.) want to help him in this effort. Just The SPEAKER. The Chair has exam- Mr. BISHOP of Michigan. Mr. Speak- look at the Office of Special Trade Rep- ined the Journal of the last day’s pro- er, I rise today to recognize JoAnn Van resentative. Why is our trade policy so ceedings and announces to the House Tassel of Lake Orion. She has devoted bad? Because those people worked for his approval thereof. her life to selfless acts to benefit oth- industry and then come back to work Pursuant to clause 1, rule I, the Jour- ers and is being recognized as 2016 Cit- for the government and go work for in- nal stands approved. izen of the Year by the Orion Area Pa- dustry and promote their own inter- Mr. WOODALL. Mr. Speaker, pursu- rade Group. ests. That goes on in many agencies. ant to clause 1, rule I, I demand a vote JoAnn has been a champion in the This would be a good thing for Amer- on agreeing to the Speaker’s approval community by always supporting local ica. of the Journal. events and important causes. She is ac- So I would extend the existing pen- The SPEAKER. The question is on tive with many agencies, including the alties which apply to very few people the Speaker’s approval of the Journal. North Oakland Community Coalition over a shorter period of time with pen- The question was taken; and the and the Downtown Development Au- alties up to $50,000 and 1 year in jail to Speaker announced that the ayes ap- thority. Among her many charitable cover all of the 3,648 executive branch peared to have it. acts, JoAnn has organized fundraising political appointees. Mr. WOODALL. Mr. Speaker, I object events to help those in need and cleans I am introducing it today knowing it to the vote on the ground that a up our roadways to ensure that our is the end of the Congress, but I am quorum is not present and make the community stays beautiful. going to provide it to the Trump tran- point of order that a quorum is not While serving as Orion Township su- sition team in the hope that they will present. pervisor for 13 years, JoAnn has dedi- endorse this bill, which I will introduce

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H7401

.

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.000 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7402 CONGRESSIONAL RECORD — HOUSE December 8, 2016 on the first day of the next Congress On behalf of a grateful Nation, I want Mr. Speaker, I ask that everyone join and hope to have President-elect to sincerely thank the Munroe family me in this important effort. Trump’s support to keep the law be- for their service. f hind his promise. f FAREWELL ADDRESS f HONORING THE SERVICE OF (Mr. DOLD asked and was given per- HUSTON-TILLOTSON UNIVERSITY JAMES ‘‘J.H.’’ LANGDON mission to address the House for 1 (Mr. WILLIAMS asked and was given (Mr. ROUZER asked and was given minute and to revise and extend his re- permission to address the House for 1 permission to address the House for 1 marks.) minute.) minute.) Mr. DOLD. Mr. Speaker, on one of Mr. WILLIAMS. Mr. Speaker, I am Mr. ROUZER. Mr. Speaker, it was 16 the last days to be able to come and ad- proud to represent several Texas col- years ago when I was embarking on a dress the House before the end of this leges and universities in my Texas 25th run for North Carolina Commissioner Congress, I want to take this oppor- Congressional District, but it is Aus- of Agriculture that my uncle told me tunity, really, to thank the people that tin’s first institution of higher edu- there was a man I needed to meet. That work here in the House. cation that I would like to speak about man was James H. Langdon, whom we We up here talk about our constitu- today. all call J.H. Today I rise to honor his ents back at home, and Congresses will come and go, but it is the staff here Huston-Tillotson University is re- service in the North Carolina House, that make this institution run. I want ferred to by many as the jewel of the which will soon officially come to a to thank them for the great work that east Austin community. I have had the close. they do. Frankly, there are far too few pleasure of meeting the school’s presi- A former ag education teacher, J.H. of us that actually recognize the work dent, Dr. Colette Pierce Burnette. She has served six terms in the North Caro- is only the second female president in that happens. lina House and has either taught or From the folks down in the wood the institution’s rich history. I can tell represented practically every citizen in you, Dr. Colette Pierce Burnette is an shop, to the people who are working be- Johnston County and beyond. As chair- hind the rostrum, to our Capitol police experienced leader who is committed man of the house agriculture com- officers, to Father Conroy, who keeps to the success of her students. mittee, J.H. has been a tireless advo- us on the straight and narrow, we Huston-Tillotson College was char- cate for agriculture and our farm fami- tered by the State of Texas in 1952 and thank you for your service. lies. I do want to take this opportunity, as was renamed to Huston-Tillotson Uni- I know of no one who talks less but we are about to embark on the holi- versity in 2005. Its name derives from does more, which I attribute to his days, to thank them for the great work the merger of Tillotson College and great and abiding love for and faith in that they do for each and every one of Samuel Huston College. our Creator. J.H.’s legacy will be felt us and for our Nation, because they are The school’s focus is on liberal arts. across the State of North Carolina for the ones that truly keep this institu- It offers associate and master’s de- generations to come. tion running and make sure that we grees, in addition to bachelor of arts On behalf of the citizens of Johnston have a sense of history and that, again, and bachelor of science degrees, in County and the countless individuals this august body is one that will be more than 19 areas of study. he has touched, I wish him and his represented well for years and, hope- I would like to thank President wife, Lena, much happiness as they fully, centuries to come. Colette Pierce-Burnette, the faculty, continue their wonderful journey to- and the administration for their devo- f gether. tion to higher education, and I expect PENTAGON’S WASTEFUL BACK they will keep up the good work for f OFFICE BUREAUCRACY many years to follow. EVERYONE MUST BEAR THE COST (Mr. SCHRADER asked and was In God we trust. OF OUR MILITARY given permission to address the House f (Mr. O’ROURKE asked and was given for 1 minute.) RECOGNIZING AIRBORNE FIRST permission to address the House for 1 Mr. SCHRADER. Mr. Speaker, I rise CLASS IRVING MUNROE minute.) today to call upon this body to protect Mr. O’ROURKE. Mr. Speaker, those our national security by ensuring that (Mr. CICILLINE asked and was given the billions we spend through the Pen- permission to address the House for 1 who have truly borne the cost of the wars that we have waged since 9/11 tagon are, in fact, well spent. minute.) We are currently embarking on en- Mr. CICILLINE. Mr. Speaker, I rise have been the men and women who wear the uniform and their families— acting a CR that is inadequate for edu- today in recognition of Airborne First cation, health care, and economic and Class Irving Munroe, a veteran of the fewer than 1 percent of the people in this country. For the rest of us, we job development. It contains a bloated United States Air Force from my dis- Defense Department with even more have deferred our obligations and our trict in Rhode Island. money, despite documentation of $125 payments to future generations. On June 1, 1951, just few days shy of billion in waste and inefficiencies that Harvard’s Linda Bilmes estimates his 20th birthday, Airman Munroe went their own investigation showed. that the wars that we are waging since missing in action after his aircraft was This does not relate to our service- shot down over Kwaksan, North Korea. 9/11 will cost this country nearly $1 men and -women who do a great job for Airman Munroe was a devoted son trillion in healthcare costs and support our country protecting freedom around and brother, and our Nation will never costs for the veterans who have fought the world. This is money that we could be able to fully repay his family for those wars. That is why I am asking use to fund all the war spending and their loss. Airman Munroe was finally my colleagues from both sides of the drive down the costs of the Pentagon laid to rest at Arlington National Cem- aisle to join me in sponsoring the Vet- and Department of Defense almost 20 etery on October 13, 2016, in a cere- erans Health Care Trust Fund Act, percent without affecting existing pro- mony attended by those closest to him. which would create a surtax on each grams. His family, which has accumulated and every American who has not served I think we need to declassify the De- more than 100 years of total military to ensure that we pay for our wars as partment of Defense study and use that service over two generations, truly un- we wage them and have the resources money for the taxpayers to drive down derstands the meaning of service to our to take care of the veterans who fight our debt and deficit and make this country. them. It is going to ensure trans- country great again. Americans are fortunate to live in a parency in the cost of these wars; it is f free and safe country because of the ex- going to ensure that everyone bears traordinary sacrifices of those who their fair share of the burden; and it is 25TH ANNIVERSARY OF KJIL AND have served in our Armed Forces. We going to ensure that we always have GREAT PLAINS CHRISTIAN RADIO owe all who serve and their families the resources to always take care of (Mr. HUELSKAMP asked and was our genuine gratitude and deep respect. the veterans. given permission to address the House

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.002 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7403 for 1 minute and to revise and extend payer dollars from being used to sup- GENERAL LEAVE his remarks.) port terrorists. Mr. WOODALL. Mr. Speaker, I ask Mr. HUELSKAMP. Mr. Speaker, this f unanimous consent that all Members year marks 25 years of KJIL and Great may have 5 legislative days to revise Plains Christian Radio in Meade, Kan- b 0915 and extend their remarks. sas, providing Christian music, weath- PROVIDING FOR CONSIDERATION The SPEAKER pro tempore. Is there er, sports news, and inspiration to OF THE SENATE AMENDMENT TO objection to the request of the gen- farmers, ranchers, businesses, and into H.R. 2028, ENERGY AND WATER tleman from Georgia? the homes and vehicles of thousands of DEVELOPMENT AND RELATED There was no objection. Mr. WOODALL. Mr. Speaker, when Kansas families. AGENCIES APPROPRIATIONS you asked me to clarify the number of The process of going from dream to ACT, 2016, AND PROVIDING FOR reality took nearly 10 years; but within the resolution, I am reminded of my CONSIDERATION OF S. 612, mother when she used to ask me if I 24 hours after completing their trans- GEORGE P. KAZEN FEDERAL mission tower, KJIL took to the air wanted to take out the trash. She was BUILDING AND UNITED STATES not asking me if I wanted to take out September 5, 1992, at 99.1 FM. In 2001, COURTHOUSE they added another station in Abilene, the trash. She was suggesting, very po- Kansas, at 105.7 FM. Mr. WOODALL. Mr. Speaker, by di- litely, that it was my responsibility to Since then, their story is one of rection of the Committee on Rules, I get out of my chair and get out there God’s constant faithfulness and provi- call up House Resolution 949 and ask and take out that trash. I think about sion. What started as a small dream for for its immediate consideration. all of the folks that invest themselves a rural county and my home county of The Clerk read the resolution, as fol- in our success here. When you give me southwest Kansas now includes nearly lows: a chance to clarify, candidly, I am a 40 translators, including the neigh- H. RES. 949 little surprised that I need to because I boring States of Oklahoma, Texas, and Resolved, That upon adoption of this reso- am surrounded by a team of excellence. Colorado. Nearly my entire congres- lution it shall be in order to take from the I should have just spoken it right back sional district receives radio signals Speaker’s table the bill (H.R. 2028) making to you. from Great Plains Christian Radio. appropriations for energy and water develop- We have two bills today, Mr. Speak- Not only has KJIL served our region ment and related agencies for the fiscal year er, that are the result of a whole lot of so faithfully for 25 years, they have ending September 30, 2016, and for other pur- mothers, a whole lot of staffers, and a also done so with excellence. The Kan- poses, with the Senate amendment thereto, whole lot of constituents asking the sas Association of Broadcasters has and to consider in the House, without inter- Members of Congress if they would like vention of any point of order, a motion of- awarded them Station of the Year fered by the chair of the Committee on Ap- to take out the trash, telling folks that twice. They have also been the recipi- propriations or his designee that the House they have responsibilities that need to ents of a trio of awards from Focus on concur in the Senate amendment with an be handled and they need to be handled the Family Station of the Year—the amendment consisting of the text of Rules now. list goes on and on. Committee Print 114-70 modified by the It is two bills that this rule makes in Any opportunity to commend KJIL amendment printed in the report of the Com- order for consideration today, Mr. and their history of humbly serving mittee on Rules accompanying this resolu- Speaker. It is S. 612, which is the Water Kansas requires recognition of the peo- tion. The Senate amendment and the motion Infrastructure Improvements for the ple who made it happen, such as Don shall be considered as read. The motion shall Nation Act. That is what they call it be debatable for one hour equally divided and on the Senate side. On our side, it is Hughes, Jim Fairchild, and my good controlled by the chair and ranking minority friend, Michael Luskey, who is cur- member of the Committee on Appropria- the Water Resources Development Act, rently the CEO and GM. I sincerely tions. The previous question shall be consid- the WRDA bill, a bill that authorizes hope and pray that KJIL will have ered as ordered on the motion to its adoption projects one by one, considered by the service for another 25 years. without intervening motion. U.S. House of Representatives, not led f SEC. 2. Upon adoption of this resolution it by the agencies, but led by the people’s shall be in order to consider in the House the House, and directed to the agencies for STOP ARMING TERRORISTS bill (S. 612) to designate the Federal building accomplishment. (Ms. GABBARD asked and was given and United States courthouse located at 1300 The second bill is H.R. 2028. It is the permission to address the House for 1 Victoria Street in Laredo, Texas, as the continuing resolution bill for FY 2017 minute.) ‘‘George P. Kazen Federal Building and funding, Mr. Speaker. I don’t need to United States Courthouse’’. All points of Ms. GABBARD. Mr. Speaker, under order against consideration of the bill are tell you—you know the Appropriations U.S. law, it is illegal for you or me or waived. An amendment in the nature of a Committee well—but this year, for the any American to provide any type of substitute consisting of the text of Rules first time since the people of the Sev- assistance to al Qaeda, ISIS, or other Committee Print 114-69 shall be considered enth District of Georgia entrusted me terrorist groups. If we broke this law, as adopted. The bill, as amended, shall be with a voting card, we passed an appro- we would be thrown in jail. Yet the considered as read. All points of order priations bill on time. We did it for our U.S. Government has been violating against provisions in the bill, as amended, veterans. It was signed by the Presi- this law for years, directly and indi- are waived. The previous question shall be dent of the United States before the considered as ordered on the bill, as amend- end of the fiscal year. We took a step rectly supporting allies and partners of ed, and on any further amendment thereto, groups like al Qaeda and ISIS with to final passage without intervening motion at getting back towards regular order a money, weapons, intelligence, and except: (1) one hour of debate equally divided commitment we have all made to one other support in their fight to over- among and controlled by the respective another, and a commitment that this throw the Syrian Government. chairs and ranking minority members of the funding bill will bring to fruition. A recent New York Times article Committees on Energy and Commerce, Nat- It is not what any of us would have confirmed that ‘‘rebel groups’’ sup- ural Resources, and Transportation and In- wanted on day one, it is not the way ported by the U.S. ‘‘have entered into frastructure; and (2) one motion to recommit any of us believed that we could have battlefield alliances with the affiliate with or without instructions. completed this process had we had of al Qaeda in Syria, formerly known The SPEAKER pro tempore (Mr. more time, but it is the proper way to as Al Nusra.’’ SIMPSON). The gentleman from Georgia make sure that certainty, rather than The Wall Street Journal reports that is recognized for 1 hour. uncertainty, governs this land. rebel grounds are ‘‘doubling down on Mr. WOODALL. Mr. Speaker, for the I have got my colleague from the their alliance’’ with al Qaeda. This alli- purpose of debate only, I yield the cus- Rules Committee and the Appropria- ance has rendered the phrase ‘‘mod- tomary 30 minutes to the gentlewoman tions Committee, the gentleman from erate rebels’’ meaningless. We must from New York (Ms. SLAUGHTER), pend- Oklahoma (Mr. COLE) here with me, stop this madness. We must stop arm- ing which I yield myself such time as I Mr. Speaker, so I won’t belabor that ing terrorists. may consume. During consideration of side of the issue. But what I do want to I am introducing the Stop Arming this resolution, all time yielded is for talk about is something I know well, Terrorists Act today to prohibit tax- the purpose of debate only. and that is the WRDA bill.

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.003 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7404 CONGRESSIONAL RECORD — HOUSE December 8, 2016 The WRDA bill, Mr. Speaker, this there is only one train leaving the sta- step of including a provision in this Water Infrastructure Improvements for tion, we can’t work together on issues. spending bill to change the congres- the Nation Act, came out of the Trans- We have got to jam it all in there and sional rules to hasten the confirmation portation Committee on which I have we have got to pack everything in be- of President-elect Trump’s nominee for the great privilege of serving. cause we have only got one chance to Secretary of Defense, retired General The Transportation Committee, Mr. serve the people who elected us. James Mattis. That should not be in Speaker, is one of those rare commit- When we get back to regular order, this bill, Mr. Speaker, but was stuck in tees that you don’t read about on when we know there is another bill here to expedite that movement. CNN’s Web site, you don’t see it on coming tomorrow and another bill The law that was changed clearly FOX News, or MSNBC. On the Trans- coming the next day, and another bill states that a Defense Secretary must portation Committee, we get to- coming the next day, it gives us an op- be out of uniform for 7 years to qualify gether—Republicans and Democrats— portunity to achieve these things one for a waiver. Certainly that was not and we talk it out. We talk it out be- small step at a time. If your constitu- done capriciously. It was done so that cause it turns out that if what you are ents are like mine, Mr. Speaker, they we can keep civilian control of the interested in, as citizens of Florida and didn’t send me here to yank the pen- military, which is one of the pillars of the Everglades and Port Everglades dulum back and forth from left to our democracy. and the restoration of those marvelous right. They sent me here to make a lit- Now, I join with my colleagues in re- natural resources down there, that is tle bit of progress one day at a time. specting General Mattis’ lifetime of not just a Florida issue, that is an The WRDA bill exemplifies the very service and his dedication to our Na- American issue. If you are interested, best of us in that way. It represents tion. At the same time, the civilian as my friends from South Carolina are, small steps in almost every jurisdic- leadership, as I have said, has been the in dredging the port in Charleston and tion in this institution to grow the cornerstone of our democracy. To risk making that a world class shipping op- American economy, to serve our con- losing it risks losing a very precious portunity, that is not just a South stituents back home, to make sure and important tenet of democracy that Carolina issue, that is an American that the American taxpayer is getting states that the United States military issue. a dollar’s worth of value out of a dol- must be under civilian control. That is If you are like my friends all across lar’s worth of their tax dollar. no small thing, Mr. Speaker, but it will this country, Mr. Speaker, from New If you can’t tell, Mr. Speaker, I am be done here with a single vote. Hampshire to California, to Texas, to tremendously proud of this work that I am pleased to see, however, that Colorado, you have projects that are has gone into this bill. My great hope this package includes $100 million in vitally important not just to your con- is that my colleagues will support this grant funding to Flint, Michigan, to stituency, but to the economy of the rule so that we can move on to support address the ongoing water crisis that United States of America; and that is that underlying legislation later on what we do on the Transportation has forced residents to drink and bathe this morning. Committee. The Transportation Com- in poisoned water for years. Mr. Speak- Mr. Speaker, I reserve the balance of mittee is a success if we can help you er, I am painfully aware of the lifelong my time. get to work a little bit faster. We are a impacts that children will be forced to Ms. SLAUGHTER. Mr. Speaker, I success if we can get your kids to that live with as a result of toxic metal in yield myself such time as I may con- soccer game just a little bit faster. But their water. The neurodevelopmental sume. we are committed to moving freight, damage will be staggering, in addition Mr. Speaker, I rise this morning to goods, and services produced by Amer- to impacts including hypertension, present my opposing view. I thank my ican hands with American labor to renal impairment, and anemia. We colleague for yielding me the cus- their destinations not just across this know that we have to protect the water tomary 30 minutes. land, but across this planet. That is we have, Mr. Speaker, because we don’t Mr. Speaker, the new fiscal year what the WRDA bill, controlling those manufacture it. began more than 2 months ago. Yet, ports and waterways through which so The resolution before us today would here we are again, considering another much commerce moves, controls. also bring up the Water Infrastructure Mr. Speaker, I talked about regular continuing resolution just hours ahead Improvements for the Nation Act. I order a little bit earlier. I have to brag, of a midnight Friday deadline to fund join my colleague from Georgia in say- if I can here, at what may be our last the Federal Government. Make no mis- ing how important a bill this is. Those day together. When the chairman of take, we are here today up against the of us who abut the Great Lakes are the Transportation Committee, BILL threat of another shutdown because of happy that the Great Lakes Restora- SHUSTER from the great State of Penn- the majority’s inability to do its most tion money is there, which will help to sylvania, took over the Transportation basic job of funding the government. remediate 20 percent of the world’s Committee, he said: These projects are It is a shame that we have, once fresh water contained in those five so important. This bipartisan commit- again, resorted to short-term measures lakes. ment to the American economy is so instead of passing long-term appropria- It will also increase funding for important. I am not going to let it get tions bills. In fact, the last time that dredging small harbors, like the Port delayed. Congress enacted all 12 regular appro- of Rochester, which ships and receives Now, I confess that we are here on priations bills on time was 1994. an average of 95,000 tons of material the last day, perhaps, of our time to- As a result, the Chamber continues each year. Commodities that pass gether. It looked for awhile like we lurching from crisis to crisis. This is through this port generate more than might not be able to move this the same type of leadership that has $6 million in local salaries through my through; but our chairman, through brought our Nation years of political district each year. the power of persuasion, fought day in brinksmanship, including fiscal cliffs, Sadly, Mr. Speaker, the majority has and day out not for 1 year, but for 2 near defaults on our national debt, and stripped important language from it, years, to ensure that we could build on a government shutdown as recently as including the Buy American provi- the success, which was the WRDA bill 2013, which experts from Standard & sions, which we are perplexed by, since in 2014, and bring yet another WRDA Poor’s estimate to have taken $24 bil- they have been in there for years in the bill in 2016. lion out of our economy. past. I will say to my friends: If you did And for what, Mr. Speaker? b 0930 not get everything you wanted, I prom- So that the majority can play poli- ise you, as our friend, KEVIN MCCAR- tics with government spending and try When asked the question of why it is THY, from California likes to say, You to negotiate a more conservative, par- not there, we really didn’t get a needed everything you got. Even if you tisan appropriations package with a straight answer; but the Buy American didn’t get everything that you needed, Trump administration and a Congress provisions would require the Federal we are going to do this again. under one-party Republican rule. Government projects to use steel that That is what is so great about reg- It is especially troubling that the was made here in America. It is espe- ular order here, Mr. Speaker. When majority has taken the unprecedented cially disappointing, since President-

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.005 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7405 elect Donald Trump has built several of Speaker is familiar with, has been vided us budget stability this year. It his hotels with Chinese-made steel de- around for many years. We also got us out of a lot of the fights—and spite his pledging to ‘‘Make America changed the definitions in law so In- guess what. All of a sudden, you end up Great Again.’’ The majority also re- dian tribes can now compete for water with cures. All of a sudden, you end up moved a provision that would have al- projects and water funding, particu- with WRDA. All of a sudden, you get a lowed us to utilize funds to improve larly in some of the areas. Again, my national defense authorization done, port and harbor reliability that sit idle friend the Speaker has seen some of because we have done the appropriate in the U.S. Treasury. these shortages in infrastructure as we things. One other issue that was concerning traveled to reservations around the The Appropriations Committee, I am to us was that the CR does not extend country together; so putting these peo- quick to add, has done its work. All 12 a provision from all of the past years’ ple in a position to make sure they bills that fund the Federal Government omnibus bills that exempt returning have access to funds to deal with water passed out of Appropriations—5 of foreign workers from the H–2B visa. I is important. them across this floor. I believe, with don’t know of any issue most recently Finally, for my own State—ex- some of the most contentious, like In- that has caused more consternation in tremely important—and at no cost to terior, our problem partly is our my office. I have had almost 100 calls the Federal Government, the Chicka- friends in the Senate who blocked up from all over the country saying that saws, the Choctaws, the city of Okla- the deal, but we could have still fin- they are very dependent on it; and our homa City, and the State of Oklahoma ished an omnibus bill this year. colleague, Congressman LONG from negotiated a water settlement arrange- I support this. I don’t think we made Missouri, said yesterday that it was ment inside of Oklahoma for the appro- a wise decision in the manner in which critical to the State of Missouri to get priate distribution of water. That re- we are proceeding, but, certainly, we this in. Unfortunately, we were unable quires Federal approval because there don’t want to shut down the govern- to do that. is a trust responsibility. We got the ment. I just want to serve notice to my I reserve the balance of my time. deal done, frankly, relatively late this friends who made the decision that I Mr. WOODALL. Mr. Speaker, I yield year. We got tremendous cooperation am going to hold their feet to the fire 5 minutes to the gentleman from Okla- in Congress and in the Senate. Cer- so that, in April, we actually do what homa (Mr. COLE), a member both of the tainly, JIM INHOFE played a big role we said we were going to do and that Rules Committee and a subcommittee over there by getting it in the bill in we go back to regular order. chairman on the Appropriations Com- order to get that memorialized and Mr. Speaker, I urge the passage of mittee. done in an expeditious fashion. We are the rule and the underlying legislation. Mr. COLE. I thank my good friend for very grateful for that. Ms. SLAUGHTER. Mr. Speaker, I being so generous in yielding me the When it comes to the CR, I certainly yield 3 minutes to the gentlewoman time. support the CR, and I certainly appre- from California (Ms. MATSUI). Mr. Speaker, I rise in support of both ciate very much the work that Chair- Ms. MATSUI. I thank my colleague the rule and the underlying legislation. man ROGERS and Ranking Member for yielding me time. I begin by sharing my friend from LOWEY did to adjust, as much as pos- Mr. Speaker, I rise to address my Georgia’s enthusiasm for the WRDA sible, this short-term funding measure concerns regarding WRDA. My home bill. I think this was an absolutely to try and deal with what we call district of Sacramento is the most at- masterful piece of work by three chair- around here ‘‘anomalies’’ and try to risk major American city for flooding, men. Obviously, primarily, Chairman get the money to where it is supposed and with the damaging effects of our SHUSTER is the architect; but I was also to go. There are many good things, changing climate, that risk is not working with him on several important again, in this short-term funding bill going away. We sit at the confluence of Indian issues and with Chairman through April 28, my birthday, so per- two great rivers, making flood control BISHOP from the Committee on Natural haps this will work out in the end. Of absolutely essential for the safety of Resources and, on the Flint issue in course, it is also Saddam Hussein’s my constituents. That is why I have particular, with Chairman UPTON from birthday, so that doesn’t always work worked diligently for years to ensure Energy and Commerce. out too well. we are making the investments we I share my friend’s belief that these At the end of the day, we ought to need to protect our region; but our lev- projects have been worked through in a look at this process. I find myself in ees are aging, which is why I have bipartisan way. Many, many good agreement with my good friend from worked so strongly and fought for the things, literally, in every part of the New York on many of the things that inclusion of two projects in this bill: country will take place, and our friends she had to say. We should be negoti- the American River Common Features on the other side of the aisle were very ating an omnibus bill. We have the and the West Sacramento projects. cooperative in that as well. This is usu- time to do it. We were told, when we Combined, these projects will result in ally a bipartisan effort. It certainly passed the short-term CR in late Sep- almost $3 billion worth of lifesaving in- was in this case. tember, that that is what we would do vestments in my region. I am very pleased about Flint. There in this timeframe. I can assure you, be- This isn’t just about protecting a few was, frankly, failure at every level of cause they did it last year, that Chair- buildings. The area that these projects government—Federal, State, and local. man ROGERS and Ranking Member support protect upwards of 400,000 peo- I am glad that the Congress is fol- LOWEY could do it again this year. We ple. It includes four major highway lowing up on the commitment of the are pretty close on all of these issues. systems, an international airport, the Speaker and of our good friend from It is a mistake, in my view, to push State capitol, and a major water and Michigan (Mr. KILDEE), who has been this into next year. Next year, we will electric grid. the leader, obviously, in this and is have to write the FY18 budget and do This is about protecting the future of doing the right thing there. the appropriations while we are simul- my beloved city of Sacramento, which Again, the water projects, them- taneously doing this, and the tempta- is why I am so disappointed that selves, touch almost every district in tion will be very great to just do an- WRDA has become a vehicle for a poi- the country—certainly, every State in other CR and pass this on. son pill. The drought language that the country. While all of this seems like budget was airdropped into this bill at the last I want to particularly point out the double-talk to the average American, minute pits one region of California Indian provisions in here, which often the reality is we have passed a lot of against another. It will be detrimental get overlooked. We did some really im- good legislation this year, but the to northern California’s economy and portant things in working with Mr. funding isn’t matched up with the leg- environment, and I am concerned BISHOP and Mr. SHUSTER in common. islation that we have passed. That is about its impact on our region’s water We settled a number of really impor- because we are relying on a continuing supply. tant individual Indian water case resolution as opposed to doing the real I share my colleagues’ concerns issues. I think the Pechanga case, for hard work of appropriations. Last year, about the drought, but we need to work instance, which I know my friend the when we did that, by the way, it pro- together on a solution that takes the

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.007 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7406 CONGRESSIONAL RECORD — HOUSE December 8, 2016 well-being of every part of our State State of Pennsylvania, and across coal Ms. SLAUGHTER. Mr. Speaker, I into account. It is extremely unfortu- country are facing a complete loss of yield 1 minute to the gentlewoman nate that WRDA is being used as a ve- their health and pension benefits dur- from California (Ms. PELOSI), the Dem- hicle for legislation that we should ing 2017. It breaks the long-time prom- ocrat leader. consider as a stand-alone bill, espe- ise between the coal industry, its work- Ms. PELOSI. Mr. Speaker, I thank cially given the careful bipartisan ers, and the Federal Government. the gentlewoman for yielding and for work that our colleagues have put into The continuing resolution before us her superior service on the Rules Com- this legislative package. purports to fix this problem by ensur- mittee. Mr. WOODALL. Mr. Speaker, I yield ing that 16,300 miners who would lose Mr. Speaker, across America today, myself such time as I may consume. their health care on December 31 are hardworking people and seniors find I thank my friend from California for taken care of. However, this is only a that their retirement security is under her comments. short-term Band-Aid, 4-month patch threat and in doubt. Congress has a re- She is absolutely right. I talked so for health care, which leaves miners sponsibility to strengthen Americans’ much about the economics of WRDA, worse off in April than they are today. retirement security, and we dishonor and she talked about the truly life- Most importantly, this CR does abso- that responsibility with the half meas- saving aspects of WRDA. We are talk- lutely nothing to solve the pension ure for coal miners in the CR today— ing about flood control in so many of problem—this in return for a lifetime less than a half measure. these projects. She mentioned the West of hard and dangerous work. I commend Congressman CARTWRIGHT Sacramento projects in California. Just There are actual long-term solutions of Pennsylvania. He knows full well the going through California alone, Mr. available that this body should be con- contribution that the coal miners have Speaker, the American River Common sidering. The Miners Protection Act made to our economy. He knows the Features project, the San Diego Coun- would fix both the health care and pen- stress that they are under from what is ty storm risk reduction project, the sions for miners permanently. I repeat, happening now and how this is exacer- South San Francisco Bay Shoreline it fixes the problems permanently. bated by the continuing resolution. project, the Los Angeles River project Mr. Speaker, there is absolutely no Mr. Speaker, 22,500 coal miners in are all being worked through and ap- reason for the short-term patch the Pennsylvania, West Virginia, Ohio, and proved. These projects are not just majority is proposing here today. Min- across coal country are facing a com- going to put people to work. These ers across Pennsylvania have risked plete loss of their health and pension projects are going to make people their health and safety to secure better benefits in 2017. However, the con- safer. lives for their families. They have dedi- tinuing resolution offers these men and I thank my colleague for recognizing cated their careers to ensuring that women only a short term. that and for helping to celebrate that U.S. factories have the energy to con- Senator MANCHIN has been making with me. tinue to work and that our homes, the pitch, and many of us have joined I reserve the balance of my time. schools, and workplaces can keep their him, that these health and pension Ms. SLAUGHTER. Mr. Speaker, if we lights on. This country became a great benefits should be in our legislation at can defeat the previous question this country on the backs of our hard- least for 5 years, preferably in per- morning, I will offer an amendment to working coal miners. We should not be petuity. the rule to bring up legislation that turning our backs on them now. What the CR says is: not in per- would set aside excess funds from the Mr. Speaker, the great American petuity, not in 5 years—for 4 months; Abandoned Mine Land fund for the lawyer, Clarence Darrow, came to for 4 months and only health benefits, miners’ health benefits and pension Scranton in the midst of one of these completely ignoring the pension part of plans. We must do everything we can coal strikes, and he got to know the it. to protect the benefits that our hard- coal miners. Here is what he said about Coal miners are on the Hill today to working miners have earned through- them: make their case, to tell their personal out the years. These are men who toil while other men stories about how this has affected Mr. Speaker, I ask unanimous con- grow rich, men who go down into the Earth them. After a lifetime of service and in and face greater dangers than men who go sent to insert the text of the amend- out upon the sea or out upon the land in bat- a culture built around that industry, ment in the RECORD, along with extra- tle, men who have little to hope for, little to they trusted that their pension and neous material, immediately prior to think of excepting work. These are men, men their health benefits would be there. the vote on the previous question. like any others, who, in the midst of sorrow, But their companies went bankrupt. The SPEAKER pro tempore. Is there travail, and a severe and cruel crisis, de- Think of this, my colleagues. If you, objection to the request of the gentle- meaned themselves as nobly, as bravely, as anyone in your family, or any of your woman from New York? loyally as any body of men who ever lived constituents were working a lifetime in There was no objection. and suffered and died for the benefit of the a company, in an industry, and that generations that are yet to come. Ms. SLAUGHTER. Mr. Speaker, I company went bankrupt, and the an- Darrow was right, Mr. Speaker. We yield 5 minutes to the distinguished swer to you is: Tough luck. We went need to protect the health care and gentleman from Pennsylvania (Mr. bankrupt. Your pension went down the pensions of our miners and create new CARTWRIGHT). drain. Mr. CARTWRIGHT. I thank the gen- jobs throughout our coal regions. The It is absolutely criminal. It is abso- commonsense, bipartisan Miners Pro- tlewoman from New York. lutely criminal. Mr. Speaker, 70 years ago, United tection Act would give miners across The CR offers a short-term, 4-month Mine Workers of America President Pennsylvania and the rest of coal coun- patch for health care and leaves the John L. Lewis—a lifetime Republican— try the peace of mind of knowing that miners worse off in April than they are the retirements they worked all of crossed party lines to work with Presi- now. their lives for are secure. dent Roosevelt and his administration I thank Senator MANCHIN for taking Mr. Speaker, we cannot continue to to make a deal to end a nationwide the lead in such a forceful way, and I fix our partisan spending issues at the coal strike. The deal ended up prom- thank MATT CARTWRIGHT for leading us expense of the American worker. We ising health and pension benefits for here. have to keep the promises we made to miners in this country in exchange for In hope that we could defeat this our hardworking men and women. That rule, I urge my Republican colleagues their lifetime of hard work. It was a is why I urge my colleagues to do just who are from coal country in Ohio, promise that the Federal Government that and agree to this motion to defeat Pennsylvania, West Virginia—and coal has kept since then. Every year, no the previous question so that we can country goes beyond. Virginia is one of matter who the President is, no matter bring up and include important legisla- who is in control of the Congress, it is tion to protect our coal miners’ pen- the biggest coal-producing States, a promise that our Nation has kept sions and health care. though you might not realize it. The every single year for 70 years; but, Mr. CR does nothing, does nothing to solve Speaker, that is about to change. b 0945 the critical pension problem that Right now, 22,500 coal miners in West Mr. WOODALL. Mr. Speaker, I re- threatens the future of these miners Virginia, in Ohio, in my own home serve the balance of my time. and their families.

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.008 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7407 With our previous question, Demo- some coal companies shed dues-paying to make sure those healthcare benefits crats, led by Congressman CARTWRIGHT, workers and others filed for bank- continue. And I am proud that we, in a are calling on Republicans to do better. ruptcy protection.’’ bipartisan, bicameral way, found those We should be voting on commonsense, Mr. Speaker, this isn’t unique to coal dollars to do that right thing. bipartisan legislation that would give country. The promises are unique to With that, I reserve the balance of miners in coal country the peace of coal country, but bankruptcy is not my time. mind of knowing that their retire- unique to coal country. What is unique Ms. SLAUGHTER. Mr. Speaker, I ments that they worked for all their about the bankruptcy in coal country yield 3 minutes to the gentlewoman lives are secure. is that institutions like this helped to from Texas (Ms. JACKSON LEE). Mr. MCKINLEY of West Virginia, a Re- drive it along. Ms. JACKSON LEE. Mr. Speaker, I publican, has led the way with the Min- Mr. Speaker, what you haven’t heard thank the gentlewoman from New ers Protection Act. It is a bipartisan in this absolutely heartbreaking tale is York for her continued leadership, and bill. It has 87 cosponsors, and we would the government’s complicity through let me also acknowledge my support of like to defeat this rule so that we can shedding of dues-paying workers and her stance on the previous question bring up Mr. MCKINLEY’s Miners Pro- driving companies into bankruptcy, and the eloquence of Mr. CARTWRIGHT tection Act. that the coal coming out of the ground on a very, very important issue. I rise The bipartisan bill would transfer in America today is being brought out to be part of that. funds in excess of the amounts needed of the ground by companies that are Let me also join my good friend from to meet existing legislation under the being forced into bankruptcy today. Oklahoma (Mr. COLE) who said that the Abandoned Mine Land fund to the But that this continuing resolution, appropriators did their work. The United Mine Workers 1974 pension plan while a partial fix, is a 100 percent fix American people need to know that. to prevent its insolvency. The funds for the duration of the continuing reso- That is regular order, that the appro- are there. They just need to be trans- lution. priation bills should have come for- ferred. Mr. MCKINLEY’s bill does that. My friend from Pennsylvania (Mr. ward, and the needs of the American Make certain retirees who lose CARTWRIGHT) is my friend, and what he people, through their Representatives healthcare benefits following the bank- says when he is talking passionately in the people’s House, should have been ruptcy or insolvency of his or her em- about the lives and what we can do to addressed. That is not the case, Mr. ployer eligible for benefits. make a difference in the lives of retired Speaker. As these families head toward the miners, he says with 100 percent heart- So I rise with deep concern—one, as a holiday season, we must ensure they felt sincerity, and I am grateful to him neighbor to Louisiana, which I know can celebrate knowing that the health for it. that funds are being allocated, but I re- and pension benefits they earned—they And my friend from West Virginia alize the devastation there; but also as have earned—will always be there for (Mr. MCKINLEY), whose legislation is a Representative of the State of Texas them. the subject of this motion, believes in and the 18th Congressional District, I was disappointed that, in the CR, these people, believes in work, believes where we face a continuous barrage of we did not have an extender for some in commitment to promises like no one rains and flooding, that we need con- renewable initiatives, renewable alter- else in this institution, and I am proud tinued relief from flooding and, of natives. But we were told by the to call him a friend as well. course, the additional amendment that Speaker’s Office that our guys are fos- Mr. Speaker, there is absolutely no I had passed in the Energy and Water sil fuel guys. They are not interested in question in my mind that we have a Appropriations to finally do a study of the renewables. shared commitment, shared values, and Houston’s bayous. I am not going to Okay. I respect that. If you are fossil we will find a shared solution. give up on that. fuel guys, why aren’t you looking out I am reminded that the last time I Now, there is money here on a short- for the fossil fuel people who have found myself in this situation a friend term basis for the Army Corps of Engi- worked under dangerous circumstances of mine from Michigan was standing neers’ community development block for their lives, going into unsafe situa- right over there at that podium. He too grant, the $1 billion for Federal High- tions, breathing air that has created had a motion: if we defeated the pre- way Administration, but we don’t problems for their health, and now the vious question, he would offer to help know whether these moneys will, in companies have declared bankruptcy the people of Flint. And I stood here at fact, be able to solve the problems that or insolvency. Tough luck for the this microphone and said to my friend we have. So regular order would have workers. that he had a shared concern, that he been appropriate. Mr. MCKINLEY knows that is not had a concern that was on the hearts of I know that the Senate asked for $240 right. That is why he introduced the all of us in this institution, and that million-plus for Flint, a place where I bill. Mr. CARTWRIGHT knows that is not we would come back and address his have traveled to more than one time. I right. That is why he is supporting the concern, though the forum was not this know our good friend from Michigan, bill. And that is why Democrats come one today. Congressman KILDEE, has laid himself to the floor today to urge Republicans With no sense of irony at all, Mr. on the line for those people. There is to express their concern for their con- Speaker, I tell you that this underlying $100 million here. They need $200 mil- stituents in the fossil fuel industry to bill has those dollars for Flint in it lion-plus now—now. do justice to them for the service they today, that the authorization for those This bill goes until April of 2017; and, have provided for the benefits, pension, projects are in the underlying bill frankly, I would argue that there are and health care they are entitled to. today. emergency instances where we need the So we will see what the commitment So I say to my friend from Pennsyl- full funding, and that is what is wrong is of the Republicans in Congress to the vania, as I said to my friend from with this CR. It is a compromise to go fossil fuel guys and gals. We will see on Michigan, this is absolutely a shared down even worse in April. That is my their vote here today. concern. I am frustrated about how we fear. It is a compromise to undermine Vote ‘‘no’’ on the bill so we can vote got here, and I believe we are going to employees of the Federal Government ‘‘yes’’ on the McKinley Miners Protec- disagree about where blame lies in how in April. Who knows what will be on tion Act. we got here. How we fix it, however, is the horizon. Mr. WOODALL. Mr. Speaker, I yield not dependent on who is to blame for So this is not the response that we myself such time as I may consume. getting here. How we fix it is depend- need for the American people. This is Mr. Speaker, I am quoting from The ent on our shared commitment to get- not regular order. This is not full fund- Washington Post. It says, ‘‘The United ting it done. ing. This does not allow for amend- Mine Workers of America’s retirement This is not the bill for that long-term ments. and health-care funds currently sup- fix. We have not had those long-term And then let me say this, Mr. Speak- port about 120,000 former miners and conversations, Mr. Speaker, but we do er. The last time we provided a waiver their families nationwide, but the ac- have a 100 percent commitment for the for a general—I think everybody can count balances have rapidly declined as duration of the continuing resolution read their history books, and they

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.009 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7408 CONGRESSIONAL RECORD — HOUSE December 8, 2016 know who General George C. Marshall lead to flooding, as it should have been if that fund local and state programs and was, in 1950. We have not done that now Congress had followed regular order for the projects that include infrastructure, education, for 66 years. Where is the oversight of appropriations’ process, the efforts to address food programs and much more. Congress? As a member of the Judici- flooding issues such what was seen in Hous- This haphazard appropriations process also ary Committee, to be able to imple- ton over the last three years is essential to causes problems and uncertainty for compa- ment a waiver willy-nilly in the CR— saving lives and property. nies and businesses that provide goods and no hearings, no legislation, no under- The Jackson Lee Amendment .to H.R. services to the federal government. standing. 5055, the Energy and Water Appropriations There is a definitive core in the Further, this rule keeps in place sequestra- Act which will help facilitate the $3 million tion the most damaging and fiscally American psyche and the constitu- needed to fund the Army Corps of Engineers’ tional premise of the civilian-military irrespirable thing done by the 114th Congress Houston Regional Watershed Assessment to the American people. relationship, that there is a separation. flood risk management feasibility study. The SPEAKER pro tempore. The When funding is appropriated for this type of Under the conditions that the two bills under time of the gentlewoman has expired. project the Army Corps of Engineers will con- this rule have been managed by the leader- Ms. SLAUGHTER. I yield an addi- duct the first water system studies that looks ship of the House, it would have benefited tional 30 seconds to the gentlewoman at all factors that contribute to flooding not from amendments to make improvements to from Texas. only in the City of Houston, but around the na- the bill. Ms. JACKSON LEE. To be able to de- tion. Because this bill changes a law that has fend the Nation, we have the military. Should the funding become available a spe- nothing to do with appropriations, it would They are excellent. I am sure ‘‘Mad cial emphasis of the study if conducted in have been beneficial to allow the House to Dog’’ Mattis is excellent. But a waiver? Houston would covers 22 primary watersheds clearly speak to this single issue through the Is this going to be the administration within Harris County’s 1,756 square miles, will amendment process, which would support de- of waivers? be placed on extreme flood events that ex- bate and a clear affirmation for the change in We have already heard from the top ceed the system capacity resulting in impacts law governing the appointment of the Sec- Democrat in the Senate, changing the to asset conditions/functions and loss of life. retary of Defense. rules governing nominations he op- Because of this Jackson Lee Amendment to Senate Amendment to H.R. 2028 also does poses. We know that, changing the authorize flood studies, I know that the WIIN something very serious, which has nothing to rules in a CR, we should oppose. This is and WRDA bills could have been improved do with funding the federal government. not regular order or regular legisla- through amendments; unfortunately, this rule tion. This is a continuing resolution. This short term CR has language that For the American people, let me tell does not allow amendments. changes the number of years a retired mem- I am a strong proponent of regular order you what is happening. They are trying ber of the armed services must wait before and for the House to take seriously its respon- to ease under the door a process of being considered for the position of Secretary sibility to fund the federal government in a re- eliminating the basic principle of sepa- of Defense. sponsible and prudent manner. rating the fact that you are in the The bill’s critical imperfection has nothing to The leadership of the House is using the military and you must have a separate do with funding the federal government—it is last days the 114th Congress will be in ses- period of time before you come into ci- a change in law that would allow a retired mili- sion to do appropriations work that should vilian leadership. tary person to serve after only 3 years of re- This is a bad process, a bad bill. Let’s take 8 months to complete in a regular appro- tirement instead of 7. not fool the American people. Let’s priations process. If we do not act, and pass this bill—the fed- The service to our nation and the honor and treat them with fairness. This is eral government would be under threat of integrity of the person under consideration at wrong. present to be the next Secretary of Defense is Mr. Speaker, I rise today to speak in opposi- shutting down. The fiscal year of the Federal government not in question—it is the reason why there is tion to the Rule for Senate Amendment to for 2016 ended on September 30, and the Fis- a waiting period and why that is important. H.R. 2028, the ‘‘Energy and Water Develop- cal Year for 2017 began on October 1, 2016. By placing this change in a continuing reso- ment and Related Agencies Appropriations The use of Continuing Resolutions was his- lution—a bill designed not to allow more than Act, 2016.’’ an hour of debate and not changes is not the I oppose this rule for four reasons: torically used for the few bills that did not fin- vehicle we should use to make this change. This rule does not follow the regular order ish the full legislative process prior to process for House consideration of each ap- October 1. If President Obama has suggested a propriations bill; allow the full funding of the Now Continuing Resolutions and Omnibus change in law to be accomplished in a con- federal government for fiscal year 2017; allow Appropriations bills are an annual part of the tinuing resolution appropriations bill his re- for amendments; and support a long standing House budget and appropriations process— quest would have been denied. prohibition of not legislating on an appropria- this is wrong and I will work in the next Con- The politicization of the legislative process tions bill. gress to make sure that we are focused on has seriously undermined the credibility of the The rule before the House addresses con- bringing transparency back to the budgetary Congress to do the important work of funding sideration of the Water Infrastructure Improve- and appropriations process by following reg- the federal government. ments for the Nation (WIIN) Act, which in- ular order. Mr. Speaker, I am disappointed that we cludes the Water Resources Development Act Mr. Speaker, Senate Amendment to H.R. have again been placed in the position of hav- (WRDA) of 2016, and a Continuing Resolution 2028, ‘‘Energy and Water Development and ing to fund the government through the device to fund the federal government until April 28, Related Agencies Appropriations Act, 2016,’’ of a continuing resolution rather through the 2017. which extends current Fiscal Year 2017 gov- normal appropriations process of considering The WIIN Act, which contains the WRDA ernment funding through April 28, 2017, at its and voting on the twelve separate spending Act, authorizes much needed water projects current rate, which includes an across-the- bills reported by the Committee on Appropria- around the nation that will improve water re- board cut of .19% for all accounts, defense tions. and non-defense. sources infrastructure. The use of this appropriations measure to On April 17–18, 2016 Houston experienced The federal government operates under further a political objective adds further insult a historic flood event that claimed the lives of budgetary and authorization constraints that to this body and the appropriations process. eight people; damaged over 1,150 house- cannot be met if administrators of agencies holds; disrupted hundreds of businesses; are unable to plan because they do not know There are oversight committees with the closed community centers, schools, and what their funding levels will be from year to knowledge, expertise and experience to make places of worship due to flood waters. year. the determination on whether this change is I appreciate the support I received from the This short term Continuing Resolution does prudent and if they determine that it is—to Transportation Infrastructure Committee, which the most harm to Fiscal Year 2017 because make the appropriate changes in law. authorized projects that directs the Army we have already passed one CR and now this Mr. Speaker, I ask that my colleagues join Corps of Engineers to conduct studies into the body is about to pass another that will end in me in opposition to this Rule and in support of conditions that lead to flooding. April. Congress returning to regular order for the Although the funding has not been appro- This creates uncertainty not only for the consideration of authorization and appropria- priated to conduct studies on conditions that work of federal agencies, but for programs tions bills.

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 4634 Sfmt 9920 E:\CR\FM\K08DE7.010 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7409 [From CQ Roll Call, Dec. 6, 2016] ‘‘Trying to jam an historic change like this seas, ships that will not be allowed into NEW CR WOULD EASE CONFIRMATION FOR through on a year-end spending bill, or many of our ports unless we have an MATTIS changing the rules before a serious debate expansion. This bill will allow the ex- can take place, is not the way to conduct the (by John M. Donnelly) pansion of Port Everglades to go for- people’s business,’’ Reed said. ‘‘Surely, at the The new stopgap spending bill would clear very least, it is worth having bipartisan ward. a path for lawmakers to exempt President- hearings and debate before taking any action Mr. Speaker, I just want to let you elect Donald Trump’s Defense secretary that could unintentionally disrupt the long know that it has taken us 20 years to nominee from a law requiring a seven-year established principle of civilian control of get this authorized. So when I say this waiting period before retired military offi- the military.’’ is a big win, this is a big economic win cers can take that job. New York Democrat Charles E. Schumer, for south Florida because we expect, Many Democrats oppose the move and they the Senate’s incoming minority leader, told could make trouble for the continuing reso- with the expansion 7,000 new jobs, reporters prior to release of the new spend- 135,000 indirect new jobs, and $500 mil- lution as a result, though it is unclear if ing legislation that the Mattis nomination they will risk a government shutdown to should not be ‘‘short-shrifted through a CR.’’ lion of economic impact for our State. make their point. ‘‘There should be a full process, and our Mr. Speaker, I urge my colleagues to The House expects to pass the CR on caucus feels very strongly about that,’’ support what will be a big win for our Thursday and the Senate on Friday, just in Schumer said. ‘‘And changing the rules in a country. time for President Barack Obama to sign the CR? That’s never been done before.’’ Ms. SLAUGHTER. Mr. Speaker, I bill into law and keep the federal govern- Along the same lines, in the House, Minor- yield myself the balance of my time. ment operating, as the current CR expires ity Leader Nancy Pelosi, D–Calif., said ear- I urge the majority, once again, to that day. lier in the day that using a CR to address a The new CR, unveiled Tuesday night, con- get back to regular order and get to forthcoming nomination would set a ‘‘ter- work on long-term appropriations to tains a provision that would expedite consid- rible precedent.’’ eration of legislation that would enable the ‘‘The American people are entitled to reg- end this long cycle of political Senate to confirm retired Marine Corps Gen. ular order and thoughtful scrutiny of nomi- brinksmanship. These short-term ap- James Mattis, Trump’s now-official pick for nees and any potential waivers,’’ Pelosi said. propriations stifle economic growth Pentagon chief, even though he retired from Likewise, the top Democrat on House In- and fail to provide stability to the military service three years ago. telligence, Californian Adam B. Schiff, said American people. CBS News has high- EXPEDITED PROCESS in a statement prior to the CR’s release: lighted that it costs the taxpayers an The provision provides that the Senate ‘‘Members of Congress would benefit from estimated $24 million a week just to may consider under expedited procedures knowing not only General Mattis’ views on run the House of Representatives. It is civilian control of the military, but who else legislation that would give Mattis an excep- disappointing that this session of Con- tion to a nearly decade-old law requiring a from the military the President-elect in- seven-year interlude after military service. tends to nominate for other key positions in gress is ending much the same way it The seven-year mandate was itself a short- his Cabinet. This ill-considered idea of rush- began, with taxpayers failing to get ened version of the original in-year require- ing to judgment and including the waiver in their money’s worth. ment in the National Security Act of 1947 a must-pass spending bill should be re- Mr. Speaker, I yield back the balance (PL 80–253), to which Congress granted an ex- jected.’’ of my time. ception only once, in 1950, in the case of Mr. WOODALL. Mr. Speaker, I say to Mr. WOODALL. Mr. Speaker, I yield Army Gen. George C. Marshall. my friend from New York that I do not myself such time as I may consume. The legislation to grant the exception can have any speakers remaining, and I am Mr. Speaker, I appreciate the kind be introduced in the first 30 days of the next words my friend from Florida just had Congress’s first session. It would have to prepared to close after she does. pass both houses, but the CR seeks to knock I reserve the balance of my time. to say about the WRDA bill. Twenty down possible dilatory procedures Democrats Ms. SLAUGHTER. Mr. Speaker, I am years was her testimony. Twenty years might use in the Senate. pleased to yield 3 minutes to the gen- the folks in south Florida have been The Senate Armed Services Committee tlewoman from Florida (Ms. FRANKEL). waiting for a solution. We came to that would have five days to report it. If they did Ms. FRANKEL of Florida. Mr. Speak- in a bipartisan way, bicameral way. If not do so, it would go straight to the floor er, I am very pleased to stand here in we support this rule, we are going to anyway. Once there, it would still require 60 support of the Water Infrastructure make that the law of the land. votes to pass, unless leaders of both parties Before I spend a little more time agreed to waive that requirement. Improvements Act for the Nation, also But the CR provision would knock down a known as WIIN, because this legisla- bragging about the content of the bill, number of other time-consuming procedural tion is a big win for my home State of Mr. Speaker, I have to tell you that hurdles. Florida. There are two projects in these things don’t happen by accident. The Senate would debate it for 10 hours. there that I would like to talk about: On the Committee on Transportation Arizona Republican John McCain, chair- the restoration of our Everglades and and Infrastructure alone, we have got a man of Senate Armed Services, had said ear- whole team of folks, again, who have lier Tuesday that it is critical to confirm a actually the expansion of Port Ever- glades, which is a different project. been working for not days, not weeks, new Defense secretary as soon as possible. not even months, but years on this ‘‘Apparently, Democrats are saying they b 1000 want to drag it out,’’ he said, referring to the final project. Our staff director on the confirmation process. ‘‘You can’t drag out Our Everglades is the crown jewel of Committee on Transportation and In- the secretary of Defense. . . . It’s absolutely Florida. We also call it the river of frastructure, Matt Sturges, tireless in disgraceful. It puts the nation’s security at grass. It is the home to an extraor- this effort; the subcommittee staff di- risk.’’ dinary natural habitat which attracts rector, Geoff Bowman; Collin McCune Democrats have said they will resist an at- thousands and thousands of visitors on the committee, working with every tempt to bobtail congressional debate over every year, but, more important, it is single member to make sure no balls the Mattis nomination and the larger issue where we store and clean the water for of civilian control of the military, which get dropped, that we don’t miss a sin- they believe deserves scrutiny. 7 million Floridians each year. Within gle opportunity to make a difference. Whether they will oppose the expedited WIIN is CEPP, Central Everglades You look at all the work that goes on process detailed in the CR provision remains Planning Project, which will continue behind the scenes, Mr. Speaker, and it to be seen. the promise of this Congress to restore culminates right here in just this 1 OPPOSITION TO RULE CHANGES the natural flow of our river of grass hour of debate. We have talked about Asked before the CR provision was un- that was interrupted years ago by Fed- what went on in California. We have veiled publicly whether the Mattis provision eral agencies. talked about what goes on in Florida; could doom the whole stopgap, incoming Also in this winning legislation is the in Texas, years waiting for the Brazos Senate Minority Whip Richard J. Durbin expansion of Port Everglades, one of Island Harbor project, Mr. Speaker, said: ‘‘I hope it doesn’t come to it . . . Florida’s premier ports. Last year I years waiting for the Upper Trinity There’s a strong sentiment opposing any was able to travel with our Committee River project, the Houston Ship Chan- rules changes in the CR.’’ Jack Reed of Rhode Island, the top Demo- on Transportation and Infrastructure nel. Thanks to WRDA, all of these crat on Senate Armed Services, said in a to Panama. We witnessed the opening projects are going to happen. Projects statement he opposes ‘‘changing the rules’’ of the canal, and we have seen the mas- in Alaska, New Hampshire, Maine, governing nominations. sive ships that are now traveling the Louisiana, North Carolina, Missouri,

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.004 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7410 CONGRESSIONAL RECORD — HOUSE December 8, 2016 Kansas, Washington all inside this bill, Mr. Clarence Cannon’s Precedents of the this 15-minute vote on ordering the all the result of individual members House of Representatives (VI, 308–311), de- previous question will be followed by 5- working together to make those a re- scribes the vote on the previous question on minute votes on adopting House Reso- ality. the rule as ‘‘a motion to direct or control the consideration of the subject before the House lution 949, if ordered; and suspending With the passage of this bill, Mr. being made by the Member in charge.’’ To the rules and passing H.R. 4919. Speaker, we are going to get back to a defeat the previous question is to give the The vote was taken by electronic de- regular order process, exerting our con- opposition a chance to decide the subject be- vice, and there were—yeas 234, nays stituents’ control over executive fore the House. Cannon cites the Speaker’s 181, not voting 18, as follows: branch agencies as it relates to water ruling of January 13, 1920, to the effect that [Roll No. 617] ‘‘the refusal of the House to sustain the de- projects. We are going to get back in YEAS—234 the habit of doing the annual work of mand for the previous question passes the Abraham Graves (LA) Palazzo coming together, looking at what the control of the resolution to the opposition’’ in order to offer an amendment. On March Aderholt Griffith Palmer national infrastructure priorities are of 15, 1909, a member of the majority party of- Allen Grothman Paulsen America, and getting about that busi- fered a rule resolution. The House defeated Amash Guinta Pearce Amodei Guthrie ness, prioritizing those projects, focus- the previous question and a member of the Perry Babin Hanna Pittenger ing on those projects, getting the red opposition rose to a parliamentary inquiry, Barletta Hardy Pitts tape out of the way, making sure we asking who was entitled to recognition. Barr Harper Poliquin are delivering for folks back home. Speaker Joseph G. Cannon (R–Illinois) said: Barton Harris Posey ‘‘The previous question having been refused, Benishek Hartzler Ratcliffe It has been a long time coming. Mr. Bilirakis Heck (NV) Speaker, I am not going to slow it the gentleman from New York, Mr. Fitz- Reed gerald, who had asked the gentleman to Bishop (MI) Hensarling Reichert down any longer. I ask all of my col- yield to him for an amendment, is entitled to Bishop (UT) Herrera Beutler Renacci Black Hice, Jody B. leagues to support this rule so that we the first recognition.’’ Ribble Blackburn Hill Rice (SC) can consider the underlying bills, and I The Republican majority may say ‘‘the Blum Holding Rigell vote on the previous question is simply a Bost Hudson ask all of my colleagues to cast an en- Roby vote on whether to proceed to an immediate Boustany Huelskamp thusiastic ‘‘yes’’ vote for those under- Roe (TN) vote on adopting the resolution . . . [and] Brady (TX) Huizenga (MI) Rogers (AL) lying bills. Brat Hultgren The material previously referred to has no substantive legislative or policy im- Rogers (KY) plications whatsoever.’’ But that is not what Bridenstine Hunter by Ms. SLAUGHTER is as follows: Brooks (AL) Hurd (TX) Rohrabacher they have always said. Listen to the Repub- Rokita AN AMENDMENT TO H. RES. 949 OFFERED BY Brooks (IN) Hurt (VA) lican Leadership Manual on the Legislative Buchanan Issa Rooney (FL) MS. SLAUGHTER Process in the United States House of Rep- Buck Jenkins (KS) Ros-Lehtinen At the end of the resolution, add the fol- resentatives, (6th edition, page 135). Here’s Bucshon Jenkins (WV) Roskam lowing new sections: how the Republicans describe the previous Burgess Johnson (OH) Ross SEC. 3. Immediately upon adoption of this question vote in their own manual: ‘‘Al- Byrne Johnson, Sam Rothfus resolution the Speaker shall, pursuant to though it is generally not possible to amend Calvert Jolly Rouzer clause 2(b) of rule XVIII, declare the House the rule because the majority Member con- Carter (GA) Jones Royce Russell resolved into the Committee of the Whole Carter (TX) Jordan trolling the time will not yield for the pur- Salmon House on the state of the Union for consider- Chabot Joyce pose of offering an amendment, the same re- Chaffetz Katko Sanford ation of the bill (H.R. 2403) to amend the sult may be achieved by voting down the pre- Coffman Kelly (MS) Scalise Surface Mining Control and Reclamation vious question on the rule. . . . When the Cole Kelly (PA) Schweikert Act of 1977 to transfer certain funds to the motion for the previous question is defeated, Collins (GA) King (IA) Scott, Austin Multiemployer Health Benefit Plan and the control of the time passes to the Member Collins (NY) King (NY) Sensenbrenner 1974 United Mine Workers of America Pen- who led the opposition to ordering the pre- Comer Kinzinger (IL) Sessions sion Plan. The first reading of the bill shall vious question. That Member, because he Comstock Kline Shimkus be dispensed with. All points of order against then controls the time, may offer an amend- Conaway Knight Shuster Cook Labrador Simpson consideration of the bill are waived. General ment to the rule, or yield for the purpose of Costa LaHood Smith (MO) debate shall be confined to the bill and shall amendment.’’ Costello (PA) LaMalfa Smith (NE) not exceed one hour equally divided among In Deschler’s Procedure in the U.S. House Cramer Lamborn Smith (NJ) and controlled by the chair and ranking mi- of Representatives, the subchapter titled Crawford Lance Smith (TX) nority member of the Committee on Ways ‘‘Amending Special Rules’’ states: ‘‘a refusal Crenshaw Latta Stefanik and Means and the chair and ranking minor- to order the previous question on such a rule Culberson LoBiondo Stewart ity member of the Committee on Natural Re- [a special rule reported from the Committee Curbelo (FL) Long Stivers on Rules] opens the resolution to amend- Davidson Loudermilk Stutzman sources. After general debate the bill shall be Davis, Rodney Love considered for amendment under the five- ment and further debate.’’ (Chapter 21, sec- Thompson (PA) Denham Lucas Thornberry minute rule. All points of order against pro- tion 21.2) Section 21.3 continues: ‘‘Upon re- Dent Luetkemeyer Tiberi jection of the motion for the previous ques- DeSantis Lummis visions in the bill are waived. At the conclu- Tipton tion on a resolution reported from the Com- DesJarlais MacArthur sion of consideration of the bill for amend- Trott Diaz-Balart Marchant ment the Committee shall rise and report mittee on Rules, control shifts to the Mem- Turner Dold Marino the bill to the House with such amendments ber leading the opposition to the previous Upton Donovan Massie as may have been adopted. The previous question, who may offer a proper amendment Valadao or motion and who controls the time for de- Duffy McCarthy question shall be considered as ordered on Duncan (SC) McClintock Wagner the bill and amendments thereto to final bate thereon.’’ Duncan (TN) McHenry Walberg Clearly, the vote on the previous question passage without intervening motion except Emmer (MN) McMorris Walden on a rule does have substantive policy impli- Walker one motion to recommit with or without in- Farenthold Rodgers cations. It is one of the only available tools Walorski structions. If the Committee of the Whole Fitzpatrick McSally for those who oppose the Republican major- Fleischmann Meadows Walters, Mimi rises and reports that it has come to no reso- ity’s agenda and allows those with alter- Fleming Meehan Weber (TX) lution on the bill, then on the next legisla- native views the opportunity to offer an al- Flores Messer Webster (FL) tive day the House shall, immediately after Westerman ternative plan. Fortenberry Mica the third daily order of business under clause Foxx Miller (FL) Williams 1 of rule XIV, resolve into the Committee of Mr. WOODALL. Mr. Speaker, I yield Franks (AZ) Miller (MI) Wilson (SC) the Whole for further consideration of the back the balance of my time, and I Frelinghuysen Moolenaar Wittman bill. move the previous question on the res- Garrett Mooney (WV) Womack Gibbs Mullin Woodall SEC. 4. Clause 1(c) of rule XIX shall not olution. Gibson Mulvaney Yoder apply to the consideration of H.R. 2403. The SPEAKER pro tempore (Mr. Gohmert Murphy (PA) Yoho YODER). The question is on ordering Goodlatte Neugebauer Young (AK) THE VOTE ON THE PREVIOUS QUESTION: WHAT the previous question. Gosar Newhouse Young (IA) IT REALLY MEANS The question was taken; and the Gowdy Noem Young (IN) This vote, the vote on whether to order the Granger Nugent Zeldin previous question on a special rule, is not Speaker pro tempore announced that Graves (GA) Nunes Zinke the ayes appeared to have it. merely a procedural vote. A vote against or- NAYS—181 dering the previous question is a vote Ms. SLAUGHTER. Mr. Speaker, on that I demand the yeas and nays. Adams Bera Boyle, Brendan against the Republican majority agenda and Aguilar Beyer F. a vote to allow the Democratic minority to The yeas and nays were ordered. Bass Bishop (GA) Brady (PA) offer an alternative plan. It is a vote about The SPEAKER pro tempore. Pursu- Beatty Blumenauer Brown (FL) what the House should be debating. ant to clause 8 and clause 9 of rule XX, Becerra Bonamici Brownley (CA)

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7411 Bustos Hastings O’Rourke short. We want to extend our deepest Rogers (AL) Shuster Walden Butterfield Heck (WA) Pallone condolences and prayers to the victims’ Rogers (KY) Simpson Walker Capps Higgins Pascrell Rohrabacher Smith (MO) Walorski Capuano Himes Payne families and their loved ones during Rokita Smith (NE) Walters, Mimi Ca´ rdenas Hinojosa Pelosi this anguishing time. We are in mourn- Rooney (FL) Smith (NJ) Weber (TX) Carney Honda Perlmutter ing for these young people. Ros-Lehtinen Smith (TX) Webster (FL) Carson (IN) Hoyer Roskam Stefanik Peters But know that Oakland residents are Westerman Cartwright Huffman Peterson Ross Stewart Williams Castor (FL) Israel Rothfus Stivers Pingree resilient, compassionate, and caring. Wilson (SC) Castro (TX) Jackson Lee Rouzer Stutzman Pocan We will continue to support all of our Wittman Chu, Judy Jeffries Polis Royce Thompson (PA) Cicilline Johnson (GA) residents during this very difficult Russell Thornberry Womack Price (NC) time with any recovery efforts. Woodall Clark (MA) Johnson, E. B. Quigley Salmon Tiberi Clarke (NY) Kaptur I ask the House to observe a moment Sanford Tipton Yoder Rangel Yoho Clay Keating Rice (NY) of silence. Scalise Trott Cleaver Kelly (IL) Young (AK) Roybal-Allard Schweikert Turner Cohen Kennedy The SPEAKER pro tempore (Mr. Scott, Austin Upton Young (IA) Ruiz Connolly Kildee Sensenbrenner Valadao Young (IN) Ruppersberger MCCARTHY). Without objection, 5- Conyers Kilmer Sessions Wagner Zeldin Rush minute voting will continue. Cooper Kind Shimkus Walberg Zinke Ryan (OH) Courtney Kuster There was no objection. Sa´ nchez, Linda Crowley Langevin The SPEAKER pro tempore. The NAYS—180 T. Cuellar Larsen (WA) Sarbanes question is on the resolution. Adams Gabbard Napolitano Cummings Larson (CT) Schakowsky The question was taken; and the Aguilar Gallego Neal Davis (CA) Lawrence Schiff Bass Garamendi Nolan Davis, Danny Lee Speaker pro tempore announced that Beatty Graham Schrader Norcross DeFazio Levin the ayes appeared to have it. Becerra Grayson Scott (VA) O’Rourke DeGette Lewis Bera Green, Al Scott, David Ms. SLAUGHTER. Mr. Speaker, on Pallone Delaney Lieu, Ted Beyer Green, Gene Serrano that I demand the yeas and nays. Pascrell DeLauro Lipinski Bishop (GA) Grijalva Sewell (AL) Payne DelBene Loebsack The yeas and nays were ordered. Blumenauer Gutie´rrez Sherman Pelosi DeSaulnier Lofgren Bonamici Hanabusa Sinema The SPEAKER pro tempore. This Perlmutter Deutch Lowenthal Boyle, Brendan Hastings Sires will be a 5-minute vote. Peters Dingell Lowey F. Heck (WA) Slaughter Peterson Doggett Lujan Grisham The vote was taken by electronic de- Brady (PA) Higgins Smith (WA) Pingree Doyle, Michael (NM) vice, and there were—yeas 235, nays Brown (FL) Himes Speier Pocan F. Luja´ n, Ben Ray 180, not voting 18, as follows: Brownley (CA) Hinojosa Duckworth (NM) Swalwell (CA) Bustos Honda Polis Edwards Lynch Takano [Roll No. 618] Butterfield Hoyer Price (NC) Ellison Maloney, Thompson (CA) YEAS—235 Capps Huffman Quigley Engel Carolyn Thompson (MS) Capuano Israel Rangel Abraham Duncan (TN) Eshoo Maloney, Sean Titus Knight Ca´ rdenas Jackson Lee Rice (NY) Aderholt Emmer (MN) Esty Matsui Tonko Labrador Carney Jeffries Roybal-Allard Allen Farenthold Evans McCollum Torres LaHood Carson (IN) Johnson (GA) Ruiz Amash Fitzpatrick Farr McDermott Tsongas LaMalfa Cartwright Johnson, E. B. Ruppersberger Amodei Fleischmann Foster McGovern Vargas Lamborn Castor (FL) Kaptur Rush Babin Fleming Frankel (FL) McKinley Veasey Lance Castro (TX) Keating Ryan (OH) Barletta Flores Latta Fudge McNerney Vela Chu, Judy Kelly (IL) Sa´ nchez, Linda Barr Fortenberry LoBiondo Gabbard Meeks Vela´ zquez Cicilline Kennedy T. Barton Foxx Long Gallego Meng Visclosky Clark (MA) Kildee Sarbanes Benishek Franks (AZ) Loudermilk Garamendi Moore Walz Clarke (NY) Kilmer Schakowsky Bilirakis Frelinghuysen Love Graham Moulton Wasserman Clay Kind Schiff Bishop (MI) Garrett Grayson Murphy (FL) Schultz Lucas Cleaver Kuster Bishop (UT) Gibbs Schrader Green, Al Nadler Waters, Maxine Luetkemeyer Cohen Langevin Black Gibson Scott (VA) Green, Gene Napolitano Watson Coleman Lummis Connolly Larsen (WA) Blackburn Gohmert Scott, David Grijalva Neal Welch MacArthur Conyers Larson (CT) Blum Goodlatte Serrano Gutie´rrez Nolan Wilson (FL) Marchant Cooper Lawrence Bost Gosar Sewell (AL) Hanabusa Norcross Yarmuth Marino Courtney Lee Boustany Gowdy Sherman Massie Crowley Levin NOT VOTING—18 Brady (TX) Granger Sinema McCarthy Cuellar Lewis Brat Graves (GA) Sires Ashford Graves (MO) Price, Tom McClintock Cummings Lieu, Ted Bridenstine Graves (LA) Slaughter Clawson (FL) Kirkpatrick Richmond McHenry Davis (CA) Lipinski Brooks (AL) Griffith Smith (WA) Clyburn McCaul Sanchez, Loretta McKinley Davis, Danny Loebsack Brooks (IN) Grothman Speier Ellmers (NC) Olson Van Hollen McMorris DeFazio Lofgren Buchanan Guinta Swalwell (CA) Fincher Poe (TX) Wenstrup Rodgers DeGette Lowenthal Buck Guthrie Takano Forbes Pompeo Westmoreland McSally Delaney Lowey Bucshon Hanna Thompson (CA) Meadows DeLauro Lujan Grisham Burgess Hardy Thompson (MS) b 1031 Meehan DelBene (NM) Byrne Harper Messer DeSaulnier Luja´ n, Ben Ray Titus So the previous question was ordered. Calvert Harris Mica Deutch (NM) Tonko The result of the vote was announced Carter (GA) Hartzler Miller (FL) Dingell Lynch Torres Carter (TX) Heck (NV) as above recorded. Miller (MI) Doggett Maloney, Tsongas Chabot Hensarling (By unanimous consent, Ms. LEE was Moolenaar Doyle, Michael Carolyn Vargas Chaffetz Herrera Beutler Mooney (WV) F. Maloney, Sean Veasey allowed to speak out of order.) Coffman Hice, Jody B. Mullin Duckworth Matsui Vela MOMENT OF SILENCE FOR VICTIMS OF OAKLAND Cole Hill Mulvaney Edwards McCollum Vela´ zquez Collins (GA) Holding WAREHOUSE FIRE Murphy (PA) Ellison McDermott Visclosky Collins (NY) Hudson Ms. LEE. Mr. Speaker, today I rise Neugebauer Engel McGovern Walz Comer Huelskamp Newhouse Eshoo McNerney Wasserman with a very heavy heart. Last weekend, Comstock Huizenga (MI) Noem Esty Meeks Schultz my home city of Oakland, California, Conaway Hultgren Nugent Evans Meng Waters, Maxine Cook Hunter suffered a horrific tragedy. Constitu- Nunes Farr Moore Watson Coleman Costa Hurd (TX) Palazzo ents from Congressman SWALWELL’s Foster Moulton Welch Costello (PA) Hurt (VA) Palmer Frankel (FL) Murphy (FL) Wilson (FL) district and Congressman Cramer Issa Paulsen Fudge Nadler Yarmuth DESAULNIER’s district suffered a tre- Crawford Jenkins (KS) Pearce mendous tragedy and were killed. A Crenshaw Jenkins (WV) Perry NOT VOTING—18 Culberson Johnson (OH) Pittenger Ashford Graves (MO) Price, Tom devastating fire at an artist collective Curbelo (FL) Johnson, Sam Pitts Clawson (FL) Kirkpatrick Richmond warehouse in the Fruitvale neighbor- Davidson Jolly Poliquin Clyburn McCaul Sanchez, Loretta Davis, Rodney Jones Posey hood in Oakland killed 36 young, tal- Ellmers (NC) Olson Van Hollen Denham Jordan Ratcliffe ented individuals. Fincher Poe (TX) Wenstrup Dent Joyce Reed Forbes Pompeo Westmoreland I want to first thank my colleagues, DeSantis Katko Reichert all of you, for your condolences and of- DesJarlais Kelly (MS) Renacci fers of assistance. Diaz-Balart Kelly (PA) Ribble b 1042 These were young men and women Dold King (IA) Rice (SC) Mr. JOHNSON of Georgia changed his Donovan King (NY) Rigell who had their whole futures ahead of Duffy Kinzinger (IL) Roby vote from ‘‘yea’’ to ‘‘nay.’’ them. Their lives were tragically cut Duncan (SC) Kline Roe (TN) So the resolution was agreed to.

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.006 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7412 CONGRESSIONAL RECORD — HOUSE December 8, 2016 The result of the vote was announced Kline Neal Serrano b 1050 Knight Newhouse Sessions as above recorded. Kuster Noem Sewell (AL) Mr. GROTHMAN changed his vote A motion to reconsider was laid on LaHood Nolan Sherman from ‘‘nay’’ to ‘‘yea.’’ the table. LaMalfa Norcross Shimkus So (two-thirds being in the affirma- Lamborn Nugent Shuster tive) the rules were suspended and the f Lance Nunes Simpson Langevin O’Rourke Sinema bill, as amended, was passed. KEVIN AND AVONTE’S LAW OF 2016 Larsen (WA) Pallone Sires The result of the vote was announced Larson (CT) Pascrell Slaughter as above recorded. The SPEAKER pro tempore (Mr. Latta Paulsen Smith (NE) A motion to reconsider was laid on DOLD). The unfinished business is the Lawrence Pelosi Smith (NJ) Lee Perlmutter Smith (TX) the table. vote on the motion to suspend the Levin Peterson Smith (WA) PERSONAL EXPLANATION rules and pass the bill (H.R. 4919) to Lewis Pingree Speier Mr. OLSON. Mr. Speaker, I was unavoid- amend the Violent Crime Control and Lieu, Ted Pittenger Stefanik Lipinski Pitts Stivers ably detained. Had I been present, I would Law Enforcement Act of 1994, to reau- LoBiondo Pocan Swalwell (CA) have voted ‘‘yea’’ on rollcall No. 617, ‘‘yea’’ on thorize the Missing Alzheimer’s Dis- Loebsack Poliquin Takano rollcall No. 618, and ‘‘yea’’ on rollcall No. 619. ease Patient Alert Program, and to Lofgren Polis Thompson (CA) PERSONAL EXPLANATION promote initiatives that will reduce Lowenthal Price (NC) Thompson (MS) Lowey Quigley Thompson (PA) Mr. GRAVES of Missouri. Mr. Speaker, on the risk of injury and death relating to Lucas Rangel Thornberry Wednesday, December 7, 2016 and Thursday, the wandering characteristics of some Luetkemeyer Ratcliffe Tiberi December 8, 2016, I missed rollcall votes due children with autism, as amended, on Lujan Grisham Reed Tipton (NM) Reichert Titus to my participation in a flyover demonstration which the yeas and nays were ordered. Luja´ n, Ben Ray Renacci Tonko in memorial of the 75th Anniversary of Pearl The Clerk read the title of the bill. (NM) Ribble Torres Harbor at the George Bush Presidential Li- The SPEAKER pro tempore. The Lynch Rice (NY) Trott brary in Houston, TX. Had I been present, I question is on the motion offered by MacArthur Rice (SC) Tsongas Maloney, Rigell Turner would have voted ‘‘yea’’ on rollcall Nos. 609, the gentleman from Virginia (Mr. Carolyn Roby Upton 610, 611, 612, 613, 614, 615, 616, 617, 618, GOODLATTE) that the House suspend Maloney, Sean Roe (TN) Valadao and 619. the rules and pass the bill, as amended. Marino Rogers (AL) Vargas f This is a 5-minute vote. Matsui Rogers (KY) Veasey McCarthy Rohrabacher Vela TO ENSURE FUNDING FOR THE The vote was taken by electronic de- McClintock Rokita Vela´ zquez NATIONAL HUMAN TRAFFICKING vice, and there were—yeas 346, nays 66, McCollum Rooney (FL) Visclosky HOTLINE not voting 21, as follows: McDermott Ros-Lehtinen Wagner McGovern Roskam Walberg Mr. GOODLATTE. Mr. Speaker, I ask [Roll No. 619] McHenry Ross Walden unanimous consent to take from the YEAS—346 McKinley Rothfus Walorski McMorris Roybal-Allard Walters, Mimi Speaker’s table the bill (S. 2974) to en- Abraham Collins (GA) Fudge Rodgers Royce Walz sure funding for the National Human Adams Collins (NY) Gabbard McNerney Ruiz Wasserman Trafficking Hotline, and for other pur- Aderholt Comstock Gallego McSally Ruppersberger Schultz Aguilar Conaway Garamendi Meehan Rush Waters, Maxine poses, and ask for its immediate con- Barletta Connolly Gibbs Meeks Ryan (OH) Watson Coleman sideration in the House. Barr Conyers Goodlatte Meng Salmon Webster (FL) The Clerk read the title of the bill. Barton Cook Gowdy Messer Sa´ nchez, Linda Welch The SPEAKER pro tempore. Is there Bass Cooper Graham Mica T. Westerman Beatty Costa Granger Miller (FL) Sarbanes Wilson (FL) objection to the request of the gen- Becerra Costello (PA) Grayson Miller (MI) Scalise Wilson (SC) tleman from Virginia? Benishek Courtney Green, Al Moolenaar Schakowsky Womack There was no objection. Bera Cramer Green, Gene Moore Schiff Woodall The text of the bill is as follows: Beyer Crawford Grijalva Moulton Schrader Yarmuth S. 2974 Bilirakis Crenshaw Grothman Mullin Schweikert Yoder Bishop (GA) Crowley Guinta Murphy (FL) Scott (VA) Young (IA) Be it enacted by the Senate and House of Rep- Bishop (MI) Cuellar Gutie´rrez Murphy (PA) Scott, Austin Young (IN) resentatives of the United States of America in Bishop (UT) Culberson Hanabusa Nadler Scott, David Zeldin Congress assembled, Black Cummings Hanna Napolitano Sensenbrenner Zinke SECTION 1. FUNDING FOR THE NATIONAL Blackburn Curbelo (FL) Hardy HUMAN TRAFFICKING HOTLINE; Blum Davis (CA) Harper NAYS—66 PERFECTING AMENDMENT. Blumenauer Davis, Danny Hartzler Allen Griffith Meadows (a) HHS FUNDING FOR TRAFFICKING HOT- Bonamici Davis, Rodney Hastings Amash Guthrie Mooney (WV) LINE.—Section 107(b)(1)(B)(ii) of the Traf- Bost DeFazio Heck (NV) Babin Harris Mulvaney Boustany DeGette Heck (WA) Brat Hensarling Neugebauer ficking Victims Protection Act of 2000 (22 Boyle, Brendan Delaney Herrera Beutler Bridenstine Hice, Jody B. Palazzo U.S.C. 7105(b)(1)(B)(ii)) is amended by strik- F. DeLauro Higgins Brooks (AL) Hill Palmer ing ‘‘of amounts made available for grants Brady (PA) DelBene Himes Buck Huelskamp Payne under paragraph (2),’’. Brady (TX) Denham Hinojosa Byrne Huizenga (MI) Pearce (b) PERFECTING AMENDMENT.—Section 603 Brooks (IN) Dent Holding Chaffetz Hunter Perry of the Justice for Victims of Trafficking Act Brown (FL) DeSantis Honda Comer Issa Posey of 2015 (Public Law 114–22; 129 Stat. 259) is Brownley (CA) DeSaulnier Hoyer Davidson Johnson, Sam Rouzer amended, in the matter preceding paragraph Buchanan Deutch Hudson DesJarlais Jones Russell Bucshon Diaz-Balart Huffman (1), by striking ‘‘Victims of Crime Traf- Duncan (SC) Jordan Sanford ficking’’ and inserting ‘‘Victims of Traf- Burgess Dingell Hultgren Emmer (MN) Kelly (MS) Smith (MO) Bustos Doggett Hurd (TX) Farenthold King (IA) Stewart ficking’’. Butterfield Dold Hurt (VA) Fleming Labrador Stutzman (c) EFFECTIVE DATE.—The amendments Calvert Donovan Israel Foxx Long Walker made by this Act shall take effect as if en- Capps Doyle, Michael Jackson Lee Garrett Loudermilk Weber (TX) acted as part of the Justice for Victims of Capuano F. Jeffries Gohmert Love Williams Trafficking Act of 2015 (Public Law 114–22; ´ Cardenas Duckworth Jenkins (KS) Gosar Lummis Wittman 129 Stat. 227). Carney Duffy Jenkins (WV) Graves (GA) Marchant Yoho Carson (IN) Duncan (TN) Johnson (GA) Graves (LA) Massie Young (AK) The bill was ordered to be read a Carter (GA) Edwards Johnson (OH) third time, was read the third time, Carter (TX) Ellison Johnson, E. B. NOT VOTING—21 and passed, and a motion to reconsider Cartwright Engel Jolly Amodei Gibson Pompeo was laid on the table. Castor (FL) Eshoo Joyce Ashford Graves (MO) Price, Tom Castro (TX) Esty Kaptur Clawson (FL) Kirkpatrick Richmond f Chabot Evans Katko Clyburn McCaul Sanchez, Loretta Chu, Judy Farr Keating Ellmers (NC) Olson Van Hollen PERMISSION TO POSTPONE PRO- Cicilline Fitzpatrick Kelly (IL) Fincher Peters Wenstrup CEEDINGS ON MOTION TO RE- Clark (MA) Fleischmann Kelly (PA) Forbes Poe (TX) Westmoreland Clarke (NY) Flores Kennedy COMMIT ON S. 612, GEORGE P. Clay Fortenberry Kildee ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE KAZEN FEDERAL BUILDING AND Cleaver Foster Kilmer The SPEAKER pro tempore (during UNITED STATES COURTHOUSE Coffman Frankel (FL) Kind Cohen Franks (AZ) King (NY) the vote). There are 2 minutes remain- Mr. SHUSTER. Mr. Speaker, I ask Cole Frelinghuysen Kinzinger (IL) ing. unanimous consent that the question

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.017 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7413 of adopting a motion to recommit on S. Sec. 1128. Multistate activities. Sec. 1202. Additional studies. 612 be subject to postponement as Sec. 1129. Planning assistance to States. Sec. 1203. North Atlantic Coastal Region. though under clause 8 of rule XX. Sec. 1130. Regional participation assurance for Sec. 1204. South Atlantic coastal study. The SPEAKER pro tempore. Is there levee safety activities. Sec. 1205. Texas coastal area. Sec. 1131. Participation of non-Federal inter- Sec. 1206. Upper Mississippi and Illinois Rivers. objection to the request of the gen- ests. Sec. 1207. Kanawha River Basin. tleman from Pennsylvania? Sec. 1132. Post-authorization change reports. Subtitle C—Deauthorizations, Modifications, There was no objection. Sec. 1133. Maintenance dredging data. and Related Provisions f Sec. 1134. Electronic submission and tracking of Sec. 1301. Deauthorization of inactive projects. permit applications. Sec. 1302. Backlog prevention. GEORGE P. KAZEN FEDERAL Sec. 1135. Data transparency. BUILDING AND UNITED STATES Sec. 1303. Valdez, Alaska. Sec. 1136. Quality control. Sec. 1304. Los Angeles County Drainage Area, COURTHOUSE Sec. 1137. Report on purchase of foreign manu- Los Angeles County, California. Mr. SHUSTER. Mr. Speaker, pursu- factured articles. Sec. 1305. Sutter Basin, California. Sec. 1138. International outreach program. Sec. 1306. Essex River, Massachusetts. ant to House Resolution 949, I call up Sec. 1139. Dam safety repair projects. the bill (S. 612) to designate the Fed- Sec. 1307. Port of Cascade Locks, Oregon. Sec. 1140. Federal cost limitation for certain Sec. 1308. Central Delaware River, Philadel- eral building and United States court- projects. phia, Pennsylvania. house located at 1300 Victoria Street in Sec. 1141. Lake Kemp, Texas. Sec. 1309. Huntingdon County, Pennsylvania. Laredo, Texas, as the ‘‘George P. Kazen Sec. 1142. Corrosion prevention. Sec. 1310. Rivercenter, Philadelphia, Pennsyl- Federal Building and United States Sec. 1143. Sediment sources. vania. Courthouse’’ and ask for its immediate Sec. 1144. Prioritization of certain projects. Sec. 1311. Salt Creek, Graham, Texas. Sec. 1145. Gulf Coast oyster bed recovery assess- consideration in the House. Sec. 1312. Texas City Ship Channel, Texas City, ment. Texas. The Clerk read the title of the bill. Sec. 1146. Initiating work on separable ele- The SPEAKER pro tempore. Pursu- Sec. 1313. Stonington Harbour, Connecticut. ments. Sec. 1314. Red River below Denison Dam, ant to House Resolution 949, an amend- Sec. 1147. Lower Bois d’Arc Creek Reservoir Texas, Oklahoma, Arkansas, and ment in the nature of a substitute con- Project, Fannin County, Texas. Louisiana. sisting of the text of Rules Committee Sec. 1148. Recreational access at Corps of Engi- Sec. 1315. Green River and Barren River, Ken- Print 114–69 is adopted, and the bill, as neers reservoirs. tucky. amended, is considered read. Sec. 1149. No wake zones in navigation chan- Sec. 1316. Hannibal Small Boat Harbor, Han- The text of the bill, as amended, is as nels. nibal, Missouri. Sec. 1150. Ice jam prevention and mitigation. follows: Sec. 1317. Land transfer and trust land for Sec. 1151. Structural health monitoring. Muscogee (Creek) Nation. S. 612 Sec. 1152. Kennewick Man. Sec. 1318. Cameron County, Texas. Be it enacted by the Senate and House of Rep- Sec. 1153. Authority to accept and use materials Sec. 1319. New Savannah Bluff Lock and Dam, resentatives of the United States of America in and services. Georgia and South Carolina. Congress assembled. Sec. 1154. Munitions disposal. Sec. 1320. Hamilton City, California. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 1155. Management of recreation facilities. Sec. 1321. Conveyances. (a) SHORT TITLE.—This Act may be cited as Sec. 1156. Structures and facilities constructed Sec. 1322. Expedited consideration. the ‘‘Water Infrastructure Improvements for the by Secretary. Subtitle D—Water Resources Infrastructure Nation Act’’ or the ‘‘WIIN Act’’. Sec. 1157. Project completion. Sec. 1158. New England District headquarters. Sec. 1401. Project authorizations. (b) TABLE OF CONTENTS.— Sec. 1402. Special rules. Sec. 1. Short title; table of contents. Sec. 1159. Buffalo District headquarters. Sec. 1160. Future facility investment. TITLE II—WATER AND WASTE ACT OF 2016 TITLE I—WATER RESOURCES Sec. 1161. Completion of ecosystem restoration Sec. 2001. Short title. DEVELOPMENT projects. Sec. 2002. Definition of Administrator. Sec. 1001. Short title. Sec. 1162. Fish and wildlife mitigation. Subtitle A—Safe Drinking Water Sec. 1002. Secretary defined. Sec. 1163. Wetlands mitigation. Sec. 2101. Sense of Congress on appropriations Subtitle A—General Provisions Sec. 1164. Debris removal. levels. Sec. 1165. Disposition studies. Sec. 1101. Youth service and conservation corps Sec. 2102. Preconstruction work. Sec. 1166. Transfer of excess credit. organizations. Sec. 2103. Administration of State loan funds. Sec. 1167. Hurricane and storm damage reduc- Sec. 1102. Navigation safety. Sec. 2104. Assistance for small and disadvan- tion. Sec. 1103. Emerging harbors. taged communities. Sec. 1168. Fish hatcheries. Sec. 1104. Federal breakwaters and jetties. Sec. 2105. Reducing lead in drinking water. Sec. 1169. Shore damage prevention or mitiga- Sec. 1105. Remote and subsistence harbors. Sec. 2106. Notice to persons served. Sec. 1106. Alternative projects to maintenance tion. Sec. 2107. Lead testing in school and child care dredging. Sec. 1170. Enhancing lake recreation opportuni- program drinking water. Sec. 1107. Great Lakes Navigation System. ties. Sec. 2108. Water supply cost savings. Sec. 1108. Funding for harbor maintenance pro- Sec. 1171. Credit in lieu of reimbursement. Sec. 2109. Innovation in the provision of safe grams. Sec. 1172. Easements for electric, telephone, or drinking water. Sec. 1109. Maintenance of harbors of refuge. broadband service facilities. Sec. 2110. Small system technical assistance. Sec. 1110. Donor ports and energy transfer Sec. 1173. Study on performance of innovative Sec. 2111. Definition of Indian Tribe. ports. materials. Sec. 2112. Technical assistance for tribal water Sec. 1111. Harbor deepening. Sec. 1174. Conversion of surplus water agree- systems. Sec. 1112. Implementation guidance. ments. Sec. 2113. Materials requirement for certain Sec. 1113. Non-Federal interest dredging au- Sec. 1175. Projects funded by the Inland Water- Federally funded projects. thority. ways Trust Fund. Sec. 1114. Transportation cost savings. Sec. 1176. Rehabilitation assistance. Subtitle B—Drinking Water Disaster Relief and Sec. 1115. Reservoir sediment. Sec. 1177. Rehabilitation of Corps of Engineers Infrastructure Investments Sec. 1116. Water supply conservation. constructed dams. Sec. 2201. Drinking water infrastructure. Sec. 1117. Drought emergencies. Sec. 1178. Columbia River. Sec. 2202. Sense of Congress. Sec. 1118. Leveraging Federal infrastructure for Sec. 1179. Missouri River. Sec. 2203. Registry for lead exposure and advi- increased water supply. Sec. 1180. Chesapeake Bay oyster restoration. sory committee. Sec. 1119. Indian tribes. Sec. 1181. Salton Sea, California. Sec. 2204. Other lead programs. Sec. 1120. Tribal consultation reports. Sec. 1182. Adjustment. Subtitle C—Control of Coal Combustion Sec. 1121. Tribal partnership program. Sec. 1183. Coastal engineering. Residuals Sec. 1122. Beneficial use of dredged material. Sec. 1184. Consideration of measures. Sec. 1123. Great Lakes fishery and ecosystem Sec. 2301. Approval of State programs for con- Sec. 1185. Table Rock Lake, Arkansas and Mis- trol of coal combustion residuals. restoration. souri. TITLE III—NATURAL RESOURCES Sec. 1124. Corps of Engineers operation of un- Sec. 1186. Rural western water. manned aircraft systems. Sec. 1187. Interstate compacts. Subtitle A—Indian Dam Safety Sec. 1125. Funding to process permits. Sec. 1188. Sense of Congress. Sec. 3101. Indian dam safety. Sec. 1126. Study of water resources development Sec. 1189. Dredged material disposal. projects by non-Federal interests. Subtitle B—Irrigation Rehabilitation and Ren- Sec. 1127. Non-Federal construction of author- Subtitle B—Studies ovation for Indian Tribal Governments and ized flood damage reduction Sec. 1201. Authorization of proposed feasibility Their Economies projects. studies. Sec. 3201. Definitions.

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00013 Fmt 4634 Sfmt 6343 E:\CR\FM\K08DE7.021 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7414 CONGRESSIONAL RECORD — HOUSE December 8, 2016

PART I—INDIAN IRRIGATION FUND Sec. 3713. Blackfeet water, storage, and devel- ‘‘(c) YOUTH SERVICE AND CONSERVATION Sec. 3211. Establishment. opment projects. CORPS ORGANIZATIONS.—The Secretary, to the Sec. 3212. Deposits to fund. Sec. 3714. Easements and rights-of-way. maximum extent practicable, shall enter into co- Sec. 3213. Expenditures from fund. Sec. 3715. Tribal water rights. operative agreements with qualified youth serv- Sec. 3214. Investments of amounts. Sec. 3716. Blackfeet settlement trust fund. ice and conservation corps organizations for Sec. 3215. Transfers of amounts. Sec. 3717. Blackfeet water settlement implemen- services relating to projects under the jurisdic- Sec. 3216. Termination. tation fund. tion of the Secretary and shall do so in a man- Sec. 3718. Authorization of appropriations. PART II—REPAIR, REPLACEMENT, AND MAINTE- ner that ensures the maximum participation and Sec. 3719. Water rights in Lewis and Clark Na- NANCE OF CERTAIN INDIAN IRRIGATION opportunities for such organizations.’’. tional Forest and Glacier Na- PROJECTS SEC. 1102. NAVIGATION SAFETY. tional Park. Sec. 3221. Repair, replacement, and mainte- The Secretary shall use section 5 of the Act of Sec. 3720. Waivers and releases of claims. March 4, 1915 (38 Stat. 1053, chapter 142; 33 nance of certain indian irrigation Sec. 3721. Satisfaction of claims. projects. U.S.C. 562), to carry out navigation safety ac- Sec. 3722. Miscellaneous provisions. tivities at those projects eligible for operation Sec. 3222. Eligible projects. Sec. 3723. Expiration on failure to meet enforce- Sec. 3223. Requirements and conditions. and maintenance under section 204(f) of the ability date. Water Resources Development Act of 1986 (33 Sec. 3224. Study of Indian irrigation program Sec. 3724. Antideficiency. and project management. U.S.C. 2232(f)). Subtitle H—Water Desalination Sec. 3225. Tribal consultation and user input. SEC. 1103. EMERGING HARBORS. Sec. 3226. Allocation among projects. Sec. 3801. Reauthorization of Water Desalina- Section 210 of the Water Resources Develop- tion Act of 1996. Subtitle C—Weber Basin Prepayments ment Act of 1986 (33 U.S.C. 2238) is amended— Subtitle I—Amendments to the Great Lakes Fish (1) in subsection (c)(3) by striking ‘‘for each of Sec. 3301. Prepayment of certain repayment ob- and Wildlife Restoration Act of 1990 fiscal years 2015 through 2022’’ and inserting ligations under contracts between Sec. 3901. Amendments to the Great Lakes Fish ‘‘for each fiscal year’’; and the United States and the Weber (2) by striking subsection (d)(1)(A) and insert- Basin Water Conservancy Dis- and Wildlife Restoration Act of 1990. ing the following: trict. ‘‘(A) IN GENERAL.—For each fiscal year, if pri- Subtitle D—Pechanga Water Rights Settlement Subtitle J—California Water ority funds are available, the Secretary shall Sec. 3401. Short title. Sec. 4001. Operations and reviews. use at least 10 percent of such funds for emerg- Sec. 3402. Purposes. Sec. 4002. Scientifically supported implementa- ing harbor projects.’’. Sec. 3403. Definitions. tion of OMR flow requirements. SEC. 1104. FEDERAL BREAKWATERS AND JETTIES. Sec. 4003. Temporary operational flexibility for Sec. 3404. Approval of the Pechanga Settlement (a) IN GENERAL.—The Secretary, at Federal Agreement. storm events. expense, shall establish an inventory and con- Sec. 3405. Tribal Water Right. Sec. 4004. Consultation on coordinated oper- duct an assessment of the general structural Sec. 3406. Satisfaction of claims. ations. condition of all Federal breakwaters and jetties Sec. 3407. Waiver of claims. Sec. 4005. Protections. protecting harbors and inland harbors within Sec. 4006. New Melones Reservoir. Sec. 3408. Water facilities. the United States. Sec. 4007. Storage. Sec. 3409. Pechanga Settlement Fund. (b) CONTENTS.—The inventory and assessment Sec. 4008. Losses caused by the construction Sec. 3410. Miscellaneous provisions. carried out under subsection (a) shall include— Sec. 3411. Authorization of appropriations. and operation of storage projects. (1) compiling location information for all Fed- Sec. 4009. Other water supply projects. Sec. 3412. Expiration on failure of enforce- eral breakwaters and jetties protecting harbors Sec. 4010. Actions to benefit threatened and en- ability date. and inland harbors within the United States; dangered species and other wild- Sec. 3413. Antideficiency. (2) determining the general structural condi- life. Subtitle E—Delaware River Basin Conservation tion of each breakwater and jetty; Sec. 4011. Offsets and water storage account. (3) analyzing the potential risks to naviga- Sec. 3501. Findings. Sec. 4012. Savings language. tional safety, and the impact on the periodic Sec. 3502. Definitions. Sec. 4013. Duration. maintenance dredging needs of protected har- Sec. 3503. Program establishment. Sec. 4014. Definitions. bors and inland harbors, resulting from the gen- Sec. 3504. Grants and assistance. TITLE IV—OTHER MATTERS Sec. 3505. Annual letter. eral structural condition of each breakwater Sec. 3506. Prohibition on use of funds for Fed- Sec. 5001. Congressional notification require- and jetty; and eral acquisition of interests in ments. (4) estimating the costs, for each breakwater land. Sec. 5002. Reauthorization of Denali Commis- and jetty, to restore or maintain the breakwater Sec. 3507. Sunset. sion. or jetty to authorized levels and the total of all Sec. 5003. Recreational access for floating cab- such costs. Subtitle F—Miscellaneous Provisions ins at TVA reservoirs. (c) REPORT TO CONGRESS.—Not later than 1 Sec. 3601. Bureau of Reclamation Dakotas Area Sec. 5004. Gold King Mine spill recovery. year after the date of enactment of this Act, the Office permit fees for cabins and Sec. 5005. Great Lakes Restoration Initiative. Secretary shall submit to Congress a report on trailers. Sec. 5006. Rehabilitation of high hazard poten- the results of the inventory and assessment car- Sec. 3602. Use of trailer homes at Heart Butte tial dams. ried out under subsection (a). Dam and Reservoir (Lake Sec. 5007. Chesapeake Bay grass survey. SEC. 1105. REMOTE AND SUBSISTENCE HARBORS. Tschida). Sec. 5008. Water infrastructure finance and in- Section 2006 of the Water Resources Develop- Sec. 3603. Lake Tahoe Restoration. novation. ment Act of 2007 (33 U.S.C. 2242) is amended— Sec. 3604. Tuolumne Band of Me-Wuk Indians. Sec. 5009. Report on groundwater contamina- (1) in subsection (a)(3) by inserting ‘‘in which Sec. 3605. San Luis Rey settlement agreement tion. the project is located, or the long-term viability implementation. Sec. 5010. Columbia River Basin restoration. of a community that is located in the region Sec. 3606. Tule River Indian Tribe. Sec. 5011. Regulation of aboveground storage at that is served by the project and that will rely Sec. 3607. Morongo Band of Mission Indians. farms. on the project,’’ after ‘‘community’’; and Sec. 3608. Choctaw Nation of Oklahoma and Sec. 5012. Irrigation districts. (2) in subsection (b)— the Chickasaw Nation Water Set- Sec. 5013. Estuary restoration. (A) in paragraph (1) by inserting ‘‘and com- tlement. Sec. 5014. Environmental banks. munities that are located in the region to be Subtitle G—Blackfeet Water Rights Settlement TITLE I—WATER RESOURCES served by the project and that will rely on the Sec. 3701. Short title. DEVELOPMENT project’’ after ‘‘community’’; Sec. 3702. Purposes. SEC. 1001. SHORT TITLE. (B) in paragraph (4) by striking ‘‘local popu- Sec. 3703. Definitions. This title may be cited as the ‘‘Water Re- lation’’ and inserting ‘‘regional population to be Sec. 3704. Ratification of compact. sources Development Act of 2016’’. served by the project’’; and Sec. 3705. Milk river water right. (C) in paragraph (5) by striking ‘‘community’’ SEC. 1002. SECRETARY DEFINED. Sec. 3706. Water delivery through milk river and inserting ‘‘local community and commu- In this title, the term ‘‘Secretary’’ means the project. nities that are located in the region to be served Secretary of the Army. Sec. 3707. Bureau of reclamation activities to by the project and that will rely on the project’’. improve water management. Subtitle A—General Provisions SEC. 1106. ALTERNATIVE PROJECTS TO MAINTE- Sec. 3708. St. Mary canal hydroelectric power SEC. 1101. YOUTH SERVICE AND CONSERVATION NANCE DREDGING. generation. CORPS ORGANIZATIONS. The Secretary may enter into agreements to Sec. 3709. Storage allocation from Lake Elwell. Section 213 of the Water Resources Develop- assume the operation and maintenance costs of Sec. 3710. Irrigation activities. ment Act of 2000 (33 U.S.C. 2339) is amended— an alternative project to maintenance dredging Sec. 3711. Design and construction of MR&I (1) by redesignating subsection (c) as sub- for a Federal navigation channel if the costs of System. section (d); and the operation and maintenance of the alter- Sec. 3712. Design and construction of water (2) by inserting after subsection (b) the fol- native project, and any remaining costs nec- storage and irrigation facilities. lowing: essary for maintaining the Federal navigation

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00014 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7415 channel, are less than the costs of maintaining (2) in subsection (b)— and inserting ‘‘the date of enactment of the such channel without the alternative project. (A) in paragraph (1), by striking ‘‘donor Water Resources Reform and Development Act SEC. 1107. GREAT LAKES NAVIGATION SYSTEM. ports’’ and inserting ‘‘donor ports, medium-sized of 2014 (Public Law 113–121)’’; Section 210(d)(1)(B) of the Water Resources donor ports,’’; and (2) in subparagraph (B) by striking ‘‘45 feet’’ Development Act of 1986 (33 U.S.C. (B) in paragraph (2)— and inserting ‘‘50 feet’’; and 2238(d)(1)(B)) is amended in the matter pre- (i) in subparagraph (A), by striking ‘‘and’’ at (3) in subparagraph (C) by striking ‘‘45 feet’’ ceding clause (i) by striking ‘‘For each of fiscal the end; and and inserting ‘‘50 feet’’. years 2015 through 2024’’ and inserting ‘‘For (ii) by striking subparagraph (B) and insert- SEC. 1112. IMPLEMENTATION GUIDANCE. each fiscal year’’. ing the following: Section 2102 of the Water Resources Reform SEC. 1108. FUNDING FOR HARBOR MAINTENANCE ‘‘(B) shall be made available to a port as ei- and Development Act of 2014 (Public Law 113– PROGRAMS. ther a donor port, medium-sized donor port, or 121; 128 Stat. 1273) is amended by adding at the Section 2101 of the Water Resources Reform an energy transfer port, and no port may re- end the following: and Development Act of 2014 (33 U.S.C. 2238b) is ceive amounts from more than 1 designation; ‘‘(d) GUIDANCE.—Not later than 90 days after amended— and the date of enactment of the Water Resources (1) in subsection (b)(1), in the matter pre- ‘‘(C) for donor ports and medium-sized donor Development Act of 2016, the Secretary shall ceding subparagraph (A), by striking ‘‘The tar- ports— publish on the website of the Corps of Engineers get total’’ and inserting ‘‘Except as provided in ‘‘(i) 50 percent of the funds shall be equally guidance on the implementation of this section subsection (c), the target total’’; divided between the eligible donor ports as au- and the amendments made by this section.’’. (2) by redesignating subsection (c) as sub- thorized by this section; and SEC. 1113. NON-FEDERAL INTEREST DREDGING section (d); and ‘‘(ii) 50 percent of the funds shall be divided AUTHORITY. (3) by inserting after subsection (b) the fol- between the eligible donor ports and eligible me- (a) IN GENERAL.—The Secretary may permit a lowing: dium-sized donor ports based on the percentage non-Federal interest to carry out, for an author- ‘‘(c) EXCEPTION.—If the target total budget re- of the total harbor maintenance tax revenues ized navigation project (or a separable element sources for a fiscal year described in subpara- generated at each eligible donor port and me- of an authorized navigation project), such graphs (A) through (J) of subsection (b)(1) is dium-sized donor port.’’; maintenance activities as are necessary to en- lower than the target total budget resources for (3) in subsection (c)— sure that the project is maintained to not less the previous fiscal year, the target total budget (A) in the matter preceding paragraph (1), by than the minimum project dimensions. resources shall be adjusted to be equal to the striking ‘‘donor port’’ and inserting ‘‘donor (b) COST LIMITATIONS.—Except as provided in lesser of— port, a medium-sized donor port,’’; and this section and subject to the availability of ap- ‘‘(1) 103 percent of the total budget resources (B) in paragraph (1)— propriations, the costs incurred by a non-Fed- appropriated for the previous fiscal year; or (i) by striking ‘‘or shippers transporting eral interest in performing the maintenance ac- ‘‘(2) 100 percent of the total amount of harbor cargo’’; tivities described in subsection (a) shall be eligi- maintenance taxes received in the previous fis- (ii) by striking ‘‘U.S. Customs and Border Pro- ble for reimbursement, not to exceed an amount cal year.’’. tection’’ and inserting ‘‘the Secretary’’; and that is equal to the estimated Federal cost for SEC. 1109. MAINTENANCE OF HARBORS OF REF- (iii) by striking ‘‘amount of harbor mainte- the performance of the maintenance activities, UGE. nance taxes collected’’ and inserting ‘‘value of with any reimbursement subject to the non-Fed- The Secretary is authorized to maintain feder- discretionary cargo’’; eral interest complying with all Federal laws ally authorized harbors of refuge to restore and (4) by striking subsection (d) and inserting the and regulations that would apply to such main- maintain the authorized dimensions of the har- following: tenance activities if carried out by the Sec- bors. ‘‘(d) ADMINISTRATION OF PAYMENTS.— retary. ‘‘(1) IN GENERAL.—If a donor port, a medium- SEC. 1110. DONOR PORTS AND ENERGY TRANS- (c) AGREEMENT.—Before initiating mainte- FER PORTS. sized donor port, or an energy transfer port nance activities under this section, a non-Fed- Section 2106 of the Water Resources Reform elects to provide payments to importers under eral interest shall enter into an agreement with and Development Act of 2014 (33 U.S.C. 2238c) is subsection (c), the Secretary shall transfer to the Secretary that specifies, for the performance amended— the Commissioner of U.S. Customs and Border of the maintenance activities, the terms and (1) in subsection (a)— Protection an amount equal to those payments conditions that are acceptable to the non-Fed- (A) by redesignating paragraphs (2) through that would otherwise be provided to the port eral interest and the Secretary. (6) as paragraphs (3) through (7), respectively; under this section to provide the payments to (d) PROVISION OF EQUIPMENT.—In carrying (B) by inserting after paragraph (1) the fol- the importers of the discretionary cargo that is— out maintenance activities under this section, a lowing: ‘‘(A) shipped through the port; and non-Federal interest shall— ‘‘(2) DISCRETIONARY CARGO.—The term ‘discre- ‘‘(B) most at risk of diversion to seaports out- (1) provide equipment at no cost to the Fed- tionary cargo’ means maritime cargo for which side of the United States. eral Government; and the United States port of unlading is different ‘‘(2) REQUIREMENT.—The Secretary, in con- (2) hold and save the United States free from than the United States port of entry.’’; sultation with a port electing to provide pay- any and all damage that arises from the use of (C) in paragraph (3) (as redesignated)— ments under subsection (c), shall determine the the equipment of the non-Federal interest, ex- (i) by redesignating subparagraphs (A) top importers at the port, as ranked by the value cept for damage due to the fault or negligence of through (D) as clauses (i) through (iv), respec- of discretionary cargo, and payments shall be a contractor of the Federal Government. tively, and indenting appropriately; limited to those top importers.’’; EIMBURSEMENT ELIGIBILITY LIMITA- (ii) in the matter preceding clause (i) (as re- (e) R (5) in subsection (f)— TIONS.—Costs that are eligible for reimbursement designated) by striking ‘‘The term’’ and insert- (A) in paragraph (1) by striking ‘‘2018’’ and under this section are the costs of maintenance ing the following: inserting ‘‘2020’’; ‘‘(A) IN GENERAL.—The term’’; and activities directly related to the costs associated (B) by striking paragraph (2) and inserting with operation and maintenance of a dredge (iii) by adding at the end the following: the following: ‘‘(B) CALCULATION.—For the purpose of calcu- based on the lesser of— ‘‘(2) DIVISION BETWEEN DONOR PORTS, ME- lating the percentage described in subparagraph (1) the costs associated with operation and DIUM-SIZED DONOR PORTS, AND ENERGY TRANS- (A)(iii), payments described under subsection maintenance of the dredge during the period of FER PORTS.—For each fiscal year, amounts made (c)(1) shall not be included.’’; time that the dredge is being used in the per- available to carry out this section shall be pro- (D) in paragraph (5)(A) (as redesignated), by formance of work for the Federal Government vided in equal amounts to— striking ‘‘Code of Federal Regulation’’ and in- during a given fiscal year; or ‘‘(A) donor ports and medium-sized donor serting ‘‘Code of Federal Regulations’’; and (2) the actual fiscal year Federal appropria- (E) by adding at the end the following: ports; and tions that are made available for the portion of ‘‘(8) MEDIUM-SIZED DONOR PORT.—The term ‘‘(B) energy transfer ports.’’; and the maintenance activities for which the dredge ‘medium-sized donor port’ means a port— (C) in paragraph (3)— was used. ‘‘(A) that is subject to the harbor maintenance (i) by striking ‘‘2015 through 2018’’ and insert- (f) AUDIT.—Not earlier than 5 years after the fee under section 24.24 of title 19, Code of Fed- ing ‘‘2016 through 2020’’; and date of enactment of this Act, the Secretary may eral Regulations (or a successor regulation); (ii) by striking ‘‘2019 through 2022’’ and in- conduct an audit on any maintenance activities ‘‘(B) at which the total amount of harbor serting ‘‘2021 through 2025’’; and for an authorized navigation project (or a sepa- maintenance taxes collected comprise annually (6) by adding at the end the following: rable element of an authorized navigation more than $5,000,000 but less than $15,000,000 of ‘‘(g) SAVINGS CLAUSE.—Nothing in this section project) carried out under this section to deter- the total funding of the Harbor Maintenance waives any statutory requirement related to the mine if permitting a non-Federal interest to Trust Fund established under section 9505 of the transportation of merchandise as authorized carry out maintenance activities under this sec- Internal Revenue Code of 1986; under chapter 551 of title 46, United States tion has resulted in— ‘‘(C) that received less than 25 percent of the Code.’’. (1) improved reliability and safety for naviga- total amount of harbor maintenance taxes col- SEC. 1111. HARBOR DEEPENING. tion; and lected at that port in the previous 5 fiscal years; Section 101(a)(1) of the Water Resources De- (2) cost savings to the Federal Government. and velopment Act of 1986 (33 U.S.C. 2211(a)(1)) is (g) TERMINATION OF AUTHORITY.—The au- ‘‘(D) that is located in a State in which more amended— thority of the Secretary under this section termi- than 2,000,000 cargo containers were unloaded (1) in the matter preceding subparagraph (A) nates on the date that is 10 years after the date from or loaded onto vessels in fiscal year 2012.’’; by striking ‘‘the date of enactment of this Act’’ of enactment of this Act.

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00015 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7416 CONGRESSIONAL RECORD — HOUSE December 8, 2016 SEC. 1114. TRANSPORTATION COST SAVINGS. available and submit to the Committee on ending on such date of enactment, and upon the Section 210(e)(3) of the Water Resources De- Transportation and Infrastructure of the House request of the Governor of the State, the Sec- velopment Act of 1986 (33 U.S.C. 2238(e)(3)) is of Representatives and the Committee on Envi- retary is authorized to— amended— ronment and Public Works of the Senate a re- (1) prioritize the updating of the water control (1) by redesignating subparagraph (B) as sub- port documenting the results of the services.’’. manuals for control structures under the juris- paragraph (C); and (b) CLERICAL AMENDMENT.—The table of con- diction of the Secretary that are located in the (2) by inserting after subparagraph (A) the tents in section 1(b) of the Water Resources De- State; and following: velopment Act of 2000 is amended by striking the (2) incorporate into the update seasonal oper- ‘‘(B) ADDITIONAL REQUIREMENT.—In the first item relating to section 215 and inserting the fol- ations for water conservation and water supply report submitted under subparagraph (A) fol- lowing: for such control structures. lowing the date of enactment of the Water Re- ‘‘Sec. 215. Reservoir sediment.’’. (b) COORDINATION.—The Secretary shall carry sources Development Act of 2016, the Secretary out the update under subsection (a) in coordina- SEC. 1116. WATER SUPPLY CONSERVATION. shall identify, to the maximum extent prac- tion with all appropriate Federal agencies, (a) IN GENERAL.—In a State in which a ticable, transportation cost savings realized by elected officials, and members of the public. drought emergency has been declared or was in achieving and maintaining the constructed (c) STATUTORY CONSTRUCTION.—Nothing in effect during the 1-year period ending on the width and depth for the harbors and inland this section affects, modifies, or changes the au- date of enactment of this Act, the Secretary is harbors referred to in subsection (a)(2), on a thorized purposes of a Corps of Engineers authorized— project-by-project basis.’’. project, or affects the applicability of section 301 (1) to conduct an evaluation for purposes of of the Water Supply Act of 1958 (43 U.S.C. 390b). SEC. 1115. RESERVOIR SEDIMENT. approving water supply conservation measures SEC. 1118. LEVERAGING FEDERAL INFRASTRUC- (a) IN GENERAL.—Section 215 of the Water Re- that are consistent with the authorized purposes sources Development Act of 2000 (33 U.S.C. TURE FOR INCREASED WATER SUP- of water resources development projects under PLY. 2326c) is amended to read as follows: the jurisdiction of the Secretary; and (a) IN GENERAL.—At the request of a non-Fed- ‘‘SEC. 215. RESERVOIR SEDIMENT. (2) to enter into written agreements pursuant eral interest, the Secretary may review proposals ‘‘(a) IN GENERAL.—Not later than 180 days to section 221 of the Flood Control Act of 1970 to increase the quantity of available supplies of after the date of enactment of the Water Re- (42 U.S.C. 1962d–5b) with non-Federal interests water at a Federal water resources development sources Development Act of 2016 and after pro- to carry out the conservation measures approved project through— viding public notice, the Secretary shall estab- by such evaluations. (1) modification of the project; lish, using available funds, a pilot program to (b) ELIGIBILITY.—Water supply conservation (2) modification of how the project is man- accept services provided by a non-Federal inter- measures evaluated under subsection (a) may aged; or est or commercial entity for removal of sediment include the following: (3) accessing water released from the project. captured behind a dam owned or operated by (1) Stormwater capture. (b) PROPOSALS INCLUDED.—A proposal under the United States and under the jurisdiction of (2) Releases for ground water replenishment subsection (a) may include— the Secretary for the purpose of restoring the or aquifer storage and recovery. (1) increasing the storage capacity of the authorized storage capacity of the project con- (3) Releases to augment water supply at an- project; cerned. other Federal or non-Federal storage facility. (2) diversion of water released or withdrawn ‘‘(b) REQUIREMENTS.—In carrying out this sec- (4) Other conservation measures that enhance from the project— tion, the Secretary shall— usage of a Corps of Engineers project for water (A) to recharge groundwater; ‘‘(1) review the services of the non-Federal in- supply. (B) to aquifer storage and recovery; or terest or commercial entity to ensure that the (c) COSTS.—A non-Federal interest shall pay (C) to any other storage facility; services are consistent with the authorized pur- only the separable costs associated with the (3) construction of facilities for delivery of poses of the project concerned; evaluation, implementation, operation, and water from pumping stations constructed by the ‘‘(2) ensure that the non-Federal interest or maintenance of an approved water supply con- Secretary; commercial entity will indemnify the United servation measure, which payments may be ac- (4) construction of facilities to access water; States for, or has entered into an agreement ap- cepted and expended by the Corps of Engineers and proved by the Secretary to address, any adverse to cover such costs. (5) a combination of the activities described in impact to the dam as a result of such services; (d) STATUTORY CONSTRUCTION.—Nothing in paragraphs (1) through (4). (c) EXCLUSIONS.—This section shall not apply ‘‘(3) require the non-Federal interest or com- this section may be construed to modify or alter to a proposal that— mercial entity, prior to initiating the services the obligations of a non-Federal interest under (1) reallocates existing water supply or hydro- and upon completion of the services, to conduct existing or future agreements for— power storage; or sediment surveys to determine the pre- and post- (1) water supply storage pursuant to section (2) reduces water available for any authorized services sediment profile and sediment quality; 301 of the Water Supply Act of 1958 (43 U.S.C. project purpose. and 390b); or (d) OTHER FEDERAL PROJECTS.—In any case ‘‘(4) limit the number of dams for which serv- (2) surplus water use pursuant to section 6 of the Act of December 22, 1944 (58 Stat. 890, chap- in which a proposal relates to a Federal project ices are accepted to 10. that is not operated by the Secretary, this sec- IMITATION.— ter 665; 33 U.S.C. 708). ‘‘(c) L tion shall apply only to activities under the au- ‘‘(1) IN GENERAL.—The Secretary may not ac- (e) LIMITATIONS.—Nothing in this section— thority of the Secretary. cept services under subsection (a) if the Sec- (1) affects, modifies, or changes the author- ized purposes of a Corps of Engineers project; (e) REVIEW PROCESS.— retary, after consultation with the Chief of En- (1) NOTICE.—On receipt of a proposal sub- (2) affects existing Corps of Engineers au- gineers, determines that accepting the services is mitted under subsection (a), the Secretary shall thorities, including its authorities with respect not advantageous to the United States. provide a copy of the proposal to each entity de- to navigation, flood damage reduction, and en- ‘‘(2) REPORT TO CONGRESS.—If the Secretary scribed in paragraph (2) and, if applicable, the vironmental protection and restoration; makes a determination under paragraph (1), the Federal agency that operates the project, in the (3) affects the Corps of Engineers ability to Secretary shall provide to the Committee on case of a project operated by an agency other Transportation and Infrastructure of the House provide for temporary deviations; (4) affects the application of a cost-share re- than the Department of the Army. of Representatives and the Committee on Envi- (2) PUBLIC PARTICIPATION.—In reviewing pro- quirement under section 101, 102, or 103 of the ronment and Public Works of the Senate written posals submitted under subsection (a), and prior Water Resources Development Act of 1986 (33 notice describing the reasoning for the deter- to making any decisions regarding a proposal, U.S.C. 2211, 2212, and 2213); mination. the Secretary shall comply with all applicable (5) supersedes or modifies any written agree- ‘‘(d) DISPOSITION OF REMOVED SEDIMENT.—In public participation requirements under law, in- ment between the Federal Government and a exchange for providing services under sub- cluding consultation with— non-Federal interest that is in effect on the date section (a), a non-Federal interest or commercial (A) affected States; entity is authorized to retain, use, recycle, sell, of enactment of this Act; (B) power marketing administrations, in the (6) supersedes or modifies any amendment to or otherwise dispose of any sediment removed in case of reservoirs with Federal hydropower an existing multistate water control plan, in- connection with the services and the Corps of projects; Engineers may not seek any compensation for cluding those water control plans along the Mis- (C) entities responsible for operation and the value of the sediment. souri River and those water control plans in the maintenance costs; ‘‘(e) CONGRESSIONAL NOTIFICATION.—Prior to Apalachicola-Chattahoochee-Flint and Ala- (D) any entity that has a contractual right accepting services provided by a non-Federal in- bama-Coosa-Tallapoosa basins; from the Federal Government or a State to with- terest or commercial entity under this section, (7) affects any water right in existence on the draw water from, or use storage at, the project; the Secretary shall provide to the Committee on date of enactment of this Act; or (E) entities that the State determines hold Transportation and Infrastructure of the House (8) preempts or affects any State water law or rights under State law to the use of water from of Representatives and the Committee on Envi- interstate compact governing water. the project; and ronment and Public Works of the Senate written SEC. 1117. DROUGHT EMERGENCIES. (F) units of local government with flood risk notice of the acceptance of the services. (a) AUTHORIZED ACTIVITIES.—With respect to reduction responsibilities downstream of the ‘‘(f) REPORT TO CONGRESS.—Upon completion a State in which a drought emergency is in ef- project. of services at the 10 dams allowed under sub- fect on the date of enactment of this Act, or was (f) AUTHORITIES.—A proposal submitted to the section (b)(4), the Secretary shall make publicly in effect at any time during the 1-year period Secretary under subsection (a) may be reviewed

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00016 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7417

and approved, if applicable and appropriate, (4) the Stones River. ‘‘(4) DESIGN AND CONSTRUCTION.— under— (l) EFFECT OF SECTION.—Nothing in this sec- ‘‘(A) IN GENERAL.—The Secretary may carry (1) the specific authorization for the water re- tion affects or modifies any authority of the Sec- out the design and construction of a water re- sources development project; retary to review or modify reservoirs. sources development project described in para- (2) section 216 of the Flood Control Act of 1970 SEC. 1119. INDIAN TRIBES. graph (1) that the Secretary determines is fea- (33 U.S.C. 549a); Section 1156 of the Water Resources Develop- sible if the Federal share of the cost of the (3) section 301 of the Water Supply Act of 1958 ment Act of 1986 (33 U.S.C. 2310) is amended— project is not more than $10,000,000. (43 U.S.C. 390b); and (1) in the section heading by inserting ‘‘AND ‘‘(B) SPECIFIC AUTHORIZATION.—If the Federal (4) section 14 of the Act of March 3, 1899 (30 INDIAN TRIBES’’ after ‘‘TERRITORIES’’; and share of the cost of a project described in sub- Stat. 1152, chapter 425; 33 U.S.C. 408). (2) in subsection (a)— paragraph (A) is more than $10,000,000, the Sec- (g) LIMITATIONS.—The Secretary shall not ap- (A) by striking ‘‘projects in American’’ and in- retary may only carry out the project if Con- prove a proposal submitted under subsection (a) serting ‘‘projects— gress enacts a law authorizing the Secretary to that— ‘‘(1) in American’’; carry out the project.’’; (1) is not supported by the Federal agency (B) by striking the period at the end and in- (2) in subsection (c)— that operates the project, if that agency is not serting ‘‘; and’’; and (A) in paragraph (1) by striking ‘‘studies’’ and the Department of the Army; (C) by adding at the end the following: inserting ‘‘an activity’’; and (2) interferes with an authorized purpose of ‘‘(2) for any Indian tribe (as defined in section (B) in paragraph (2)(B) by striking ‘‘carrying the project; 102 of the Federally Recognized Indian Tribe out projects studied’’ and inserting ‘‘an activity (3) adversely impacts contractual rights to conducted’’; and water or storage at the reservoir; List Act of 1994 (25 U.S.C. 5130)).’’. SEC. 1120. TRIBAL CONSULTATION REPORTS. (3) in subsection (d)— (4) adversely impacts legal rights to water (A) in paragraph (1)(A) by striking ‘‘a study’’ (a) REVIEW.—The Secretary shall submit to under State law, as determined by an affected and inserting ‘‘an activity conducted’’; and the Committee on Environment and Public State; (B) by striking paragraph (2) and inserting (5) increases costs for any entity other than Works of the Senate and the Committee on the following: the entity that submitted the proposal; or Transportation and Infrastructure of the House ‘‘(2) CREDIT.—The Secretary may credit to- (6) if a project is subject to section 301(e) of of Representatives the following: ward the non-Federal share of the costs of an the Water Supply Act of 1958 (43 U.S.C. 390b(e)), (1) Not later than 30 days after the date of en- activity conducted under subsection (b) the cost makes modifications to the project that do not actment of this Act, all reports of the Corps of of services, studies, supplies, or other in-kind meet the requirements of that section unless the Engineers developed pursuant to its Tribal Con- contributions provided by the non-Federal inter- modification is submitted to and authorized by sultation Policy, dated November 2012, and sub- est. Congress. mitted to the Office of Management and Budget ‘‘(3) SOVEREIGN IMMUNITY.—The Secretary (h) COST SHARE.— before the date of enactment of this Act. shall not require an Indian tribe to waive the (1) IN GENERAL.—Except as provided in para- (2) Not later than 30 days after the date of the sovereign immunity of the Indian tribe as a con- graph (2), 100 percent of the cost of developing, submission to the Committees under paragraph reviewing, and implementing a proposal sub- dition to entering into a cost-sharing agreement (1), all reports of the Corps of Engineers devel- under this subsection. mitted under subsection (a) shall be provided by oped pursuant to its Tribal Consultation Policy, ‘‘(4) WATER RESOURCES DEVELOPMENT an entity other than the Federal Government. dated November 2012, or successor policy, and PROJECTS.— (2) PLANNING ASSISTANCE TO STATES.—In the submitted to the Office of Management and ‘‘(A) IN GENERAL.—The non-Federal share of case of a proposal from an entity authorized to Budget after the date of enactment of this Act. receive assistance under section 22 of the Water costs for the study of a water resources develop- (3) Not later than 1 year after the date of en- ment project described in subsection (b)(1) shall Resources Development Act of 1974 (42 U.S.C. actment of this Act, a report that describes the 1962d–16), the Secretary may use funds available be 50 percent. results of a review by the Secretary of existing ‘‘(B) OTHER COSTS.—The non-Federal share of under that section to pay 50 percent of the cost policies, regulations, and guidance related to of a review of a proposal submitted under sub- costs of design and construction of a project de- consultation with Indian tribes on water re- scribed in subparagraph (A) shall be assigned to section (a). sources development projects or other activities (3) OPERATION AND MAINTENANCE COSTS.— the appropriate project purposes described in that require the approval of, or the issuance of sections 101 and 103 of the Water Resources De- (A) IN GENERAL.—Except as provided in sub- a permit by, the Secretary and that may have paragraphs (B) and (C), the operation and velopment Act of 1986 (33 U.S.C. 2211, 2213) and an impact on tribal cultural or natural re- shared in the same percentages as the purposes maintenance costs for the non-Federal sponsor sources. of a proposal submitted under subsection (a) to which the costs are assigned. (b) CONSULTATION.—In completing the review ‘‘(5) WATER-RELATED PLANNING ACTIVITIES.— shall be 100 percent of the separable operation under subsection (a)(3), the Secretary shall pro- and maintenance costs associated with the costs ‘‘(A) IN GENERAL.—The non-Federal share of vide for public and private meetings with Indian costs of a watershed and river basin assessment of implementing the proposal. tribes and other stakeholders. (B) CERTAIN WATER SUPPLY STORAGE conducted under subsection (b) shall be 25 per- (c) NO DELAYS.—During the review required cent. PROJECTS.—For a proposal submitted under sub- under subsection (a)(3), the Secretary shall en- section (a) for constructing additional water ‘‘(B) OTHER COSTS.—The non-Federal share of sure that— costs of other water-related planning activities supply storage at a reservoir for use under a (1) all existing tribal consultation policies, water supply storage agreement, in addition to described in subsection (b)(1) shall be 50 per- regulations, and guidance continue to be imple- cent.’’. the costs under subparagraph (A), the non-Fed- mented; and eral costs shall include the proportional share of SEC. 1122. BENEFICIAL USE OF DREDGED MATE- (2) the review does not affect an approval or RIAL. any joint-use costs for operation, maintenance, issuance of a permit required by the Secretary. repair, replacement, or rehabilitation of the res- (a) IN GENERAL.—Not later than 90 days after ervoir project determined in accordance with SEC. 1121. TRIBAL PARTNERSHIP PROGRAM. the date of enactment of this Act, the Secretary section 301 of the Water Supply Act of 1958 (43 Section 203 of the Water Resources Develop- shall establish a pilot program to carry out U.S.C. 390b). ment Act of 2000 (33 U.S.C. 2269) is amended— projects for the beneficial use of dredged mate- (C) VOLUNTARY CONTRIBUTIONS.—An entity (1) in subsection (b)— rial, including projects for the purposes of— other than an entity described in subparagraph (A) in paragraph (1), in the matter preceding (1) reducing storm damage to property and in- (A) may voluntarily contribute to the costs of subparagraph (A), by striking ‘‘the Secretary’’ frastructure; implementing a proposal submitted under sub- and all that follows through ‘‘projects’’ and in- (2) promoting public safety; section (a). serting ‘‘the Secretary may carry out water-re- (3) protecting, restoring, and creating aquatic (i) CONTRIBUTED FUNDS.—The Secretary may lated planning activities, or activities relating to ecosystem habitats; receive and expend funds contributed by a non- the study, design, and construction of water re- (4) stabilizing stream systems and enhancing Federal interest for the review and approval of sources development projects,’’; shorelines; a proposal submitted under subsection (a). (B) in paragraph (2) by striking ‘‘(2) MATTERS (5) promoting recreation; (j) ASSISTANCE.—On request by a non-Federal TO BE STUDIED.—A study’’ and inserting the fol- (6) supporting risk management adaptation interest, the Secretary may provide technical as- lowing: strategies; and sistance in the development or implementation ‘‘(2) AUTHORIZED ACTIVITIES.—An activity’’; (7) reducing the costs of dredging and dredged of a proposal under subsection (a), including as- and material placement or disposal, such as projects sistance in obtaining necessary permits for con- (C) by adding at the end the following: that use dredged material for— struction, if the non-Federal interest contracts ‘‘(3) FEASIBILITY STUDY AND REPORTS.— (A) construction or fill material; with the Secretary to pay all costs of providing ‘‘(A) IN GENERAL.—On the request of an In- (B) civic improvement objectives; and the technical assistance. dian tribe, the Secretary shall conduct a study (C) other innovative uses and placement alter- (k) EXCLUSION.—This section shall not apply on, and provide to the Indian tribe a report de- natives that produce public economic or envi- to reservoirs in— scribing, the feasibility of a water resources de- ronmental benefits. (1) the Upper Missouri River; velopment project described in paragraph (1). (b) PROJECT SELECTION.—In carrying out the (2) the Apalachicola-Chattahoochee-Flint ‘‘(B) RECOMMENDATION.—A report under sub- pilot program, the Secretary shall— river system; paragraph (A) may, but shall not be required to, (1) identify for inclusion in the pilot program (3) the Alabama-Coosa-Tallapoosa river sys- contain a recommendation on a specific water and carry out 10 projects for the beneficial use tem; and resources development project. of dredged material;

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00017 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7418 CONGRESSIONAL RECORD — HOUSE December 8, 2016

(2) consult with relevant State agencies in se- (h) EXEMPTION FROM OTHER STANDARDS.— (2) in paragraph (2)— lecting projects; and The projects carried out under this section shall (A) by striking ‘‘or natural gas company’’ and (3) select projects solely on the basis of— be carried out notwithstanding the definition of inserting ‘‘, natural gas company, or railroad (A) the environmental, economic, and social the term ‘‘Federal standard’’ in section 335.7 of carrier’’; and benefits of the projects, including monetary and title 33, Code of Federal Regulations. (B) by striking ‘‘or company’’ and inserting ‘‘, nonmonetary benefits; and (i) REGIONAL SEDIMENT MANAGEMENT.—Sec- company, or carrier’’; (B) the need for a diversity of project types tion 204 of the Water Resources Development (3) in paragraph (3)— and geographical project locations. Act of 1992 (33 U.S.C. 2326) is amended— (A) by striking ‘‘or natural gas company’’ and (c) REGIONAL BENEFICIAL USE TEAMS.— (1) in subsection (a)(1)— inserting ‘‘, natural gas company, or railroad (1) IN GENERAL.—In carrying out the pilot pro- (A) by striking ‘‘For sediment’’ and inserting carrier’’; and gram, the Secretary shall establish regional ben- the following: (B) by striking ‘‘7 years’’ and inserting ‘‘10 eficial use teams to identify and assist in the im- ‘‘(A) SEDIMENT FROM FEDERAL WATER RE- years’’; and plementation of projects under the pilot pro- SOURCES PROJECTS.—For sediment’’; and (4) in paragraph (5) by striking ‘‘and natural gram. (B) by adding at the end the following: gas companies’’ and inserting ‘‘, natural gas (2) COMPOSITION.— ‘‘(B) SEDIMENT FROM OTHER FEDERAL SOURCES companies, and railroad carriers, including an (A) LEADERSHIP.—For each regional beneficial AND NON-FEDERAL SOURCES.—For purposes of evaluation of the compliance with the require- use team established under paragraph (1), the projects carried out under this section, the Sec- ments of this section and, with respect to a per- Secretary shall appoint the Commander of the retary may include sediment from other Federal mit for those entities, the requirements of appli- relevant division of the Corps of Engineers to sources and non-Federal sources, subject to the cable Federal laws’’. serve as the head of the team. requirement that any sediment obtained from a SEC. 1126. STUDY OF WATER RESOURCES DEVEL- (B) MEMBERSHIP.—The membership of each non-Federal source shall not be obtained at OPMENT PROJECTS BY NON-FED- regional beneficial use team shall include— Federal expense.’’; and ERAL INTERESTS. (i) representatives of relevant Corps of Engi- (2) in subsection (d) by adding at the end the Section 203 of the Water Resources Develop- neers districts and divisions; following: ment Act of 1986 (33 U.S.C. 2231) is amended by (ii) representatives of relevant State and local ‘‘(3) SPECIAL RULE.—Disposal of dredged ma- adding at the end the following: agencies; and terial under this subsection may include a single ‘‘(e) TECHNICAL ASSISTANCE.—At the request (iii) representatives of Federal agencies and or periodic application of sediment for beneficial of a non-Federal interest, the Secretary may such other entities as the Secretary determines use and shall not require operation and mainte- provide to the non-Federal interest technical as- appropriate, consistent with the purposes of this nance. sistance relating to any aspect of a feasibility section. ‘‘(4) DISPOSAL AT NON-FEDERAL COST.—The study if the non-Federal interest contracts with (d) CONSIDERATIONS.—The Secretary shall Secretary may accept funds from a non-Federal the Secretary to pay all costs of providing such carry out the pilot program in a manner that— interest to dispose of dredged material as pro- technical assistance.’’. (1) maximizes the beneficial placement of vided under section 103(d)(1) of the Water Re- SEC. 1127. NON-FEDERAL CONSTRUCTION OF AU- dredged material from Federal and non-Federal sources Development Act of 1986 (33 U.S.C. THORIZED FLOOD DAMAGE REDUC- navigation channels; 2213(d)(1)).’’. TION PROJECTS. (2) incorporates, to the maximum extent prac- (j) CLARIFICATION.—Section 156(e) of the Section 204(d) of the Water Resources Devel- ticable, 2 or more Federal navigation, flood con- Water Resources Development Act of 1976 (42 opment Act of 1986 (33 U.S.C. 2232(d)) is amend- trol, storm damage reduction, or environmental U.S.C. 1962d–5f(e)) is amended by striking ‘‘3’’ ed by adding at the end the following: restoration projects; and inserting ‘‘6’’. ‘‘(5) DISCRETE SEGMENTS.— (3) coordinates the mobilization of dredges ‘‘(A) IN GENERAL.—The Secretary may author- SEC. 1123. GREAT LAKES FISHERY AND ECO- and related equipment, including through the SYSTEM RESTORATION. ize credit or reimbursement under this sub- section for a discrete segment of a flood damage use of such efficiencies in contracting and envi- Section 506(g) of the Water Resources Devel- reduction project, or separable element thereof, ronmental permitting as can be implemented opment Act of 2000 (42 U.S.C. 1962d–22(g)) is re- before final completion of the project or sepa- under existing laws and regulations; pealed. (4) fosters Federal, State, and local collabora- rable element if— tion; SEC. 1124. CORPS OF ENGINEERS OPERATION OF ‘‘(i) except as provided in clause (ii), the Sec- UNMANNED AIRCRAFT SYSTEMS. (5) implements best practices to maximize the retary determines that the discrete segment sat- beneficial use of dredged sand and other sedi- (a) IN GENERAL.—The Secretary shall des- isfies the requirements of paragraphs (1) ments; and ignate an individual, within the headquarters through (4) in the same manner as the project or (6) ensures that the use of dredged material is office of the Corps of Engineers, who shall serve separable element; and consistent with all applicable environmental as the coordinator and principal approving offi- ‘‘(ii) notwithstanding paragraph (1)(A)(ii), laws. cial for developing the process and procedures the Secretary determines, before the approval of by which the Corps of Engineers— (e) COST SHARING.— the plans under paragraph (1)(A)(i), that the (1) operates and maintains small unmanned (1) IN GENERAL.—Projects carried out under discrete segment is technically feasible and envi- this section shall be subject to the cost-sharing aircraft (as defined in section 331 of the FAA ronmentally acceptable. Modernization and Reform Act of 2012 (49 requirements applicable to projects carried out ‘‘(B) DETERMINATION.—Credit or reimburse- under section 204 of the Water Resources Devel- U.S.C. 40101 note)) systems in support of civil ment may not be made available to a non-Fed- opment Act of 1992 (33 U.S.C. 2326). works and emergency response missions of the eral interest pursuant to this paragraph until (2) ADDITIONAL COSTS.—Notwithstanding Corps of Engineers; and the Secretary determines that— paragraph (1), if the cost of transporting and (2) acquires, applies for, and receives any nec- ‘‘(i) the construction of the discrete segment depositing dredged material for a project carried essary Federal Aviation Administration author- for which credit or reimbursement is requested is out under this section exceeds the cost of car- izations for such operations and systems. complete; and rying out those activities pursuant to any other (b) REQUIREMENTS.—A small unmanned air- ‘‘(ii) the construction is consistent with the water resources project in accordance, if appli- craft system acquired, operated, or maintained authorization of the applicable flood damage re- cable, with the Federal standard (as defined in for carrying out the missions specified in sub- duction project, or separable element thereof, section 335.7 of title 33, Code of Federal Regula- section (a) shall be operated in accordance with and the plans approved under paragraph tions), the Secretary may not require the non- regulations of the Federal Aviation Administra- (1)(A)(i). Federal interest to bear the additional cost of tion as a civil aircraft or public aircraft, at the ‘‘(C) WRITTEN AGREEMENT.— such activities. discretion of the Secretary, and shall be exempt ‘‘(i) IN GENERAL.—As part of the written (f) REPORT.—Not later than 2 years after the from regulations of the Department of Defense, agreement required under paragraph (1)(A)(iii), date of enactment of this Act, and annually including the Department of the Army, gov- a non-Federal interest to be eligible for credit or thereafter, the Secretary shall submit to the erning such system. reimbursement under this paragraph shall— Committee on Environment and Public Works of (c) LIMITATION.—A small unmanned aircraft ‘‘(I) identify any discrete segment that the the Senate and the Committee on Transpor- system acquired, operated, or maintained by the non-Federal interest may carry out; and tation and Infrastructure of the House of Rep- Corps of Engineers is excluded from use by the ‘‘(II) agree to the completion of the flood dam- resentatives a report that includes— Department of Defense, including the Depart- age reduction project, or separable element (1) a description of the projects selected to be ment of the Army, for any mission of the De- thereof, with respect to which the discrete seg- carried out under the pilot program; partment of Defense other than a mission speci- ment is a part and establish a timeframe for (2) documentation supporting each of the fied in subsection (a). such completion. projects selected; SEC. 1125. FUNDING TO PROCESS PERMITS. ‘‘(ii) REMITTANCE.—If a non-Federal interest (3) the findings of regional beneficial use Section 214(a) of the Water Resources Devel- fails to complete a flood damage reduction teams regarding project selection; and opment Act of 2000 (33 U.S.C. 2352(a)) is amend- project, or separable element thereof, that it (4) any recommendations of the Secretary or ed— agreed to complete under clause (i)(II), the non- regional beneficial use teams with respect to the (1) in paragraph (1) by adding at the end the Federal interest shall remit any reimbursements pilot program. following: received under this paragraph for a discrete seg- (g) TERMINATION.—The pilot program shall ‘‘(C) RAILROAD CARRIER.—The term ‘railroad ment of such project or separable element. terminate after completion of the 10 projects car- carrier’ has the meaning given the term in sec- ‘‘(D) DISCRETE SEGMENT DEFINED.—In this ried out pursuant to subsection (b)(1). tion 20102 of title 49, United States Code.’’; paragraph, the term ‘discrete segment’ means a

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00018 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7419 physical portion of a flood damage reduction (B) in paragraph (5)— (aa) in the matter preceding item (aa) by project, or separable element thereof— (i) by striking ‘‘State or Indian tribe’’ and in- striking ‘‘State or Indian tribe’’ and inserting ‘‘(i) described by a non-Federal interest in a serting ‘‘State, regional district, or Indian ‘‘State, regional district, or Indian tribe’’; written agreement required under paragraph tribe’’; and (bb) in item (aa) by striking ‘‘miles of levees in (1)(A)(iii); and (ii) by striking ‘‘chief executive of the tribal the State’’ and inserting ‘‘miles of levees in the ‘‘(ii) that the non-Federal interest can operate government’’ and inserting ‘‘chief executive of State or regional district’’; and and maintain, independently and without cre- the regional district or tribal government’’. (cc) in item (bb) by striking ‘‘miles of levees in ating a hazard, in advance of final completion (c) LEVEE SAFETY INITIATIVE.—Section 9005 of all States’’ and inserting ‘‘miles of levees in all of the flood damage reduction project, or sepa- the Water Resources Development Act of 2007 States and regional districts’’; and rable element thereof.’’. (33 U.S.C. 3303a) is amended— (III) in clause (iii)— SEC. 1128. MULTISTATE ACTIVITIES. (1) in subsection (c)— (aa) by striking ‘‘State or Indian tribe’’ and Section 22 of the Water Resources Develop- (A) in paragraph (1)— inserting ‘‘State, regional district, or Indian ment Act of 1974 (42 U.S.C. 1962d–16) is amend- (i) in the matter preceding subparagraph tribe’’; and ed— (A)— (bb) by striking ‘‘State or tribal’’ and inserting (1) in subsection (a)(1)— (I) by striking ‘‘1 year after the date of enact- ‘‘State, regional, or tribal’’; and (A) by striking ‘‘or other non-Federal inter- ment of this subsection’’ and inserting ‘‘1 year (4) in subsection (h)— est’’ and inserting ‘‘, group of States, or non- after the date of enactment of the Water Re- (A) in paragraph (1) by striking ‘‘States, In- Federal interest’’; sources Development Act of 2016’’; and dian tribes, and local governments’’ and insert- (B) by inserting ‘‘or group of States’’ after (II) by striking ‘‘State, local, and tribal gov- ing ‘‘States, regional districts, Indian tribes, ‘‘working with a State’’; and ernments and organizations’’ and inserting and local governments’’; (C) by inserting ‘‘or group of States’’ after ‘‘State, regional, local, and tribal governments (B) in paragraph (2)— ‘‘boundaries of such State’’; and and organizations’’; and (i) in the matter preceding subparagraph (A) (2) in subsection (c)(1) by adding at the end (ii) in subparagraph (A) by striking ‘‘Federal, by striking ‘‘State, Indian tribe, or local govern- the following: ‘‘The Secretary may allow 2 or State, tribal, and local agencies’’ and inserting ment’’ and inserting ‘‘State, regional district, more States to combine all or a portion of the ‘‘Federal, State, regional, local, and tribal agen- Indian tribe, or local government’’; and funds that the Secretary makes available to the cies’’; (ii) in subparagraph (E) in the matter pre- States in carrying out subsection (a)(1).’’. (B) in paragraph (3)— ceding clause (i) by striking ‘‘State or tribal’’ SEC. 1129. PLANNING ASSISTANCE TO STATES. (i) in subparagraph (A) by striking ‘‘State, and inserting ‘‘State, regional, or tribal’’; Section 22 of the Water Resources Develop- local, and tribal governments,’’ and inserting (C) in paragraph (3)— ment Act of 1974 (42 U.S.C. 1962d–16) is amended ‘‘State, regional, local, and tribal governments’’; (i) in subparagraph (A) by striking ‘‘State, In- by adding at the end the following: and dian tribe, or local government’’ and inserting ‘‘(f) SPECIAL RULE.—The cost-share for assist- (ii) in subparagraph (B) by inserting ‘‘, re- ‘‘State, regional district, Indian tribe, or local ance under this section provided to Indian gional, or tribal’’ after ‘‘State’’ each place it ap- government’’; and tribes, the Commonwealth of Puerto Rico, pears; and (ii) in subparagraph (D) by striking ‘‘180 days Guam, American Samoa, the Virgin Islands, the (C) in paragraph (5)(A) by striking ‘‘States, after the date of enactment of this subsection’’ Commonwealth of the Northern Marianas, and non-Federal interests, and other appropriate and inserting ‘‘180 days after the date of enact- the Trust Territory of the Pacific Islands shall stakeholders’’ and inserting ‘‘States, regional ment of the Water Resources Development Act of be as provided under section 1156 of the Water districts, Indian tribes, non-Federal interests, 2016’’; and Resources Development Act of 1986 (33 U.S.C. and other appropriate stakeholders’’; (D) in paragraph (4)(A)(i) by striking ‘‘State 2310).’’. (2) in subsection (e)(1) in the matter preceding or tribal’’ and inserting ‘‘State, regional, or trib- SEC. 1130. REGIONAL PARTICIPATION ASSUR- subparagraph (A) by striking ‘‘States, commu- al’’. ANCE FOR LEVEE SAFETY ACTIVI- nities, and levee owners’’ and inserting ‘‘States, TIES. (d) REPORTS.—Section 9006 of the Water Re- regional districts, Indian tribes, communities, sources Development Act of 2007 (33 U.S.C. (a) NATIONAL LEVEE SAFETY PROGRAM.—Sec- and levee owners’’; tion 9002 of the Water Resources Development 3303b) is amended— (3) in subsection (g)— (1) in subsection (a)(1)— Act of 2007 (33 U.S.C. 3301) is amended— (A) in the subsection heading by striking (1) in paragraph (11) by striking ‘‘State or In- (A) in the matter preceding subparagraph (A) ‘‘STATE AND TRIBAL’’ and inserting ‘‘STATE, RE- by striking ‘‘1 year after the date of enactment dian tribe’’ and inserting ‘‘State, regional dis- GIONAL, AND TRIBAL’’; trict, or Indian tribe’’; of this subsection’’ and inserting ‘‘1 year after (B) in paragraph (1)— the date of enactment of the Water Resources (2) by redesignating paragraphs (12) through (i) in subparagraph (A)— Development Act of 2016’’; and (16) as paragraphs (13) through (17), respec- (I) by striking ‘‘1 year after the date of enact- (B) in subparagraph (B) by striking ‘‘State tively; and ment of this subsection’’ and inserting ‘‘1 year and tribal’’ and inserting ‘‘State, regional, and (3) by inserting after paragraph (11) the fol- after the date of enactment of the Water Re- tribal’’; lowing: sources Development Act of 2016’’; and (2) in subsection (c)— ‘‘(12) REGIONAL DISTRICT.—The term ‘regional (II) by striking ‘‘State or tribal’’ and inserting (A) in the matter preceding paragraph (1)— district’ means a subdivision of a State govern- ‘‘State, regional, or tribal’’; and (i) by striking ‘‘2 years after the date of enact- ment, or a subdivision of multiple State govern- (ii) in subparagraph (B)— ment of this subsection’’ and inserting ‘‘2 years ments, that is authorized to acquire, construct, (I) by striking ‘‘State and Indian tribe’’ and after the date of enactment of the Water Re- operate, and maintain projects for the purpose inserting ‘‘State, regional district, and Indian sources Development Act of 2016’’; and of flood damage reduction.’’. tribe’’; and (b) INVENTORY AND INSPECTION OF LEVEES.— (II) by striking ‘‘State or Indian tribe’’ and (ii) by striking ‘‘State, tribal, and local’’ and Section 9004 of the Water Resources Develop- inserting ‘‘State, regional district, or Indian inserting ‘‘State, regional, tribal, and local’’; ment Act of 2007 (33 U.S.C. 3303) is amended— tribe’’; and (B) in paragraph (2) by striking ‘‘State and (1) in subsection (a)— (C) in paragraph (2)— tribal’’ and inserting ‘‘State, regional, and trib- (A) in paragraph (1) by striking ‘‘one year (i) in the paragraph heading by striking al’’; and after the date of enactment of this Act’’ and in- ‘‘STATES’’ and inserting ‘‘STATES, REGIONAL DIS- (C) in paragraph (4) by striking ‘‘State and serting ‘‘1 year after the date of enactment of TRICTS, AND INDIAN TRIBES’’; local’’ and inserting ‘‘State, regional, tribal, the Water Resources Development Act of 2016’’; and local’’; and (B) in paragraph (2)(A) by striking ‘‘States, (ii) in subparagraph (A) by striking ‘‘States and Indian tribes’’ and inserting ‘‘States, re- (3) in subsection (d)— Indian tribes, Federal agencies, and other enti- (A) in the matter preceding paragraph (1) by ties’’ and inserting ‘‘States, regional districts, gional districts, and Indian tribes’’; (iii) in subparagraph (B)— striking ‘‘1 year after the date of enactment of Indian tribes, Federal agencies, and other enti- (I) in the matter preceding clause (i) by strik- this subsection’’ and inserting ‘‘1 year after the ties’’; and ing ‘‘State or Indian tribe’’ and inserting date of enactment of the Water Resources Devel- (C) in paragraph (3)— opment Act of 2016’’; and (i) in the heading for subparagraph (A) by ‘‘State, regional district, or Indian tribe’’; (II) in clause (ii) by striking ‘‘levees within (B) in paragraph (2) by striking ‘‘State or trib- striking ‘‘FEDERAL, STATE, AND LOCAL’’ and in- al’’ and inserting ‘‘State, regional, or tribal’’. serting ‘‘FEDERAL, STATE, REGIONAL, TRIBAL, the State’’ and inserting ‘‘levees within the SEC. 1131. PARTICIPATION OF NON-FEDERAL IN- AND LOCAL’’; and State or regional district’’; and TERESTS. (ii) in subparagraph (A) by striking ‘‘Federal, (III) in clause (iii) by striking ‘‘State or In- State, and local’’ and inserting ‘‘Federal, State, dian tribe’’ and inserting ‘‘State, regional dis- Section 221(b)(1) of the Flood Control Act of regional, tribal, and local’’; and trict, or Indian tribe’’; 1970 (42 U.S.C. 1962d–5b(b)(1)) is amended by in- (2) in subsection (c)— (iv) in subparagraph (C)(ii) in the matter pre- serting ‘‘and, as defined in section 3 of the Alas- (A) in paragraph (4)— ceding subclause (I) by striking ‘‘State or tribal’’ ka Native Claims Settlement Act (43 U.S.C. (i) in the paragraph heading by striking and inserting ‘‘State, regional, or tribal’’; and 1602), a Native village, Regional Corporation, ‘‘STATE AND TRIBAL’’ and inserting ‘‘STATE, RE- (v) in subparagraph (E)— and Village Corporation’’ after ‘‘Indian tribe’’. GIONAL, AND TRIBAL’’; and (I) by striking ‘‘States and Indian tribes’’ SEC. 1132. POST-AUTHORIZATION CHANGE RE- (ii) by striking ‘‘State or Indian tribe’’ each each place it appears and inserting ‘‘States, re- PORTS. place it appears and inserting ‘‘State, regional gional districts, and Indian tribes’’; (a) IN GENERAL.—The completion of a post- district, or Indian tribe’’; and (II) in clause (ii)(II)— authorization change report prepared by the

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00019 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7420 CONGRESSIONAL RECORD — HOUSE December 8, 2016 Corps of Engineers for a water resources devel- ing systems and databases of the Corps of Engi- ronment and Public Works of the Senate a re- opment project— neers to the maximum extent practicable. port describing the measures implemented and (1) may not be delayed as a result of consider- ‘‘(4) PROTECTION OF INFORMATION.—The elec- barriers faced in carrying out this section. ation being given to changes in policy or pri- tronic system required under paragraph (1) shall ‘‘(g) APPLICABILITY.—The requirements de- ority with respect to project consideration; and provide for the protection of personal, private, scribed in subsections (c), (d), and (e) shall (2) shall be submitted, upon completion, to— privileged, confidential, and proprietary infor- apply to permit applications and requests for ju- (A) the Committee on Environment and Public mation, and information the disclosure of which risdictional determinations submitted to the Sec- Works of the Senate; and is otherwise prohibited by law. retary after the date of enactment of the Water (B) the Committee on Transportation and In- ‘‘(b) SYSTEM REQUIREMENTS.—The electronic Resources Development Act of 2016. frastructure of the House of Representatives. system required under subsection (a) shall— ‘‘(h) LIMITATION.—This section shall not pre- (b) COMPLETION REVIEW.—With respect to a ‘‘(1) enable an applicant or requester to pre- clude the submission to the Secretary, acting post-authorization change report subject to re- pare electronically an application for a permit through the Chief of Engineers, of a physical view by the Secretary, the Secretary shall, not or request; copy of a permit application or a request for a later than 120 days after the date of completion ‘‘(2) enable an applicant or requester to sub- jurisdictional determination.’’. of such report— mit to the Secretary, by email or other means (b) CLERICAL AMENDMENT.—The table of con- (1) review the report; and through the Internet, the completed application tents in section 1(b) of the Water Resources De- (2) provide to Congress any recommendations form or request; velopment Act of 2007 is amended by striking the of the Secretary regarding modification of the ‘‘(3) enable an applicant or requester to sub- item relating to section 2040 and inserting the applicable water resources development project. mit to the Secretary, by email or other means following: (c) PRIOR REPORTS.—Not later than 120 days through the Internet, data and other informa- ‘‘Sec. 2040. Electronic submission and tracking after the date of enactment of this Act, with re- tion in support of the permit application or re- of permit applications.’’. spect to any post-authorization change report quest; SEC. 1135. DATA TRANSPARENCY. that was completed prior to the date of enact- ‘‘(4) provide an online interactive guide to Section 2017 of the Water Resources Develop- ment of this Act and is subject to a review by provide assistance to an applicant or requester ment Act of 2007 (33 U.S.C. 2342) is amended to the Secretary that has yet to be completed, the at any time while filling out the permit applica- read as follows: Secretary shall complete review of, and provide tion or request; and ‘‘SEC. 2017. ACCESS TO WATER RESOURCE DATA. recommendations to Congress with respect to, ‘‘(5) enable an applicant or requester (or a ‘‘(a) IN GENERAL.—Using available funds, the the report. designated agent) to track the status of a permit Secretary shall make publicly available, includ- (d) POST-AUTHORIZATION CHANGE REPORT IN- application or request in a manner that will— ing on the Internet, all data in the custody of CLUSIONS.—In this section, the term ‘‘post-au- ‘‘(A) allow the applicant or requester to deter- the Corps of Engineers on— thorization change report’’ includes— mine whether the application is pending or final ‘‘(1) the planning, design, construction, oper- (1) a general reevaluation report; and the disposition of the request; ation, and maintenance of water resources de- (2) a limited reevaluation report; and ‘‘(B) allow the applicant or requester to re- velopment projects; and (3) any other report that recommends the search previously submitted permit applications ‘‘(2) water quality and water management of modification of an authorized water resources and requests within a given geographic area projects owned, operated, or managed by the development project. and the results of such applications or requests; Corps of Engineers. ‘‘(b) LIMITATION.—Nothing in this section may SEC. 1133. MAINTENANCE DREDGING DATA. and ‘‘(C) allow identification and display of the be construed to compel or authorize the disclo- (a) IN GENERAL.—The Secretary shall estab- location of the activities subject to a permit or sure of data or other information determined by lish, maintain, and make publicly available a request through a map-based interface. the Secretary to be confidential information, database on maintenance dredging carried out ‘‘(c) DOCUMENTATION.—All permit decisions privileged information, law enforcement infor- by the Secretary, which shall include informa- and jurisdictional determinations made by the mation, national security information, infra- tion on maintenance dredging carried out by Secretary shall be in writing and include docu- structure security information, personal infor- Federal and non-Federal vessels. mentation supporting the basis for the decision mation, or information the disclosure of which (b) SCOPE.—The Secretary shall include in the or determination. The Secretary shall prescribe is otherwise prohibited by law. database maintained under subsection (a), for IMING.—The Secretary shall ensure that means for documenting all decisions or deter- ‘‘(c) T each maintenance dredging project and con- data is made publicly available under subsection minations to be made by the Secretary. tract, estimated and actual data on— (a) as quickly as practicable after the data is ‘‘(d) RECORD OF DETERMINATIONS.— (1) the volume of dredged material removed; generated by the Corps of Engineers. ‘‘(1) IN GENERAL.—The Secretary shall main- ‘‘(d) PARTNERSHIPS.—In carrying out this sec- (2) the initial cost estimate of the Corps of En- tain, for a minimum of 5 years, a record of each tion, the Secretary may develop partnerships, gineers; permit decision and jurisdictional determination including through cooperative agreements, with (3) the total cost; made by the Secretary, including documentation State, tribal, and local governments and other (4) the party and vessel carrying out the supporting the basis of the decision or deter- Federal agencies.’’. work; and mination. SEC. 1136. QUALITY CONTROL. (5) the number of private contractor bids re- ‘‘(2) ARCHIVING OF INFORMATION.—The Sec- (a) IN GENERAL.—Paragraph (a) of the first ceived and the bid amounts, including bids that retary shall explore and implement an appro- section of the Act of December 22, 1944 (58 Stat. did not win the final contract award. priate mechanism for archiving records of permit 888, chapter 665; 33 U.S.C. 701–1(a)), is amended SEC. 1134. ELECTRONIC SUBMISSION AND TRACK- decisions and jurisdictional determinations, in- by inserting ‘‘and shall be made publicly avail- ING OF PERMIT APPLICATIONS. cluding documentation supporting the basis of able’’ before the period at the end of the last (a) IN GENERAL.—Section 2040 of the Water the decisions and determinations, after the 5- sentence. Resources Development Act of 2007 (33 U.S.C. year maintenance period described in paragraph 2345) is amended to read as follows: (b) PROJECT ADMINISTRATION.—Section (1). 2041(b)(1) of the Water Resources Development ‘‘SEC. 2040. ELECTRONIC SUBMISSION AND ‘‘(e) AVAILABILITY OF DETERMINATIONS.— Act of 2007 (33 U.S.C. 2346(b)(1)) is amended by TRACKING OF PERMIT APPLICA- ‘‘(1) IN GENERAL.—The Secretary shall make TIONS. inserting ‘‘final post-authorization change re- the records of all permit decisions and jurisdic- port,’’ after ‘‘final reevaluation report,’’. ‘‘(a) DEVELOPMENT OF ELECTRONIC SYSTEM.— tional determinations made by the Secretary SEC. 1137. REPORT ON PURCHASE OF FOREIGN ‘‘(1) IN GENERAL.—The Secretary shall re- available to the public for review and reproduc- MANUFACTURED ARTICLES. search, develop, and implement an electronic tion. Section 213(a) of the Water Resources Devel- system to allow the electronic preparation and ‘‘(2) PROTECTION OF INFORMATION.—The Sec- opment Act of 1992 (Public Law 102–580; 106 submission of applications for permits and re- retary shall provide for the protection of per- Stat. 4831) is amended by adding at the end the quests for jurisdictional determinations under sonal, private, privileged, confidential, and pro- following: the jurisdiction of the Secretary. prietary information, and information the dis- ‘‘(4) REPORT ON PURCHASE OF FOREIGN MANU- ‘‘(2) INCLUSION.—The electronic system re- closure of which is prohibited by law, which FACTURED ARTICLES.— quired under paragraph (1) shall address— may be excluded from disclosure. ‘‘(A) IN GENERAL.—In the first annual report ‘‘(A) applications for standard individual per- ‘‘(f) DEADLINE FOR ELECTRONIC SYSTEM IM- submitted to Congress after the date of enact- mits; PLEMENTATION.— ment of this paragraph in accordance with sec- ‘‘(B) applications for letters of permission; ‘‘(1) IN GENERAL.—The Secretary shall develop tion 8 of the Act of August 11, 1888 (25 Stat. 424, ‘‘(C) joint applications with States for State and implement, to the maximum extent prac- chapter 860; 33 U.S.C. 556), and section 925(b) of and Federal permits; ticable, the electronic system required under the Water Resources Development Act of 1986 ‘‘(D) applications for emergency permits; subsection (a) not later than 2 years after the (33 U.S.C. 2295(b)), the Secretary shall include a ‘‘(E) applications or requests for jurisdictional date of enactment of the Water Resources Devel- report on the amount of acquisitions in the prior determinations; and opment Act of 2016. fiscal year made by the Corps of Engineers for ‘‘(F) preconstruction notification submissions, ‘‘(2) REPORT ON ELECTRONIC SYSTEM IMPLE- civil works projects from entities that manufac- when required for a nationwide or other general MENTATION.—Not later than 180 days after the tured the articles, materials, or supplies outside permit. expiration of the deadline under paragraph (1), of the United States. ‘‘(3) IMPROVING EXISTING DATA SYSTEMS.—The the Secretary shall submit to the Committee on ‘‘(B) CONTENTS.—The report required under Secretary shall seek to incorporate the electronic Transportation and Infrastructure of the House subparagraph (A) shall indicate, for each cat- system required under paragraph (1) into exist- of Representatives and the Committee on Envi- egory of acquisition—

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00020 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7421 ‘‘(i) the dollar value of articles, materials, and Water Resources Development Act of 1986 (33 SEC. 1148. RECREATIONAL ACCESS AT CORPS OF supplies purchased that were manufactured out- U.S.C. 2295(b)), the Secretary shall report on the ENGINEERS RESERVOIRS. side of the United States; and corrosion prevention activities encouraged Section 1035 of the Water Resources Reform ‘‘(ii) a summary of the total procurement under this section, including— and Development Act of 2014 (Public Law 113– funds spent on goods manufactured in the ‘‘(1) a description of the actions the Secretary 121; 128 Stat. 1234) is amended— United States and the total procurement funds has taken to implement this section; and (1) by striking subsection (b) and inserting the spent on goods manufactured outside of the ‘‘(2) a description of the projects utilizing cor- following: United States. rosion prevention activities, including which ac- ‘‘(b) RECREATIONAL ACCESS.—The Secretary ‘‘(C) PUBLIC AVAILABILITY.—Not later than 30 tivities were undertaken.’’. shall allow the use of a floating cabin on waters days after the submission of the report required SEC. 1143. SEDIMENT SOURCES. under the jurisdiction of the Secretary in the under subparagraph (A), the Secretary shall (a) IN GENERAL.—The Secretary is authorized Cumberland River basin if— make such report publicly available, including to undertake a study of the economic and non- ‘‘(1) the floating cabin— on the Internet.’’. economic costs, benefits, and impacts of acquir- ‘‘(A) is in compliance with, and maintained by SEC. 1138. INTERNATIONAL OUTREACH PRO- ing by purchase, exchange, or otherwise sedi- the owner to satisfy the requirements of, regula- GRAM. ment from domestic and nondomestic sources for tions for recreational vessels, including health Section 401(a) of the Water Resources Devel- shoreline protection. and safety standards, issued under chapter 43 of opment Act of 1992 (33 U.S.C. 2329(a)) is amend- (b) REPORT.—Upon completion of the study, title 46, United States Code, and section 312 of ed to read as follows: the Secretary shall report to Congress on the the Federal Water Pollution Control Act (33 ‘‘(a) AUTHORIZATION.— availability, benefits, and impacts, of using do- U.S.C. 1322); and ‘‘(1) IN GENERAL.—The Secretary may engage mestic and nondomestic sources of sediment for ‘‘(B) is located at a marina leased by the in activities to inform the United States of tech- shoreline protection. Corps of Engineers; and ‘‘(2) the Secretary has authorized the use of nological innovations abroad that could signifi- SEC. 1144. PRIORITIZATION OF CERTAIN cantly improve water resources development in PROJECTS. recreational vessels on such waters.’’; and the United States. The Secretary shall give priority to a project (2) by adding at the end the following: ‘‘(2) INCLUSIONS.—Activities under paragraph for flood risk management if— ‘‘(c) LIMITATION ON STATUTORY CONSTRUC- (1) may include— (1) there is an executed project partnership TION.— ‘‘(A) development, monitoring, assessment, agreement for the project; and ‘‘(1) IN GENERAL.—Nothing in this section may and dissemination of information about foreign (2) the project is located in an area— be construed to authorize the Secretary to im- water resources projects that could significantly (A) with respect to which— pose requirements on a floating cabin or on any improve water resources development in the (i) there has been a loss of life due to flood facility that serves a floating cabin, including United States; events; and marinas or docks located on waters under the ‘‘(B) research, development, training, and (ii) the President has declared that a major jurisdiction of the Secretary in the Cumberland other forms of technology transfer and ex- disaster or emergency exists under section 401 of River basin, that are different or more stringent change; and the Robert T. Stafford Disaster Relief and Emer- than the requirements imposed on all rec- ‘‘(C) offering technical services that cannot be gency Assistance Act (42 U.S.C. 5170); or reational vessels authorized to use such waters. readily obtained in the private sector to be in- (B) that is at significant risk for catastrophic ‘‘(2) DEFINITIONS.—In this subsection, the fol- corporated into water resources projects if the flooding. lowing definitions apply: costs for assistance will be recovered under the SEC. 1145. GULF COAST OYSTER BED RECOVERY ‘‘(A) VESSEL.—The term ‘vessel’ has the mean- terms of each project.’’. ASSESSMENT. ing given that term in section 3 of title 1, United States Code. SEC. 1139. DAM SAFETY REPAIR PROJECTS. (a) GULF STATES DEFINED.—In this section, ‘‘(B) REQUIREMENT.—The term ‘requirement’ The Secretary shall issue guidance— the term ‘‘Gulf States’’ means each of the States includes a requirement imposed through the uti- (1) on the types of circumstances under which of Alabama, Florida, Louisiana, Mississippi, lization of guidance.’’. the requirement in section 1203(a) of the Water and Texas. Resources Development Act of 1986 (33 U.S.C. (b) GULF COAST OYSTER BED RECOVERY AS- SEC. 1149. NO WAKE ZONES IN NAVIGATION CHANNELS. 467n(a)) relating to state-of-the-art design or SESSMENT.—The Secretary, in coordination with (a) IN GENERAL.—At the request of a State or construction criteria deemed necessary for safe- the Gulf States, shall conduct an assessment re- local official, the Secretary, in consultation ty purposes applies to a dam safety repair lating to the recovery of oyster beds on the with the Commandant of the Coast Guard, shall project; coasts of the Gulf States that were damaged by (2) to assist district offices of the Corps of En- events, including— promptly identify and, subject to the consider- gineers in communicating with non-Federal in- (1) Hurricane Katrina in 2005; ations in subsection (b), allow the implementa- terests when entering into and implementing (2) the Deepwater Horizon oil spill in 2010; tion of measures for addressing navigation safe- cost-sharing agreements for dam safety repair and ty hazards in a covered navigation channel re- (3) floods in 2011 and 2016. projects; and sulting from wakes created by recreational ves- (c) INCLUSION.—The assessment conducted (3) to assist the Corps of Engineers in commu- sels identified by such official, while maintain- under subsection (b) shall address the beneficial nicating with non-Federal interests concerning ing the navigability of the channel. use of dredged material in providing substrate the estimated and final cost-share responsibil- (b) CONSIDERATIONS.—In identifying measures for oyster bed development. ities of the non-Federal interests under agree- under subsection (a) with respect to a covered (d) REPORT.—Not later than 180 days after the ments for dam safety repair projects. navigation channel, the Secretary shall con- date of enactment of this Act, the Secretary sider, at a minimum, whether— SEC. 1140. FEDERAL COST LIMITATION FOR CER- shall submit to the Committee on Environment (1) State or local law enforcement officers TAIN PROJECTS. and Public Works of the Senate and the Com- have documented the existence of safety hazards Section 506(c) of the Water Resources Develop- mittee on Transportation and Infrastructure of in the channel that are the direct result of ex- ment Act of 2000 (42 U.S.C. 1962d–22(c)) is the House of Representatives a report on the as- cessive wakes from recreational vessels present amended by adding at the end the following: sessment conducted under subsection (b). in the channel; ‘‘(5) RECREATION FEATURES.—A project carried (2) the Secretary has made a determination out pursuant to this subsection may include SEC. 1146. INITIATING WORK ON SEPARABLE ELE- MENTS. that safety concerns exist in the channel and compatible recreation features as determined by With respect to a water resources development that the proposed measures will remedy those the Secretary, except that the Federal costs of project that has received construction funds in concerns without significant impacts to the nav- such features may not exceed 10 percent of the the previous 6-year period, for purposes of initi- igable capacity of the channel; and Federal ecosystem restoration costs of the ating work on a separable element of the (3) the measures are consistent with any rec- project.’’. project— ommendations made by the Commandant of the SEC. 1141. LAKE KEMP, TEXAS. (1) no new start or new investment decision Coast Guard to ensure the safety of vessels oper- Section 3149(a) of the Water Resources Devel- shall be required; and ating in the channel and the safety of the pas- opment Act of 2007 (Public Law 110–114; 121 (2) the work shall be treated as ongoing work. sengers and crew aboard such vessels. Stat. 1147) is amended— SEC. 1147. LOWER BOIS D’ARC CREEK RESERVOIR (c) COVERED NAVIGATION CHANNEL DEFINED.— (1) by striking ‘‘2020’’ and inserting ‘‘2025’’; PROJECT, FANNIN COUNTY, TEXAS. In this section, the term ‘‘covered navigation and (a) FINALIZATION REQUIRED.—The Secretary channel’’ means a navigation channel that— (2) by striking ‘‘this Act’’ and inserting ‘‘the shall ensure that environmental decisions and (1) is federally marked or maintained; Water Resources Development Act of 2016’’. reviews related to the construction of, impound- (2) is part of the Atlantic Intracoastal Water- SEC. 1142. CORROSION PREVENTION. ment of water in, and operation of the Lower way; and Section 1033 of the Water Resources Reform Bois d’Arc Creek Reservoir Project, including (3) is adjacent to a marina. and Development Act of 2014 (33 U.S.C. 2350) is any associated water transmission facilities, by (d) SAVINGS CLAUSE.—Nothing in this section amended by adding at the end the following: the North Texas Municipal Water District in shall be construed to relieve the master, pilot, or ‘‘(d) REPORT.—In the first annual report sub- Fannin County, Texas, are made on an expedi- other person responsible for determining the mitted to Congress after the date of enactment tious basis using the fastest applicable process. speed of a vessel from the obligation to comply of this subsection in accordance with section 8 (b) INTERIM REPORT.—Not later than June 30, with the inland navigation regulations promul- of the Act of August 11, 1888 (25 Stat. 424, chap- 2017, the Secretary shall report to Congress on gated pursuant to section 3 of the Inland Navi- ter 860; 33 U.S.C. 556), and section 925(b) of the the implementation of subsection (a). gational Rules Act of 1980 (33 U.S.C. 2071) or

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00021 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7422 CONGRESSIONAL RECORD — HOUSE December 8, 2016 any other applicable laws or regulations gov- (1) The release of the human remains to the (1) by redesignating subsection (c) as sub- erning the safe navigation of a vessel. claimant tribes is contingent upon the claimant section (d); and SEC. 1150. ICE JAM PREVENTION AND MITIGA- tribes following the Department’s requirements (2) by inserting after subsection (b) the fol- TION. in the Revised Code of Washington. lowing: (a) IN GENERAL.—The Secretary may carry (2) The claimant tribes verify to the Depart- ‘‘(c) USER FEES.— out projects under section 205 of the Flood Con- ment their agreement on the final burial place of ‘‘(1) COLLECTION OF FEES.— trol Act of 1948 (33 U.S.C. 701s), including plan- the human remains. ‘‘(A) IN GENERAL.—The Secretary may allow a ning, design, construction, and monitoring of (3) The claimant tribes verify to the Depart- non-Federal public entity that has entered into structural and nonstructural technologies and ment their agreement that the human remains an agreement pursuant to subsection (b) to col- measures, for preventing and mitigating flood will be buried in the State of Washington. lect user fees for the use of developed recreation damages associated with ice jams. (4) The claimant tribes verify to the Depart- sites and facilities, whether developed or con- (b) INCLUSION.—The projects described in sub- ment their agreement that the Department will structed by that entity or the Department of the section (a) may include the development and take legal custody of the human remains upon Army. demonstration of cost-effective technologies and the transfer by the Secretary. ‘‘(B) USE OF VISITOR RESERVATION SERVICES.— designs developed in consultation with— (d) COST.—The Corps of Engineers shall be re- A non-Federal public entity described in sub- (1) the Cold Regions Research and Engineer- sponsible for any costs associated with the paragraph (A) may use, to manage fee collec- ing Laboratory of the Corps of Engineers; transfer. tions and reservations under this section, any (2) universities; (e) LIMITATIONS.— visitor reservation service that the Secretary has (3) Federal, State, and local agencies; and (1) IN GENERAL.—The transfer shall be limited provided for by contract or interagency agree- (4) private organizations. solely to the human remains portion of the ar- ment, subject to such terms and conditions as (c) PILOT PROGRAM.— chaeological collection. the Secretary determines to be appropriate. (1) IN GENERAL.—During fiscal years 2017 (2) SECRETARY.—The Secretary shall have no ‘‘(2) USE OF FEES.—A non-Federal public enti- through 2022, the Secretary shall identify and further responsibility for the human remains ty that collects user fees under paragraph (1)— carry out not fewer than 10 projects under this transferred pursuant to subsection (b) after the ‘‘(A) may retain up to 100 percent of the fees section to demonstrate technologies and designs date of the transfer. collected, as determined by the Secretary; and developed in accordance with this section. SEC. 1153. AUTHORITY TO ACCEPT AND USE MA- ‘‘(B) notwithstanding section 210(b)(4) of the ROJECT SELECTION (2) P .—The Secretary shall TERIALS AND SERVICES. Flood Control Act of 1968 (16 U.S.C. 460d– ensure that the projects are selected from all Section 1024 of the Water Resources Reform 3(b)(4)), shall use any retained amount for oper- cold regions of the United States, including the and Development Act of 2014 (33 U.S.C. 2325a) is ation, maintenance, and management activities Upper Missouri River Basin and the Northeast. amended— at the recreation site at which the fee is col- SEC. 1151. STRUCTURAL HEALTH MONITORING. (1) by striking subsection (a) and inserting the lected. (a) IN GENERAL.—The Secretary shall design following: ‘‘(3) TERMS AND CONDITIONS.—The authority and develop a structural health monitoring pro- ‘‘(a) IN GENERAL.—Subject to subsection (b), of a non-Federal public entity under this sub- gram to assess and improve the condition of in- the Secretary is authorized to accept and use section shall be subject to such terms and condi- frastructure constructed and maintained by the materials, services, or funds contributed by a tions as the Secretary determines necessary to Corps of Engineers, including research, design, non-Federal public entity, a nonprofit entity, or protect the interests of the United States.’’. and development of systems and frameworks a private entity to repair, restore, replace, or SEC. 1156. STRUCTURES AND FACILITIES CON- for— maintain a water resources project in any case STRUCTED BY SECRETARY. (1) response to flood and earthquake events; in which the District Commander determines (a) IN GENERAL.—Section 14 of the Act of (2) predisaster mitigation measures; that— March 3, 1899 (30 Stat. 1152, chapter 425; 33 (3) lengthening the useful life of the infra- ‘‘(1) there is a risk of adverse impacts to the U.S.C. 408), is amended— structure; and functioning of the project for the authorized (1) by striking ‘‘That it shall not be lawful’’ (4) identifying risks due to sea level rise. purposes of the project; and and inserting the following: (b) CONSULTATION AND CONSIDERATIONS.—In ‘‘(a) PROHIBITIONS AND PERMISSIONS.—It shall developing the program under subsection (a), ‘‘(2) acceptance of the materials and services or funds is in the public interest.’’; not be lawful’’; and the Secretary shall— (2) by adding at the end the following: (1) consult with academic and other experts; (2) by redesignating subsection (c) as sub- section (d); ‘‘(b) CONCURRENT REVIEW.— and ‘‘(1) NEPA REVIEW.— (3) by inserting after subsection (b) the fol- (2) consider models for maintenance and re- ‘‘(A) IN GENERAL.—In any case in which an lowing: pair information, the development of degrada- activity subject to this section requires a review ‘‘(c) ADDITIONAL REQUIREMENTS.— tion models for real-time measurements and en- under the National Environmental Policy Act of ‘‘(1) APPLICABLE LAWS AND REGULATIONS.— vironmental inputs, and research on qualitative The Secretary may only use materials or services 1969 (42 U.S.C. 4321 et seq.), review and ap- inspection data as surrogate sensors. accepted under this section if such materials proval of the activity under this section shall, to SEC. 1152. KENNEWICK MAN. and services comply with all applicable laws the maximum extent practicable, occur concur- (a) DEFINITIONS.—In this section, the fol- and regulations that would apply if such mate- rently with any review and decisions made lowing definitions apply: rials and services were acquired by the Sec- under that Act. (1) CLAIMANT TRIBES.—The term ‘‘claimant ‘‘(B) CORPS OF ENGINEERS AS A COOPERATING retary. tribes’’ means the Confederated Tribes of the AGENCY.—If the Corps of Engineers is not the ‘‘(2) SUPPLEMENTARY SERVICES.—The Sec- Colville Reservation, the Confederated Tribes lead Federal agency for an environmental re- retary may only accept and use services under and Bands of the Yakama Nation, the Nez Perce view described in subparagraph (A), the Corps this section that provide supplementary services Tribe, the Confederated Tribes of the Umatilla of Engineers shall, to the maximum extent prac- to existing Federal employees, and may only use Indian Reservation, and the Wanapum Band of ticable and consistent with Federal laws— such services to perform work that would not Priest Rapids. ‘‘(i) participate in the review as a cooperating otherwise be accomplished as a result of funding (2) DEPARTMENT.—The term ‘‘Department’’ agency (unless the Corps of Engineers does not or personnel limitations.’’; and means the Washington State Department of Ar- intend to submit comments on the project); and (4) in subsection (d) (as redesignated by para- chaeology and Historic Preservation. ‘‘(ii) adopt and use any environmental docu- graph (2)) in the matter preceding paragraph (3) HUMAN REMAINS.—The term ‘‘human re- ment prepared under the National Environ- (1)— mains’’ means the human remains that— mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) (A) by striking ‘‘Not later than 60 days after (A) are known as Kennewick Man or the An- by the lead agency to the same extent that a initiating an activity under this section,’’ and cient One, which includes the projectile point Federal agency could adopt or use a document inserting ‘‘Not later than February 1 of each lodged in the right ilium bone, as well as any prepared by another Federal agency under— residue from previous sampling and studies; and year after the first fiscal year in which mate- ‘‘(I) the National Environmental Policy Act of (B) are part of archaeological collection num- rials, services, or funds are accepted under this 1969 (42 U.S.C. 4321 et seq.); and ber 45BN495. section,’’; and ‘‘(II) parts 1500 through 1508 of title 40, Code (b) TRANSFER.—Notwithstanding any other (B) by striking ‘‘a report’’ and inserting ‘‘an of Federal Regulations (or successor regula- provision of Federal law, including the Native annual report’’. tions). American Graves Protection and Repatriation SEC. 1154. MUNITIONS DISPOSAL. ‘‘(2) REVIEWS BY SECRETARY.—In any case in Act (25 U.S.C. 3001 et seq.), or law of the State Section 1027 of the Water Resources Reform which the Secretary must approve an action of Washington, not later than 90 days after the and Development Act of 2014 (33 U.S.C. 426e–2) under this section and under another authority, date of enactment of this Act, the Secretary, is amended— including sections 9 and 10 of this Act, section acting through the Chief of Engineers, shall (1) in subsection (a), in the matter preceding 404 of the Federal Water Pollution Control Act transfer the human remains to the Department, paragraph (1), by inserting ‘‘, at full Federal ex- (33 U.S.C. 1344), and section 103 of the Marine on the condition that the Department, acting pense,’’ after ‘‘The Secretary may’’; and Protection, Research, and Sanctuaries Act of through the State Historic Preservation Officer, (2) in subsection (b) by striking ‘‘funded’’ and 1972 (33 U.S.C. 1413), the Secretary shall— disposes of the human remains and repatriates inserting ‘‘reimbursed’’. ‘‘(A) coordinate applicable reviews and, to the the human remains to the claimant tribes. SEC. 1155. MANAGEMENT OF RECREATION FACILI- maximum extent practicable, carry out the re- (c) TERMS AND CONDITIONS.—The transfer TIES. views concurrently; and shall be subject to the following terms and con- Section 225 of the Water Resources Develop- ‘‘(B) adopt and use any document prepared ditions: ment Act of 1992 (33 U.S.C. 2328) is amended— by the Corps of Engineers for the purpose of

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00022 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7423 complying with the same law and that addresses ronmental infrastructure assistance program if ‘‘(4) the total size of the building after the the same types of impacts in the same geo- authorized before the date of enactment of the proposed construction or major renovation; graphic area if such document, as determined by Water Resources Development Act of 2016.’’. ‘‘(5) the number of personnel proposed to be the Secretary, is current and applicable. SEC. 1158. NEW ENGLAND DISTRICT HEAD- housed in the building after the construction or ‘‘(3) CONTRIBUTED FUNDS.—The Secretary may QUARTERS. major renovation; accept and expend funds received from non-Fed- (a) IN GENERAL.—Subject to subsection (b), ‘‘(6) a statement that other suitable space eral public or private entities to evaluate under using amounts available in the revolving fund owned by the Federal Government is not avail- this section an alteration or permanent occupa- established by the first section of the Act of July able; tion or use of a work built by the United States. 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 576), ‘‘(7) a statement of rents and other housing ‘‘(c) TIMELY REVIEW.— and not otherwise obligated, the Secretary costs currently being paid for the tenants pro- ‘‘(1) COMPLETE APPLICATION.—On or before may— posed to be housed in the building; and the date that is 30 days after the date on which (1) design, renovate, and construct additions ‘‘(8) the size of the building currently housing the Secretary receives an application for permis- to 2 buildings located on Hanscom Air Force the tenants proposed to be housed in the build- sion to take action affecting public projects pur- Base in Bedford, Massachusetts, for the head- ing. suant to subsection (a), the Secretary shall in- quarters of the New England District of the ‘‘(d) PROVISION OF BUILDING PROJECT SUR- form the applicant whether the application is Corps of Engineers; and VEYS.— complete and, if it is not, what items are needed (2) carry out such construction and infra- ‘‘(1) IN GENERAL.—If requested by resolution for the application to be complete. structure improvements as are required to sup- by the Committee on Environment and Public ‘‘(2) DECISION.—On or before the date that is port the headquarters of the New England Dis- Works of the Senate or the Committee on Trans- 90 days after the date on which the Secretary trict of the Corps of Engineers, including any portation and Infrastructure of the House of receives a complete application for permission necessary demolition of the existing infrastruc- Representatives, the Secretary shall create a under subsection (a), the Secretary shall— ture. building project survey for the construction or ‘‘(A) make a decision on the application; or (b) REQUIREMENT.—In carrying out subsection major renovation of a building described in sub- ‘‘(B) provide a schedule to the applicant iden- (a), the Secretary shall ensure that the revolv- section (b). tifying when the Secretary will make a decision ing fund established by such first section is ap- ‘‘(2) REPORT.—Within a reasonable time after on the application. propriately reimbursed from funds appropriated creating a building project survey under para- ‘‘(3) NOTIFICATION TO CONGRESS.—In any case for programs that receive a benefit under this graph (1), the Secretary shall submit to Congress in which a schedule provided under paragraph section. a report on the survey that includes the infor- (2)(B) extends beyond 120 days from the date of SEC. 1159. BUFFALO DISTRICT HEADQUARTERS. mation required to be included in a prospectus receipt of a complete application, the Secretary (a) IN GENERAL.—Subject to subsection (b), under subsection (c). shall provide to the Committee on Environment using amounts available in the revolving fund ‘‘(e) MAJOR RENOVATION DEFINED.—In this and Public Works of the Senate and the Com- established by the first section of the Act of July section, the term ‘major renovation’ means a mittee on Transportation and Infrastructure of 27, 1953 (67 Stat. 199, chapter 245; 33 U.S.C. 576), renovation or alteration of a building for use by the House of Representatives an explanation and not otherwise obligated, the Secretary the Corps of Engineers with a total expenditure justifying the extended timeframe for review.’’. may— of more than $20,000,000.’’. (b) GUIDANCE.—Section 1007 of the Water Re- (1) design and construct a new building in SEC. 1161. COMPLETION OF ECOSYSTEM RES- sources Reform and Development Act of 2014 (33 Buffalo, New York, for the headquarters of the TORATION PROJECTS. U.S.C. 408a) is amended by adding at the end Buffalo District of the Corps of Engineers; and Section 2039 of the Water Resources Develop- the following: (2) carry out such construction and infra- ment Act of 2007 (33 U.S.C. 2330a) is amended by ‘‘(f) GUIDANCE.— structure improvements as are required to sup- adding at the end the following: ‘‘(1) IN GENERAL.—Not later than 120 days port the headquarters and related installations ‘‘(d) INCLUSIONS.—A monitoring plan under after the date of enactment of this subsection, and facilities of the Buffalo District of the Corps subsection (b) shall include a description of— the Secretary shall issue guidance on the imple- of Engineers, including any necessary demoli- ‘‘(1) the types and number of restoration ac- mentation of this section. tion or renovation of the existing infrastructure. tivities to be conducted; ‘‘(2) INCORPORATION.—In issuing guidance (b) REQUIREMENT.—In carrying out subsection ‘‘(2) the physical action to be undertaken to under paragraph (1), or any other regulation, (a), the Secretary shall ensure that the revolv- achieve the restoration objectives of the project; guidance, or engineering circular related to ac- ing fund established by such first section is ap- ‘‘(3) the functions and values that will result tivities covered under section 14 of the Act of propriately reimbursed from funds appropriated from the restoration plan; and March 3, 1899 (30 Stat. 1152, chapter 425; 33 for programs that receive a benefit under this ‘‘(4) a contingency plan for taking corrective U.S.C. 408), the Secretary shall incorporate the section. actions in cases in which monitoring dem- requirements under this section. SEC. 1160. FUTURE FACILITY INVESTMENT. onstrates that restoration measures are not ‘‘(g) PRIORITIZATION.—The Secretary shall The first section of the Act of July 27, 1953 (67 achieving ecological success in accordance with prioritize and complete the activities required of Stat. 199, chapter 245; 33 U.S.C. 576), is amend- criteria described in the monitoring plan. the Secretary under this section.’’. ed— ‘‘(e) CONCLUSION OF OPERATION AND MAINTE- SEC. 1157. PROJECT COMPLETION. (1) by striking ‘‘For establishment of a revolv- NANCE RESPONSIBILITY.—The responsibility of a (a) COMPLETION OF PROJECTS AND PRO- ing fund’’ and inserting the following: non-Federal interest for operation and mainte- GRAMS.— ‘‘(a) REVOLVING FUND.—For establishment of nance of the nonstructural and nonmechanical (1) IN GENERAL.—For any project or program a revolving fund’’; and elements of a project, or a component of a of assistance authorized under section 219 of the (2) by adding at the end the following: project, for ecosystem restoration shall cease 10 Water Resources Development Act of 1992 (Pub- ‘‘(b) PROHIBITION.— years after the date on which the Secretary lic Law 102–580; 106 Stat. 4835), the Secretary is ‘‘(1) IN GENERAL.—No funds may be expended makes a determination of success under sub- authorized to carry out the project to completion or obligated from the revolving fund described in section (b)(2). if— subsection (a) to newly construct, or perform a ‘‘(f) FEDERAL OBLIGATIONS.—The Secretary is (A) as of the date of enactment of this Act, the major renovation on, a building for use by the not responsible for the operation or maintenance project has received more than $4,000,000 in Fed- Corps of Engineers unless specifically author- of any components of a project with respect to eral appropriations and those appropriations ized by law. which a non-Federal interest is released from equal an amount that is greater than 80 percent ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in obligations under subsection (e).’’. of the authorized amount; this subsection may be construed to— SEC. 1162. FISH AND WILDLIFE MITIGATION. (B) as of the date of enactment of this Act, ‘‘(A) change any authority provided under Section 906 of the Water Resources Develop- significant progress has been demonstrated to- subchapter I of chapter 169 of title 10; or ment Act of 1986 (33 U.S.C. 2283) is amended— ward completion of the project or segments of ‘‘(B) change the use of funds under subsection (1) in subsection (h)— the project but the project is not complete; and (a) for purposes other than those described in (A) in paragraph (4)— (C) the benefits of the Federal investment will paragraph (1). (i) by redesignating subparagraphs (D) and not be realized without completion of the ‘‘(c) TRANSMISSION TO CONGRESS OF PRO- (E) as subparagraphs (E) and (F), respectively; project. SPECTUS.—To secure consideration for an au- and (2) AUTHORIZATION OF APPROPRIATIONS.— thorization under subsection (b), the Secretary (ii) by inserting after subparagraph (C) the There is authorized to be appropriated to the shall transmit to the Committee on Transpor- following: Secretary to carry out this subsection $50,000,000 tation and Infrastructure of the House of Rep- ‘‘(D) include measures to protect or restore for fiscal years 2017 through 2021. resentative and the Committee on Environment habitat connectivity;’’; (b) MODIFICATION OF PROJECTS OR PROGRAMS and Public Works of the Senate a prospectus of (B) in paragraph (6)(C) by striking ‘‘impacts’’ OF ASSISTANCE.—Section 7001(f) of the Water the proposed construction or major renovation and inserting ‘‘impacts, including impacts to Resources Reform and Development Act of 2014 of a building that includes— habitat connectivity’’; and (33 U.S.C. 2282d(f)) is amended by adding at the ‘‘(1) a brief description of the building; (C) by striking paragraph (11) and inserting end the following: ‘‘(2) the location of the building; the following: ‘‘(5) WATER RESOURCES DEVELOPMENT ‘‘(3) an estimate of the maximum cost to be ‘‘(11) EFFECT.—Nothing in this subsection— PROJECT.—The term ‘water resources develop- provided by the revolving fund for the building ‘‘(A) requires the Secretary to undertake addi- ment project’ includes a project under an envi- to be constructed or renovated; tional mitigation for existing projects for which

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00023 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7424 CONGRESSIONAL RECORD — HOUSE December 8, 2016 mitigation has already been initiated, including structions, and other debris located in or adja- SEC. 1171. CREDIT IN LIEU OF REIMBURSEMENT. the addition of fish passage to an existing water cent to a Federal channel’’; and Section 1022 of the Water Resources Reform resources development project; or (3) by striking ‘‘or flood control’’ and insert- and Development Act of 2014 (33 U.S.C. 2225) is ‘‘(B) affects the mitigation responsibilities of ing ‘‘, flood control, or recreation’’. amended— the Secretary under any other provision of SEC. 1165. DISPOSITION STUDIES. (1) in subsection (a) by striking ‘‘that has law.’’; and (a) IN GENERAL.—In carrying out a disposi- been constructed by a non-Federal interest (2) by adding at the end the following: tion study for a project of the Corps of Engi- under section 211 of the Water Resources Devel- ‘‘(j) USE OF FUNDS.— neers, including a disposition study under sec- opment Act of 1996 (33 U.S.C. 701b–13) before the ‘‘(1) IN GENERAL.—The Secretary, with the tion 216 of the Flood Control Act of 1970 (33 date of enactment of this Act’’ and inserting consent of the applicable non-Federal interest, U.S.C. 549a) or an assessment under section 6002 ‘‘for which a written agreement with the Corps may use funds made available for of the Water Resources Reform and Develop- of Engineers for construction was finalized on preconstruction engineering and design after ment Act of 2014 (Public Law 113–121; 128 Stat. or before December 31, 2014, under section 211 of authorization of project construction to satisfy 1349), the Secretary shall consider the extent to the Water Resources Development Act of 1996 mitigation requirements through third-party ar- which the property concerned has economic, (33 U.S.C. 701b–13) (as it existed before the re- rangements or to acquire interests in land nec- cultural, historic, or recreational significance or peal made by section 1014(c)(3))’’; and essary for meeting mitigation requirements impacts at the national, State, or local level. (2) in subsection (b) by striking ‘‘share of the under this section. (b) COMPLETION OF ASSESSMENT AND INVEN- cost of the non-Federal interest of carrying out ‘‘(2) NOTIFICATION.—Prior to the expenditure TORY.—Not later than 1 year after the date of other flood damage reduction projects or stud- of any funds for a project pursuant to para- enactment of this Act, the Secretary shall com- ies’’ and inserting ‘‘non-Federal share of the graph (1), the Secretary shall notify the Com- plete the assessment and inventory required cost of carrying out other water resources devel- mittee on Appropriations and the Committee on under section 6002(a) of the Water Resources opment projects or studies of the non-Federal Transportation and Infrastructure of the House Reform and Development Act of 2014 (Public interest’’. of Representatives and the Committee on Appro- Law 113–121; 128 Stat. 1349). SEC. 1172. EASEMENTS FOR ELECTRIC, TELE- priations and the Committee on Environment SEC. 1166. TRANSFER OF EXCESS CREDIT. PHONE, OR BROADBAND SERVICE and Public Works of the Senate. Section 1020(a) of the Water Resources Reform FACILITIES. ‘‘(k) MEASURES.—The Secretary shall consult and Development Act of 2014 (33 U.S.C. 2223(a)) (a) DEFINITION OF WATER RESOURCES DEVEL- with interested members of the public, the Direc- is amended— OPMENT PROJECT.—In this section, the term tor of the United States Fish and Wildlife Serv- (1) by striking the subsection designation and ‘‘water resources development project’’ means a ice, the Assistant Administrator for Fisheries of heading and all that follows through ‘‘Subject project under the administrative jurisdiction of the National Oceanic and Atmospheric Adminis- to subsection (b)’’ and inserting the following: the Corps of Engineers that is subject to part 327 tration, States, including State fish and game ‘‘(a) APPLICATION OF CREDIT.— of title 36, Code of Federal Regulations (or suc- departments, and interested local governments ‘‘(1) IN GENERAL.—Subject to subsection (b)’’; cessor regulations). to identify standard measures under subsection and (b) NO CONSIDERATION FOR EASEMENTS.—The (h)(6)(C) that reflect the best available scientific (2) by adding at the end the following: Secretary may not collect consideration for an information for evaluating habitat ‘‘(2) APPLICATION PRIOR TO COMPLETION OF easement across water resources development connectivity.’’. PROJECT.—On request of a non-Federal interest, project land for the electric, telephone, or SEC. 1163. WETLANDS MITIGATION. the credit described in paragraph (1) may be ap- broadband service facilities of nonprofit organi- Section 2036(c) of the Water Resources Devel- plied prior to completion of a study or project, zations eligible for financing under the Rural opment Act of 2007 (33 U.S.C. 2317b) is amended if the credit amount is verified by the Sec- Electrification Act of 1936 (7 U.S.C. 901 et seq.). to read as follows: retary.’’. (c) ADMINISTRATIVE EXPENSES.—Nothing in ‘‘(c) MITIGATION BANKS AND IN-LIEU FEE AR- SEC. 1167. HURRICANE AND STORM DAMAGE RE- this section affects the authority of the Sec- RANGEMENTS.— DUCTION. retary under section 2695 of title 10, United ‘‘(1) IN GENERAL.—Not later than 180 days Section 3(c)(2)(B) of the Act of August 13, 1946 States Code, or under section 9701 of title 31, after the date of enactment of the Water Re- (60 Stat. 1056, chapter 960; 33 U.S.C. United State Code, to collect funds to cover rea- sources Development Act of 2016, the Secretary 426g(c)(2)(B)), is amended by striking sonable administrative expenses incurred by the shall issue implementation guidance that pro- ‘‘$5,000,000’’ and inserting ‘‘$10,000,000’’. Secretary. vides for the consideration in water resources SEC. 1168. FISH HATCHERIES. SEC. 1173. STUDY ON PERFORMANCE OF INNOVA- development feasibility studies of the entire (a) IN GENERAL.—Notwithstanding any other TIVE MATERIALS. amount of potential in-kind credits available at provision of law, the Secretary may operate a (a) INNOVATIVE MATERIAL DEFINED.—In this mitigation banks approved by the Secretary and fish hatchery for the purpose of restoring a pop- section, the term ‘‘innovative material’’, with re- in-lieu fee programs with an approved service ulation of fish species located in the region sur- spect to a water resources development project, area that includes the location of the projected rounding the fish hatchery that is listed as a includes high performance concrete formula- impacts of the water resources development threatened species or an endangered species tions, geosynthetic materials, advanced alloys project. under the Endangered Species Act of 1973 (16 and metals, reinforced polymer composites, in- ‘‘(2) REQUIREMENTS.—All potential mitigation U.S.C. 1531 et seq.) or a similar State law. cluding any coatings or other corrosion preven- bank and in-lieu fee credits that meet the cri- (b) COSTS.—A non-Federal entity, another tion methods used in conjunction with such ma- teria under paragraph (1) shall be considered a Federal agency, or a group of non-Federal enti- terials, and any other material, as determined reasonable alternative for planning purposes ties or other Federal agencies shall be respon- by the Secretary. if— sible for 100 percent of the additional costs asso- (b) STUDY.— ‘‘(A) the applicable mitigation bank— ciated with managing a fish hatchery for the (1) IN GENERAL.—The Secretary shall offer to ‘‘(i) has an approved mitigation banking in- purpose described in subsection (a) that are not enter into a contract with the Transportation strument; and authorized as of the date of enactment of this Research Board of the National Academy of ‘‘(ii) has completed a functional analysis of Act for the fish hatchery. Sciences— the potential credits using the approved Corps SEC. 1169. SHORE DAMAGE PREVENTION OR MITI- (A) to develop a proposal to study the use and of Engineers certified habitat assessment model GATION. performance of innovative materials in water re- specific to the region; and Section 111 of the River and Harbor Act of sources development projects carried out by the ‘‘(B) the Secretary determines that the use of 1968 (33 U.S.C. 426i) is amended— Corps of Engineers; and such banks or in-lieu fee programs provide rea- (1) in subsection (b) by striking ‘‘measures’’ (B) after the opportunity for public comment sonable assurance that the statutory (and regu- and all that follows through ‘‘project’’ and in- provided in accordance with subsection (c), to latory) mitigation requirements for a water re- serting ‘‘measures, including a study, shall be carry out the study proposed under subpara- sources development project are met, including cost-shared in the same proportion as the cost- graph (A). monitoring or demonstrating mitigation success. sharing provisions applicable to construction of (2) CONTENTS.—The study under paragraph ‘‘(3) EFFECT.—Nothing in this subsection— the project’’; and (1) shall identify— ‘‘(A) modifies or alters any requirement for a (2) by adding at the end the following: (A) the conditions that result in degradation water resources development project to comply ‘‘(e) REIMBURSEMENT FOR FEASIBILITY STUD- of water resources infrastructure; with applicable laws or regulations, including IES.—Beginning on the date of enactment of this (B) the capabilities of innovative materials in section 906 of the Water Resources Development subsection, in any case in which the Secretary reducing degradation; Act of 1986 (33 U.S.C. 2283); or implements a project under this section, the Sec- (C) any statutory, fiscal, regulatory, or other ‘‘(B) shall be construed as to limit mitigation retary shall reimburse or credit the non-Federal barriers to the expanded successful use of inno- alternatives or require the use of mitigation interest for any amounts contributed for the vative materials; banks or in-lieu fee programs.’’. study evaluating the damage in excess of the (D) recommendations on including perform- SEC. 1164. DEBRIS REMOVAL. non-Federal share of the costs, as determined ance-based requirements for the incorporation of Section 3 of the Act of March 2, 1945 (59 Stat. under subsection (b).’’. innovative materials into the Unified Facilities 23, chapter 19; 33 U.S.C. 603a), is amended— SEC. 1170. ENHANCING LAKE RECREATION OP- Guide Specifications; (1) by striking ‘‘$1,000,000’’ and inserting PORTUNITIES. (E) recommendations on how greater use of ‘‘$5,000,000’’; Section 3134 of the Water Resources Develop- innovative materials could increase performance (2) by striking ‘‘accumulated snags and other ment Act of 2007 (Public Law 110–114; 121 Stat. of an asset of the Corps of Engineers in relation debris’’ and inserting ‘‘accumulated snags, ob- 1142) is amended by striking subsection (e). to extended service life;

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00024 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7425 (F) additional ways in which greater use of ‘‘(2) the non-Federal sponsor agrees to pay assistance on land transferred by the Depart- innovative materials could empower the Corps of the difference between the cost of repair or res- ment of the Army to the Department of the Inte- Engineers to accomplish the goals of the Stra- toration to the original design level or original rior pursuant to title IV of Public Law 100–581 tegic Plan for Civil Works of the Corps of Engi- capacity and the cost of achieving the higher (102 Stat. 2944; 110 Stat. 766; 110 Stat. 3762; 114 neers; and level of protection or capacity sought by the Stat. 2679; 118 Stat. 544) to Indian tribes dis- (G) recommendations on any further research non-Federal sponsor. placed as a result of the construction of the needed to improve the capabilities of innovative ‘‘(e) NOTICE.—The Secretary shall notify and Bonneville Dam, Oregon. materials in achieving extended service life and consult with the non-Federal sponsor regarding (B) CLARIFICATION.— reduced maintenance costs in water resources the opportunity to request implementation of (i) IN GENERAL.—The Secretary is authorized development infrastructure. nonstructural alternatives to the repair or res- to provide the assistance described in subpara- (c) PUBLIC COMMENT.—After developing the toration of a flood control work under sub- graph (A) based on information known or stud- study proposal under subsection (b)(1)(A) and section (a).’’. ies undertaken by the Secretary prior to the before carrying out the study under subsection SEC. 1177. REHABILITATION OF CORPS OF ENGI- date of enactment of this subsection. (b)(1)(B), the Secretary shall provide an oppor- NEERS CONSTRUCTED DAMS. (ii) ADDITIONAL STUDIES.—To the extent that tunity for public comment on the study pro- (a) IN GENERAL.—If the Secretary determines the Secretary determines necessary, the Sec- posal. that the project is feasible, the Secretary may retary is authorized to undertake additional (d) CONSULTATION.—In carrying out the study carry out a project for the rehabilitation of a studies to further examine any impacts to In- under subsection (b)(1), the Secretary, at a min- dam described in subsection (b). dian tribes identified in subparagraph (A) be- imum, shall consult with relevant experts on en- (b) ELIGIBLE DAMS.—A dam eligible for assist- yond any information or studies identified gineering, environmental, and industry consid- ance under this section is a dam— under clause (i), except that the Secretary is au- erations. (1) that has been constructed, in whole or in thorized to provide the assistance described in (e) REPORT TO CONGRESS.—Not later than 2 part, by the Corps of Engineers for flood control subparagraph (A) based solely on information years after the date of enactment of this Act, purposes; known or studies undertaken by the Secretary the Secretary shall submit to Congress a report (2) for which construction was completed be- prior to the date of enactment of this subsection. describing the results of the study under sub- fore 1940; (2) STUDY OF IMPACTS OF JOHN DAY DAM, OR- section (b)(1). (3) that is classified as ‘‘high hazard poten- EGON.—The Secretary shall— SEC. 1174. CONVERSION OF SURPLUS WATER tial’’ by the State dam safety agency of the (A) conduct a study to determine the number AGREEMENTS. State in which the dam is located; and of Indian tribes displaced by the construction of For the purposes of section 6 of the Act of De- (4) that is operated by a non-Federal entity. the John Day Dam, Oregon; and cember 22, 1944 (58 Stat. 890, chapter 665; 33 (c) COST SHARING.—Non-Federal interests (B) recommend to the Committee on Transpor- U.S.C. 708), in any case in which a water sup- shall provide 35 percent of the cost of construc- tation and Infrastructure of the House of Rep- ply agreement with a duration of 30 years or tion of any project carried out under this sec- resentatives and the Committee on Environment longer was predicated on water that was sur- tion, including provision of all land, easements, and Public Works of the Senate a plan to pro- plus to a purpose and provided for the complete rights-of-way, and necessary relocations. vide assistance to Indian tribes displaced as a payment of the actual investment costs of stor- (d) AGREEMENTS.—Construction of a project result of the construction of the John Day Dam, age to be used, and that purpose is no longer under this section shall be initiated only after a Oregon. authorized as of the date of enactment of this non-Federal interest has entered into a binding SEC. 1179. MISSOURI RIVER. section, the Secretary shall provide to the non- agreement with the Secretary— Federal entity an opportunity to convert the (a) RESERVOIR SEDIMENT MANAGEMENT.— (1) to pay the non-Federal share of the costs (1) DEFINITION OF SEDIMENT MANAGEMENT agreement to a permanent storage agreement in of construction under subsection (c); and accordance with section 301 of the Water Supply PLAN.—In this subsection, the term ‘‘sediment (2) to pay 100 percent of any operation, main- management plan’’ means a plan for preventing Act of 1958 (43 U.S.C. 390b), with the same pay- tenance, and replacement and rehabilitation ment terms incorporated in the agreement. sediment from reducing water storage capacity costs with respect to the project in accordance at a reservoir and increasing water storage ca- SEC. 1175. PROJECTS FUNDED BY THE INLAND with regulations prescribed by the Secretary. WATERWAYS TRUST FUND. pacity through sediment removal at a reservoir. (e) COST LIMITATION.—The Secretary shall not (2) UPPER MISSOURI RIVER BASIN PILOT PRO- Beginning on June 10, 2014, and ending on the expend more than $10,000,000 for a project at date of the completion of the project for naviga- GRAM.—The Secretary shall carry out a pilot any single dam under this section. program for the development and implementa- tion, Lower Ohio River, Locks and Dams 52 and (f) FUNDING.—There is authorized to be appro- 53, Illinois and Kentucky, authorized by section tion of sediment management plans for res- priated to carry out this section $10,000,000 for ervoirs owned and operated by the Secretary in 3(a)(6) of the Water Resources Development Act each of fiscal years 2017 through 2026. of 1988 (102 Stat. 4013), section 1001(b)(2) of the the Upper Missouri River Basin, on request by SEC. 1178. COLUMBIA RIVER. Water Resources Development Act of 1986 (33 project beneficiaries. U.S.C. 579a(b)(2)) shall not apply to any project (a) ECOSYSTEM RESTORATION.—Section 536(g) (3) PLAN ELEMENTS.—A sediment management authorized to receive funding from the Inland of the Water Resources Development Act of 2000 plan under paragraph (2) shall— Waterways Trust Fund established by section (Public Law 106–541; 114 Stat. 2662; 128 Stat. (A) provide opportunities for project bene- 9506(a) of the Internal Revenue Code of 1986. 1314) is amended by striking ‘‘$50,000,000’’ and ficiaries and other stakeholders to participate in inserting ‘‘$75,000,000’’. sediment management decisions; SEC. 1176. REHABILITATION ASSISTANCE. (b) WATERCRAFT INSPECTION STATIONS.—Sec- (B) evaluate the volume of sediment in a res- Section 5 of the Act of August 18, 1941 (55 tion 104 of the River and Harbor Act of 1958 (33 ervoir and impacts on storage capacity; Stat. 650, chapter 377; 33 U.S.C. 701n), is amend- U.S.C. 610) is amended— (C) identify preliminary sediment management ed— (1) in subsection (a) by adding at the end the (1) in subsection (d)— options, including sediment dikes and dredging; following: (A) by striking paragraph (1) and inserting (D) identify constraints; ‘‘(3) NONSTRUCTURAL ALTERNATIVES DE- the following: (E) assess technical feasibility, economic jus- N GENERAL FINED.—In this subsection, the term ‘non- ‘‘(1) I .—In carrying out this sec- tification, and environmental impacts; structural alternatives’ includes efforts to re- tion, the Secretary may establish, operate, and (F) identify beneficial uses for sediment; and store or protect natural resources, including maintain new or existing watercraft inspection (G) to the maximum extent practicable, use, streams, rivers, floodplains, wetlands, or coasts, stations to protect the Columbia River Basin to develop, and demonstrate innovative, cost-sav- if those efforts will reduce flood risk.’’; and be located in the States of Idaho, Montana, Or- ing technologies, including structural and non- (2) by adding at the end the following: egon, and Washington at locations, as deter- structural technologies and designs, to manage ‘‘(d) INCREASED LEVEL OF PROTECTION.—In mined by the Secretary in consultation with sediment. conducting repair or restoration work under such States, with the highest likelihood of pre- (4) COST SHARE.—The beneficiaries requesting subsection (a), at the request of the non-Federal venting the spread of aquatic invasive species at a sediment management plan shall share in the sponsor, the Chief of Engineers may increase reservoirs operated and maintained by the Sec- cost of development and implementation of the the level of protection above the level to which retary. The Secretary shall also assist the States plan and such cost shall be allocated among the the system was designed, or, if the repair or res- referred to in this paragraph with rapid re- beneficiaries in accordance with the benefits to toration includes repair or restoration of a sponse to any aquatic invasive species, includ- be received. pumping station, increase the capacity of a ing quagga or zebra mussel, infestation.’’; and (5) CONTRIBUTED FUNDS.—The Secretary may pump, if— (B) in paragraph (3)(A) by inserting ‘‘Gov- accept funds from non-Federal interests and ‘‘(1) the Chief of Engineers determines the im- ernors of the’’ before ‘‘States’’; and other Federal agencies to develop and implement provements are in the public interest, including (2) in subsection (e) by striking paragraph (3) a sediment management plan under this sub- consideration of whether— and inserting the following: section. ‘‘(A) the authority under this section has been ‘‘(3) assist States in early detection of aquatic (6) GUIDANCE.—The Secretary shall use the used more than once at the same location; invasive species, including quagga and zebra knowledge gained through the development and ‘‘(B) there is an opportunity to decrease sig- mussels; and’’. implementation of sediment management plans nificantly the risk of loss of life and property (c) TRIBAL ASSISTANCE.— under paragraph (2) to develop guidance for damage; or (1) ASSISTANCE AUTHORIZED.— sediment management at other reservoirs. ‘‘(C) there is an opportunity to decrease total (A) IN GENERAL.—Upon the request of the Sec- (7) PARTNERSHIP WITH SECRETARY OF THE IN- life cycle rehabilitation costs for the project; and retary of the Interior, the Secretary may provide TERIOR.—

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00025 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7426 CONGRESSIONAL RECORD — HOUSE December 8, 2016

(A) IN GENERAL.—The Secretary shall carry (B) by striking ‘‘Orangeberg, and Sumter’’ (3) enable each District or combination of Dis- out the pilot program established under this and inserting ‘‘and Orangeberg’’; and tricts of the Corps of Engineers that jointly par- subsection in partnership with the Secretary of (2) in paragraph (78) (121 Stat. 1258)— ticipate in carrying out an assessment under the Interior, and the program may apply to res- (A) in the paragraph heading by striking ‘‘ST. this section to consider regionally appropriate ervoirs managed or owned by the Bureau of CLAIR COUNTY,’’ and inserting ‘‘ST. CLAIR COUN- engineering, biological, ecological, social, eco- Reclamation on execution of a memorandum of TY, BLOUNT COUNTY, AND CULLMAN COUNTY,’’; nomic, and other factors in carrying out the as- agreement between the Secretary and the Sec- and sessment. retary of the Interior establishing the framework (B) by striking ‘‘St. Clair County,’’ and in- (e) REPORTS.—The Secretary shall submit in for a partnership and the terms and conditions serting ‘‘St. Clair County, Blount County, and the 2019 annual report submitted to Congress in for sharing expertise and resources. Cullman County,’’. accordance with section 8 of the Act of August (B) LEAD AGENCY.—The Secretary that has SEC. 1183. COASTAL ENGINEERING. 11, 1888 (25 Stat. 424, chapter 860; 33 U.S.C. 556), primary jurisdiction over a reservoir shall take (a) IN GENERAL.—Section 4014(b) of the Water and section 925(b) of the Water Resources Devel- the lead in developing and implementing a sedi- Resources Reform and Development Act of 2014 opment Act of 1986 (33 U.S.C. 2295(b)) all reports ment management plan for that reservoir. (33 U.S.C. 2803a(b)) is amended— and recommendations prepared under this sec- (8) OTHER AUTHORITIES NOT AFFECTED.—Noth- (1) in paragraph (1) by inserting ‘‘Indian tion, together with any necessary supporting ing in this subsection affects sediment manage- tribes,’’ after ‘‘nonprofit organizations,’’; documentation. ment or the share of costs paid by Federal and (2) by redesignating paragraphs (3) and (4) as SEC. 1184. CONSIDERATION OF MEASURES. non-Federal interests relating to sediment man- paragraphs (4) and (5), respectively; and (a) DEFINITIONS.—In this section, the fol- agement under any other provision of law (in- (3) by inserting after paragraph (2) the fol- lowing definitions apply: cluding regulations). lowing: (1) NATURAL FEATURE.—The term ‘‘natural (b) SNOWPACK AND DROUGHT MONITORING.— ‘‘(3) give priority to projects in communities feature’’ means a feature that is created Section 4003(a) of the Water Resources Reform the existence of which is threatened by rising through the action of physical, geological, bio- and Development Act of 2014 (Public Law 113– sea level, including projects relating to shoreline logical, and chemical processes over time. 121; 128 Stat. 1310) is amended by adding at the restoration, tidal marsh restoration, dunal habi- (2) NATURE-BASED FEATURE.—The term ‘‘na- end the following: tats to protect coastal infrastructure, reduction ture-based feature’’ means a feature that is cre- ‘‘(5) LEAD AGENCY.—The Corps of Engineers of future and existing emergency repair costs, ated by human design, engineering, and con- shall be the lead agency for carrying out and and the beneficial reuse of dredged materials;’’. struction to provide risk reduction in coastal coordinating the activities described in para- (b) INTERAGENCY COORDINATION ON COASTAL areas by acting in concert with natural proc- graph (1).’’. RESILIENCE.— esses. SEC. 1180. CHESAPEAKE BAY OYSTER RESTORA- (1) IN GENERAL.—The Secretary shall convene (b) REQUIREMENT.—In studying the feasibility TION. an interagency working group on resilience to of projects for flood risk management, hurricane Section 704(b)(1) of the Water Resources De- extreme weather, which will coordinate re- and storm damage reduction, and ecosystem res- velopment Act of 1986 (33 U.S.C. 2263(b)(1)) is search, data, and Federal investments related to toration the Secretary shall, with the consent of amended by striking ‘‘$60,000,000’’ and inserting sea level rise, resiliency, and vulnerability to ex- the non-Federal sponsor of the feasibility study, ‘‘$100,000,000’’. treme weather, including coastal resilience. consider, as appropriate— SEC. 1181. SALTON SEA, CALIFORNIA. (2) CONSULTATION.—The interagency working (1) natural features; (a) IN GENERAL.—Section 3032 of the Water group convened under paragraph (1) shall par- (2) nature-based features; Resources Development Act of 2007 (Public Law ticipate in any activity carried out by an orga- (3) nonstructural measures; and 110–114; 121 Stat. 1113) is amended— nization authorized by a State to study and (4) structural measures. (1) in the section heading by inserting ‘‘PRO- issue recommendations on how to address the (c) REPORT TO CONGRESS.— GRAM’’ after ‘‘RESTORATION’’; impacts on Federal assets of recurrent flooding (1) IN GENERAL.—Not later than February 1, (2) in subsection (b)— and sea level rise, including providing consulta- 2020, and 5 and 10 years thereafter, the Sec- (A) in the subsection heading by striking tion regarding policies, programs, studies, plans, retary shall submit to the Committee on Envi- ‘‘PILOT PROJECTS’’ and inserting ‘‘PROGRAM’’; and best practices relating to recurrent flooding ronment and Public Works of the Senate and (B) in paragraph (1)— and sea level rise in areas with significant Fed- the Committee on Transportation and Infra- (i) by redesignating subparagraphs (A) and eral assets. structure of the House of Representatives a re- (B) as subparagraphs (B) and (C), respectively; (c) REGIONAL ASSESSMENTS.— port on the implementation of subsection (b). (ii) by inserting before subparagraph (B) (as (1) IN GENERAL.—The Secretary may conduct (2) CONTENTS.—The report under paragraph so redesignated) the following: regional assessments of coastal and back bay (1) shall include, at a minimum, the following: ‘‘(A) ESTABLISHMENT.—The Secretary shall protection and of Federal and State policies and (A) A description of guidance or instructions carry out a program to implement projects to re- programs related to coastal water resources, in- issued, and other measures taken, by the Sec- store the Salton Sea in accordance with this sec- cluding— retary and the Chief of Engineers to implement tion.’’; (A) an assessment of the probability and the subsection (b). (iii) in subparagraph (B) (as redesignated by extent of coastal flooding and erosion, including (B) An assessment of the costs, benefits, im- clause (i)) by striking ‘‘the pilot’’; and back bay and estuarine flooding; pacts, and trade-offs associated with measures (iv) in subparagraph (C)(i) (as redesignated (B) recommendations for policies and other recommended by the Secretary for coastal risk by clause (i))— measures related to regional Federal, State, reduction and the effectiveness of those meas- (I) in the matter preceding subclause (I), by local, and private participation in shoreline and ures. striking ‘‘the pilot projects referred to in sub- back bay protection projects; (C) A description of any statutory, fiscal, or paragraph (A)’’ and inserting ‘‘the projects re- (C) an evaluation of the performance of exist- regulatory barriers to the appropriate consider- ferred to in subparagraph (B)’’; ing Federal coastal storm damage reduction, ation and use of a full array of measures for (II) in subclause (I) by inserting ‘‘, Salton Sea ecosystem restoration, and navigation projects, coastal risk reduction. Authority, or other non-Federal interest’’ before including recommendations for the improvement SEC. 1185. TABLE ROCK LAKE, ARKANSAS AND the semicolon; and of those projects; and MISSOURI. (III) in subclause (II) by striking ‘‘pilot’’; (D) recommendations for the demonstration of (a) IN GENERAL.—Notwithstanding any other (C) in paragraph (2), in the matter preceding methodologies for resilience through the use of provision of law, the Secretary— subparagraph (A), by striking ‘‘pilot’’; and natural and nature-based infrastructure ap- (1) shall include a 60-day public comment pe- (D) in paragraph (3)— proaches, as appropriate. riod for the Table Rock Lake Master Plan and (i) by striking ‘‘pilot’’ each place it appears; (2) COOPERATION.—In carrying out paragraph Table Rock Lake Shoreline Management Plan and (1), the Secretary shall cooperate with— revision; and (ii) by inserting ‘‘, Salton Sea Authority, or (A) heads of appropriate Federal agencies; (2) shall finalize the revision for the Table other non-Federal interest’’ after ‘‘State’’; and (B) States that have approved coastal man- Rock Lake Master Plan and Table Rock Lake (3) in subsection (c) by striking ‘‘pilot’’. agement programs and appropriate agencies of Shoreline Management Plan during the 2-year LERICAL AMENDMENT.—The table of con- (b) C those States; period beginning on the date of enactment of tents in section 1(b) of the Water Resources De- (C) local governments; and this Act. velopment Act of 2007 (Public Law 110–114; 121 (D) the private sector. (b) SHORELINE USE PERMITS.—During the pe- Stat. 1041) is amended by striking the item relat- (d) STREAMLINING.—In carrying out this sec- riod described in subsection (a)(2), the Secretary ing to section 3032 and inserting the following: tion, the Secretary shall— shall lift or suspend the moratorium on the ‘‘3032. Salton Sea restoration program, Cali- (1) to the maximum extent practicable, use ex- issuance of new, and modifications to existing, fornia.’’. isting research done by Federal, State, regional, shoreline use permits based on the existing SEC. 1182. ADJUSTMENT. local, and private entities to eliminate Table Rock Lake Master Plan and Table Rock Section 219(f) of the Water Resources Develop- redundancies and related costs; Lake Shoreline Management Plan. ment Act of 1992 (Public Law 102–580) is amend- (2) receive from any of the entities described (c) OVERSIGHT COMMITTEE.— ed— in subsection (c)(2)— (1) IN GENERAL.—Not later than 120 days after (1) in paragraph (25) (113 Stat. 336)— (A) contributed funds; or the date of enactment of this Act, the Secretary (A) by inserting ‘‘Berkeley,’’ before ‘‘Cal- (B) research that may be eligible for credit as shall establish an oversight committee (referred houn,’’; and work-in-kind under applicable Federal law; and to in this subsection as the ‘‘Committee’’).

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00026 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7427

(2) PURPOSES.—The purposes of the Committee SEC. 1189. DREDGED MATERIAL DISPOSAL. and section 203 of the Flood Control Act of 1962 shall be— Disposal of dredged material shall not be con- (76 Stat. 1182), to review operations of the (A) to review any permit to be issued under sidered environmentally acceptable for the pur- projects to enhance opportunities for ecosystem the existing Table Rock Lake Master Plan at the poses of identifying the Federal standard (as de- restoration and water supply. recommendation of the District Engineer; and fined in section 335.7 of title 33, Code of Federal (18) SILVER CREEK, HANOVER, NEW YORK.— (B) to advise the District Engineer on revi- Regulations (or successor regulations)) if the Project for flood damage reduction and eco- sions to the new Table Rock Lake Master Plan disposal violates applicable State water quality system restoration, Silver Creek, Hanover, New and Table Rock Lake Shoreline Management standards approved by the Administrator of the York. Plan. Environmental Protection Agency under section (19) STONYCREEK AND LITTLE CONEMAUGH RIV- (3) MEMBERSHIP.—The membership of the 303 of the Federal Water Pollution Control Act ERS, PENNSYLVANIA.—Project for flood damage Committee shall not exceed 6 members and shall (33 U.S.C. 1313). reduction and recreation, Stonycreek and Little include— Subtitle B—Studies Conemaugh Rivers, Pennsylvania. (A) not more than 1 representative each from (20) TIOGA-HAMMOND LAKE, PENNSYLVANIA.— the State of Missouri and the State of Arkansas; SEC. 1201. AUTHORIZATION OF PROPOSED FEASI- BILITY STUDIES. Project for ecosystem restoration, Tioga-Ham- (B) not more than 1 representative each from mond Lake, Pennsylvania. The Secretary is authorized to conduct a fea- local economic development organizations with (21) BRAZOS RIVER, FORT BEND COUNTY, sibility study for the following projects for water jurisdiction over Table Rock Lake; and TEXAS.—Project for flood damage reduction in resources development and conservation and (C) not more than 1 representative each rep- the vicinity of the Brazos River, Fort Bend other purposes, as identified in the reports titled resenting the boating and conservation interests County, Texas. ‘‘Report to Congress on Future Water Resources of Table Rock Lake. (22) CHACON CREEK, CITY OF LAREDO, TEXAS.— Development’’ submitted to Congress on Janu- (4) STUDY.—The Secretary shall— Project for flood damage reduction, ecosystem ary 29, 2015, and January 29, 2016, respectively, (A) carry out a study on the need to revise restoration, and recreation, Chacon Creek, city pursuant to section 7001 of the Water Resources permit fees relating to Table Rock Lake to better of Laredo, Texas. Reform and Development Act of 2014 (33 U.S.C. reflect the cost of issuing those permits and (23) CORPUS CHRISTI SHIP CHANNEL, TEXAS.— 2282d) or otherwise reviewed by Congress: achieve cost savings; Project for navigation, Corpus Christi Ship (1) OUACHITA-BLACK RIVERS, ARKANSAS AND (B) submit to Congress a report on the results Channel, Texas. LOUISIANA.—Project for navigation, Ouachita- of the study described in subparagraph (A); and (24) CITY OF EL PASO, TEXAS.—Project for Black Rivers, Arkansas and Louisiana. (C) begin implementation of a new permit fee flood damage reduction, city of El Paso, Texas. (2) CACHE CREEK SETTLING BASIN, CALI- structure based on the findings of the study de- (25) GULF INTRACOASTAL WATERWAY, scribed in subparagraph (A). FORNIA.—Project for flood damage reduction and ecosystem restoration, Cache Creek Settling BRAZORIA AND MATAGORDA COUNTIES, TEXAS.— SEC. 1186. RURAL WESTERN WATER. Basin, California. Project for navigation and hurricane and storm Section 595 of the Water Resources Develop- damage reduction, Gulf Intracoastal Waterway, (3) COYOTE VALLEY DAM, CALIFORNIA.—Project ment Act of 1999 (Public Law 106–53; 113 Stat. for flood control, water conservation, and re- Brazoria and Matagorda Counties, Texas. 383; 128 Stat. 1316) is amended— lated purposes, Russian River Basin, California, (26) PORT OF BAY CITY, TEXAS.—Project for (1) by redesignating subsection (h) as sub- authorized by the River and Harbor Act of 1950 navigation, Port of Bay City, Texas. section (i); (64 Stat. 177), to modify the Coyote Valley Dam (27) CHINCOTEAGUE ISLAND, VIRGINIA.—Project (2) by inserting after subsection (g) the fol- to add environmental restoration as a project for hurricane and storm damage reduction, lowing: purpose and to increase water supply and im- navigation, and ecosystem restoration, Chin- ‘‘(h) ELIGIBILITY.— prove reservoir operations. coteague Island, Virginia. ‘‘(1) IN GENERAL.—Assistance under this sec- (28) BURLEY CREEK WATERSHED, KITSAP COUN- (4) DEL ROSA CHANNEL, CITY OF SAN tion shall be made available to all eligible States TY, WASHINGTON.—Project for flood damage re- BERNARDINO, CALIFORNIA.—Project for flood and locales described in subsection (b) con- damage reduction and ecosystem restoration, duction and ecosystem restoration, Burley Creek sistent with program priorities determined by Del Rosa Channel, city of San Bernardino, Cali- Watershed, Kitsap County, Washington. the Secretary in accordance with criteria devel- fornia. (29) SAVANNAH RIVER BELOW AUGUSTA, GEOR- oped by the Secretary to establish the program GIA.—Project for ecosystem restoration, water (5) MERCED COUNTY STREAMS, CALIFORNIA.— priorities. Project for flood damage reduction, Merced supply, recreation, and flood control, Savannah ‘‘(2) SELECTION OF PROJECTS.—In selecting County Streams, California. River below Augusta, Georgia. projects for assistance under this section, the OHNSTOWN PENNSYLVANIA (6) MISSION-ZANJA CHANNEL, CITIES OF SAN (30) J , .—Project for Secretary shall give priority to a project located BERNARDINO AND REDLANDS, CALIFORNIA.— flood damage reduction, Johnstown, Pennsyl- in an eligible State or local entity for which the Project for flood damage reduction and eco- vania. project sponsor is prepared to— system restoration, Mission-Zanja Channel, cit- SEC. 1202. ADDITIONAL STUDIES. ‘‘(A) execute a new or amended project co- ies of San Bernardino and Redlands, California. (a) TULSA AND WEST TULSA, ARKANSAS RIVER, operation agreement; and (7) SOBOBA INDIAN RESERVATION, CALI- OKLAHOMA.— ‘‘(B) commence promptly after the date of en- FORNIA.—Project for flood damage reduction, (1) IN GENERAL.—The Secretary shall conduct actment of the Water Resources Development Soboba Indian Reservation, California. a study to determine the feasibility of modifying Act of 2016. (8) INDIAN RIVER INLET, DELAWARE.—Project the projects for flood risk management, Tulsa ‘‘(3) RURAL PROJECTS.—The Secretary shall for hurricane and storm damage reduction, In- and West Tulsa, Oklahoma, authorized by sec- consider a project authorized under this section dian River Inlet, Delaware. tion 3 of the Act of August 18, 1941 (55 Stat. 645, and an environmental infrastructure project au- (9) LEWES BEACH, DELAWARE.—Project for chapter 377). thorized under section 219 of the Water Re- hurricane and storm damage reduction, Lewes (2) REQUIREMENTS.—In carrying out the study sources Development Act of 1992 (Public Law Beach, Delaware. under paragraph (1), the Secretary shall address 102–580; 106 Stat. 4835) for new starts on the (10) MISPILLION COMPLEX, KENT AND SUSSEX project deficiencies, uncertainties, and signifi- same basis as any other similarly funded COUNTIES, DELAWARE.—Project for hurricane cant data gaps, including material, construc- project.’’; and and storm damage reduction, Mispillion Com- tion, and subsurface, which render the project (3) in subsection (i) (as redesignated by para- plex, Kent and Sussex Counties, Delaware. at risk of overtopping, breaching, or system fail- graph (1)) by striking ‘‘which shall—’’ and all (11) DAYTONA BEACH, FLORIDA.—Project for ure. that follows through ‘‘remain’’ and inserting flood damage reduction, Daytona Beach, Flor- (3) PRIORITIZATION TO ADDRESS SIGNIFICANT ‘‘to remain’’. ida. RISKS.—In any case in which a levee or levee SEC. 1187. INTERSTATE COMPACTS. (12) BRUNSWICK HARBOR, GEORGIA.—Project system (as defined in section 9002 of the Water Section 301 of the Water Supply Act of 1958 for navigation, Brunswick Harbor, Georgia. Resources Development Act of 2007 (33 U.S.C. (43 U.S.C. 390b) is amended by striking sub- (13) DUBUQUE, IOWA.—Project for flood dam- 3301)) is classified as Class I or II under the section (f). age reduction, Dubuque, Iowa. levee safety action classification tool developed SEC. 1188. SENSE OF CONGRESS. (14) ST. TAMMANY PARISH, LOUISIANA.—Project by the Corps of Engineers, the Secretary shall It is the sense of Congress that— for flood damage reduction and ecosystem res- expedite the project for budget consideration. (1) State water quality standards that impact toration, St. Tammany Parish, Louisiana. (b) CINCINNATI, OHIO.— the disposal of dredged material should be devel- (15) CATTARAUGUS CREEK, NEW YORK.—Project (1) REVIEW.—The Secretary shall review the oped collaboratively, with input from all rel- for flood damage reduction, Cattaraugus Creek, Central Riverfront Park Master Plan, dated De- evant stakeholders; New York. cember 1999, and the Ohio Riverfront Study, (2) open-water disposal of dredged material (16) CAYUGA INLET, ITHACA, NEW YORK.— Cincinnati, Ohio, dated August 2002, to deter- should be reduced to the maximum extent prac- Project for navigation and flood damage reduc- mine the feasibility of carrying out flood risk re- ticable; and tion, Cayuga Inlet, Ithaca, New York. duction, ecosystem restoration, and recreation (3) where practicable, the preference is for dis- (17) DELAWARE RIVER BASIN, NEW YORK, NEW components beyond the ecosystem restoration putes between States related to the disposal of JERSEY, PENNSYLVANIA, AND DELAWARE.— and recreation components that were under- dredged material and the protection of water Projects for flood control, Delaware River taken pursuant to section 5116 of the Water Re- quality to be resolved between the States in ac- Basin, New York, New Jersey, Pennsylvania, sources Development Act of 2007 (Public Law cordance with regional plans and with the in- and Delaware, authorized by section 408 of the 110–114; 121 Stat. 1238) as a second phase of that volvement of regional bodies. Act of July 24, 1946 (60 Stat. 644, chapter 596), project.

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00027 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7428 CONGRESSIONAL RECORD — HOUSE December 8, 2016

(2) AUTHORIZATION.—The project authorized (3) recommend measures to address the Subtitle C—Deauthorizations, Modifications, under section 5116 of the Water Resources De- vulnerabilities described in paragraph (2); and and Related Provisions velopment Act of 2007 (Public Law 110–114; 121 (4) develop a long-term strategy for— SEC. 1301. DEAUTHORIZATION OF INACTIVE Stat. 1238) is modified to authorize the Secretary (A) addressing increased hurricane and storm PROJECTS. to undertake the additional flood risk reduction damages that result from rising sea levels; and (a) PURPOSES.—The purposes of this section and ecosystem restoration components described (B) identifying opportunities to enhance resil- are— in paragraph (1), at a total cost of $30,000,000, iency, increase sustainability, and lower risks (1) to identify $10,000,000,000 in water re- if the Secretary determines that the additional in— sources development projects authorized by Con- flood risk reduction, ecosystem restoration, and (i) populated areas; gress that are no longer viable for construction recreation components, considered together, are (ii) areas of concentrated economic develop- due to— feasible. ment; and (A) a lack of local support; (c) ARCTIC DEEP DRAFT PORT DEVELOPMENT (iii) areas with vulnerable environmental re- (B) a lack of available Federal or non-Federal PARTNERSHIPS.—Section 2105 of the Water Re- sources. resources; or sources Reform and Development Act of 2014 (33 (c) REPORT.—Not later than 4 years after the (C) an authorizing purpose that is no longer U.S.C. 2243) is amended— date of enactment of this Act, the Secretary relevant or feasible; (1) by striking ‘‘(25 U.S.C. 450b))’’ each place shall submit to the Committee on Environment (2) to create an expedited and definitive proc- it appears and inserting ‘‘(25 U.S.C. 5304)) and and Public Works of the Senate and the Com- ess for Congress to deauthorize water resources a Native village, Regional Corporation, or Vil- mittee on Transportation and Infrastructure of development projects that are no longer viable lage Corporation (as those terms are defined in the House of Representatives a report recom- for construction; and section 3 of the Alaska Native Claims Settlement mending specific and detailed actions to address (3) to allow the continued authorization of Act (43 U.S.C. 1602)’’; the risks and vulnerabilities of the areas de- water resources development projects that are (2) in subsection (d) by striking ‘‘the Secretary scribed in subsection (a) due to increased hurri- viable for construction. of Homeland Security’’ and inserting ‘‘the Sec- cane and storm damage as a result of sea level (b) INTERIM DEAUTHORIZATION LIST.— retary of the department in which the Coast rise. (1) IN GENERAL.—The Secretary shall develop Guard is operating’’; and an interim deauthorization list that identifies— (3) by adding at the end the following: SEC. 1205. TEXAS COASTAL AREA. (A) each water resources development project, ‘‘(e) CONSIDERATION OF NATIONAL SECURITY In carrying out the comprehensive plan au- or separable element of a project, authorized for INTERESTS.—In carrying out a study of the fea- thorized by section 4091 of the Water Resources sibility of an Arctic deep draft port, the Sec- Development Act of 2007 (Public Law 110–114; construction before November 8, 2007, for retary— 121 Stat. 1187), the Secretary shall consider which— ‘‘(1) shall consult with the Secretary of the studies, data, and information developed by the (i) planning, design, or construction was not department in which the Coast Guard is oper- Gulf Coast Community Protection and Recovery initiated before the date of enactment of this ating to identify benefits in carrying out the District to expedite completion of the plan. Act; or (ii) planning, design, or construction was ini- missions specified in section 888 of the Homeland SEC. 1206. UPPER MISSISSIPPI AND ILLINOIS RIV- Security Act of 2002 (6 U.S.C. 468) associated ERS. tiated before the date of enactment of this Act, but for which no funds, Federal or non-Federal, with an Arctic deep draft port; (a) IN GENERAL.—The Secretary shall conduct ‘‘(2) shall consult with the Secretary of De- a study of the riverine areas located within the were obligated for planning, design, or construc- fense to identify national security benefits asso- Upper Mississippi River and Illinois River ba- tion of the project or separable element of the ciated with an Arctic deep draft port; and sins to identify the risks and vulnerabilities of project during the current fiscal year or any of ‘‘(3) may consider such benefits in determining those areas to increased flood damages. the 6 preceding fiscal years; and (B) each project or separable element identi- whether an Arctic deep draft port is feasible.’’. (b) REQUIREMENTS.—In carrying out the study (d) MISSISSIPPI RIVER SHIP CHANNEL, GULF TO under subsection (a), the Secretary shall— fied and included on a list to Congress for de- authorization pursuant to section 1001(b)(2) of BATON ROUGE, LOUISIANA.—The Secretary shall (1) conduct a comprehensive analysis of flood the Water Resources Development Act of 1986 conduct a study to determine the feasibility of risk management measures to maintain or en- (33 U.S.C. 579a(b)(2)). modifying the project for navigation, Mississippi hance current levels of protection; (2) PUBLIC COMMENT AND CONSULTATION.— River Ship Channel, Gulf to Baton Rouge, Lou- (2) identify risks and vulnerabilities in the (A) IN GENERAL.—The Secretary shall solicit isiana, authorized by section 201(a) of the Har- areas affected by flooding; comments from the public and the Governors of bor Development and Navigation Improvement (3) recommend specific measures and actions each applicable State on the interim deauthor- Act of 1986 (Public Law 99–662; 100 Stat. 4090), to address the risks and vulnerabilities described ization list developed under paragraph (1). to deepen the channel approaches and the asso- in paragraph (2); (B) COMMENT PERIOD.—The public comment ciated area on the left descending bank of the (4) coordinate with the heads of other appro- period shall be 90 days. Mississippi River between mile 98.3 and mile priate Federal agencies, the Governors of the (3) SUBMISSION TO CONGRESS; PUBLICATION.— 100.6 Above Head of Passes (AHP) to a depth States within the Upper Mississippi and Illinois Not later than 90 days after the date of the close equal to the Channel. River basins, the appropriate levee and drainage of the comment period under paragraph (2), the SEC. 1203. NORTH ATLANTIC COASTAL REGION. districts, nonprofit organizations, and other in- Secretary shall— Section 4009 of the Water Resources Reform terested parties; (A) submit a revised interim deauthorization and Development Act of 2014 (Public Law 113– (5) develop basinwide hydrologic models for list to the Committee on Environment and Pub- 121; 128 Stat. 1316) is amended— the Upper Mississippi River System and improve lic Works of the Senate and the Committee on (1) in subsection (a) by striking ‘‘conduct a analytical methods needed to produce scientif- Transportation and Infrastructure of the House study to determine the feasibility of carrying out ically based recommendations for improvements of Representatives; and projects’’ and inserting ‘‘carry out a comprehen- to flood risk management; and sive assessment and management plan’’; (B) publish the revised interim deauthoriza- (6) develop a long-term strategy for— tion list in the Federal Register. (2) in subsection (b)— (A) addressing increased flood damages; and (A) in the subsection heading by striking (c) FINAL DEAUTHORIZATION LIST.— (B) identifying opportunities to enhance resil- ‘‘STUDY’’ and inserting ‘‘ASSESSMENT AND (1) IN GENERAL.—The Secretary shall develop iency, increase sustainability, and lower risks PLAN’’; and a final deauthorization list of water resources (B) in the matter preceding paragraph (1) by in— development projects, or separable elements of striking ‘‘study’’ and inserting ‘‘assessment and (i) populated areas; projects, from the revised interim deauthoriza- plan’’; and (ii) areas of concentrated economic develop- tion list described in subsection (b)(3). (3) in subsection (c)(1) by striking ‘‘study’’ ment; and (2) DEAUTHORIZATION AMOUNT.— and inserting ‘‘assessment and plan’’. (iii) areas with vulnerable environmental re- (A) PROPOSED FINAL LIST.—The Secretary sources. SEC. 1204. SOUTH ATLANTIC COASTAL STUDY. shall prepare a proposed final deauthorization (c) REPORT.—Not later than 4 years after the (a) IN GENERAL.—The Secretary shall conduct list of projects and separable elements of a study of the coastal areas located within the date of enactment of this Act, the Secretary projects that have, in the aggregate, an esti- geographical boundaries of the South Atlantic shall submit to the Committee on Environment mated Federal cost to complete that is at least Division of the Corps of Engineers to identify and Public Works of the Senate and the Com- $10,000,000,000. the risks and vulnerabilities of those areas to in- mittee on Transportation and Infrastructure of (B) DETERMINATION OF FEDERAL COST TO COM- creased hurricane and storm damage as a result the House of Representatives and make publicly PLETE.—For purposes of subparagraph (A), the of sea level rise. available a report describing the results of the Federal cost to complete shall take into account (b) REQUIREMENTS.—In carrying out the study study conducted under subsection (b). any allowances authorized by section 902 of the under subsection (a), the Secretary shall— SEC. 1207. KANAWHA RIVER BASIN. Water Resources Development Act of 1986 (33 (1) conduct a comprehensive analysis of cur- The Secretary shall conduct studies to deter- U.S.C. 2280), as applied to the most recent rent hurricane and storm damage reduction mine the feasibility of implementing projects for project schedule and cost estimate. measures with an emphasis on regional sediment flood risk management, ecosystem restoration, (3) IDENTIFICATION OF PROJECTS.— management practices to sustainably maintain navigation, water supply, recreation, and other (A) SEQUENCING OF PROJECTS.— or enhance current levels of storm protection; water resource related purposes within the (i) IN GENERAL.—The Secretary shall identify (2) identify risks and coastal vulnerabilities in Kanawha River Basin, West Virginia, Virginia, projects and separable elements of projects for the areas affected by sea level rise; and North Carolina. inclusion on the proposed final deauthorization

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00028 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7429 list according to the order in which the projects project or separable element of a project may not SEC. 1303. VALDEZ, ALASKA. and separable elements of the projects were au- be identified on the interim deauthorization list (a) IN GENERAL.—Subject to subsection (b), thorized, beginning with the earliest authorized developed under subsection (b), or the final de- the portion of the project for navigation, projects and separable elements of projects and authorization list developed under subsection Valdez, Alaska, identified as Tract G, Harbor ending with the latest project or separable ele- (c), if the project or separable element received Subdivision, shall not be subject to navigational ment of a project necessary to meet the aggre- funding for a post-authorization study during servitude beginning on the date of enactment of gate amount under paragraph (2)(A). the current fiscal year or any of the 6 preceding this Act. (ii) FACTORS TO CONSIDER.—The Secretary fiscal years. (b) ENTRY BY FEDERAL GOVERNMENT.—The may identify projects and separable elements of (f) GENERAL PROVISIONS.— Federal Government may enter upon the prop- projects in an order other than that established (1) DEFINITIONS.—In this section, the fol- erty referred to in subsection (a) to carry out by clause (i) if the Secretary determines, on a lowing definitions apply: any required operation and maintenance of the case-by-case basis, that a project or separable (A) POST-AUTHORIZATION STUDY.—The term general navigation features of the project re- element of a project is critical for interests of the ‘‘post-authorization study’’ means— ferred to in subsection (a). United States, based on the possible impact of (i) a feasibility report developed under section SEC. 1304. LOS ANGELES COUNTY DRAINAGE the project or separable element of the project 905 of the Water Resources Development Act of AREA, LOS ANGELES COUNTY, CALI- on public health and safety, the national econ- 1986 (33 U.S.C. 2282); FORNIA. omy, or the environment. (ii) a feasibility study, as defined in section (a) IN GENERAL.—The Secretary shall— (iii) CONSIDERATION OF PUBLIC COMMENTS.—In 105(d) of the Water Resources Development Act (1) prioritize the updating of the water control making determinations under clause (ii), the of 1986 (33 U.S.C. 2215(d)); or manuals for control structures for the project for Secretary shall consider any comments received (iii) a review conducted under section 216 of flood control, Los Angeles County Drainage under subsection (b)(2). the Flood Control Act of 1970 (33 U.S.C. 549a), Area, Los Angeles County, California, author- (B) APPENDIX.—The Secretary shall include as including an initial appraisal that— ized by section 101(b) of the Water Resources part of the proposed final deauthorization list (I) demonstrates a Federal interest; and Development Act of 1990 (Public Law 101–640; an appendix that— (II) requires additional analysis for the 104 Stat. 4611); and (i) identifies each project or separable element project or separable element. (2) integrate and incorporate into the project of a project on the interim deauthorization list (B) WATER RESOURCES DEVELOPMENT seasonal operations for water conservation and developed under subsection (b) that is not in- PROJECT.—The term ‘‘water resources develop- water supply. cluded on the proposed final deauthorization ment project’’ includes an environmental infra- (b) PARTICIPATION.—The update referred to in list; and structure assistance project or program of the subsection (a) shall be done in coordination (ii) describes the reasons why the project or Corps of Engineers. with all appropriate Federal agencies, elected separable element is not included on the pro- (2) TREATMENT OF PROJECT MODIFICATIONS.— officials, and members of the public. For purposes of this section, if an authorized posed final list. SEC. 1305. SUTTER BASIN, CALIFORNIA. (4) PUBLIC COMMENT AND CONSULTATION.— water resources development project or sepa- (a) IN GENERAL.—The separable element con- (A) IN GENERAL.—The Secretary shall solicit rable element of the project has been modified stituting the locally preferred plan increment re- comments from the public and the Governor of by an Act of Congress, the date of the author- flected in the report of the Chief of Engineers each applicable State on the proposed final de- ization of the project or separable element shall dated March 12, 2014, and authorized for con- authorization list and appendix developed be deemed to be the date of the most recent struction in item 8 of the table contained in sec- under paragraphs (2) and (3). modification. tion 7002(2) of the Water Resources Reform and (B) COMMENT PERIOD.—The public comment (g) REPEAL.—Subsection (a) and subsections Development Act of 2014 (Public Law 113–121; period shall be 90 days. (c) through (f) of section 6001 of the Water Re- 128 Stat. 1366) is no longer authorized beginning (5) SUBMISSION OF FINAL LIST TO CONGRESS; sources Reform and Development Act of 2014 (33 on the date of enactment of this Act. PUBLICATION.—Not later than 120 days after the U.S.C. 579b) are repealed. (b) SAVINGS PROVISIONS.—The deauthoriza- date of the close of the comment period under SEC. 1302. BACKLOG PREVENTION. tion under subsection (a) does not affect— paragraph (4), the Secretary shall— (a) PROJECT DEAUTHORIZATION.— (1) the national economic development plan (A) submit a final deauthorization list and an (1) IN GENERAL.—A water resources develop- separable element reflected in the report of the appendix to the final deauthorization list in a ment project, or separable element of such a Chief of Engineers dated March 12, 2014, and report to the Committee on Environment and project, authorized for construction by this Act authorized for construction in item 8 of the table Public Works of the Senate and the Committee shall not be authorized after the last day of the contained in section 7002(2) of the Water Re- on Transportation and Infrastructure of the 10-year period beginning on the date of enact- sources Reform and Development Act of 2014 House of Representatives; and ment of this Act unless— (B) publish the final deauthorization list and (A) funds have been obligated for construction (Public Law 113–121; 128 Stat. 1366); or the appendix to the final deauthorization list in of, or a post-authorization study for, such (2) previous authorizations providing for the the Federal Register. project or separable element during that period; Sacramento River and major and minor tribu- taries project, including— (d) DEAUTHORIZATION; CONGRESSIONAL RE- or (A) section 2 of the Act of March 1, 1917 (39 VIEW.— (B) the authorization contained in this Act Stat. 949, chapter 144); (1) IN GENERAL.—After the expiration of the has been modified by a subsequent Act of Con- 180-day period beginning on the date of submis- gress. (B) section 10 of the Act of December 22, 1944 sion of the final deauthorization list and appen- (2) IDENTIFICATION OF PROJECTS.—Not later (58 Stat. 900, chapter 665); dix under subsection (c), a project or separable than 60 days after the expiration of the 10-year (C) section 204 of the Flood Control Act of element of a project identified in the final de- period referred to in paragraph (1), the Sec- 1950 (64 Stat. 177, chapter 188); and authorization list is hereby deauthorized, unless retary shall submit to the Committee on Envi- (D) any other Acts relating to the authoriza- Congress passes a joint resolution disapproving ronment and Public Works of the Senate and tion for the Sacramento River and major and the final deauthorization list prior to the end of the Committee on Transportation and Infra- minor tributaries project along the Feather such period. structure of the House of Representatives a re- River right bank between levee stationing 1483+33 and levee stationing 2368+00. (2) NON-FEDERAL CONTRIBUTIONS.— port that identifies the projects deauthorized (A) IN GENERAL.—A project or separable ele- under paragraph (1). SEC. 1306. ESSEX RIVER, MASSACHUSETTS. ment of a project identified in the final de- (b) REPORT TO CONGRESS.—Not later than 60 (a) DEAUTHORIZATION.—The portions of the authorization list under subsection (c) shall not days after the expiration of the 12-year period project for navigation, Essex River, Massachu- be deauthorized under this subsection if, before beginning on the date of enactment of this Act, setts, authorized by the Act of July 13, 1892 (27 the expiration of the 180-day period referred to the Secretary shall submit to the Committee on Stat. 88, chapter 158), and modified by the Act in paragraph (1), the non-Federal interest for Environment and Public Works of the Senate of March 3, 1899 (30 Stat. 1121, chapter 425), and the project or separable element of the project and the Committee on Transportation and In- the Act of March 2, 1907 (34 Stat. 1073, chapter provides sufficient funds to complete the project frastructure of the House of Representatives, 2509), that do not lie within the areas described or separable element of the project. and make available to the public, a report that in subsection (b) are no longer authorized begin- (B) TREATMENT OF PROJECTS.—Notwith- contains— ning on the date of enactment of this Act. standing subparagraph (A), each project and (1) a list of any water resources development (b) DESCRIPTION OF PROJECT AREAS.—The separable element of a project identified in the projects authorized by this Act for which con- areas described in this subsection are as follows: final deauthorization list shall be treated as de- struction has not been completed during that Beginning at a point N3056139.82 E851780.21, authorized for purposes of the aggregate de- period; thence southwesterly about 156.88 feet to a point authorization amount specified in subsection (2) a description of the reasons the projects N3055997.75 E851713.67; thence southwesterly (c)(2)(A). were not completed; about 64.59 feet to a point N3055959.37 (3) PROJECTS IDENTIFIED IN APPENDIX.—A (3) a schedule for the completion of the E851661.72; thence southwesterly about 145.14 project or separable element of a project identi- projects based on expected levels of appropria- feet to a point N3055887.10 E851535.85; thence fied in the appendix to the final deauthorization tions; and southwesterly about 204.91 feet to a point list shall remain subject to future deauthoriza- (4) a 5-year and 10-year projection of con- N3055855.12 E851333.45; thence northwesterly tion by Congress. struction backlog and any recommendations to about 423.50 feet to a point N3055976.70 (e) SPECIAL RULE FOR PROJECTS RECEIVING Congress regarding how to mitigate current E850927.78; thence northwesterly about 58.77 FUNDS FOR POST-AUTHORIZATION STUDY.—A problems and the backlog. feet to a point N3056002.99 E850875.21; thence

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00029 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7430 CONGRESSIONAL RECORD — HOUSE December 8, 2016 northwesterly about 240.57 feet to a point est of the Corps of Engineers in the properties and save the United States harmless from any N3056232.82 E850804.14; thence northwesterly described in subsection (b). claim that has arisen, or that may arise, in con- about 203.60 feet to a point N3056435.41 SEC. 1308. CENTRAL DELAWARE RIVER, PHILA- nection with the project. E850783.93; thence northwesterly about 78.63 DELPHIA, PENNSYLVANIA. (c) TRANSFER.—The Secretary is authorized to feet to a point N3056499.63 E850738.56; thence (a) AREA TO BE DECLARED NONNAVIGABLE.— transfer any land acquired by the Federal Gov- northwesterly about 60.00 feet to a point Subject to subsection (c), unless the Secretary ernment for the project on behalf of the non- N3056526.30 E850684.81; thence southwesterly finds, after consultation with local and regional Federal interest that remains in Federal owner- about 85.56 feet to a point N3056523.33 public officials (including local and regional ship on or after the date of enactment of this E850599.31; thence southwesterly about 36.20 public planning organizations), that there are Act to the non-Federal interest. feet to a point N3056512.37 E850564.81; thence substantive objections, those portions of the (d) REVERSION.—If the Secretary determines southwesterly about 80.10 feet to a point Delaware River, bounded by the former bulk- that land transferred under subsection (c) N3056467.08 E850498.74; thence southwesterly head and pierhead lines that were established ceases to be owned by the public, all right, title, about 169.05 feet to a point N3056334.36 by the Secretary of War and successors and de- and interest in and to the land and improve- E850394.03; thence northwesterly about 48.52 scribed as follows, are declared to be nonnav- ments thereon shall revert, at the discretion of feet to a point N3056354.38 E850349.83; thence igable waters of the United States: the Secretary, to the United States. northeasterly about 83.71 feet to a point (1) Piers 70 South through 38 South, encom- SEC. 1312. TEXAS CITY SHIP CHANNEL, TEXAS N3056436.35 E850366.84; thence northeasterly passing an area bounded by the southern line of CITY, TEXAS. about 212.38 feet to a point N3056548.70 Moore Street extended to the northern line of (a) IN GENERAL.—The portion of the Texas E850547.07; thence northeasterly about 47.60 feet Catherine Street extended, including the fol- City Ship Channel, Texas City, Texas, described to a point N3056563.12 E850592.43; thence north- lowing piers: Piers 70, 68, 67, 64, 61–63, 60, 57, 55, in subsection (b) shall not be subject to naviga- easterly about 101.16 feet to a point N3056566.62 53, 48, 46, 40, and 38. tional servitude beginning on the date of enact- E850693.53; thence southeasterly about 80.22 feet (2) Piers 24 North through 72 North, encom- ment of this Act. to a point N3056530.97 E850765.40; thence south- passing an area bounded by the southern line of (b) DESCRIPTION.—The portion of the Texas easterly about 99.29 feet to a point N3056449.88 Callowhill Street extended to the northern line City Ship Channel described in this subsection E850822.69; thence southeasterly about 210.12 of East Fletcher Street extended, including the is a tract or parcel containing 393.53 acres feet to a point N3056240.79 E850843.54; thence following piers: Piers 24, 25, 27–35, 35.5, 36, 37, (17,142,111 square feet) of land situated in the southeasterly about 219.46 feet to a point 38, 39, 49, 51–52, 53–57, 58–65, 66, 67, 69, 70–72, City of Texas City Survey, Abstract Number 681, N3056031.13 E850908.38; thence southeasterly and Rivercenter. and State of Texas Submerged Lands Tracts 98A about 38.23 feet to a point N3056014.02 (b) PUBLIC INTEREST DETERMINATION.—The and 99A, Galveston County, Texas, said 393.53 E850942.57; thence southeasterly about 410.93 Secretary shall make the public interest deter- acre tract being more particularly described as feet to a point N3055896.06 E851336.21; thence mination under subsection (a) separately for follows: northeasterly about 188.43 feet to a point each proposed project to be undertaken within (1) Beginning at the intersection of an edge of N3055925.46 E851522.33; thence northeasterly the boundaries described in subsection (a), using fill along Galveston Bay with the most northerly about 135.47 feet to a point N3055992.91 reasonable discretion, not later than 150 days east survey line of said City of Texas City Sur- E851639.80; thence northeasterly about 52.15 feet after the date of submission of appropriate plans vey, Abstract No. 681, the same being a called to a point N3056023.90 E851681.75; thence north- for the proposed project. 375.75 acre tract patented by the State of Texas easterly about 91.57 feet to a point N3056106.82 (c) LIMITS ON APPLICABILITY.—The declara- to the City of Texas City and recorded in Vol- E851720.59. tion under subsection (a) shall apply only to ume 1941, Page 750 of the Galveston County those parts of the areas described in subsection SEC. 1307. PORT OF CASCADE LOCKS, OREGON. Deed Records (G.C.D.R.), from which a found (a) that are or will be bulkheaded and filled or (a) EXTINGUISHMENT OF PORTIONS OF EXIST- U.S. Army Corps of Engineers Brass Cap otherwise occupied by permanent structures, in- ING FLOWAGE EASEMENT.—With respect to the stamped ‘‘R 4–3’’ set in the top of the Texas City properties described in subsection (b), beginning cluding marina and recreation facilities. Dike along the east side of Bay Street bears ° on the date of enactment of this Act, the flow- SEC. 1309. HUNTINGDON COUNTY, PENNSYL- North 56 14’ 32’’ West, a distance of 6,045.31 feet age easements described in subsection (c) are ex- VANIA. and from which a found U.S. Army Corps of En- tinguished above elevation 82.2 feet (NGVD29), (a) IN GENERAL.—The Secretary shall— gineers Brass Cap stamped ‘‘R 4–2’’ set in the (1) prioritize the updating of the master plan the ordinary high water line. top of the Texas City Dike along the east side of for the Juniata River and tributaries project, (b) AFFECTED PROPERTIES.—The properties Bay Street bears North 49° 13’ 20’’ West, a dis- described in this subsection, as recorded in Hood Huntingdon County, Pennsylvania, authorized tance of 6,693.64 feet. River County, Oregon, are as follows: by section 203 of the Flood Control Act of 1962 (2) Thence, over and across said State Tracts (1) Lots 3, 4, 5, and 7 of the ‘‘Port of Cascade (Public Law 87–874; 76 Stat. 1182); and 98A and 99A and along the edge of fill along Locks Business Park’’ subdivision, Instrument (2) ensure that alternatives for additional said Galveston Bay, the following 8 courses and Number 2014–00436. recreation access and development at the project distances: (2) Parcels 1, 2, and 3 of Hood River County are fully assessed, evaluated, and incorporated (A) South 75° 49’ 13’’ East, a distance of 298.08 Partition, Plat Number 2008–25P. as a part of the update. feet to an angle point of the tract herein de- (c) FLOWAGE EASEMENTS.—The flowage ease- (b) PARTICIPATION.—The update referred to in scribed. ments described in this subsection are identified subsection (a) shall be done in coordination (B) South 81° 16’ 26’’ East, a distance of 170.58 as Tracts 302E–1 and 304E–1 on the easement with all appropriate Federal agencies, elected feet to an angle point of the tract herein de- deeds recorded as instruments in Hood River officials, and members of the public. scribed. County, Oregon, and described as follows: (c) INVENTORY.—In carrying out the update (C) South 79° 20’ 31’’ East, a distance of 802.34 (1) A flowage easement dated October 3, 1936, under subsection (a), the Secretary shall include feet to an angle point of the tract herein de- recorded December 1, 1936, book 25, page 531 an inventory of those lands that are not nec- scribed. (Records of Hood River County, Oregon), in essary to carry out the authorized purposes of (D) South 75° 57’ 32’’ East, a distance of 869.68 favor of the United States (302E–1–Perpetual the project. feet to a point for the beginning of a non-tan- Flowage Easement from 10/5/37, 10/5/36, and 10/3/ SEC. 1310. RIVERCENTER, PHILADELPHIA, PENN- gent curve to the right. 36; previously acquired as Tracts OH–36 and SYLVANIA. (E) Easterly along said non-tangent curve to OH–41 and a portion of Tract OH–47). Section 38(c) of the Water Resources Develop- the right having a radius of 736.80 feet, a cen- (2) A flowage easement dated October 5, 1936, ment Act of 1988 (33 U.S.C. 59j–1(c)) is amend- tral angle of 24° 55’ 59’’, a chord of South 68° 47’ recorded October 17, 1936, book 25, page 476 ed— 35’’ East – 318.10 feet, and an arc length of (Records of Hood River County, Oregon), in (1) by striking ‘‘(except 30 years from such 320.63 feet to a point for the beginning of a non- favor of the United States, affecting that por- date of enactment, in the case of the area or any tangent curve to the left. tion below the 94-foot contour line above main part thereof described in subsection (a)(5))’’; (F) Easterly along said non-tangent curve to sea level (304 E1–Perpetual Flowage Easement and the left having a radius of 373.30 feet, a central from 8/10/37 and 10/3/36; previously acquired as (2) by adding at the end the following: ‘‘Not- angle of 31° 57’ 42’’, a chord of South 66° 10’ 42’’ Tract OH–042 and a portion of Tract OH–47). withstanding the preceding sentence, the dec- East – 205.55 feet, and an arc length of 208.24 (d) FEDERAL LIABILITIES; CULTURAL, ENVI- laration of nonnavigability for the area de- feet to a point for the beginning of a non-tan- RONMENTAL, AND OTHER REGULATORY RE- scribed in subsection (a)(5), or any part thereof, gent curve to the right. VIEWS.— shall not expire.’’. (G) Easterly along said non-tangent curve to (1) FEDERAL LIABILITY.—The United States SEC. 1311. SALT CREEK, GRAHAM, TEXAS. the right having a radius of 15,450.89 feet, a cen- shall not be liable for any injury caused by the (a) IN GENERAL.—The project for flood con- tral angle of 02° 04’ 10’’, a chord of South 81° 56’ extinguishment of an easement under this sec- trol, environmental restoration, and recreation, 20’’ East – 558.04 feet, and an arc length of tion. Salt Creek, Graham, Texas, authorized by sec- 558.07 feet to a point for the beginning of a com- (2) CULTURAL AND ENVIRONMENTAL REGU- tion 101(a)(30) of the Water Resources Develop- pound curve to the right and the northeasterly LATORY ACTIONS.—Nothing in this section estab- ment Act of 1999 (Public Law 106–53; 113 Stat. corner of the tract herein described. lishes any cultural or environmental regulation 278), is no longer authorized as a Federal (H) Southerly along said compound curve to relating to the properties described in subsection project beginning on the date of enactment of the right and the easterly line of the tract here- (b). this Act. in described, having a radius of 1,425.00 feet, a (e) EFFECT ON OTHER RIGHTS.—Nothing in (b) CERTAIN PROJECT-RELATED CLAIMS.—The central angle of 133° 08’ 00’’, a chord of South this section affects any remaining right or inter- non-Federal interest for the project shall hold 14° 20’ 15’’ East – 2,614.94 feet, and an arc

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00030 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7431 length of 3,311.15 feet to a point on a line lying (I) North 04° 00’ 34’’ East, a distance of 72.94 (M) South 44° 47’ 21’’ East, a distance of 125.00 feet northerly of and parallel with the feet to an angle point of the tract herein de- 353.77 feet to a point for the beginning of a non- centerline of an existing levee for the southeast- scribed. tangent curve to the left. erly corner of the tract herein described. (J) North 06° 46’ 38’’ West, a distance of 78.89 (N) Easterly along said non-tangent curve to (3) Thence, continuing over and across said feet to an angle point of the tract herein de- the left having a radius of 253.99 feet, a central State Tracts 98A and 99A and along lines lying scribed. angle of 98° 53’ 23’’, a chord of South 83° 28’ 51’’ 125.00 feet northerly of, parallel, and concentric (K) North 12° 07’ 59’’ West, a distance of 182.79 East – 385.96 feet, and an arc length of 438.38 with the centerline of said existing levee, the feet to an angle point of the tract herein de- feet to an angle point of the tract herein de- following 12 courses and distances: scribed. scribed. (A) North 78° 01’ 58’’ West, a distance of 840.90 (L) North 20° 50’ 47’’ West, a distance of 105.74 (O) South 75° 49’ 13’’ East, a distance of 321.52 feet to an angle point of the tract herein de- feet to an angle point of the tract herein de- feet to the point of beginning and containing scribed. scribed. 393.53 acres (17,142,111 square feet) of land. (B) North 76° 58’ 35’’ West, a distance of 976.66 ° (M) North 02 02’ 04’’ West, a distance of SEC. 1313. STONINGTON HARBOUR, CON- feet to an angle point of the tract herein de- 184.50 feet to an angle point of the tract herein NECTICUT. scribed. described. The portion of the project for navigation, (C) North 76° 44’ 33’’ West, a distance of ° (N) North 08 07’ 11’’ East, a distance of 102.23 Stonington Harbour, Connecticut, authorized by 1,757.03 feet to a point for the beginning of a feet to an angle point of the tract herein de- the Act of May 23, 1828 (4 Stat. 288, chapter 73), tangent curve to the left. scribed. that consists of the inner stone breakwater that (D) Southwesterly, along said tangent curve ° (O) North 08 16’ 00’’ West, a distance of 213.45 begins at coordinates N. 682,146.42, E. to the left having a radius of 185.00 feet, a cen- feet to an angle point of the tract herein de- 1231,378.69, running north 83.587 degrees west tral angle of 82° 27’ 32’’, a chord of South 62° 01’ scribed. 166.79’ to a point N. 682,165.05, E. 1,231,212.94, 41’’ West – 243.86 feet, and an arc length of ° (P) North 03 15’ 16’’ West, a distance of 336.45 running north 69.209 degrees west 380.89’ to a 266.25 feet to a point for the beginning of a com- feet to a point for the beginning of a non-tan- point N. 682,300.25, E. 1,230,856.86, is no longer pound curve to the left. gent curve to the left. (E) Southerly, along said compound curve to authorized as a Federal project beginning on (Q) Northerly along said non-tangent curve to the date of enactment of this Act. the left having a radius of 4,535.58 feet, a cen- the left having a radius of 896.08 feet, a central tral angle of 11° 06’ 58’’, a chord of South 15° 14’ angle of 14° 00’ 05’’, a chord of North 09° 36’ 03’’ SEC. 1314. RED RIVER BELOW DENISON DAM, 26’’ West – 878.59 feet, and an arc length of TEXAS, OKLAHOMA, ARKANSAS, AND West – 218.43 feet, and an arc length of 218.97 LOUISIANA. 879.97 feet to an angle point of the tract herein feet to a point for the beginning of a non-tan- described. The portion of the project for flood control gent curve to the right. with respect to the Red River below Denison (F) South 64° 37’ 11’’ West, a distance of 146.03 (R) Northerly along said non-tangent curve to Dam, Texas, Oklahoma, Arkansas, and Lou- feet to an angle point of the tract herein de- the right having a radius of 483.33 feet, a cen- isiana, authorized by section 10 of the Flood scribed. tral angle of 19° 13’ 34’’, a chord of North 13° 52’ ° Control Act of 1946 (60 Stat. 647, chapter 596), (G) South 67 08’ 21’’ West, a distance of 194.42 03’’ East – 161.43 feet, and an arc length of consisting of the portion of the West Agurs feet to an angle point of the tract herein de- 162.18 feet to a point for the northwesterly cor- Levee that begins at lat. 32° 32’ 50.86’’ N., by scribed. ner of the tract herein described. ° long. 93° 46’ 16.82’’ W., and ends at lat. 32° 31’ (H) North 34 48’ 22’’ West, a distance of 789.69 (5) Thence, continuing over and across said 22.79’’ N., by long. 93° 45’ 2.47’’ W., is no longer feet to an angle point of the tract herein de- City of Texas City Survey, and along the edge authorized beginning on the date of enactment scribed. of fill along said Galveston Bay, the following (I) South 42° 47’ 10’’ West, a distance of 161.01 of this Act. 15 courses and distances: feet to an angle point of the tract herein de- (A) North 30° 45’ 02’’ East, a distance of 189.03 SEC. 1315. GREEN RIVER AND BARREN RIVER, scribed. feet to an angle point of the tract herein de- KENTUCKY. (J) South 42° 47’ 10’’ West, a distance of 144.66 scribed. (a) IN GENERAL.—Beginning on the date of feet to a point for the beginning of a tangent (B) North 34° 20’ 49’’ East, a distance of 174.16 enactment of this Act, commercial navigation at curve to the right. feet to a point for the beginning of a non-tan- the locks and dams identified in the report of (K) Westerly, along said tangent curve to the gent curve to the right. the Chief of Engineers entitled ‘‘Green River right having a radius of 310.00 feet, a central (C) Northeasterly along said non-tangent Locks and Dams 3, 4, 5, and 6 and Barren River angle of 59° 50’ 28’’, a chord of South 72° 42’ 24’’ curve to the right having a radius of 202.01 feet, Lock and Dam 1, Kentucky’’ and dated April 30, West – 309.26 feet, and an arc length of 323.77 a central angle of 25° 53’ 37’’, a chord of North 2015, shall no longer be authorized, and the feet to an angle point of the tract herein de- 33° 14’ 58’’ East – 90.52 feet, and an arc length land and improvements associated with the scribed. locks and dams shall be disposed of— ° of 91.29 feet to a point for the beginning of a (L) North 77 22’ 21’’ West, a distance of 591.41 (1) consistent with this section; and feet to the intersection of said parallel line with non-tangent curve to the left. (D) Northeasterly along said non-tangent (2) subject to such terms and conditions as the the edge of fill adjacent to the easterly edge of curve to the left having a radius of 463.30 feet, Secretary determines to be necessary and appro- the Texas City Turning Basin for the southwest- a central angle of 23° 23’ 57’’, a chord of North priate in the public interest. erly corner of the tract herein described, from 48° 02’ 53’’ East – 187.90 feet, and an arc length (b) DISPOSITION.— which a found U.S. Army Corps of Engineers of 189.21 feet to a point for the beginning of a (1) GREEN RIVER LOCK AND DAM 3.—The Sec- Brass Cap stamped ‘‘SWAN 2’’ set in the top of non-tangent curve to the right. retary shall convey to the Rochester Dam Re- a concrete column set flush in the ground along (E) Northeasterly along said non-tangent gional Water Commission all right, title, and in- the north bank of Swan Lake bears South 20° curve to the right having a radius of 768.99 feet, terest of the United States in and to the land as- 51’ 58’’ West, a distance of 4,862.67 feet. ° sociated with Green River Lock and Dam 3, lo- (4) Thence, over and across said City of Texas a central angle of 16 24’ 19’’, a chord of North ° cated in Ohio County and Muhlenberg County, City Survey and along the edge of fill adjacent 43 01’ 40’’ East – 219.43 feet, and an arc length of 220.18 feet to an angle point of the tract here- Kentucky, together with any improvements on to the easterly edge of said Texas City Turning the land. Basin, the following 18 courses and distances: in described. ° (2) GREEN RIVER LOCK AND DAM 4.—The Sec- (A) North 01° 34’ 19’’ East, a distance of 57.40 (F) North 38 56’ 50’’ East, a distance of 126.41 retary shall convey to Butler County, Kentucky, feet to an angle point of the tract herein de- feet to an angle point of the tract herein de- all right, title, and interest of the United States scribed. scribed. ° in and to the land associated with Green River (B) North 05° 02’ 13’’ West, a distance of 161.85 (G) North 42 59’ 50’’ East, a distance of 128.28 Lock and Dam 4, located in Butler County, feet to an angle point of the tract herein de- feet to a point for the beginning of a non-tan- Kentucky, together with any improvements on scribed. gent curve to the right. (C) North 06° 01’ 56’’ East, a distance of 297.75 (H) Northerly along said non-tangent curve to the land. feet to an angle point of the tract herein de- the right having a radius of 151.96 feet, a cen- (3) GREEN RIVER LOCK AND DAM 5.—The Sec- scribed. tral angle of 68° 36’ 31’’, a chord of North 57° 59’ retary shall convey to the State of Kentucky, a (D) North 06° 18’ 07’’ West, a distance of 71.33 42’’ East – 171.29 feet, and an arc length of political subdivision of the State of Kentucky, or feet to an angle point of the tract herein de- 181.96 feet to a point for the most northerly cor- a nonprofit, nongovernmental organization all scribed. ner of the tract herein described. right, title, and interest of the United States in (E) North 07° 21’ 09’’ West, a distance of 122.45 (I) South 77° 14’ 49’’ East, a distance of 131.60 and to the land associated with Green River feet to an angle point of the tract herein de- feet to an angle point of the tract herein de- Lock and Dam 5, located in Edmonson County, scribed. scribed. Kentucky, together with any improvements on (F) North 26° 41’ 15’’ West, a distance of 46.02 (J) South 84° 44’ 18’’ East, a distance of 86.58 the land, for the purposes of— feet to an angle point of the tract herein de- feet to an angle point of the tract herein de- (A) removing Lock and Dam 5 from the river scribed. scribed. at the earliest feasible time; and (G) North 01° 31’ 59’’ West, a distance of 219.78 (K) South 58° 14’ 45’’ East, a distance of 69.62 (B) making the land available for conserva- feet to an angle point of the tract herein de- feet to an angle point of the tract herein de- tion and public recreation, including river ac- scribed. scribed. cess. (H) North 15° 54’ 07’’ West, a distance of 104.89 (L) South 49° 44’ 51’’ East, a distance of 149.00 (4) GREEN RIVER LOCK AND DAM 6.— feet to an angle point of the tract herein de- feet to an angle point of the tract herein de- (A) IN GENERAL.—The Secretary shall transfer scribed. scribed. to the Secretary of the Interior administrative

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00031 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7432 CONGRESSIONAL RECORD — HOUSE December 8, 2016 jurisdiction over the portion of the land associ- essary and appropriate to ensure the continued its entirety, save and except approximately ated with Green River Lock and Dam 6, operation of the Eufaula Lake Project or any 178.15 Acres comprised of a strip 562 feet in Edmonson County, Kentucky, that is located on other authorized civil works project. width, being the area designated by the U.S. the left descending bank of the Green River, to- (B) The Secretary shall retain the right to in- Army Corps of Engineers as required for the gether with any improvements on the land, for undate with water the land transferred to the project known as Brazos Island Harbor Deep- inclusion in Mammoth Cave National Park. Secretary of the Interior under this subsection ening, further save and except approximately (B) TRANSFER TO THE STATE OF KENTUCKY.— as necessary to carry out an authorized purpose 76.95 Acres for the existing Dredged Material The Secretary shall convey to the State of Ken- of the Eufaula Lake Project or any other civil Placement Area No. 4A1, and further save and tucky all right, title, and interest of the United works project. except approximately 74.40 Acres for the existing States in and to the portion of the land associ- (C) No gaming activities may be conducted on Dredged Material Placement Area No. 4B1. ated with Green River Lock and Dam 6, the land transferred under this subsection. (3) Tract No. 3: Being 362.00 Acres as con- Edmonson County, Kentucky, that is located on (b) LAND DESCRIPTION.— veyed by the Manufacturing and Distributing the right descending bank of the Green River, (1) IN GENERAL.—The land to be transferred University to the United States of America by together with any improvements on the land, for pursuant to subsection (a) is the approximately instrument dated March 3, 1936, and recorded at use by the Department of Fish and Wildlife Re- 18.38 acres of land located in the Northwest Volume ‘‘R’’, page 123, in the Miscellaneous sources of the State of Kentucky for the pur- Quarter (NW 1/4) of sec. 3, T. 10 N., R. 16 E., Deed Records of Cameron County, Texas, to be poses of— McIntosh County, Oklahoma, generally de- released and abandoned in its entirety. (i) removing Lock and Dam 6 from the river at picted as ‘‘USACE’’ on the map entitled (4) Tract No. 4: Being 9.48 Acres as conveyed the earliest feasible time; and ‘‘Muscogee (Creek) Nation Proposed Land Ac- by the Brownsville Navigation District of Cam- (ii) making the land available for conservation quisition’’ and dated October 16, 2014. eron County, Texas, to the United States of and public recreation, including river access. (2) SURVEY.—The exact acreage and legal de- America by instrument dated January 23, 1939, (5) BARREN RIVER LOCK AND DAM 1.—The Sec- scription of the land to be transferred under and recorded at Volume 293, pages 115 through retary shall convey to the State of Kentucky, all subsection (a) shall be determined by a survey 118, in the Deed Records of Cameron County, right, title, and interest of the United States in satisfactory to the Secretary and the Secretary Texas (said 9.48 Acres are identified in said in- and to the land associated with Barren River of the Interior. strument as the ‘‘Second Tract’’), to be released Lock and Dam 1, located in Warren County, (c) CONSIDERATION.—The Muscogee (Creek) and abandoned in its entirety, save and except Kentucky, together with any improvements on Nation shall pay— approximately 1.97 Acres, comprised of the area the land, for use by the Department of Fish and (1) to the Secretary an amount that is equal to designated by the U.S. Army Corps of Engineers Wildlife Resources of the State of Kentucky for the fair market value of the land transferred as required for the project known as Brazos Is- the purposes of— under subsection (a), as determined by the Sec- land Harbor Deepening, plus 5.0 feet. (A) removing Lock and Dam 1 from the river retary, which funds may be accepted and ex- (5) Tract No. 5: Being 10.91 Acres as conveyed at the earliest feasible time; and pended by the Secretary; and by the Brownsville Navigation District of Cam- (B) making the land available for conserva- (2) all costs and administrative expenses asso- eron County, Texas, by instrument dated March tion and public recreation, including river ac- ciated with the transfer of land under sub- 6, 1939, and recorded at Volume 293, pages 113 cess. section (a), including the costs of— through 115, in the Deed Records of Cameron (c) CONDITIONS.— (A) the survey under subsection (b)(2); County, Texas (said 10.91 Acres are identified in (1) IN GENERAL.—The exact acreage and legal (B) compliance with the National Environ- said instrument as ‘‘Third Tract’’), to be re- description of any land to be disposed of, trans- mental Policy Act of 1969 (42 U.S.C. 4321 et leased and abandoned in its entirety, save and ferred, or conveyed under this section shall be seq.); and except approximately 0.36 Acre, comprised of the determined by a survey satisfactory to the Sec- (C) any coordination necessary with respect to area designated by the U.S. Army Corps of En- retary. requirements related to endangered species, cul- gineers as required for the project known as (2) QUITCLAIM DEED.—A conveyance under tural resources, clean water, and clean air. Brazos Island Harbor Deepening. (6) Tract No. 9: Being 552.82 Acres as con- paragraph (1), (2), (4), or (5) of subsection (b) SEC. 1318. CAMERON COUNTY, TEXAS. demned by the United States of America by the shall be accomplished by quitclaim deed and (a) RELEASE.—As soon as practicable after the Final Report of Commissioners dated May 6, without consideration. date of enactment of this Act, the Secretary 1938, and recorded at Volume 281, pages 483 (3) ADMINISTRATIVE COSTS.—The Secretary shall execute and file in the appropriate office a through 486, in the Deed Records of Cameron shall be responsible for all administrative costs deed of release, amended deed, or other appro- County, Texas, to be released and abandoned in associated with a transfer or conveyance under priate instrument effectuating the release of the its entirety, save and except approximately 84.59 this section, including the costs of a survey car- interests of the United States in certain tracts of Acres, comprised of the area designated by the ried out under paragraph (1). land located in Cameron County, Texas, as de- U.S. Army Corps of Engineers as required for (4) REVERSION.—If the Secretary determines scribed in subsection (d). the project known as Brazos Island Harbor that the land conveyed under this section is not (b) ADDITIONAL TERMS AND CONDITIONS.—The Deepening. used by a non-Federal entity for a purpose that Secretary may require that any release under (7) Tract No. 10: Being 325.02 Acres as con- is consistent with the purpose of the convey- this section be subject to such additional terms demned by the United States of America by the ance, all right, title, and interest in and to the and conditions as the Secretary considers appro- Final Report of Commissioners dated May 7, land, including any improvements on the land, priate and necessary to protect the interests of 1935, and recorded at Volume 281, pages 476 shall revert, at the discretion of the Secretary, the United States. through 483, in the Deed Records of Cameron to the United States, and the United States shall (c) COSTS OF CONVEYANCE.—The Brownsville County, Texas, to be released and abandoned in have the right of immediate entry onto the land. Navigation District shall be responsible for all its entirety, save and except approximately 76.81 SEC. 1316. HANNIBAL SMALL BOAT HARBOR, HAN- reasonable and necessary costs, including real Acres, comprised of the area designated by the NIBAL, MISSOURI. estate transaction and environmental docu- U.S. Army Corps of Engineers as required for The project for navigation at Hannibal Small mentation costs, associated with the releases. the project known as Brazos Island Harbor Boat Harbor on the Mississippi River, Hannibal, (d) DESCRIPTION.—The Secretary shall release Deepening. Missouri, authorized by section 101 of the River all or portions of the interests in the following (8) Tract No. 11: Being 8.85 Acres in as con- and Harbor Act of 1950 (64 Stat. 166, chapter tracts as determined by a survey to be paid for veyed by the Brownsville Navigation District of 188), is no longer authorized beginning on the by the Brownsville Navigation District, that is Cameron County, Texas, to the United States of date of enactment of this Act, and any mainte- satisfactory to the Secretary: America by instrument dated January 23, 1939, nance requirements associated with the project (1) Tract No. 1: Being 1,277.80 Acres as con- and recorded at Volume 293, Pages 115 through are terminated. veyed by the Brownsville Navigation District of 118, in the Deed Records of Cameron County, SEC. 1317. LAND TRANSFER AND TRUST LAND Cameron County, Texas, to the United States of Texas (said 8.85 Acres are identified in said in- FOR MUSCOGEE (CREEK) NATION. America by instrument dated September 22, 1932, strument as the ‘‘First Tract’’), to be released (a) TRANSFER.— and recorded at Volume 238, pages 578 through and abandoned in its entirety, save and except (1) IN GENERAL.—Subject to paragraph (2) and 580, in the Deed Records of Cameron County, approximately 0.30 Acres, comprised of the area for the consideration described in subsection (c), Texas, to be released and abandoned in its en- within the project known as Brazos Island Har- the Secretary shall transfer to the Secretary of tirety, save and except approximately 361.03 bor Deepening, plus 5.0 feet. the Interior the land described in subsection (b) Acres, comprised of the area designated by the (9) Tract No. A100E: Being 13.63 Acres in as to be held in trust for the benefit of the U.S. Army Corps of Engineers as required for conveyed by the Brownsville Navigation District Muscogee (Creek) Nation. the project known as Brazos Island Harbor of Cameron County, Texas, to the United States (2) CONDITIONS.—The land transfer under this Deepening, and further save and except ap- of America by instrument dated September 30, subsection shall be subject to the following con- proximately 165.56 Acres for the existing 1947, and recorded at Volume 427, page 1 ditions: Dredged Material Placement Area No. 4A1. through 4 in the Deed Records of Cameron (A) The transfer— (2) Tract No. 2: Being 842.28 Acres as con- County, to be released and abandoned in its en- (i) shall not interfere with the Corps of Engi- demned by the United States of America by the tirety, save and except approximately 6.60 Acres, neers operation of the Eufaula Lake Project or Final Report of Commissioners dated May 6, comprised of the area designated by the U.S. any other authorized civil works project; and 1938, and recorded at Volume 281, pages 486 Army Corps of Engineers as required for the ex- (ii) shall be subject to such other terms and through 488, in the Deed Records of Cameron isting project known as Brazos Island Harbor, conditions as the Secretary determines to be nec- County, Texas, to be released and abandoned in plus 5.0 feet.

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00032 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7433 (10) Tract No. 122E: Being 31.4 Acres as con- (B) conveyance by the Secretary to Augusta- amended by section 3 of the Act of August 18, veyed by the Brownsville Navigation District of Richmond County, Georgia, of the park and 1941 (55 Stat. 645, chapter 377), and notwith- Cameron County, Texas, to the United States of recreation area adjacent to the New Savannah standing section 3 of the Act of July 31, 1946 (60 America by instrument dated December 11, 1963 Bluff Lock and Dam, without consideration. Stat. 744, chapter 710), the Secretary shall con- and recorded at Volume 756, page 393 in the (2) NON-FEDERAL COST SHARE.—The Federal vey, by quitclaim deed and without consider- Deed Records of Cameron County, Texas, to be share of the cost of any Project feature con- ation, to the Grand River Dam Authority, an released and abandoned in its entirety, save and structed pursuant to paragraph (1) shall be not agency of the State of Oklahoma, for flood con- except approximately 4.18 Acres in Share 31 of greater than the share as provided by section trol purposes, all right, title, and interest of the the Espiritu Santo Grant in Cameron County, 7002(1) of the Water Resources Reform and De- United States in and to real property under the Texas, and further save and except approxi- velopment Act of 2014 (Public Law 113–121; 128 administrative jurisdiction of the Secretary ac- mately 2.04 Acres in Share 7 of the San Martin Stat. 1364) for the most cost-effective fish pas- quired in connection with the Pensacola Dam Grant in Cameron County, Texas, being por- sage structure. project, together with any improvements on the tions of the area designated by the U.S. Army (3) OPERATION AND MAINTENANCE COSTS.—The property. Corps of Engineers as required for the current Federal share of the costs of operation and (2) FLOOD CONTROL PURPOSES.—If any inter- project known as Brazos Island Harbor, plus 5.0 maintenance of any Project feature constructed est in the real property described in paragraph feet. pursuant to paragraph (1) shall be consistent (1) ceases to be managed for flood control or SEC. 1319. NEW SAVANNAH BLUFF LOCK AND with the cost sharing of the Project as provided other public purposes and is conveyed to a non- DAM, GEORGIA AND SOUTH CARO- by law. public entity, the transferee, as part of the con- LINA. SEC. 1320. HAMILTON CITY, CALIFORNIA. veyance, shall pay to the United States the fair (a) DEFINITIONS.—In this section, the fol- Section 1001(8) of the Water Resources Devel- market value for the interest. lowing definitions apply: opment Act of 2007 (121 Stat. 1050) is modified to (3) NO EFFECT.—Nothing in this subsection— (1) NEW SAVANNAH BLUFF LOCK AND DAM.— authorize the Secretary to construct the project (A) amends, modifies, or repeals any existing The term ‘‘New Savannah Bluff Lock and Dam’’ at a total cost of $91,000,000, with an estimated authority vested in the Federal Energy Regu- means— Federal cost of $59,735,061 and an estimated latory Commission; or (A) the lock and dam at New Savannah Bluff, non-Federal cost of $31,264,939. (B) amends, modifies, or repeals any authority Savannah River, Georgia and South Carolina; SEC. 1321. CONVEYANCES. of the Secretary or the Chief of Engineers pur- and (a) PEARL RIVER, MISSISSIPPI AND LOU- suant to section 7 of the Act of December 22, (B) the appurtenant features to the lock and ISIANA.— 1944 (33 U.S.C. 709). dam, including— (1) IN GENERAL.—The project for navigation, (d) JOE POOL LAKE, TEXAS.—The Secretary (i) the adjacent approximately 50-acre park Pearl River, Mississippi and Louisiana, author- shall accept from the Trinity River Authority of and recreation area with improvements made ized by the first section of the Act of August 30, Texas, if received on or before December 31, under the project for navigation, Savannah 1935 (49 Stat. 1033, chapter 831), and section 101 2016, $31,344,841 as payment in full of amounts River below Augusta, Georgia, authorized by of the River and Harbor Act of 1966 (Public Law owed to the United States, including any ac- the first section of the Act of July 3, 1930 (46 89–789; 80 Stat. 1405), is no longer authorized as crued interest, for the approximately 61,747.1 Stat. 924), and the first section of the Act of Au- a Federal project beginning on the date of en- acre-feet of water supply storage space in Joe gust 30, 1935 (49 Stat. 1032); and actment of this Act. Pool Lake, Texas (previously known as (ii) other land that is part of the project and (2) TRANSFER.— Lakeview Lake), for which payment has not that the Secretary determines to be appropriate (A) IN GENERAL.—Subject to subparagraphs commenced under Article 5.a (relating to project for conveyance under this section. (B) and (C), the Secretary is authorized to con- investment costs) of contract number DACW63– (2) PROJECT.—The term ‘‘Project’’ means the vey to a State or local interest, without consid- 76–C–0106 as of the date of enactment of this project for navigation, Savannah Harbor expan- eration, all right, title, and interest of the Act. sion, Georgia, authorized by section 7002(1) of United States in and to— SEC. 1322. EXPEDITED CONSIDERATION. the Water Resources Reform and Development (i) any land in which the Federal Government (a) IN GENERAL.—Section 1011 of the Water Act of 2014 (Public Law 113–121; 128 Stat. 1364). has a property interest for the project described Resources Reform and Development Act of 2014 (b) DEAUTHORIZATION.— in paragraph (1); and (33 U.S.C. 2341a) is amended— (1) IN GENERAL.—Effective beginning on the (ii) improvements to the land described in date of enactment of this Act— (1) in subsection (a)— clause (i). (A) in paragraph (1)(C) by inserting ‘‘restore (A) the New Savannah Bluff Lock and Dam is (B) RESPONSIBILITY FOR COSTS.—The trans- or’’ before ‘‘prevent the loss’’; and deauthorized; and feree shall be responsible for the payment of all (B) in paragraph (2)— (B) notwithstanding section 348(l)(2)(B) of the costs and administrative expenses associated (i) in the matter preceding subparagraph (A), Water Resources Development Act of 2000 (Pub- with any transfer carried out pursuant to sub- by striking ‘‘the date of enactment of this Act’’ lic Law 106–541; 114 Stat. 2630; 114 Stat. 2763A– paragraph (A), including costs associated with and inserting ‘‘the date of enactment of the 228) (as in effect on the day before the date of any land survey required to determine the exact Water Resources Development Act of 2016’’; and enactment of this Act) or any other provision of acreage and legal description of the land and (ii) in subparagraph (A)(ii) by striking law, the New Savannah Bluff Lock and Dam improvements to be transferred. ‘‘that—’’ and all that follows through ‘‘limited shall not be conveyed to the city of North Au- (C) OTHER TERMS AND CONDITIONS.—A trans- gusta and Aiken County, South Carolina, or fer under subparagraph (A) shall be subject to reevaluation report’’; and any other non-Federal entity. such other terms and conditions as the Sec- (2) in subsection (b)— (2) REPEAL.—Section 348 of the Water Re- retary determines to be necessary and appro- (A) in paragraph (1) by redesignating sub- sources Development Act of 2000 (Public Law priate to protect the interests of the United paragraphs (A) through (C) as clauses (i) 106–541; 114 Stat. 2630; 114 Stat. 2763A–228) is States. through (iii), respectively, and indenting appro- amended— (3) REVERSION.—If the Secretary determines priately; (A) by striking subsection (l); and that the land and improvements conveyed under (B) by redesignating paragraphs (1) and (2) as (B) by redesignating subsections (m) and (n) paragraph (2) cease to be owned by the public, subparagraphs (A) and (B), respectively, and as subsections (l) and (m), respectively. all right, title, and interest in and to the land indenting appropriately; (c) PROJECT MODIFICATIONS.— and improvements shall revert, at the discretion (C) in the matter preceding subparagraph (A) (1) IN GENERAL.—Notwithstanding any other of the Secretary, to the United States. (as so redesignated) by striking ‘‘For’’ and in- provision of law, the Project is modified to in- (b) SARDIS LAKE, MISSISSIPPI.— serting the following: clude, as the Secretary determines to be nec- (1) IN GENERAL.—The Secretary is authorized ‘‘(1) IN GENERAL.—For’’; and essary— to convey to the lessee, at full fair market value, (D) by adding at the end the following: (A)(i) repair of the lock wall of the New Sa- all right, title, and interest of the United Sates ‘‘(2) EXPEDITED CONSIDERATION OF CURRENTLY vannah Bluff Lock and Dam and modification in and to the property identified in the leases AUTHORIZED PROGRAMMATIC AUTHORITIES.—Not of the structure such that the structure is able— numbered DACW38–1–15–7, DACW38–1–15–33, later than 180 days after the date of enactment (I) to maintain the pool for navigation, water DACW38–1–15–34, and DACW38–1–15–38, subject of the Water Resources Development Act of 2016, supply, and recreational activities, as in exist- to such terms and conditions as the Secretary the Secretary shall submit to the Committee on ence on the date of enactment of this Act; and determines to be necessary and appropriate to Environment and Public Works of the Senate (II) to allow safe passage over the structure to protect the interests of the United States. and the Committee on Transportation and In- historic spawning grounds of shortnose stur- (2) EASEMENT AND RESTRICTIVE COVENANT.— frastructure of the House of Representatives a geon, Atlantic sturgeon, and other migratory The conveyance under paragraph (1) shall in- report that contains— fish; or clude— ‘‘(A) a list of all programmatic authorities for (ii)(I) construction at an appropriate location (A) a restrictive covenant to require the ap- aquatic ecosystem restoration or improvement of across the Savannah River of a structure that is proval of the Secretary for any substantial the environment that— able to maintain the pool for water supply and change in the use of the property; and ‘‘(i) were authorized or modified in the Water recreational activities, as in existence on the (B) a flowage easement. Resources Development Act of 2007 (Public Law date of enactment of this Act; and (c) PENSACOLA DAM AND RESERVOIR, GRAND 110–114; 121 Stat. 1041) or any subsequent Act; (II) removal of the New Savannah Bluff Lock RIVER, OKLAHOMA.— and and Dam on completion of construction of the (1) IN GENERAL.—Notwithstanding the Act of ‘‘(ii) that meet the criteria described in para- structure; and June 28, 1938 (52 Stat. 1215, chapter 795), as graph (1); and

VerDate Sep 11 2014 08:10 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00033 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7434 CONGRESSIONAL RECORD — HOUSE December 8, 2016

‘‘(B) a plan for expeditiously completing the sources Development Act of 1999 (33 U.S.C. (4) COMPLETION OF PROJECTS UNDER CON- projects under the authorities described in sub- 2332(e)). STRUCTION BY NON-FEDERAL INTERESTS.—The paragraph (A), subject to available funding.’’. (2) EXPEDITED COMPLETION OF FEASIBILITY Secretary shall expedite review and decision on (b) EXPEDITED CONSIDERATION.— STUDIES.—The Secretary shall give priority recommendations for the following projects for (1) EXPEDITED COMPLETION OF FLOOD DAMAGE funding and expedite completion of the reports flood damage reduction and flood risk manage- REDUCTION AND FLOOD RISK MANAGEMENT for the following projects, and, if the Secretary ment: PROJECTS.—For authorized projects with a pri- determines that a project is justified in the com- (A) Pearl River Basin, Mississippi, authorized mary purpose of flood damage reduction and pleted report, proceed directly to project by section 401(e)(3) of the Water Resources De- flood risk management, the Secretary shall pro- preconstruction, engineering, and design in ac- velopment Act of 1986 (Public Law 99–662; 100 vide priority funding for and expedite the com- cordance with section 910 of the Water Re- Stat. 4132), as modified by section 3104 of the pletion of the following projects: sources Development Act of 1986 (33 U.S.C. Water Resources Development Act of 2007 (Pub- (A) Chicagoland Underflow Plan, Illinois, in- 2287): lic Law 110–114; 121 Stat. 1134), submitted to the cluding stage 2 of the McCook Reservoir, as au- (A) The project for navigation, St. George Secretary under section 211 of the Water Re- thorized by section 3(a)(5) of the Water Re- Harbor, Alaska. sources Development Act of 1996 (33 U.S.C. 701b– sources Development Act of 1988 (Public Law (B) The project for flood risk management, 13) (as in effect on the day before the date of en- 100–676; 102 Stat. 4013) and modified by section Rahway River Basin, New Jersey. actment of the Water Resources Reform and De- 319 of the Water Resources Development Act of (C) The Hudson-Raritan Estuary Comprehen- velopment Act of 2014 (Public Law 113–121; 128 1996 (Public Law 104–303; 110 Stat. 3715) and sive Restoration Project. (D) The project for navigation, Mobile Harbor, Stat. 1193)). section 501(b) of the Water Resources Develop- Alabama. ment Act of 1999 (Public Law 106–53; 113 Stat. (B) Brays Bayou, Texas, authorized by sec- (E) The project for flood risk management, 334). tion 101(a)(21) of the Water Resources Develop- Little Colorado River at Winslow, Navajo Coun- (B) Cedar River, Cedar Rapids, Iowa, as au- ment Act of 1990 (Public Law 101–640; 104 Stat. ty, Arizona. 4610), as modified by section 211(f)(6) of the thorized by section 7002(2)(3) of the Water Re- (F) The project for flood risk management, Water Resources Development Act of 1996 (33 sources Reform and Development Act of 2014 Lower San Joaquin River, California. In car- U.S.C. 701b–13(f)(6)) (as in effect on the day be- (Public Law 113–121; 128 Stat. 1366). rying out the feasibility study for the project, (C) Comite River, Louisiana, authorized as fore the date of enactment of the Water Re- the Secretary shall include Reclamation District part of the project for flood control, Amite River sources Reform and Development Act of 2014 17 as part of the study. and Tributaries, Louisiana, by section 101(11) of (G) The project for flood risk management and (Public Law 113–121; 128 Stat. 1193)). the Water Resources Development Act of 1992 ecosystem restoration, Sacramento River Flood Subtitle D—Water Resources Infrastructure (Public Law 102–580; 106 Stat. 4802) and modi- Control System, California. fied by section 301(b)(5) of the Water Resources (H) The project for hurricane and storm dam- SEC. 1401. PROJECT AUTHORIZATIONS. Development Act of 1996 (Public Law 104–303; age risk reduction, Ft. Pierce, Florida. The following projects for water resources de- 110 Stat. 3709) and section 371 of the Water Re- (I) The project for flood risk management, Des velopment and conservation and other purposes, sources Development Act of 1999 (Public Law Moines and Raccoon Rivers, Iowa. as identified in the reports titled ‘‘Report to 106–53; 113 Stat. 321). (J) The project for navigation, Mississippi Congress on Future Water Resources Develop- (D) Amite River and Tributaries, Louisiana, River Ship Channel, Louisiana. East Baton Rouge Parish Watershed, as author- (K) The project for flood risk management, ment’’ submitted to Congress on January 29, ized by section 101(a)(21) of the Water Resources North Branch Ecorse Creek, Wayne County, 2015, and January 29, 2016, respectively, pursu- Development Act of 1999 (Public Law 106–53; 113 Michigan. ant to section 7001 of the Water Resources Re- Stat. 277) and modified by section 116 of title I (3) EXPEDITED COMPLETION OF POST-AUTHOR- form and Development Act of 2014 (33 U.S.C. of division D of Public Law 108–7 (117 Stat. 140) IZATION CHANGE REPORT.—The Secretary shall 2282d) or otherwise reviewed by Congress, are and section 3074 of the Water Resources Devel- provide priority funding for, and expedite com- authorized to be carried out by the Secretary opment Act of 2007 (Public Law 110–114; 121 pletion of, a post-authorization change report substantially in accordance with the plans, and Stat. 1124). for the project for hurricane and storm damage subject to the conditions, described in the re- (E) The projects described in paragraphs (29) risk reduction, New Hanover County, North spective reports designated in this section: through (33) of section 212(e) of the Water Re- Carolina. (1) NAVIGATION.—

1. TX Brazos Island Harbor Nov. 3, 2014 Federal: $121,023,000 Non-Federal: $89,453,000 Total: $210,476,000

2. LA Calcasieu Lock Dec. 2, 2014 Total: $17,432,000 (to be derived 1⁄2 from the general fund of the Treasury and 1⁄2 from the Inland Waterways Trust Fund)

3. NH, ME Portsmouth Harbor and Piscataqua Feb. 8, 2015 Federal: $16,015,000 River Non-Federal: $5,338,000 Total: $21,353,000

4. FL Port Everglades Jun. 25, 2015 Federal: $229,770,000 Non-Federal: $107,233,000 Total: $337,003,000

5. AK Little Diomede Harbor Aug. 10, 2015 Federal: $26,394,000 Non-Federal: $2,933,000 Total: $29,327,000

6. SC Charleston Harbor Sep. 8, 2015 Federal: $231,239,000 Non-Federal: $271,454,000 Total: $502,693,000

7. AK Craig Harbor Mar. 16, 2016 Federal: $29,456,000 Non-Federal: $3,299,000 Total: $32,755,000

8. PA Upper Ohio Sep. 12, 2016 Total: $2,691,600,000 (to be derived 1⁄2 from the general fund of the Treasury and 1⁄2 from the Inland Waterways Trust Fund).

(2) FLOOD RISK MANAGEMENT.—

1. TX Leon Creek Watershed Jun. 30, 2014 Federal: $22,145,000 Non-Federal: $11,925,000 Total: $34,070,000

VerDate Sep 11 2014 08:12 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00034 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7435 2. MO, KS Armourdale and Central Industrial Jan. 27, 2015 Federal: $213,271,500 District Levee Units, Missouri River Non-Federal: $114,838,500 and Tributaries at Kansas Citys Total: $328,110,000

3. KS City of Manhattan Apr. 30, 2015 Federal: $16,151,000 Non-Federal: $8,697,000 Total: $24,848,000

4. TN Mill Creek Oct. 16, 2015 Federal: $17,950,000 Non-Federal: $10,860,000 Total: $28,810,000

5. KS Upper Turkey Creek Basin Dec. 22, 2015 Federal: $25,610,000 Non-Federal: $13,790,000 Total: $39,400,000

6. NC Princeville Feb. 23, 2016 Federal: $14,080,000 Non-Federal: $7,582,000 Total: $21,662,000

7. CA American River Common Features Apr. 26, 2016 Federal: $890,046,900 Non-Federal: $705,714,100 Total: $1,595,761,000

8. CA West Sacramento Apr. 26, 2016 Federal: $788,861,000 Non-Federal: $424,772,000 Total: $1,213,633,000.

(3) HURRICANE AND STORM DAMAGE RISK RE- DUCTION.—

1. SC Colleton County Sep. 5, 2014 Initial Federal: $14,448,000 Initial Non-Federal: $7,780,000 Initial Total: $22,228,000 Renourishment Federal: $17,491,000 Renourishment Non-Federal: $17,491,000 Renourishment Total: $34,982,000

2. FL Flagler County Dec. 23, 2014 Initial Federal: $9,561,000 Initial Non-Federal: $5,149,000 Initial Total: $14,710,000 Renourishment Federal: $15,814,000 Renourishment Non-Federal: $15,815,000 Renourishment Total: $31,629,000

3. NC Carteret County Dec. 23, 2014 Initial Federal: $25,468,000 Initial Non-Federal: $13,714,000 Initial Total: $39,182,000 Renourishment Federal: $120,428,000 Renourishment Non-Federal: $120,429,000 Renourishment Total: $240,857,000

4. NJ Hereford Inlet to Cape May Inlet, Jan. 23, 2015 Initial Federal: $14,823,000 Cape May County Initial Non-Federal: $7,981,000 Initial Total: $22,804,000 Renourishment Federal: $43,501,000 Renourishment Non-Federal: $43,501,000 Renourishment Total: $87,002,000

5. LA West Shore Lake Pontchartrain Jun. 12, 2015 Federal: $483,496,650 Non-Federal: $260,344,350 Total: $743,841,000

6. CA San Diego County Apr. 26, 2016 Initial Federal: $20,953,000 Initial Non-Federal: $11,282,000 Initial Total: $32,235,000 Renourishment Federal: $70,785,000 Renourishment Non-Federal: $70,785,000 Renourishment Total: $141,570,000.

(4) ECOSYSTEM RESTORATION.—

1. FL Central Everglades Dec. 23, 2014 Federal: $993,131,000 Non-Federal: $991,544,000 Total: $1,984,675,000

2. WA Skokomish River Dec. 14, 2015 Federal: $13,168,000 Non-Federal: $7,091,000 Total: $20,259,000

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00035 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7436 CONGRESSIONAL RECORD — HOUSE December 8, 2016 3. WA Puget Sound Sep. 16, 2016 Federal: $300,009,000 Non-Federal: $161,543,000 Total: $461,552,000.

(5) FLOOD RISK MANAGEMENT AND ECOSYSTEM RESTORATION.—

1. IL, WI Upper Des Plaines River and Tribu- Jun. 8, 2015 Federal: $204,860,000 taries Non-Federal: $110,642,000 Total: $315,502,000.

(6) FLOOD RISK MANAGEMENT, ECOSYSTEM RES- TORATION, AND RECREATION.—

1. CA South San Francisco Bay Shoreline Dec. 18, 2015 Federal: $70,511,000 Non-Federal: $106,689,000 Total: $177,200,000.

(7) ECOSYSTEM RESTORATION AND RECRE- ATION.—

1. OR Willamette River Dec. 14, 2015 Federal: $19,531,000 Non-Federal: $10,845,000 Total: $30,376,000

2. CA Los Angeles River Dec. 18, 2015 Federal: $373,413,500 Non-Federal: $1,046,893,500 Total: $1,420,307,000.

(8) HURRICANE AND STORM DAMAGE RISK RE- DUCTION AND ECOSYSTEM RESTORATION.—

1. LA Southwest Coastal Louisiana Jul. 29, 2016 Federal: $2,054,386,100 Non-Federal: $1,106,207,900 Total: $3,160,594,000.

(9) MODIFICATIONS AND OTHER PROJECTS.—

1. TX Upper Trinity River May 21, 2008 Federal: $526,500,000 Non-Federal: $283,500,000 Total: $810,000,000

2. KS, MO Turkey Creek Basin May 13, 2016 Federal: $101,491,650 Non-Federal: $54,649,350 Total: $156,141,000

3. KY Ohio River Shoreline May 13, 2016 Federal: $20,309,900 Non-Federal: $10,936,100 Total: $31,246,000

4. MO Blue River Basin May 13, 2016 Federal: $36,326,250 Non-Federal: $12,108,750 Total: $48,435,000

5. FL Picayune Strand Jul. 15, 2016 Federal: $313,166,000 Non-Federal: $313,166,000 Total: $626,332,000

6. MO Swope Park Industrial Area, Blue Jul. 15, 2016 Federal: $21,033,350 River Non-Federal: $11,325,650 Total: $32,359,000

7. AZ Rio de Flag, Flagstaff Sep. 21, 2016 Federal: $66,844,900 Non-Federal: $36,039,100 Total: $102,884,000

8. TX Houston Ship Channel Nov. 4, 2016 Federal: $381,773,000 Non-Federal: $127,425,000 Total: $509,198,000.

SEC. 1402. SPECIAL RULES. stantially in accordance with terms and condi- TITLE II—WATER AND WASTE ACT OF 2016 (a) MILL CREEK.—The portion of the project tions described in the Report of the Chief of En- for flood risk management, Mill Creek, Ten- gineers, dated December 18, 2015, including, not- SEC. 2001. SHORT TITLE. nessee, authorized by section 1401(2) of this Act withstanding section 2008(c) of the Water Re- This title may be cited as the ‘‘Water and that consists of measures within the Mill Creek sources Development Act of 2007 (Public Law Waste Act of 2016’’. basin shall be carried out pursuant to section 110–114; 121 Stat. 1074), the recommended cost 205 of the Flood Control Act of 1948 (33 U.S.C. share. SEC. 2002. DEFINITION OF ADMINISTRATOR. 701s). (c) UPPER TRINITY RIVER.—Not more than In this title, the term ‘‘Administrator’’ means (b) LOS ANGELES RIVER.—The Secretary shall $5,500,000 may be expended to carry out recre- the Administrator of the Environmental Protec- carry out the project for ecosystem restoration ation features of the Upper Trinity River tion Agency. and recreation, Los Angeles River, California, project, Texas, authorized by section 1401(9) of authorized by section 1401(7) of this Act sub- this Act.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00036 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7437

Subtitle A—Safe Drinking Water ‘‘(II) the greatest of— ‘‘(e) LOCAL PARTICIPATION.—In prioritizing SEC. 2101. SENSE OF CONGRESS ON APPROPRIA- ‘‘(aa) $400,000; projects and activities for implementation under TIONS LEVELS. ‘‘(bb) 1⁄5 percent of the current valuation of this section, the Administrator shall consult It is the sense of Congress that Congress the fund; and with and consider the priorities of States, In- should provide robust funding of capitalization ‘‘(cc) an amount equal to 4 percent of all dian Tribes, and local governments in which grants to States to fund those States’ drinking grant awards to the fund under this section for communities described in subsection (c)(2) are water treatment revolving loan funds estab- the fiscal year.’’; and located. lished under section 1452 of the Safe Drinking (7) in subparagraph (B) (as redesignated by ‘‘(f) TECHNICAL, MANAGERIAL, AND FINANCIAL Water Act (42 U.S.C. 300j–12) and the State paragraph (5))— CAPABILITY.—The Administrator may provide water pollution control revolving funds estab- (A) in clause (iv) (as redesignated by para- assistance to increase the technical, managerial, lished under title VI of the Federal Water Pollu- graph (1)), by striking ‘‘1419,’’ and inserting and financial capability of an eligible entity re- tion Control Act (33 U.S.C. 1381 et seq.). ‘‘1419.’’; and ceiving a grant under this section if the Admin- (B) in the undesignated matter following SEC. 2102. PRECONSTRUCTION WORK. istrator determines that the eligible entity lacks Section 1452(a)(2) of the Safe Drinking Water clause (iv) (as redesignated by paragraph (1)), appropriate technical, managerial, or financial Act (42 U.S.C. 300j–12(a)(2)) is amended— by striking ‘‘if the State’’ and all that follows capability and is not receiving such assistance (1) in the fifth sentence, by striking ‘‘Of the through ‘‘State funds.’’. under another Federal program. amount’’ and inserting the following: SEC. 2104. ASSISTANCE FOR SMALL AND DIS- ‘‘(g) COST SHARING.—Before providing a grant ‘‘(F) LOAN ASSISTANCE.—Of the amount’’; ADVANTAGED COMMUNITIES. to an eligible entity under this section, the Ad- (2) in the fourth sentence, by striking ‘‘The Part E of the Safe Drinking Water Act (42 ministrator shall enter into a binding agreement funds’’ and inserting the following: U.S.C. 300j et seq.) is amended by adding at the with the eligible entity to require the eligible en- ‘‘(E) ACQUISITION OF REAL PROPERTY.—The end the following: tity— funds under this section’’; ‘‘SEC. 1459A. ASSISTANCE FOR SMALL AND DIS- ‘‘(1) to pay not less than 45 percent of the (3) in the third sentence, by striking ‘‘The ADVANTAGED COMMUNITIES. total costs of the project or activity, which may funds’’ and inserting the following: ‘‘(a) DEFINITION OF UNDERSERVED COMMU- include services, materials, supplies, or other in- ‘‘(D) WATER TREATMENT LOANS.—The funds NITY.—In this section: kind contributions; under this section’’; ‘‘(1) IN GENERAL.—The term ‘underserved com- ‘‘(2) to provide any land, easements, rights-of- (4) in the second sentence, by striking ‘‘Fi- munity’ means a political subdivision of a State way, and relocations necessary to carry out the nancial assistance’’ and inserting the following: that, as determined by the Administrator, has project or activity; and ‘‘(B) LIMITATION.—Financial assistance’’; an inadequate system for obtaining drinking ‘‘(3) to pay 100 percent of any operation and (5) in the first sentence, by striking ‘‘Except’’ water. maintenance costs associated with the project or and inserting the following: ‘‘(2) INCLUSIONS.—The term ‘underserved com- activity. ‘‘(A) IN GENERAL.—Except’’; munity’ includes a political subdivision of a ‘‘(h) WAIVER.—The Administrator may waive, (6) in subparagraph (B) (as designated by State that either, as determined by the Adminis- in whole or in part, the requirement under sub- paragraph (4)), by striking ‘‘(not’’ and inserting trator— section (g)(1) if the Administrator determines ‘‘(including expenditures for planning, design, ‘‘(A) does not have household drinking water that an eligible entity is unable to pay, or would and associated preconstruction activities, in- or wastewater services; or experience significant financial hardship if re- cluding activities relating to the siting of the fa- ‘‘(B) is served by a public water system that quired to pay, the non-Federal share. cility, but not’’; and violates, or exceeds, as applicable, a requirement ‘‘(i) LIMITATION ON USE OF FUNDS.—Not more (7) by inserting after subparagraph (B) (as of a national primary drinking water regulation than 4 percent of funds made available for designated by paragraph (4)) the following: issued under section 1412, including— grants under this section may be used to pay the ‘‘(C) SALE OF BONDS.—Funds may also be used ‘‘(i) a maximum contaminant level; administrative costs of the Administrator. by a public water system as a source of revenue ‘‘(ii) a treatment technique; and ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— (restricted solely to interest earnings of the ap- ‘‘(iii) an action level. There are authorized to be appropriated to carry plicable State loan fund) or security for pay- ‘‘(b) ESTABLISHMENT.— out this section, $60,000,000 for each of fiscal ment of the principal and interest on revenue or ‘‘(1) IN GENERAL.—The Administrator shall es- years 2017 through 2021.’’. general obligation bonds issued by the State to tablish a program under which grants are pro- SEC. 2105. REDUCING LEAD IN DRINKING WATER. provide matching funds under subsection (e), if vided to eligible entities for use in carrying out Part E of the Safe Drinking Water Act (42 the proceeds of the sale of the bonds will be de- projects and activities the primary purposes of U.S.C. 300j et seq.) is further amended by adding posited in the State loan fund.’’. which are to assist public water systems in meet- at the end the following: SEC. 2103. ADMINISTRATION OF STATE LOAN ing the requirements of this title. FUNDS. ‘‘SEC. 1459B. REDUCING LEAD IN DRINKING ‘‘(2) INCLUSIONS.—Projects and activities Section 1452(g)(2) of the Safe Drinking Water WATER. under paragraph (1) include— ‘‘(a) DEFINITIONS.—In this section: Act (42 U.S.C. 300j–12(g)(2)) is amended— ‘‘(A) investments necessary for the public (1) by redesignating subparagraphs (A) ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible enti- water system to comply with the requirements of through (D) as clauses (i) through (iv), respec- ty’ means— this title; ‘‘(A) a community water system; tively, and indenting the clauses appropriately; ‘‘(B) assistance that directly and primarily ‘‘(B) a water system located in an area gov- (2) by striking the fifth sentence and inserting benefits the disadvantaged community on a per- erned by an Indian Tribe; the following: household basis; and ‘‘(C) a nontransient noncommunity water sys- ‘‘(D) ENFORCEMENT ACTIONS.—Funds used ‘‘(C) programs to provide household water under subparagraph (B)(ii) shall not be used for tem; quality testing, including testing for unregu- ‘‘(D) a qualified nonprofit organization, as enforcement actions.’’; (3) in the fourth sentence, by striking ‘‘An ad- lated contaminants. determined by the Administrator, servicing a LIGIBLE ENTITIES.—An eligible entity ditional’’ and inserting the following: ‘‘(c) E public water system; and ‘‘(C) TECHNICAL ASSISTANCE.—An additional’’; under this section— ‘‘(E) a municipality or State, interstate, or (4) by striking the third sentence; ‘‘(1) is— intermunicipal agency. (5) in the second sentence, by striking ‘‘For ‘‘(A) a public water system; ‘‘(2) LEAD REDUCTION PROJECT.— fiscal year’’ and inserting the following: ‘‘(B) a water system that is located in an area ‘‘(A) IN GENERAL.—The term ‘lead reduction ‘‘(B) ADDITIONAL USE OF FUNDS.—For fiscal governed by an Indian Tribe; or project’ means a project or activity the primary year’’; ‘‘(C) a State, on behalf of an underserved purpose of which is to reduce the concentration (6) by striking the first sentence and inserting community; and of lead in water for human consumption by— the following: ‘‘(2) serves a community— ‘‘(i) replacement of publicly owned lead serv- ‘‘(A) AUTHORIZATION.— ‘‘(A) that, under affordability criteria estab- ice lines; ‘‘(i) IN GENERAL.—For each fiscal year, a lished by the State under section 1452(d)(3), is ‘‘(ii) testing, planning, or other relevant ac- State may use the amount described in clause determined by the State— tivities, as determined by the Administrator, to (ii)— ‘‘(i) to be a disadvantaged community; or identify and address conditions (including cor- ‘‘(I) to cover the reasonable costs of adminis- ‘‘(ii) to be a community that may become a rosion control) that contribute to increased con- tration of the programs under this section, in- disadvantaged community as a result of car- centration of lead in water for human consump- cluding the recovery of reasonable costs ex- rying out a project or activity under subsection tion; and pended to establish a State loan fund that are (b); or ‘‘(iii) providing assistance to low-income incurred after the date of enactment of this sec- ‘‘(B) with a population of less than 10,000 in- homeowners to replace lead service lines. tion; and dividuals that the Administrator determines ‘‘(B) LIMITATION.—The term ‘lead reduction ‘‘(II) to provide technical assistance to public does not have the capacity to incur debt suffi- project’ does not include a partial lead service water systems within the State. cient to finance a project or activity under sub- line replacement if, at the conclusion of the ‘‘(ii) DESCRIPTION OF AMOUNT.—The amount section (b). service line replacement, drinking water is deliv- referred to in clause (i) is an amount equal to ‘‘(d) PRIORITY.—In prioritizing projects and ered to a household through a publicly or pri- the sum of— activities for implementation under this section, vately owned portion of a lead service line. ‘‘(I) the amount of any fees collected by the the Administrator shall give priority to projects ‘‘(3) LOW-INCOME.—The term ‘low-income’, State for use in accordance with clause (i)(I), and activities that benefit underserved commu- with respect to an individual provided assist- regardless of the source; and nities. ance under this section, has such meaning as

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00037 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7438 CONGRESSIONAL RECORD — HOUSE December 8, 2016

may be given the term by the Governor of the ‘‘(D) shall notify each customer that a ‘‘(D) NOTICE BY THE ADMINISTRATOR.—If the State in which the eligible entity is located, planned replacement of any publicly owned por- State with primary enforcement responsibility or based upon the affordability criteria established tion of a lead service line that is funded by a the owner or operator of a public water system by the State under section 1452(d)(3). grant made under this subsection will not be has not issued a notice under subparagraph (C) ‘‘(4) LEAD SERVICE LINE.—The term ‘lead serv- carried out unless the customer agrees to the si- for an exceedance of the lead action level under ice line’ means a pipe and its fittings, which are multaneous replacement of the privately owned section 141.80(c) of title 40, Code of Federal Reg- not lead free (as defined in section 1417(d)), that portion of the lead service line; and ulations (or a prescribed level of lead that the connect the drinking water main to the building ‘‘(E) shall demonstrate that the eligible entity Administrator establishes for public education inlet. has considered other options for reducing the or notification in a successor regulation promul- ‘‘(5) NONTRANSIENT NONCOMMUNITY WATER concentration of lead in its drinking water, in- gated pursuant to section 1412) that has the po- SYSTEM.—The term ‘nontransient noncommunity cluding an evaluation of options for corrosion tential to have serious adverse effects on human water system’ means a public water system that control. health as a result of short-term exposure, not is not a community water system and that regu- ‘‘(c) LIMITATION ON USE OF FUNDS.—Not more later than 24 hours after the Administrator is larly serves at least 25 of the same persons over than 4 percent of funds made available for notified of the exceedance, the Administrator 6 months per year. grants under this section may be used to pay the shall issue the required notice under that sub- ‘‘(b) GRANT PROGRAM.— administrative costs of the Administrator. paragraph.’’; ‘‘(1) ESTABLISHMENT.—The Administrator ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (4) in paragraph (3)(B), in the first sentence— shall establish a grant program to provide as- There is authorized to be appropriated to carry (A) by striking ‘‘subparagraph (A) and’’ and sistance to eligible entities for lead reduction out this section $60,000,000 for each of fiscal inserting ‘‘subparagraph (A),’’; and projects in the United States. years 2017 through 2021. (B) by striking ‘‘subparagraph (C) or (D) of RECONDITION ‘‘(2) P .—As a condition of receipt ‘‘(e) SAVINGS CLAUSE.—Nothing in this section paragraph (2)’’ and inserting ‘‘subparagraph of assistance under this section, an eligible enti- affects whether a public water system is respon- (C) or (E) of paragraph (2), and notices issued ty shall take steps to identify— sible for the replacement of a lead service line by the Administrator with respect to public ‘‘(A) the source of lead in the public water that is— water systems serving Indian Tribes under sub- system that is subject to human consumption; ‘‘(1) subject to the control of the public water paragraph (D) of that paragraph’’; and system; and (5) in paragraph (4)(B)— ‘‘(B) the means by which the proposed lead ‘‘(2) located on private property.’’. (A) in clause (ii), by striking ‘‘the terms’’ and reduction project would meaningfully reduce inserting ‘‘the terms ‘action level’,’’; SEC. 2106. NOTICE TO PERSONS SERVED. the concentration of lead in water provided for (B) by striking clause (iii) and inserting the (a) ENFORCEMENT OF DRINKING WATER REGU- human consumption by the applicable public following: water system. LATIONS.—Section 1414(c) of the Safe Drinking ‘‘(iii) If any regulated contaminant is detected ‘‘(3) PRIORITY APPLICATION.—In providing Water Act (42 U.S.C. 300g–3(c)) is amended— in the water purveyed by the public water sys- grants under this subsection, the Administrator (1) in the subsection heading, by striking tem, a statement describing, as applicable— shall give priority to an eligible entity that— ‘‘NOTICE TO’’ and inserting ‘‘NOTICE TO STATES, ‘‘(I) the maximum contaminant level goal; ‘‘(A) the Administrator determines, based on THE ADMINISTRATOR, AND’’; ‘‘(II) the maximum contaminant level; affordability criteria established by the State (2) in paragraph (1)— ‘‘(III) the level of the contaminant in the under section 1452(d)(3), to be a disadvantaged (A) in subparagraph (C), by striking ‘‘para- water system; community; and graph (2)(E)’’ and inserting ‘‘paragraph (2)(F)’’; ‘‘(IV) the action level for the contaminant; ‘‘(B) proposes to— and and ‘‘(i) carry out a lead reduction project at a (B) by adding at the end the following: ‘‘(V) for any contaminant for which there has public water system or nontransient noncommu- ‘‘(D) Notice that the public water system ex- been a violation of the maximum contaminant nity water system that has exceeded the lead ac- ceeded the lead action level under section level during the year concerned, a brief state- tion level established by the Administrator 141.80(c) of title 40, Code of Federal Regulations ment in plain language regarding the health under section 1412 at any time during the 3-year (or a prescribed level of lead that the Adminis- concerns that resulted in regulation of the con- period preceding the date of submission of the trator establishes for public education or notifi- taminant, as provided by the Administrator in application of the eligible entity; or cation in a successor regulation promulgated regulations under subparagraph (A).’’; and ‘‘(ii) address lead levels in water for human pursuant to section 1412).’’; (C) in the undesignated matter following consumption at a school, daycare, or other facil- (3) in paragraph (2)— clause (vi), in the second sentence, by striking ity that primarily serves children or other vul- (A) in subparagraph (B)(i)(II), by striking ‘‘subclause (IV) of clause (iii)’’ and inserting nerable human subpopulation described in sec- ‘‘subparagraph (D)’’ and inserting ‘‘subpara- ‘‘clause (iii)(V)’’; and tion 1458(a)(1). graph (E)’’; (6) by adding at the end the following: ‘‘(4) COST SHARING.— (B) in subparagraph (C)— ‘‘(5) EXCEEDANCE OF LEAD LEVEL AT HOUSE- ‘‘(A) IN GENERAL.—Subject to subparagraph (i) in the subparagraph heading, by striking HOLDS.— (B), the non-Federal share of the total cost of a ‘‘VIOLATIONS’’ and inserting ‘‘NOTICE OF VIOLA- ‘‘(A) STRATEGIC PLAN.—Not later than 180 project funded by a grant under this subsection TIONS OR EXCEEDANCES’’; days after the date of enactment of this para- shall be not less than 20 percent. (ii) in the matter preceding clause (i)— graph, the Administrator shall, in collaboration ‘‘(B) WAIVER.—The Administrator may reduce (I) in the first sentence, by striking ‘‘viola- with owners and operators of public water sys- or eliminate the non-Federal share under sub- tion’’ and inserting ‘‘violation, and each exceed- tems and States, establish a strategic plan for paragraph (A) for reasons of affordability, as ance described in paragraph (1)(D),’’; and how the Administrator, a State with primary en- the Administrator determines to be appropriate. (II) in the second sentence, by striking ‘‘viola- forcement responsibility, and owners and opera- ‘‘(5) LOW-INCOME ASSISTANCE.— tion’’ and inserting ‘‘violation or exceedance’’; tors of public water systems shall provide tar- ‘‘(A) IN GENERAL.—Subject to subparagraph (iii) by striking clause (i) and inserting the (B), an eligible entity may use a grant provided geted outreach, education, technical assistance, following: under this subsection to provide assistance to and risk communication to populations affected ‘‘(i) be distributed as soon as practicable, but low-income homeowners to replace the lead serv- by the concentration of lead in a public water not later than 24 hours, after the public water ice lines of such homeowners. system, including dissemination of information system learns of the violation or exceedance;’’; ‘‘(B) LIMITATION.—The amount of a grant described in subparagraph (C). provided to a low-income homeowner under this (iv) in clause (ii), by inserting ‘‘or exceed- ‘‘(B) EPA INITIATION OF NOTICE.— paragraph shall not exceed the standard cost of ance’’ after ‘‘violation’’ each place it appears; ‘‘(i) FORWARDING OF DATA BY EMPLOYEE OF replacement of the privately owned portion of (v) by striking clause (iii) and inserting the THE AGENCY.—If the Agency develops, or re- the lead service line. following: ceives from a source other than a State or a ‘‘(6) SPECIAL CONSIDERATION FOR LEAD SERV- ‘‘(iii) be provided to the Administrator and the public water system, data that meets the re- ICE LINE REPLACEMENT.—In carrying out lead head of the State agency that has primary en- quirements of section 1412(b)(3)(A)(ii) that indi- service line replacement using a grant under forcement responsibility under section 1413, as cates that the drinking water of a household this subsection, an eligible entity— applicable, as soon as practicable, but not later served by a public water system contains a level ‘‘(A) shall notify customers of the replacement than 24 hours after the public water system of lead that exceeds the lead action level under of any publicly owned portion of the lead serv- learns of the violation or exceedance; and’’; and section 141.80(c) of title 40, Code of Federal Reg- ice line; (vi) in clause (iv)— ulations (or a prescribed level of lead that the ‘‘(B) may, in the case of a homeowner who is (I) in subclause (I), by striking ‘‘broadcast Administrator establishes for public education not low-income, offer to replace the privately media’’ and inserting ‘‘media, including broad- or notification in a successor regulation promul- owned portion of the lead service line at the cost cast media’’; and gated pursuant to section 1412) (referred to in of replacement for that homeowner’s property; (II) in subclause (III), by striking ‘‘in lieu of this paragraph as an ‘affected household’), the ‘‘(C) may, in the case of a low-income home- notification by means of broadcast media or Administrator shall require an appropriate em- owner, offer to replace the privately owned por- newspaper’’; ployee of the Agency to forward the data, and tion of the lead service line at a cost that is (C) by redesignating subparagraphs (D) and information on the sampling techniques used to equal to the difference between— (E) as subparagraphs (E) and (F), respectively; obtain the data, to the owner or operator of the ‘‘(i) the cost of replacement; and and public water system and the State in which the ‘‘(ii) the amount of assistance available to the (D) by inserting after subparagraph (C) the affected household is located within a time pe- low-income homeowner under paragraph (5); following: riod determined by the Administrator.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00038 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7439

‘‘(ii) DISSEMINATION OF INFORMATION BY ing lead in drinking water, including informa- in Drinking Water in Schools: Revised Technical OWNER OR OPERATOR.—The owner or operator of tion regarding— Guidance’ and dated October 2006 (or any suc- a public water system shall disseminate to af- ‘‘(A) risks associated with lead in drinking cessor guidance); or fected households the information described in water; ‘‘(ii) applicable State regulations or guidance subparagraph (C) within a time period estab- ‘‘(B) the conditions that contribute to drink- regarding reducing lead in drinking water in lished by the Administrator, if the owner or op- ing water containing lead in a residence; schools and child care programs that are not erator— ‘‘(C) steps that States, public water systems, less stringent than the guidance referred to in ‘‘(I) receives data and information under and consumers can take to reduce the risks of clause (i); and clause (i); and lead in drinking water; and ‘‘(B)(i) make available, if applicable, in the ‘‘(II) has not, since the date of the test that ‘‘(D) the availability of additional resources administrative offices and, to the extent prac- developed the data, notified the affected house- that consumers can use to minimize lead expo- ticable, on the Internet website of the local edu- holds— sure, including information on sampling for lead cational agency for inspection by the public (in- ‘‘(aa) with respect to the concentration of lead in drinking water. cluding teachers, other school personnel, and in the drinking water of the affected house- ‘‘(2) VULNERABLE POPULATIONS.—In making parents) a copy of the results of any voluntary holds; and information available to the public under this testing for lead contamination in school and ‘‘(bb) that the concentration of lead in the subsection, the Administrator shall, subject to child care program drinking water carried out drinking water of the affected households ex- the availability of appropriations, carry out tar- using grant funds under this subsection; and ceeds the lead action level under section geted outreach strategies that focus on edu- ‘‘(ii) notify parent, teacher, and employee or- 141.80(c) of title 40, Code of Federal Regulations cating groups within the general population ganizations of the availability of the results de- (or a prescribed level of lead that the Adminis- that may be at greater risk than the general scribed in clause (i). population of adverse health effects from expo- trator establishes for public education or notifi- ‘‘(6) MAINTENANCE OF EFFORT.—If resources cation in a successor regulation promulgated sure to lead in drinking water.’’. are available to a State or local educational pursuant to section 1412). SEC. 2107. LEAD TESTING IN SCHOOL AND CHILD agency from any other Federal agency, a State, ‘‘(iii) CONSULTATION.— CARE PROGRAM DRINKING WATER. or a private foundation for testing for lead con- ‘‘(I) DEADLINE.—If the owner or operator of (a) IN GENERAL.—Section 1464 of the Safe tamination in drinking water, the State or local the public water system does not disseminate to Drinking Water Act (42 U.S.C. 300j–24) is educational agency shall demonstrate that the the affected households the information de- amended by striking subsection (d) and insert- funds provided under this subsection will not scribed in subparagraph (C) as required under ing the following: displace those resources. ‘‘(d) VOLUNTARY SCHOOL AND CHILD CARE clause (ii) within the time period established by ‘‘(7) AUTHORIZATION OF APPROPRIATIONS.— PROGRAM LEAD TESTING GRANT PROGRAM.— the Administrator, not later than 24 hours after There is authorized to be appropriated to carry the Administrator becomes aware of the failure ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) CHILD CARE PROGRAM.—The term ‘child out this subsection $20,000,000 for each of fiscal by the owner or operator of the public water care program’ has the meaning given the term years 2017 through 2021.’’. system to disseminate the information, the Ad- ‘early childhood education program’ in section (b) REPEAL.—Section 1465 of the Safe Drink- ministrator shall consult, within a period not to 103(8) of the Higher Education Act of 1965 (20 ing Water Act (42 U.S.C. 300j–25) is repealed. exceed 24 hours, with the applicable Governor to U.S.C. 1003(8)). SEC. 2108. WATER SUPPLY COST SAVINGS. develop a plan, in accordance with the strategic ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The term (a) DRINKING WATER TECHNOLOGY CLEARING- plan, to disseminate the information to the af- ‘local educational agency’ means— HOUSE.—The Administrator, in consultation fected households not later than 24 hours after ‘‘(i) a local educational agency (as defined in with the Secretary of Agriculture, shall— the end of the consultation period. section 8101 of the Elementary and Secondary (1) develop a technology clearinghouse for in- ‘‘(II) DELEGATION.—The Administrator may Education Act of 1965 (20 U.S.C. 7801)); formation on the cost-effectiveness of innovative only delegate the duty to consult under sub- ‘‘(ii) a tribal education agency (as defined in and alternative drinking water delivery systems, clause (I) to an employee of the Agency who, as section 3 of the National Environmental Edu- including wells and well systems; and of the date of the delegation, works in the Office cation Act (20 U.S.C. 5502)); and (2) disseminate such information to the public of Water at the headquarters of the Agency. ‘‘(iii) a person that owns or operates a child and to communities and not-for-profit organiza- ‘‘(iv) DISSEMINATION BY ADMINISTRATOR.—The care program facility. tions seeking Federal funding for drinking Administrator shall, as soon as practicable, dis- ‘‘(2) ESTABLISHMENT.— water delivery systems serving 500 or fewer per- seminate to affected households the information ‘‘(A) IN GENERAL.—Not later than 180 days sons. described in subparagraph (C) if— after the date of enactment of the Water and (b) WATER SYSTEM ASSESSMENT.—In any ap- ‘‘(I) the owner or operator of the public water Waste Act of 2016, the Administrator shall estab- plication for a grant or loan for the purpose of system does not disseminate the information to lish a voluntary school and child care program construction, replacement, or rehabilitation of a the affected households within the time period lead testing grant program to make grants avail- drinking water delivery system serving 500 or determined by the Administrator, as required by able to States to assist local educational agen- fewer persons, the funding for which would clause (ii); and cies in voluntary testing for lead contamination come from the Federal Government (either di- ‘‘(II)(aa) the Administrator and the applicable in drinking water at schools and child care pro- rectly or through a State), a unit of local gov- Governor do not agree on a plan described in grams under the jurisdiction of the local edu- ernment or not-for-profit organization shall self- clause (iii)(I) during the consultation period cational agencies. certify that the unit of local government or or- under that clause; or ‘‘(B) DIRECT GRANTS TO LOCAL EDUCATIONAL ‘‘(bb) the applicable Governor does not dis- ganization has considered, as an alternative AGENCIES.—The Administrator may make a drinking water supply, drinking water delivery seminate the information within 24 hours after grant for the voluntary testing described in sub- the end of the consultation period. systems sourced by publicly owned— paragraph (A) directly available to— (1) individual wells; ‘‘(C) INFORMATION REQUIRED.—The informa- ‘‘(i) any local educational agency described in tion described in this subparagraph includes— (2) shared wells; and clause (i) or (iii) of paragraph (1)(B) located in (3) community wells. ‘‘(i) a clear explanation of the potential ad- a State that does not participate in the vol- (c) REPORT TO CONGRESS.—Not later than 3 verse effects on human health of drinking water untary grant program established under sub- that contains a concentration of lead that ex- years after the date of enactment of this Act, paragraph (A); or the Comptroller General of the United States ceeds the lead action level under section ‘‘(ii) any local educational agency described shall submit to Congress a report that de- 141.80(c) of title 40, Code of Federal Regulations in clause (ii) of paragraph (1)(B). scribes— (or a prescribed level of lead that the Adminis- ‘‘(3) APPLICATION.—To be eligible to receive a trator establishes for public education or notifi- grant under this subsection, a State or local (1) the use of innovative and alternative cation in a successor regulation promulgated educational agency shall submit to the Adminis- drinking water delivery systems described in this pursuant to section 1412); trator an application at such time, in such man- section; ‘‘(ii) the steps that the owner or operator of ner, and containing such information as the Ad- (2) the range of cost savings for communities the public water system is taking to mitigate the ministrator may require. using innovative and alternative drinking water concentration of lead; and ‘‘(4) LIMITATION ON USE OF FUNDS.—Not more delivery systems described in this section; and ‘‘(iii) the necessity of seeking alternative than 4 percent of grant funds accepted by a (3) the use of drinking water technical assist- water supplies until the date on which the con- State or local educational agency for a fiscal ance programs operated by the Administrator centration of lead is mitigated. year under this subsection shall be used to pay and the Secretary of Agriculture. ‘‘(6) PRIVACY.—Any notice to the public or an the administrative costs of carrying out this sub- SEC. 2109. INNOVATION IN THE PROVISION OF affected household under this subsection shall section. SAFE DRINKING WATER. protect the privacy of individual customer infor- ‘‘(5) GUIDANCE; PUBLIC AVAILABILITY.—As a (a) INNOVATIVE WATER TECHNOLOGIES.—Sec- mation.’’. condition of receiving a grant under this sub- tion 1442(a)(1) of the Safe Drinking Water Act (b) PROHIBITION ON USE OF LEAD PIPES, SOL- section, the recipient State or local educational (42 U.S.C. 300j–1(a)(1)) is amended— DER, AND FLUX.—Section 1417 of the Safe Drink- agency shall ensure that each local educational (1) in subparagraph (D), by striking ‘‘; and’’ ing Water Act (42 U.S.C. 300g–6) is amended by agency to which grant funds are distributed and inserting a semicolon; adding at the end the following: shall— (2) by striking the period at the end of sub- ‘‘(f) PUBLIC EDUCATION.— ‘‘(A) expend grant funds in accordance with— paragraph (E) and inserting ‘‘; and’’; and ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(i) the guidance of the Environmental Pro- (3) by adding at the end the following new make information available to the public regard- tection Agency entitled ‘3Ts for Reducing Lead subparagraph:

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00039 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7440 CONGRESSIONAL RECORD — HOUSE December 8, 2016

‘‘(F) innovative water technologies (including ‘‘(i) as determined by the Administrator, are (2) ELIGIBLE SYSTEM.—The term ‘‘eligible sys- technologies to improve water treatment to en- the most qualified and experienced to provide tem’’ means a public water system that has been sure compliance with this title and technologies training and technical assistance to Indian the subject of an emergency declaration referred to identify and mitigate sources of drinking Tribes; and to in paragraph (1). water contamination, including lead contamina- ‘‘(ii) the Indian Tribes find to be the most ben- (3) LEAD SERVICE LINE.—The term ‘‘lead serv- tion).’’. eficial and effective.’’. ice line’’ means a pipe and its fittings, which (b) TECHNICAL ASSISTANCE.—Section 1442 of SEC. 2113. MATERIALS REQUIREMENT FOR CER- are not lead free (as defined under section 1417 the Safe Drinking Water Act (42 U.S.C. 300j-1) is TAIN FEDERALLY FUNDED of the Safe Drinking Water Act (42 U.S.C. 300g– amended— PROJECTS. 6)), that connect the drinking water main to the (1) in the heading for subsection (e), by insert- Section 1452(a) of the Safe Drinking Water building inlet. ing ‘‘TO SMALL PUBLIC WATER SYSTEMS’’ after Act (42 U.S.C. 300j–12(a)) is amended by adding (4) PUBLIC WATER SYSTEM.—The term ‘‘public ‘‘ASSISTANCE’’; and at the end the following: water system’’ has the meaning given such term (2) by adding at the end the following new ‘‘(4) AMERICAN IRON AND STEEL PRODUCTS.— in section 1401(4) of the Safe Drinking Water subsection: ‘‘(A) IN GENERAL.—During fiscal year 2017, Act (42 U.S.C. 300f(4)). ‘‘(f) TECHNICAL ASSISTANCE FOR INNOVATIVE funds made available from a State loan fund es- (b) STATE REVOLVING LOAN FUND ASSIST- WATER TECHNOLOGIES.— tablished pursuant to this section may not be ANCE.— ‘‘(1) The Administrator may provide technical used for a project for the construction, alter- (1) IN GENERAL.—An eligible system shall be— assistance to public water systems to facilitate ation, or repair of a public water system unless (A) considered to be a disadvantaged commu- use of innovative water technologies. all of the iron and steel products used in the nity under section 1452(d) of the Safe Drinking ‘‘(2) There are authorized to be appropriated project are produced in the United States. Water Act (42 U.S.C. 300j–12(d)); and (B) eligible to receive loans with additional to the Administrator for use in providing tech- ‘‘(B) DEFINITION OF IRON AND STEEL PROD- subsidization under section 1452(d)(1) of that nical assistance under paragraph (1) $10,000,000 UCTS.—In this paragraph, the term ‘iron and Act (42 U.S.C. 300j–12(d)(1)), including forgive- for each of fiscal years 2017 through 2021.’’. steel products’ means the following products ness of principal under that section. (c) REPORT.—Not later than 1 year after the made primarily of iron or steel: (2) AUTHORIZATION.— date of enactment of the Water and Waste Act ‘‘(i) Lined or unlined pipes and fittings. (A) IN GENERAL.—Using funds provided pursu- of 2016, and not less frequently than every 5 ‘‘(ii) Manhole covers and other municipal ant to subsection (d), an eligible State may pro- years thereafter, the Administrator shall report castings. vide assistance to an eligible system within the to Congress on— ‘‘(iii) Hydrants. eligible State for the purpose of addressing lead ‘‘(iv) Tanks. (1) the amount of funding used to provide or other contaminants in drinking water, in- ‘‘(v) Flanges. technical assistance under section 1442(f) of the cluding repair and replacement of lead service ‘‘(vi) Pipe clamps and restraints. Safe Drinking Water Act to deploy innovative lines and public water system infrastructure. ‘‘(vii) Valves. water technologies; (B) INCLUSION.—Assistance provided under (2) the barriers impacting greater use of inno- ‘‘(viii) Structural steel. subparagraph (A) may include additional sub- vative water technologies; and ‘‘(ix) Reinforced precast concrete. sidization under section 1452(d)(1) of the Safe (3) the cost-saving potential to cities and fu- ‘‘(x) Construction materials. Drinking Water Act (42 U.S.C. 300j–12(d)(1)), as ‘‘(C) APPLICATION.—Subparagraph (A) shall ture infrastructure investments from innovative described in paragraph (1)(B). water technologies. be waived in any case or category of cases in (C) EXCLUSION.—Assistance provided under SEC. 2110. SMALL SYSTEM TECHNICAL ASSIST- which the Administrator finds that— subparagraph (A) shall not include assistance ANCE. ‘‘(i) applying subparagraph (A) would be in- for a project that is financed (directly or indi- Section 1452(q) of the Safe Drinking Water Act consistent with the public interest; rectly), in whole or in part, with proceeds of (42 U.S.C. 300j–12(q)) is amended by striking ‘‘(ii) iron and steel products are not produced any obligation issued after the date of enact- ‘‘appropriated’’ and all that follows through in the United States in sufficient and reason- ment of this Act— ‘‘2003’’ and inserting ‘‘made available to carry ably available quantities and of a satisfactory (i) the interest of which is exempt from the tax out this section for each of fiscal years 2016 quality; or imposed under chapter 1 of the Internal Rev- through 2021’’. ‘‘(iii) inclusion of iron and steel products pro- enue Code of 1986; or duced in the United States will increase the cost SEC. 2111. DEFINITION OF INDIAN TRIBE. (ii) with respect to which credit is allowable of the overall project by more than 25 percent. Section 1401(14) of the Safe Drinking Water under subpart I or J of part IV of subchapter A ‘‘(D) WAIVER.—If the Administrator receives a Act (42 U.S.C. 300(f)(14)) is amended by striking of chapter 1 of such Code. request for a waiver under this paragraph, the ‘‘section 1452’’ and inserting ‘‘sections 1452, (3) INAPPLICABILITY OF LIMITATION.—Section Administrator shall make available to the pub- 1459A, and 1459B’’. 1452(d)(2) of the Safe Drinking Water Act (42 lic, on an informal basis, a copy of the request U.S.C. 300j–12(d)(2)) shall not apply to— SEC. 2112. TECHNICAL ASSISTANCE FOR TRIBAL and information available to the Administrator (A) any funds provided pursuant to sub- WATER SYSTEMS. concerning the request, and shall allow for in- section (d) of this section; (a) TECHNICAL ASSISTANCE.—Section 1442(e)(7) formal public input on the request for at least 15 (B) any other assistance provided to an eligi- of the Safe Drinking Water Act (42 U.S.C. 300j– days prior to making a finding based on the re- ble system; or 1(e)(7)) is amended by striking ‘‘Tribes’’ and in- quest. The Administrator shall make the request (C) any funds required to match the funds serting ‘‘Tribes, including grants to provide and accompanying information available by provided under subsection (d). training and operator certification services electronic means, including on the official pub- (c) NONDUPLICATION OF WORK.—An activity under section 1452(i)(5)’’. lic Internet site of the Agency. carried out pursuant to this section shall not (b) INDIAN TRIBES.—Section 1452(i) of the Safe ‘‘(E) INTERNATIONAL AGREEMENTS.—This duplicate the work or activity of any other Fed- Drinking Water Act (42 U.S.C. 300j–12(i)) is paragraph shall be applied in a manner con- eral or State department or agency. amended— sistent with United States obligations under (d) ADDITIONAL DRINKING WATER STATE RE- (1) in paragraph (1)— international agreements. VOLVING FUND CAPITALIZATION GRANTS.— (A) in the first sentence, by striking ‘‘Tribes ‘‘(F) MANAGEMENT AND OVERSIGHT.—The Ad- (1) IN GENERAL.—There is authorized to be ap- and Alaska Native villages’’ and inserting ministrator may retain up to 0.25 percent of the propriated to the Administrator a total of ‘‘Tribes, Alaska Native villages, and, for the funds appropriated for this section for manage- $100,000,000 to provide additional capitalization purpose of carrying out paragraph (5), inter- ment and oversight of the requirements of this grants to eligible States pursuant to section 1452 tribal consortia or tribal organizations,’’; and paragraph. of the Safe Drinking Water Act (42 U.S.C. 300j– (B) in the second sentence, by striking ‘‘The ‘‘(G) EFFECTIVE DATE.—This paragraph does 12), to be available for a period of 18 months be- grants’’ and inserting ‘‘Except as otherwise pro- not apply with respect to a project if a State ginning on the date on which the funds are vided, the grants’’; and agency approves the engineering plans and made available, for the purposes described in (2) by adding at the end the following: specifications for the project, in that agency’s subsection (b)(2), and after the end of the 18- ‘‘(5) TRAINING AND OPERATOR CERTIFI- capacity to approve such plans and specifica- month period, until expended for the purposes CATION.— tions prior to a project requesting bids, prior to described in paragraph (3). ‘‘(A) IN GENERAL.—The Administrator may use the date of enactment of this paragraph.’’. (2) SUPPLEMENTED INTENDED USE PLANS.— funds made available under this subsection and From funds made available under paragraph section 1442(e)(7) to make grants to intertribal Subtitle B—Drinking Water Disaster Relief (1), the Administrator shall obligate to an eligi- consortia or tribal organizations for the purpose and Infrastructure Investments ble State such amounts as are necessary to meet of providing operations and maintenance train- SEC. 2201. DRINKING WATER INFRASTRUCTURE. the needs identified in a supplemented intended ing and operator certification services to Indian (a) DEFINITIONS.—In this section: use plan for the purposes described in sub- Tribes to enable public water systems that serve (1) ELIGIBLE STATE.—The term ‘‘eligible State’’ section (b)(2) by not later than 30 days after the Indian Tribes to achieve and maintain compli- means a State for which the President has de- date on which the eligible State submits to the ance with applicable national primary drinking clared an emergency under the Robert T. Staf- Administrator a supplemented intended use plan water regulations. ford Disaster Relief and Emergency Assistance under section 1452(b) of the Safe Drinking ‘‘(B) ELIGIBLE TRIBAL ORGANIZATIONS.—Inter- Act (42 U.S.C. 5121 et seq.) relating to the public Water Act (42 U.S.C. 300j–12(b)) that includes tribal consortia or tribal organizations eligible health threats associated with the presence of preapplication information regarding projects to for a grant under subparagraph (A) are inter- lead or other contaminants in drinking water be funded using the additional assistance, in- tribal consortia or tribal organizations that— provided by a public water system. cluding, with respect to each such project—

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00040 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7441

(A) a description of the project; and Disease Registry an Advisory Committee in (b) HEALTHY START PROGRAM.—There are au- (B) an explanation of the means by which the coordination with the Director of the Centers for thorized to be appropriated for the period of fis- project will address a situation causing a de- Disease Control and Prevention and other rel- cal years 2017 and 2018 $15,000,000 to carry out clared emergency in the eligible State; evant agencies as determined by the Secretary the Healthy Start Initiative under section 330H (C) the estimated cost of the project; and consisting of Federal members and non-Federal of the Public Health Service Act (42 U.S.C. 254c– (D) the projected start date for construction of members, and which shall include— 8). the project. (i) an epidemiologist; Subtitle C—Control of Coal Combustion (3) UNOBLIGATED AMOUNTS.—Any amounts (ii) a toxicologist; Residuals made available to the Administrator under para- (iii) a mental health professional; graph (1) that are unobligated on the date that SEC. 2301. APPROVAL OF STATE PROGRAMS FOR (iv) a pediatrician; CONTROL OF COAL COMBUSTION RE- is 18 months after the date on which the (v) an early childhood education expert; SIDUALS. amounts are made available shall be available to (vi) a special education expert; Section 4005 of the Solid Waste Disposal Act provide additional grants to States to capitalize (vii) a dietician; and (42 U.S.C. 6945) is amended by adding at the end State loan funds as provided under section 1452 (viii) an environmental health expert. the following: of the Safe Drinking Water Act (42 U.S.C. 300j– (B) REQUIREMENTS.—Membership in the Com- ‘‘(d) STATE PROGRAMS FOR CONTROL OF COAL 12). mittee shall not exceed 15 members and not less COMBUSTION RESIDUALS.— PPLICABILITY 1 (4) A .— than ⁄2 of the members shall be Federal mem- ‘‘(1) APPROVAL BY ADMINISTRATOR.— (A) Section 1452(b)(1) of the Safe Drinking bers. ‘‘(A) IN GENERAL.—Each State may submit to Water Act (42 U.S.C. 300j–12(b)(1)) shall not (2) CHAIR.—The Secretary shall designate a the Administrator, in such form as the Adminis- apply to a supplement to an intended use plan chair from among the Federal members ap- trator may establish, evidence of a permit pro- under paragraph (2). pointed to the Committee. gram or other system of prior approval and con- (B) Unless explicitly waived, all requirements (3) TERMS.—Members of the Committee shall ditions under State law for regulation by the under the Safe Drinking Water Act (42 U.S.C. serve for a term of not more than 3 years and State of coal combustion residuals units that are 300f et seq.) shall apply to funding provided the Secretary may reappoint members for con- located in the State that, after approval by the under this subsection. secutive terms. Administrator, will operate in lieu of regulation (e) HEALTH EFFECTS EVALUATION.— (4) APPLICATION OF FACA.—The Committee of coal combustion residuals units in the State (1) IN GENERAL.—Pursuant to section shall be subject to the Federal Advisory Com- by— 104(i)(1)(E) of the Comprehensive Environmental mittee Act (5 U.S.C. App.). ‘‘(i) application of part 257 of title 40, Code of Response, Compensation, and Liability Act of (5) RESPONSIBILITIES.—The Committee shall, Federal Regulations (or successor regulations 1980 (42 U.S.C. 9604(i)(1)(E)), and on receipt of at a minimum— promulgated pursuant to sections 1008(a)(3) and a request of an appropriate State or local health (A) review the Federal programs and services 4004(a)); or official of an eligible State, the Director of the available to individuals and communities ex- ‘‘(ii) implementation by the Administrator of a Agency for Toxic Substances and Disease Reg- posed to lead; permit program under paragraph (2)(B). istry of the National Center for Environmental (B) review current research on lead poisoning ‘‘(B) REQUIREMENT.—Not later than 180 days Health shall in coordination with other agen- to identify additional research needs; after the date on which a State submits the evi- cies, as appropriate, conduct voluntary surveil- (C) review and identify best practices, or the dence described in subparagraph (A), the Ad- lance activities to evaluate any adverse health need for best practices, regarding lead screening ministrator, after public notice and an oppor- effects on individuals exposed to lead from and the prevention of lead poisoning; tunity for public comment, shall approve, in drinking water in the affected communities. (D) identify effective services, including serv- whole or in part, a permit program or other sys- (2) CONSULTATIONS.—Pursuant to section ices relating to healthcare, education, and nu- tem of prior approval and conditions submitted 104(i)(4) of the Comprehensive Environmental trition for individuals and communities affected under subparagraph (A) if the Administrator de- Response, Compensation, and Liability Act of by lead exposure and lead poisoning, including termines that the program or other system re- 1980 (42 U.S.C. 9604(i)(4)), and on receipt of a re- in consultation with, as appropriate, the lead quires each coal combustion residuals unit lo- quest of an appropriate State or local health of- exposure registry as established in subsection cated in the State to achieve compliance with— ficial of an eligible State, the Director of the (b); and ‘‘(i) the applicable criteria for coal combustion Agency for Toxic Substances and Disease Reg- (E) undertake any other review or activities residuals units under part 257 of title 40, Code of istry of the National Center for Environmental that the Secretary determines to be appropriate. Federal Regulations (or successor regulations Health shall provide consultations regarding (6) REPORT.—Annually for 5 years and there- promulgated pursuant to sections 1008(a)(3) and health issues described in paragraph (1). after as determined necessary by the Secretary 4004(a)); or (f) NO EFFECT ON OTHER PROJECTS.—This sec- or as required by Congress, the Committee shall ‘‘(ii) such other State criteria that the Admin- tion shall not affect the application of any pro- submit to the Secretary, the Committees on Fi- istrator, after consultation with the State, deter- vision of the Water Infrastructure Finance and nance, Health, Education, Labor, and Pensions, mines to be at least as protective as the criteria Innovation Act of 2014 (33 U.S.C. 3901 et seq.) or and Agriculture, Nutrition, and Forestry of the described in clause (i). the Safe Drinking Water Act (42 U.S.C. 300f et Senate and the Committees on Education and ‘‘(C) PERMIT REQUIREMENTS.—The Adminis- seq.) to any project that does not receive assist- the Workforce, Energy and Commerce, and Agri- trator shall approve under subparagraph (B)(ii) ance pursuant to this subtitle. culture of the House of Representatives a report a State permit program or other system of prior SEC. 2202. SENSE OF CONGRESS. that includes— approval and conditions that allows a State to It is the sense of Congress that secured loans (A) an evaluation of the effectiveness of the include technical standards for individual per- under the Water Infrastructure Finance and In- Federal programs and services available to indi- mits or conditions of approval that differ from novation Act of 2014 (33 U.S.C. 3901 et seq.) viduals and communities exposed to lead; the criteria under part 257 of title 40, Code of shall be— (B) an evaluation of additional lead poisoning Federal Regulations (or successor regulations (1) initially appropriated at $20,000,000; and research needs; promulgated pursuant to sections 1008(a)(3) and (2) used for eligible projects, including those (C) an assessment of any effective screening 4004(a)) if, based on site-specific conditions, the to address lead and other contaminants in methods or best practices used or developed to Administrator determines that the technical drinking water systems. prevent or screen for lead poisoning; standards established pursuant to a State permit SEC. 2203. REGISTRY FOR LEAD EXPOSURE AND (D) input and recommendations for improved program or other system are at least as protec- ADVISORY COMMITTEE. access to effective services relating to health tive as the criteria under that part. (a) DEFINITIONS.—In this section: ‘‘(D) PROGRAM REVIEW AND NOTIFICATION.— care, education, or nutrition for individuals and (1) CITY.—The term ‘‘City’’ means a city ex- ‘‘(i) PROGRAM REVIEW.—The Administrator communities impacted by lead exposure; and posed to lead contamination in the local drink- shall review a State permit program or other (E) any other recommendations for commu- ing water system. system of prior approval and conditions that is nities affected by lead exposure, as appropriate. (2) COMMITTEE.—The term ‘‘Committee’’ approved under subparagraph (B)— UTHORIZATION OF APPROPRIATIONS.— means the Advisory Committee established (d) A ‘‘(I) from time to time, as the Administrator There are authorized to be appropriated for the under subsection (c). determines necessary, but not less frequently period of fiscal years 2017 through 2021— (3) SECRETARY.—The term ‘‘Secretary’’ means than once every 12 years; the Secretary of Health and Human Services. (1) $17,500,000 to carry out subsection (b); and ‘‘(II) not later than 3 years after the date on (b) LEAD EXPOSURE REGISTRY.—The Secretary (2) $2,500,000 to carry out subsection (c). which the Administrator revises the applicable shall establish within the Agency for Toxic Sub- SEC. 2204. OTHER LEAD PROGRAMS. criteria for coal combustion residuals units stances and Disease Registry or the Centers for (a) CHILDHOOD LEAD POISONING PREVENTION under part 257 of title 40, Code of Federal Regu- Disease Control and Prevention at the discretion PROGRAM.—In addition to amounts made avail- lations (or successor regulations promulgated of the Secretary, or establish through a grant able through the Prevention and Public Health pursuant to sections 1008(a)(3) and 4004(a)); award or contract, a lead exposure registry to Fund established under section 4002 of Public ‘‘(III) not later than 1 year after the date of collect data on the lead exposure of residents of Law 111–148 (42 U.S.C. 300u-11) to carry out sec- a significant release (as defined by the Adminis- a City on a voluntary basis. tion 317A of the Public Health Service Act (42 trator), that was not authorized at the time the (c) ADVISORY COMMITTEE.— U.S.C. 247b-1), there are authorized to be appro- release occurred, from a coal combustion residu- (1) MEMBERSHIP.— priated for the period of fiscal years 2017 and als unit located in the State; and (A) IN GENERAL.—The Secretary shall estab- 2018, $15,000,000 for carrying out such section ‘‘(IV) on request of any other State that as- lish, within the Agency for Toxic Substances 317A. serts that the soil, groundwater, or surface

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00041 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7442 CONGRESSIONAL RECORD — HOUSE December 8, 2016 water of the State is or is likely to be adversely under part 257 of title 40, Code of Federal Regu- ‘‘(A) the requirements of a permit issued by— affected by a release or potential release from a lations (or successor regulations promulgated ‘‘(i) the State in accordance with a program or coal combustion residuals unit located in the pursuant to sections 1008(a)(3) and 4004(a)), system approved under paragraph (1)(B); or State for which the program or other system was shall apply to each coal combustion residuals ‘‘(ii) the Administrator pursuant to paragraph approved. unit in a State unless— (2)(B) or paragraph (5); or ‘‘(ii) NOTIFICATION AND OPPORTUNITY FOR A ‘‘(A) a permit under a State permit program or ‘‘(B) the applicable criteria for coal combus- PUBLIC HEARING.—The Administrator shall pro- other system of prior approval and conditions tion residuals units under part 257 of title 40, vide to a State notice of deficiencies with respect approved by the Administrator under paragraph Code of Federal Regulations (or successor regu- to the permit program or other system of prior (1)(B) is in effect for the coal combustion residu- lations promulgated pursuant to sections approval and conditions of the State that is ap- als unit; or 1008(a)(3) and 4004(a)). proved under subparagraph (B), and an oppor- ‘‘(B) a permit issued by the Administrator in ‘‘(7) EFFECT OF SUBSECTION.—Nothing in this tunity for a public hearing, if the Administrator a State in which the Administrator is imple- subsection affects any authority, regulatory de- determines that— menting a permit program under paragraph termination, other law, or legal obligation in ef- ‘‘(I) a revision or correction to the permit pro- (2)(B) is in effect for the coal combustion residu- fect on the day before the date of enactment of gram or other system of prior approval and con- als unit. the Water and Waste Act of 2016.’’. ditions of the State is necessary to ensure that ‘‘(4) PROHIBITION ON OPEN DUMPING.— TITLE III—NATURAL RESOURCES the permit program or other system of prior ap- ‘‘(A) IN GENERAL.—The Administrator may use Subtitle A—Indian Dam Safety proval and conditions continues to ensure that the authority provided by sections 3007 and 3008 each coal combustion residuals unit located in to enforce the prohibition on open dumping SEC. 3101. INDIAN DAM SAFETY. the State achieves compliance with the criteria under subsection (a) with respect to a coal com- (a) DEFINITIONS.—In this section: (1) DAM.— described in clauses (i) and (ii) of subparagraph bustion residuals unit— (A) IN GENERAL.—The term ‘‘dam’’ has the (B); ‘‘(i) in a nonparticipating State (as defined in meaning given the term in section 2 of the Na- ‘‘(II) the State has not implemented an ade- paragraph (2)); and tional Dam Safety Program Act (33 U.S.C. 467). quate permit program or other system of prior ‘‘(ii) located in a State that is approved to op- (B) INCLUSIONS.—The term ‘‘dam’’ includes approval and conditions that requires each coal erate a permit program or other system of prior any structure, facility, equipment, or vehicle combustion residuals unit located in the State to approval and conditions under paragraph used in connection with the operation of a dam. achieve compliance with the criteria described in (1)(B), in accordance with subparagraph (B) of (2) FUND.—The term ‘‘Fund’’ means, as appli- subparagraph (B); or this paragraph. cable— ‘‘(III) the State has, at any time, approved or ‘‘(B) FEDERAL ENFORCEMENT IN AN APPROVED (A) the High-Hazard Indian Dam Safety De- failed to revoke a permit for a coal combustion STATE.— ferred Maintenance Fund established by sub- residuals unit, a release from which adversely ‘‘(i) IN GENERAL.—In the case of a coal com- section (b)(1)(A); or affects or is likely to adversely affect the soil, bustion residuals unit located in a State that is (B) the Low-Hazard Indian Dam Safety De- groundwater, or surface water of another State. approved to operate a permit program or other ferred Maintenance Fund established by sub- ‘‘(E) WITHDRAWAL.— system of prior approval and conditions under ‘‘(i) IN GENERAL.—The Administrator shall section (b)(2)(A). paragraph (1)(B), the Administrator may com- withdraw approval of a State permit program or (3) HIGH HAZARD POTENTIAL DAM.—The term mence an administrative or judicial enforcement other system of prior approval and conditions if, ‘‘high hazard potential dam’’ means a dam as- action under section 3008 if— signed to the significant or high hazard poten- after the Administrator provides notice and an ‘‘(I) the State requests that the Administrator tial classification under the guidelines published opportunity for a public hearing to the relevant provide assistance in the performance of an en- by the Federal Emergency Management Agency State under subparagraph (D)(ii), the Adminis- forcement action; or entitled ‘‘Federal Guidelines for Dam Safety: trator determines that the State has not cor- ‘‘(II) after consideration of any other adminis- Hazard Potential Classification System for rected the deficiencies identified by the Adminis- trative or judicial enforcement action involving Dams’’ (FEMA Publication Number 333). trator under subparagraph (D)(ii). the coal combustion residuals unit, the Adminis- ‘‘(ii) REINSTATEMENT OF STATE APPROVAL.— (4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ trator determines that an enforcement action is Any withdrawal of approval under clause (i) has the meaning given the term in section 4 of likely to be necessary to ensure that the coal shall cease to be effective on the date on which the Indian Self-Determination and Education combustion residuals unit is operating in ac- the Administrator makes a determination that Assistance Act (25 U.S.C. 5304). cordance with the criteria established under the the State has corrected the deficiencies identi- (5) LOW HAZARD POTENTIAL DAM.—The term permit program or other system of prior ap- fied by the Administrator under subparagraph ‘‘low hazard potential dam’’ means a dam as- proval and conditions. (D)(ii). signed to the low hazard potential classification ‘‘(ii) NOTIFICATION.—In the case of an en- ‘‘(2) NONPARTICIPATING STATES.— under the guidelines published by the Federal forcement action by the Administrator under ‘‘(A) DEFINITION OF NONPARTICIPATING Emergency Management Agency entitled ‘‘Fed- clause (i)(II), before issuing an order or com- STATE.—In this paragraph, the term ‘nonpartici- eral Guidelines for Dam Safety: Hazard Poten- mencing a civil action, the Administrator shall pating State’ means a State— tial Classification System for Dams’’ (FEMA notify the State in which the coal combustion ‘‘(i) for which the Administrator has not ap- Publication Number 333). residuals unit is located. proved a State permit program or other system (6) SECRETARY.—The term ‘‘Secretary’’ means ‘‘(iii) ANNUAL REPORT TO CONGRESS.— of prior approval and conditions under para- the Secretary of the Interior, acting through the ‘‘(I) IN GENERAL.—Subject to subclause (II), graph (1)(B); Assistant Secretary for Indian Affairs, in con- not later than December 31, 2017, and December ‘‘(ii) the Governor of which has not submitted sultation with the Secretary of the Army. 31 of each year thereafter, the Administrator to the Administrator for approval evidence to (b) INDIAN DAM SAFETY DEFERRED MAINTE- shall submit to the Committee on Environment operate a State permit program or other system NANCE FUNDS.— and Public Works of the Senate and the Com- of prior approval and conditions under para- (1) HIGH-HAZARD FUND.— graph (1)(A); mittee on Energy and Commerce of the House of (A) ESTABLISHMENT.—There is established in ‘‘(iii) the Governor of which provides notice to Representatives a report that describes any en- the Treasury of the United States a fund, to be the Administrator that, not fewer than 90 days forcement action commenced under clause (i), known as the ‘‘High-Hazard Indian Dam Safety after the date on which the Governor provides including a description of the basis for the en- Deferred Maintenance Fund’’, consisting of— the notice to the Administrator, the State will forcement action. (i) such amounts as are deposited in the Fund relinquish an approval under paragraph (1)(B) ‘‘(II) APPLICABILITY.—Subclause (I) shall not under subparagraph (B); and to operate a permit program or other system of apply for any calendar year during which the (ii) any interest earned on investment of prior approval and conditions; or Administrator does not commence an enforce- amounts in the Fund under subparagraph (D). ‘‘(iv) for which the Administrator has with- ment action under clause (i). (B) DEPOSITS TO FUND.— drawn approval for a permit program or other ‘‘(5) INDIAN COUNTRY.—The Administrator (i) IN GENERAL.—For each of fiscal years 2017 system of prior approval and conditions under shall establish and carry out a permit program, through 2023, the Secretary of the Treasury paragraph (1)(E). in accordance with this subsection, for coal shall deposit in the Fund $22,750,000 from the ‘‘(B) IMPLEMENTATION OF PERMIT PROGRAM.— combustion residuals units in Indian country general fund of the Treasury. In the case of a nonparticipating State and sub- (as defined in section 1151 of title 18, United (ii) AVAILABILITY OF AMOUNTS.—Amounts de- ject to the availability of appropriations specifi- States Code) to require each coal combustion re- posited in the Fund under clause (i) shall be cally provided in an appropriations Act to carry siduals unit located in Indian country to used, subject to appropriation, to carry out this out a program in a nonparticipating State, the achieve compliance with the applicable criteria section. Administrator shall implement a permit program established by the Administrator under part 257 (C) EXPENDITURES FROM FUND.— to require each coal combustion residuals unit of title 40, Code of Federal Regulations (or suc- (i) IN GENERAL.—Subject to clause (ii), for located in the nonparticipating State to achieve cessor regulations promulgated pursuant to sec- each of fiscal years 2017 through 2023, the Sec- compliance with applicable criteria established tions 1008(a)(3) and 4004(a)). retary may, to the extent provided in advance in by the Administrator under part 257 of title 40, ‘‘(6) TREATMENT OF COAL COMBUSTION RESIDU- appropriations Acts, expend from the Fund, in Code of Federal Regulations (or successor regu- ALS UNITS.—A coal combustion residuals unit accordance with this section, not more than the lations promulgated pursuant to sections shall be considered to be a sanitary landfill for sum of— 1008(a)(3) and 4004(a)). purposes of this Act, including subsection (a), (I) $22,750,000; and ‘‘(3) APPLICABILITY OF CRITERIA.—The appli- only if the coal combustion residuals unit is op- (II) the amount of interest accrued in the cable criteria for coal combustion residuals units erating in accordance with— Fund.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00042 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7443

(ii) ADDITIONAL EXPENDITURES.—The Sec- (1) PROGRAM ESTABLISHMENT.— ticable, subject to the dam safety policies of the retary may expend more than $22,750,000 for any (A) IN GENERAL.—The Secretary shall estab- Director of the Bureau of Indian Affairs estab- fiscal year referred to in clause (i) if the addi- lish a program to address the deferred mainte- lished to carry out the Indian Dams Safety Act tional amounts are available in the Fund as a nance needs of Indian dams that— of 1994 (25 U.S.C. 3801 et seq.); result of a failure of the Secretary to expend all (i) create flood risks or other risks to public or (ii) facilitate or improve the ability of the Bu- of the amounts available under clause (i) in 1 or employee safety or natural or cultural resources; reau of Indian Affairs to carry out the mission more prior fiscal years. and of the Bureau of Indian Affairs in operating an (D) INVESTMENTS OF AMOUNTS.— (ii) unduly impede the management and effi- Indian dam; and (i) IN GENERAL.—The Secretary of the Treas- ciency of Indian dams. (iii) ensure that the results of government-to- ury shall invest such portion of the Fund as is (B) FUNDING.— government consultation required under para- not, in the judgment of the Secretary, required (i) HIGH-HAZARD FUND.—Consistent with sub- graph (4) be addressed; and to meet current withdrawals. section (b)(1)(B), the Secretary shall use or (B) funding prioritization criteria to serve as (ii) CREDITS TO FUND.—The interest on, and transfer to the Bureau of Indian Affairs not less a methodology for distributing funds under this the proceeds from the sale or redemption of, any than $22,750,000 of amounts in the High-Hazard subsection that take into account— obligations held in the Fund shall be credited Indian Dam Safety Deferred Maintenance (i) the extent to which deferred maintenance to, and form a part of, the Fund. Fund, plus accrued interest, for each of fiscal of Indian dams poses a threat to— (E) TRANSFERS OF AMOUNTS.— years 2017 through 2023 to carry out mainte- (I) public or employee safety or health; (i) IN GENERAL.—The amounts required to be nance, repair, and replacement activities for 1 or (II) natural or cultural resources; or transferred to the Fund under this paragraph more of the Indian dams described in paragraph (III) the ability of the Bureau of Indian Af- shall be transferred at least monthly. (2)(A). fairs to carry out the mission of the Bureau of (ii) ADJUSTMENTS.—Proper adjustment shall (ii) LOW-HAZARD FUND.—Consistent with sub- Indian Affairs in operating an Indian dam; be made in amounts subsequently transferred to section (b)(2)(B), the Secretary shall use or (ii) the extent to which repairing, replacing, the extent prior estimates are in excess of or less transfer to the Bureau of Indian Affairs not less improving, or performing maintenance on an In- than the amounts required to be transferred. than $10,000,000 of amounts in the Low-Hazard dian dam will— (F) TERMINATION.—On September 30, 2023— Indian Dam Safety Deferred Maintenance (I) improve public or employee safety, health, (i) the Fund shall terminate; and Fund, plus accrued interest, for each of fiscal or accessibility; (ii) the unexpended and unobligated balance years 2017 through 2023 to carry out mainte- (II) assist in compliance with codes, stand- of the Fund shall be transferred to the general nance, repair, and replacement activities for 1 or ards, laws, or other requirements; fund of the Treasury. more of the Indian dams described in paragraph (III) address unmet needs; or (2) LOW-HAZARD FUND.— (2)(B). (IV) assist in protecting natural or cultural (A) ESTABLISHMENT.—There is established in (C) COMPLIANCE WITH DAM SAFETY POLICIES.— resources; the Treasury of the United States a fund, to be Maintenance, repair, and replacement activities (iii) the methodology of the rehabilitation pri- known as the ‘‘Low-Hazard Indian Dam Safety for Indian dams under this section shall be car- ority index of the Secretary, as in effect on the Deferred Maintenance Fund’’, consisting of— ried out in accordance with the dam safety poli- date of enactment of this Act; (i) such amounts as are deposited in the Fund cies of the Director of the Bureau of Indian Af- (iv) the potential economic benefits of the ex- under subparagraph (B); and fairs established to carry out the Indian Dams penditures on job creation and general economic (ii) any interest earned on investment of Safety Act of 1994 (25 U.S.C. 3801 et seq.). development in the affected tribal communities; amounts in the Fund under subparagraph (D). (2) ELIGIBLE DAMS.— (v) the ability of an Indian dam to address (B) DEPOSITS TO FUND.— (A) HIGH HAZARD POTENTIAL DAMS.—The dams tribal, regional, and watershed level flood pre- (i) IN GENERAL.—For each of fiscal years 2017 eligible for funding under paragraph (1)(B)(i) vention needs; through 2023, the Secretary of the Treasury are Indian high hazard potential dams in the (vi) the need to comply with the dam safety shall deposit in the Fund $10,000,000 from the United States that— policies of the Director of the Bureau of Indian general fund of the Treasury. (i) are included in the safety of dams program Affairs established to carry out the Indian Dams (ii) AVAILABILITY OF AMOUNTS.—Amounts de- established pursuant to the Indian Dams Safety Safety Act of 1994 (25 U.S.C. 3801 et seq.); posited in the Fund under clause (i) shall be Act of 1994 (25 U.S.C. 3801 et seq.); and (vii) the ability of the water storage capacity used, subject to appropriation, to carry out this (iii)(I)(aa) are owned by the Federal Govern- of an Indian dam to be increased to prevent section. ment, as listed in the Federal inventory required flooding in downstream tribal and nontribal (C) EXPENDITURES FROM FUND.— by Executive Order 13327 (40 U.S.C. 121 note; re- communities; and (i) IN GENERAL.—Subject to clause (ii), for lating to Federal real property asset manage- (viii) such other factors as the Secretary deter- each of fiscal years 2017 through 2023, the Sec- ment); and mines to be appropriate to prioritize the use of retary may, to the extent provided in advance in (bb) are managed by the Bureau of Indian Af- available funds that are, to the fullest extent appropriations Acts, expend from the Fund, in fairs (including dams managed under contracts practicable, consistent with tribal and user rec- accordance with this section, not more than the or compacts pursuant to the Indian Self-Deter- ommendations received pursuant to the con- sum of— mination and Education Assistance Act (25 sultation and input process under paragraph (I) $10,000,000; and U.S.C. 5301 et seq.)); or (4). (II) the amount of interest accrued in the (II) have deferred maintenance documented (4) TRIBAL CONSULTATION AND USER INPUT.— Fund. by the Bureau of Indian Affairs. (A) IN GENERAL.—Except as provided in sub- (ii) ADDITIONAL EXPENDITURES.—The Sec- (B) LOW HAZARD POTENTIAL DAMS.—The dams paragraph (B), before expending funds on an retary may expend more than $10,000,000 for any eligible for funding under paragraph (1)(B)(ii) Indian dam pursuant to paragraph (1) and not fiscal year referred to in clause (i) if the addi- are Indian low hazard potential dams in the later than 60 days after the date of enactment of tional amounts are available in the Fund as a United States that, on the date of enactment of this Act, the Secretary shall— result of a failure of the Secretary to expend all this Act— (i) consult with the Director of the Bureau of of the amounts available under clause (i) in 1 or (i) are covered under the Indian Dams Safety Indian Affairs on the expenditure of funds; more prior fiscal years. Act of 1994 (25 U.S.C. 3801 et seq.); and (ii) ensure that the Director of the Bureau of (D) INVESTMENTS OF AMOUNTS.— (ii)(I)(aa) are owned by the Federal Govern- Indian Affairs advises the Indian tribe that has (i) IN GENERAL.—The Secretary of the Treas- ment, as listed in the Federal inventory required jurisdiction over the land on which a dam eligi- ury shall invest such portion of the Fund as is by Executive Order 13327 (40 U.S.C. 121 note; re- ble to receive funding under paragraph (2) is lo- not, in the judgment of the Secretary, required lating to Federal real property asset manage- cated on the expenditure of funds; and to meet current withdrawals. ment); and (iii) solicit and consider the input, comments, (ii) CREDITS TO FUND.—The interest on, and (bb) are managed by the Bureau of Indian Af- and recommendations of the landowners served the proceeds from the sale or redemption of, any fairs (including dams managed under contracts by the Indian dam. obligations held in the Fund shall be credited or compacts pursuant to the Indian Self-Deter- (B) EMERGENCIES.—If the Secretary deter- to, and form a part of, the Fund. mination and Education Assistance Act (25 mines that an emergency circumstance exists (E) TRANSFERS OF AMOUNTS.— U.S.C. 5301 et seq.)); or with respect to an Indian dam, subparagraph (i) IN GENERAL.—The amounts required to be (II) have deferred maintenance documented (A) shall not apply with respect to that Indian transferred to the Fund under this paragraph by the Bureau of Indian Affairs. dam. shall be transferred at least monthly. (3) REQUIREMENTS AND CONDITIONS.—Not later (5) ALLOCATION AMONG DAMS.— (ii) ADJUSTMENTS.—Proper adjustment shall than 120 days after the date of enactment of this (A) IN GENERAL.—Subject to subparagraph be made in amounts subsequently transferred to Act and as a precondition to amounts being ex- (B), to the maximum extent practicable, the Sec- the extent prior estimates are in excess of or less pended from the Fund to carry out this sub- retary shall ensure that, for each of fiscal years than the amounts required to be transferred. section, the Secretary, in consultation with rep- 2017 through 2023, each Indian dam eligible for (F) TERMINATION.—On September 30, 2023— resentatives of affected Indian tribes, shall de- funding under paragraph (2) that has critical (i) the Fund shall terminate; and velop and submit to Congress— maintenance needs receives part of the funding (ii) the unexpended and unobligated balance (A) programmatic goals to carry out this sub- under paragraph (1) to address critical mainte- of the Fund shall be transferred to the general section that— nance needs. fund of the Treasury. (i) would enable the completion of repairing, (B) PRIORITY.—In allocating amounts under (c) REPAIR, REPLACEMENT, AND MAINTENANCE replacing, improving, or performing mainte- paragraph (1)(B), in addition to considering the OF CERTAIN INDIAN DAMS.— nance on Indian dams as expeditiously as prac- funding priorities described in paragraph (3),

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00043 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7444 CONGRESSIONAL RECORD — HOUSE December 8, 2016

the Secretary shall give priority to Indian dams (F) MEETINGS.—The Committee shall meet at (ii) COMPENSATION.—The Chairperson of the eligible for funding under paragraph (2) that the call of the Chairperson. Committee may fix the compensation of the exec- serve— (G) QUORUM.—A majority of the members of utive director and other personnel without re- (i) more than 1 Indian tribe within an Indian the Committee shall constitute a quorum, but a gard to chapter 51 and subchapter III of chapter reservation; or lesser number of members may hold hearings. 53 of title 5, United States Code, relating to clas- (ii) highly populated Indian communities, as (H) CHAIRPERSON AND VICE CHAIRPERSON.— sification of positions and General Schedule pay determined by the Secretary. The Committee shall select a Chairperson and rates, except that the rate of pay for the execu- (C) CAP ON FUNDING.— Vice Chairperson from among the members. tive director and other personnel may not exceed (i) IN GENERAL.—Subject to clause (ii), in allo- (2) DUTIES OF THE COMMITTEE.— the rate payable for level V of the Executive cating amounts under paragraph (1)(B), the (A) STUDY.—The Committee shall conduct a Schedule under section 5316 of that title. Secretary shall allocate not more than thorough study of all matters relating to the (D) DETAIL OF GOVERNMENT EMPLOYEES.—Any $10,000,000 to any individual dam described in modernization of the Indian Dams Safety Act of Federal Government employee may be detailed paragraph (2) during any consecutive 3-year pe- 1994 (25 U.S.C. 3801 et seq.). to the Committee without reimbursement, and riod. (B) RECOMMENDATIONS.—The Committee shall such detail shall be without interruption or loss (ii) EXCEPTION.—Notwithstanding the cap de- develop recommendations for legislation to im- of civil service status or privilege. scribed in clause (i), if the full amount under prove the Indian Dams Safety Act of 1994 (25 (E) PROCUREMENT OF TEMPORARY AND INTER- paragraph (1)(B) cannot be fully allocated to el- U.S.C. 3801 et seq.). MITTENT SERVICES.—The Chairperson of the igible Indian dams because the costs of the re- (C) REPORT.—Not later than 1 year after the Committee may procure temporary and intermit- maining activities authorized in paragraph date on which the Committee holds the first tent services under section 3109(b) of title 5, (1)(B) of an Indian dam would exceed the cap meeting, the Committee shall submit a report United States Code, at rates for individuals that described in clause (i), the Secretary may allo- containing a detailed statement of the findings do not exceed the daily equivalent of the annual cate the remaining funds to eligible Indian dams and conclusions of the Committee, together with rate of basic pay prescribed for level V of the in accordance with this subsection. recommendations for legislation that the Com- Executive Schedule under section 5316 of that (D) BASIS OF FUNDING.—Any amounts made mittee considers appropriate, to— title. available under this paragraph shall be nonre- (i) the Committee on Indian Affairs of the (5) TERMINATION OF THE COMMITTEE.—The imbursable. Senate; and Committee shall terminate 90 days after the date on which the Committee submits the report (E) APPLICABILITY OF ISDEAA.—The Indian (ii) the Committee on Natural Resources of the Self-Determination and Education Assistance House of Representatives. under paragraph (2)(C). (6) FUNDING.—Of the amounts authorized to Act (25 U.S.C. 5301 et seq.) shall apply to activi- (3) POWERS OF THE COMMITTEE.— be expended from either Fund, $1,000,000 shall ties carried out under this paragraph. (A) HEARINGS.—The Committee may hold such be made available from either Fund during fis- (d) TRIBAL SAFETY OF DAMS COMMITTEE.— hearings, sit and act at such times and places, cal year 2017 to carry out this subsection, to re- (1) ESTABLISHMENT OF COMMITTEE.— take such testimony, and receive such evidence main available until expended. (A) ESTABLISHMENT.—The Secretary of the In- as the Committee considers appropriate to carry (e) INDIAN DAM SURVEYS.— out this paragraph. terior shall establish within the Bureau of In- (1) TRIBAL REPORTS.—The Secretary shall re- (B) INFORMATION FROM FEDERAL AGENCIES.— dian Affairs the Tribal Safety of Dams Com- quest that, not less frequently than once every (i) IN GENERAL.—The Committee may secure mittee (referred to in this paragraph as the 180 days, each Indian tribe submit to the Sec- directly from any Federal department or agency ‘‘Committee’’). retary a report providing an inventory of the such information as the Committee considers (B) MEMBERSHIP.— dams located on the land of the Indian tribe. (i) COMPOSITION.—The Committee shall be necessary to carry out this paragraph. (2) BIA REPORTS.—Not less frequently than composed of 15 members, of whom— (ii) REQUEST.—On request of the Chairperson once each year, the Secretary shall submit to (I) 11 shall be appointed by the Secretary of of the Committee, the head of any Federal de- Congress a report describing the condition of the Interior from among individuals who, to the partment or agency shall furnish information each dam under the partial or total jurisdiction maximum extent practicable, have knowledge described in clause (i) to the Committee. of the Secretary. and expertise in dam safety issues and flood (C) POSTAL SERVICES.—The Committee may (f) FLOOD PLAIN MANAGEMENT PILOT PRO- prevention and mitigation, of whom not less use the United States mails in the same manner GRAM.— than 1 shall be a member of an Indian tribe in and under the same conditions as other depart- (1) ESTABLISHMENT.—The Secretary shall es- each of the Bureau of Indian Affairs regions ments and agencies of the Federal Government. tablish, within the Bureau of Indian Affairs, a of— (D) GIFTS.—The Committee may accept, use, flood plain management pilot program (referred (aa) the Northwest Region; and dispose of gifts or donations of services or to in this subsection as the ‘‘program’’) to pro- (bb) the Pacific Region; property. vide, at the request of an Indian tribe, guidance (cc) the Western Region; (4) COMMITTEE PERSONNEL MATTERS.— to the Indian tribe relating to best practices for (dd) the Navajo Region; (A) COMPENSATION OF MEMBERS.— the mitigation and prevention of floods, includ- (ee) the Southwest Region; (i) NON-FEDERAL MEMBERS.—Each member of ing consultation with the Indian tribe on— (ff) the Rocky Mountain Region; the Committee who is not an officer or employee (A) flood plain mapping; or (gg) the Great Plans Region; and of the Federal Government shall be compensated (B) new construction planning. (hh) the Midwest Region; at a rate equal to the daily equivalent of the an- (2) TERMINATION.—The program shall termi- (II) 2 shall be appointed by the Secretary of nual rate of basic pay prescribed for level IV of nate on the date that is 4 years after the date the Interior from among employees of the Bu- the Executive Schedule under section 5315 of of enactment of this Act. reau of Indian Affairs who have knowledge and title 5, United States Code, for each day (includ- (3) FUNDING.—Of the amounts authorized to expertise in dam safety issues and flood preven- ing travel time) during which the member is en- be expended from either Fund, $250,000 shall be tion and mitigation; gaged in the performance of the duties of the made available from either Fund during each of (III) 1 shall be appointed by the Secretary of Committee. fiscal years 2017, 2018, and 2019 to carry out this the Interior from among employees of the Bu- (ii) FEDERAL MEMBERS.—Each member of the subsection, to remain available until expended. reau of Reclamation who have knowledge and Committee who is an officer or employee of the Subtitle B—Irrigation Rehabilitation and expertise in dam safety issues and flood preven- Federal Government shall serve without com- Renovation for Indian Tribal Governments tion and mitigation; and pensation in addition to that received for serv- and Their Economies (IV) 1 shall be appointed by the Secretary of ices as an officer or employee of the Federal SEC. 3201. DEFINITIONS. the Army from among employees of the Corps of Government. In this subtitle: Engineers who have knowledge and expertise in (B) TRAVEL EXPENSES.—The members of the (1) DEFERRED MAINTENANCE.—The term ‘‘de- dam safety issues and flood prevention and miti- Committee shall be allowed travel expenses, in- ferred maintenance’’ means any maintenance gation. cluding per diem in lieu of subsistence, at rates activity that was delayed to a future date, in (ii) NONVOTING MEMBERS.—The members of authorized for employees of agencies under sub- lieu of being carried out at the time at which the the Committee appointed under subclauses (II) chapter I of chapter 57 of title 5, United States activity was scheduled to be, or otherwise and (III) of clause (i) shall be nonvoting mem- Code, while away from their homes or regular should have been, carried out. bers. places of business in the performance of services (2) FUND.—The term ‘‘Fund’’ means the In- (iii) DATE.—The appointments of the members for the Committee. dian Irrigation Fund established by section of the Committee shall be made as soon as prac- (C) STAFF.— 3211. ticable after the date of enactment of this Act. (i) IN GENERAL.— (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (C) PERIOD OF APPOINTMENT.—Members shall (I) APPOINTMENT.—The Chairperson of the has the meaning given the term in section 4 of be appointed for the life of the Committee. Committee may, without regard to the civil serv- the Indian Self-Determination and Education (D) VACANCIES.—Any vacancy in the Com- ice laws and regulations, appoint and terminate Assistance Act (25 U.S.C. 5304). mittee shall not affect the powers of the Com- an executive director and such other additional (4) SECRETARY.—The term ‘‘Secretary’’ means mittee, but shall be filled in the same manner as personnel as may be necessary to enable the the Secretary of the Interior. the original appointment. Committee to perform the duties of the Com- PART I—INDIAN IRRIGATION FUND (E) INITIAL MEETING.—Not later than 30 days mittee. SEC. 3211. ESTABLISHMENT. after the date on which all members of the Com- (II) CONFIRMATION.—The employment of an There is established in the Treasury of the mittee have been appointed, the Committee shall executive director shall be subject to confirma- United States a fund, to be known as the ‘‘In- hold the first meeting. tion by the Committee. dian Irrigation Fund’’, consisting of—

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00044 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7445 (1) such amounts as are deposited in the Fund (2) assessed as debts or liens against the land tion project eligible to receive funding under under section 3212; and served by the Indian irrigation projects. section 3222 is located; and (2) any interest earned on investment of SEC. 3222. ELIGIBLE PROJECTS. (2) solicit and consider the input, comments, amounts in the Fund under section 3214. The projects eligible for funding under section and recommendations of— SEC. 3212. DEPOSITS TO FUND. 3221(b) are the Indian irrigation projects in the (A) the landowners served by the irrigation (a) IN GENERAL.—For each of fiscal years 2017 western United States that, on the date of en- project; and through 2021, the Secretary of the Treasury actment of this Act— (B) irrigators from adjacent irrigation dis- shall deposit in the Fund $35,000,000 from the (1) are owned by the Federal Government, as tricts. general fund of the Treasury. listed in the Federal inventory required by Exec- (b) STUDY.—Not later than 2 years after the (b) AVAILABILITY OF AMOUNTS.—Amounts de- utive Order 13327 (40 U.S.C. 121 note; relating to date of enactment of this Act, the Secretary, posited in the Fund under subsection (a) shall Federal real property asset management); acting through the Assistant Secretary for In- be used, subject to appropriation, to carry out (2) are managed and operated by the Bureau dian Affairs, shall complete a study that evalu- this subtitle. of Indian Affairs (including projects managed, ates options for improving programmatic and SEC. 3213. EXPENDITURES FROM FUND. operated, or maintained under contracts or com- project management and performance of irriga- tion projects managed and operated in whole or (a) IN GENERAL.—Subject to subsection (b), for pacts pursuant to the Indian Self-Determination each of fiscal years 2017 through 2021, the Sec- and Education Assistance Act (25 U.S.C. 5301 et in part by the Bureau of Indian Affairs. EPORT.—On completion of the study retary may, to the extent provided in advance in seq.); and (c) R under subsection (b), the Secretary, acting appropriations Acts, expend from the Fund, in (3) have deferred maintenance documented by through the Assistant Secretary for Indian Af- accordance with this subtitle, not more than the the Bureau of Indian Affairs. fairs, shall submit to the Committee on Indian sum of— SEC. 3223. REQUIREMENTS AND CONDITIONS. (1) $35,000,000; and Not later than 120 days after the date of en- Affairs of the Senate and the Committee on Nat- (2) the amount of interest accrued in the actment of this Act and as a precondition to ural Resources of the House of Representatives Fund. amounts being expended from the Fund to carry a report that— (1) describes the results of the study; (b) ADDITIONAL EXPENDITURES.—The Sec- out this part, the Secretary, in consultation retary may expend more than $35,000,000 for any with the Assistant Secretary for Indian Affairs (2) determines the cost to financially sustain fiscal year referred to in subsection (a) if the ad- and representatives of affected Indian tribes, each project; ditional amounts are available in the Fund as a shall develop and submit to Congress— (3) recommends whether management of each result of a failure of the Secretary to expend all (1) programmatic goals to carry out this part project could be improved by transferring man- of the amounts available under subsection (a) in that— agement responsibilities to other Federal agen- 1 or more prior fiscal years. (A) would enable the completion of repairing, cies or water user groups; and replacing, modernizing, or performing mainte- (4) includes recommendations for improving SEC. 3214. INVESTMENTS OF AMOUNTS. nance on projects as expeditiously as prac- programmatic and project management and per- (a) IN GENERAL.—The Secretary of the Treas- ticable; formance— ury shall invest such portion of the Fund as is (B) facilitate or improve the ability of the Bu- (A) in each qualifying project area; and not, in the judgment of the Secretary, required reau of Indian Affairs to carry out the mission (B) for the program as a whole. to meet current withdrawals. of the Bureau of Indian Affairs in operating a (d) STATUS REPORT.—Not later than 2 years (b) CREDITS TO FUND.—The interest on, and project; after the date of enactment of this Act, and not the proceeds from the sale or redemption of, any (C) ensure that the results of government-to- less frequently than every 2 years thereafter obligations held in the Fund shall be credited government consultation required under section (until the end of fiscal year 2021), the Secretary, to, and form a part of, the Fund. 3225 be addressed; and acting through the Assistant Secretary for In- SEC. 3215. TRANSFERS OF AMOUNTS. (D) would facilitate the construction of new dian Affairs, shall submit to the Committee on (a) IN GENERAL.—The amounts required to be water storage using non-Federal contributions Indian Affairs of the Senate and the Committee transferred to the Fund under this part shall be to address tribal, regional, and watershed-level on Natural Resources of the House of Represent- transferred at least monthly from the general supply needs; and atives a report that includes a description of— fund of the Treasury to the Fund on the basis (2) funding prioritization criteria to serve as a (1) the progress made toward addressing the of estimates made by the Secretary of the Treas- methodology for distributing funds under this deferred maintenance needs of the Indian irri- ury. part, that take into account— gation projects described in section 3222, includ- (b) ADJUSTMENTS.—Proper adjustment shall be (A) the extent to which deferred maintenance ing a list of projects funded during the fiscal pe- made in amounts subsequently transferred to of qualifying irrigation projects poses a threat riod covered by the report; the extent prior estimates are in excess of or less to public or employee safety or health; (2) the outstanding needs of those projects than the amounts required to be transferred. (B) the extent to which deferred maintenance that have been provided funding to address the SEC. 3216. TERMINATION. poses a threat to natural or cultural resources; deferred maintenance needs pursuant to this On September 30, 2021— (C) the extent to which deferred maintenance part; (1) the Fund shall terminate; and poses a threat to the ability of the Bureau of In- (3) the remaining needs of any of those (2) the unexpended and unobligated balance dian Affairs to carry out the mission of the Bu- projects; of the Fund shall be transferred to the general reau of Indian Affairs in operating the project; (4) how the goals established pursuant to sec- fund of the Treasury. (D) the extent to which repairing, replacing, tion 3223 have been met, including— modernizing, or performing maintenance on a PART II—REPAIR, REPLACEMENT, AND (A) an identification and assessment of any facility or structure will— deficiencies or shortfalls in meeting those goals; MAINTENANCE OF CERTAIN INDIAN IR- (i) improve public or employee safety, health, RIGATION PROJECTS and or accessibility; (B) a plan to address the deficiencies or short- SEC. 3221. REPAIR, REPLACEMENT, AND MAINTE- (ii) assist in compliance with codes, standards, falls in meeting those goals; and NANCE OF CERTAIN INDIAN IRRIGA- laws, or other requirements; TION PROJECTS. (5) any other subject matters the Secretary, to (iii) address unmet needs; and the maximum extent practicable consistent with (a) IN GENERAL.—The Secretary shall estab- (iv) assist in protecting natural or cultural re- lish a program to address the deferred mainte- tribal and user recommendations received pursu- sources; ant to the consultation and input process under nance needs and water storage needs of Indian (E) the methodology of the rehabilitation pri- section 3225, determines to be appropriate. irrigation projects that— ority index of the Secretary, as in effect on the (1) create risks to public or employee safety or date of enactment of this Act; SEC. 3225. TRIBAL CONSULTATION AND USER natural or cultural resources; and (F) the potential economic benefits of the ex- INPUT. (2) unduly impede the management and effi- penditures on job creation and general economic Before expending funds on an Indian irriga- ciency of the Indian irrigation program. development in the affected tribal communities; tion project pursuant to section 3221 and not (b) FUNDING.—Consistent with section 3213, (G) the ability of the qualifying project to ad- later than 120 days after the date of enactment the Secretary shall use or transfer to the Bureau dress tribal, regional, and watershed level water of this Act, the Secretary shall— of Indian Affairs not less than $35,000,000 of supply needs; and (1) consult with the Indian tribe that has ju- amounts in the Fund, plus accrued interest, for (H) such other factors as the Secretary deter- risdiction over the land on which an irrigation each of fiscal years 2017 through 2021 to carry mines to be appropriate to prioritize the use of project eligible to receive funding under section out maintenance, repair, and replacement ac- available funds that are, to the fullest extent 3222 is located; and tivities for 1 or more of the Indian irrigation practicable, consistent with tribal and user rec- (2) solicit and consider the input, comments, projects described in section 3222 (including any ommendations received pursuant to the con- and recommendations of— structures, facilities, equipment, personnel, or sultation and input process under section 3225. (A) the landowners served by the irrigation vehicles used in connection with the operation SEC. 3224. STUDY OF INDIAN IRRIGATION PRO- project; and of those projects), subject to the condition that GRAM AND PROJECT MANAGEMENT. (B) irrigators from adjacent irrigation dis- the funds expended under this part shall not (a) TRIBAL CONSULTATION AND USER INPUT.— tricts. be— Before beginning to conduct the study required SEC. 3226. ALLOCATION AMONG PROJECTS. (1) subject to reimbursement by the owners of under subsection (b), the Secretary shall— (a) IN GENERAL.—Subject to subsection (b), to the land served by the Indian irrigation (1) consult with the Indian tribes that have the maximum extent practicable, the Secretary projects; or jurisdiction over the land on which an irriga- shall ensure that, for each of fiscal years 2017

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00045 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7446 CONGRESSIONAL RECORD — HOUSE December 8, 2016 through 2021, each Indian irrigation project eli- claims for injuries to water rights in the Santa Agreement’’ means the ‘‘Extension of Service gible for funding under section 3222 that has Margarita River Watershed for— Area Agreement’’, among the Band, EMWD, critical maintenance needs receives part of the (A) the Band; and and MWD, for the provision of water service by funding under section 3221 to address critical (B) the United States, acting in its capacity as EMWD to a designated portion of the Reserva- maintenance needs. trustee for the Band and Allottees; tion using water supplied by MWD. (b) PRIORITY.—In allocating amounts under (2) to achieve a fair, equitable, and final set- (13) FALLBROOK DECREE.— section 3221(b), in addition to considering the tlement of certain claims by the Band and (A) IN GENERAL.—The term ‘‘Fallbrook De- funding priorities described in section 3223, the Allottees against the United States; cree’’ means the ‘‘Modified Final Judgment And Secretary shall give priority to eligible Indian ir- (3) to authorize, ratify, and confirm the Decree’’, entered in the Adjudication Proceeding rigation projects serving more than 1 Indian Pechanga Settlement Agreement to be entered on April 6, 1966. tribe within an Indian reservation and to into by the Band, RCWD, and the United (B) INCLUSIONS.—The term ‘‘Fallbrook De- projects for which funding has not been made States; cree’’ includes all court orders, interlocutory available during the 10-year period ending on (4) to authorize and direct the Secretary— judgments, and decisions supplemental to the the day before the date of enactment of this Act (A) to execute the Pechanga Settlement Agree- ‘‘Modified Final Judgment And Decree’’, includ- under any other Act of Congress that expressly ment; and ing Interlocutory Judgment No. 30, Interlocu- identifies the Indian irrigation project or the In- (B) to take any other action necessary to tory Judgment No. 35, and Interlocutory Judg- dian reservation of the project to address the de- carry out the Pechanga Settlement Agreement in ment No. 41. ferred maintenance, repair, or replacement accordance with this subtitle; and (14) FUND.—The term ‘‘Fund’’ means the needs of the Indian irrigation project. (5) to authorize the appropriation of amounts Pechanga Settlement Fund established by sec- (c) CAP ON FUNDING.— necessary for the implementation of the tion 3409. (1) IN GENERAL.—Subject to paragraph (2), in Pechanga Settlement Agreement and this sub- (15) INDIAN TRIBE.—The term ‘‘Indian tribe’’ allocating amounts under section 3221(b), the title. has the meaning given the term in section 4 of Secretary shall allocate not more than the Indian Self-Determination and Education SEC. 3403. DEFINITIONS. $15,000,000 to any individual Indian irrigation Assistance Act (25 U.S.C. 5304). In this subtitle: project described in section 3222 during any con- (16) INJURY TO WATER RIGHTS.—The term ‘‘in- (1) ADJUDICATION COURT.—The term ‘‘Adju- secutive 3-year period. jury to water rights’’ means an interference (2) EXCEPTION.—Notwithstanding the cap de- dication Court’’ means the United States Dis- with, diminution of, or deprivation of water scribed in paragraph (1), if the full amount trict Court for the Southern District of Cali- rights under Federal or State law. under section 3221(b) cannot be fully allocated fornia, which exercises continuing jurisdiction (17) INTERIM CAPACITY.—The term ‘‘Interim to eligible Indian irrigation projects because the over the Adjudication Proceeding. Capacity’’ has the meaning set forth in the costs of the remaining activities authorized in (2) ADJUDICATION PROCEEDING.—The term ESAA Capacity Agreement. section 3221(b) of an irrigation project would ex- ‘‘Adjudication Proceeding’’ means litigation ini- (18) INTERIM CAPACITY NOTICE.—The term ‘‘In- ceed the cap described in paragraph (1), the Sec- tiated by the United States regarding relative terim Capacity Notice’’ has the meaning set retary may allocate the remaining funds to eligi- water rights in the Santa Margarita River Wa- forth in the ESAA Capacity Agreement. ble Indian irrigation projects in accordance with tershed in United States v. Fallbrook Public (19) INTERLOCUTORY JUDGMENT NO. 41.—The this part. Utility District et al., Civ. No. 3:51–cv–01247 term ‘‘Interlocutory Judgment No. 41’’ means (d) BASIS OF FUNDING.—Any amounts made (S.D.C.A.), including any litigation initiated to Interlocutory Judgment No. 41 issued in the Ad- available under this section shall be nonreim- interpret or enforce the relative water rights in judication Proceeding on November 8, 1962, in- bursable. the Santa Margarita River Watershed pursuant cluding all court orders, judgments, and deci- (e) APPLICABILITY OF ISDEAA.—The Indian to the continuing jurisdiction of the Adjudica- sions supplemental to that interlocutory judg- Self-Determination and Education Assistance tion Court over the Fallbrook Decree. ment. Act (25 U.S.C. 5301 et seq.) shall apply to activi- (3) ALLOTTEE.—The term ‘‘Allottee’’ means an (20) MWD.—The term ‘‘MWD’’ means the ties carried out under this section. individual who holds a beneficial real property Metropolitan Water District of Southern Cali- Subtitle C—Weber Basin Prepayments interest in an Indian allotment that is— fornia, a metropolitan water district organized (A) located within the Reservation; and and incorporated under the Metropolitan Water SEC. 3301. PREPAYMENT OF CERTAIN REPAYMENT OBLIGATIONS UNDER CONTRACTS (B) held in trust by the United States. District Act of the State of California (Stats. BETWEEN THE UNITED STATES AND (4) BAND.—The term ‘‘Band’’ means Pechanga 1969, Chapter 209, as amended). THE WEBER BASIN WATER CONSER- Band of Luisen˜ o Mission Indians, a federally (21) MWD CONNECTION FEE.—The term ‘‘MWD VANCY DISTRICT. recognized sovereign Indian tribe that functions Connection Fee’’ has the meaning set forth in The Secretary of the Interior shall allow for as a custom and tradition Indian tribe, acting the Extension of Service Area Agreement. prepayment of repayment obligations under Re- on behalf of itself and its members, but not act- (22) PECHANGA ESAA DELIVERY CAPACITY AC- payment Contract No. 14–06–400–33 between the ing on behalf of members in their capacities as COUNT.—The term ‘‘Pechanga ESAA Delivery United States and the Weber Basin Water Con- Allottees. Capacity account’’ means the account estab- servancy District, dated December 12, 1952, and (5) CLAIMS.—The term ‘‘claims’’ means rights, lished by section 3409(c)(2). supplemented and amended on June 30, 1961, on claims, demands, actions, compensation, or (23) PECHANGA RECYCLED WATER INFRASTRUC- April 15, 1966, on September 20, 1968, and on causes of action, whether known or unknown. TURE ACCOUNT.—The term ‘‘Pechanga Recycled May 9, 1985, including future amendments and (6) EMWD.—The term ‘‘EMWD’’ means East- Water Infrastructure account’’ means the ac- all related applicable contracts thereto, pro- ern Municipal Water District, a municipal water count established by section 3409(c)(1). viding for repayment of Weber Basin Project district organized and existing in accordance (24) PECHANGA SETTLEMENT AGREEMENT.—The construction costs allocated to irrigation and with the Municipal Water District Law of 1911, term ‘‘Pechanga Settlement Agreement’’ means municipal and industrial purposes for which re- Division 20 of the Water Code of the State of the Pechanga Settlement Agreement, dated April payment is provided pursuant to such contracts California, as amended. 8, 2016, together with the exhibits to that agree- under terms and conditions similar to those used (7) EMWD CONNECTION FEE.—The term ment, entered into by the Band, the United in implementing the prepayment provisions in ‘‘EMWD Connection Fee’’ has the meaning set States on behalf of the Band, its members and section 210 of the Central Utah Project Comple- forth in the Extension of Service Area Agree- Allottees, MWD, EMWD, and RCWD, includ- tion Act (Public Law 102–575), as amended, for ment. ing— prepayment of Central Utah Project, Bonneville (8) ENFORCEABILITY DATE.—The term ‘‘en- (A) the Extension of Service Area Agreement; (B) the ESAA Capacity Agreement; and Unit repayment obligations. The prepayment— forceability date’’ means the date on which the (C) the ESAA Water Delivery Agreement. (1) shall result in the United States recovering Secretary publishes in the Federal Register the (25) PECHANGA WATER CODE.—The term the net present value of all repayment streams statement of findings described in section ‘‘Pechanga Water Code’’ means a water code to that would have been payable to the United 3407(e). be adopted by the Band in accordance with sec- States if this Act was not in effect; (9) ESAA CAPACITY AGREEMENT.—The term tion 3405(f). (2) may be provided in several installments; ‘‘ESAA Capacity Agreement’’ means the ‘‘ESAA (3) may not be adjusted on the basis of the (26) PECHANGA WATER FUND ACCOUNT.—The Capacity Agreement’’, among the Band, RCWD, term ‘‘Pechanga Water Fund account’’ means type of prepayment financing used by the Dis- and the United States. trict; and the account established by section 3409(c)(3). (10) ESAA WATER.—The term ‘‘ESAA Water’’ (27) PECHANGA WATER QUALITY ACCOUNT.— (4) shall be made such that total repayment is means imported potable water that the Band re- made not later than September 30, 2026. The term ‘‘Pechanga Water Quality account’’ ceives from EMWD and MWD pursuant to the means the account established by section Subtitle D—Pechanga Water Rights Extension of Service Area Agreement and deliv- 3409(c)(4). Settlement ered by RCWD pursuant to the ESAA Water De- (28) PERMANENT CAPACITY.—The term ‘‘Per- SEC. 3401. SHORT TITLE. livery Agreement. manent Capacity’’ has the meaning set forth in This subtitle may be cited as the ‘‘Pechanga (11) ESAA WATER DELIVERY AGREEMENT.—The the ESAA Capacity Agreement. Band of Luisen˜ o Mission Indians Water Rights term ‘‘ESAA Water Delivery Agreement’’ means (29) PERMANENT CAPACITY NOTICE.—The term Settlement Act’’. the agreement among EMWD, RCWD, and the ‘‘Permanent Capacity Notice’’ has the meaning SEC. 3402. PURPOSES. Band, establishing the terms and conditions of set forth in the ESAA Capacity Agreement. The purposes of this subtitle are— water service to the Band. (30) RCWD.— (1) to achieve a fair, equitable, and final set- (12) EXTENSION OF SERVICE AREA AGREE- (A) IN GENERAL.—The term ‘‘RCWD’’ means tlement of claims to water rights and certain MENT.—The term ‘‘Extension of Service Area the Rancho California Water District organized

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00046 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7447

pursuant to section 34000 et seq. of the Cali- (C) all other applicable Federal environmental (e) AUTHORITY OF BAND.— fornia Water Code. laws; and (1) IN GENERAL.—Except as provided in para- (B) INCLUSIONS.—The term ‘‘RCWD’’ includes (D) all regulations promulgated under the graph (2), the Band shall have authority to use, all real property owners for whom RCWD acts laws described in subparagraphs (A) through allocate, distribute, and lease the Tribal Water as an agent pursuant to an agency agreement. (C). Right on the Reservation in accordance with— (31) RECYCLED WATER INFRASTRUCTURE AGREE- (2) EXECUTION OF THE PECHANGA SETTLEMENT (A) the Pechanga Settlement Agreement; and MENT.—The term ‘‘Recycled Water Infrastruc- AGREEMENT.— (B) applicable Federal law. ture Agreement’’ means the ‘‘Recycled Water In- (A) IN GENERAL.—Execution of the Pechanga (2) LEASES BY ALLOTTEES.— frastructure Agreement’’ among the Band, Settlement Agreement by the Secretary under (A) IN GENERAL.—An Allottee may lease any RCWD, and the United States. this section shall not constitute a major Federal interest in land held by the Allottee, together (32) RECYCLED WATER TRANSFER AGREE- action under the National Environmental Policy with any water right determined to be appur- MENT.—The term ‘‘Recycled Water Transfer Act of 1969 (42 U.S.C. 4321 et seq.). tenant to that interest in land. Agreement’’ means the ‘‘Recycled Water Trans- (B) COMPLIANCE.—The Secretary is directed to (B) WATER RIGHT APPURTENANT.—Any water fer Agreement’’ between the Band and RCWD. carry out all Federal compliance necessary to right determined to be appurtenant to an inter- (33) RESERVATION.— implement the Pechanga Settlement Agreement. est in land leased by an Allottee shall be used (A) IN GENERAL.—The term ‘‘Reservation’’ (3) LEAD AGENCY.—The Bureau of Reclama- on such land on the Reservation. means the land depicted on the map attached to tion shall be designated as the lead agency with (f) PECHANGA WATER CODE.— the Pechanga Settlement Agreement as Exhibit respect to environmental compliance. (1) IN GENERAL.—Not later than 18 months I. SEC. 3405. TRIBAL WATER RIGHT. after the enforceability date, the Band shall (B) APPLICABILITY OF TERM.—The term ‘‘Res- (a) INTENT OF CONGRESS.—It is the intent of enact a Pechanga Water Code, that provides ervation’’ shall be used solely for the purposes Congress to provide to each Allottee benefits for— of the Pechanga Settlement Agreement, this sub- that are equal to or exceed the benefits Allottees (A) the management, regulation, and govern- title, and any judgment or decree issued by the possess as of the date of enactment of this Act, ance of all uses of the Tribal Water Right in ac- Adjudication Court approving the Pechanga taking into consideration— cordance with the Pechanga Settlement Agree- Settlement Agreement. (1) the potential risks, cost, and time delay as- ment; and (34) SANTA MARGARITA RIVER WATERSHED.— sociated with litigation that would be resolved (B) establishment by the Band of conditions, The term ‘‘Santa Margarita River Watershed’’ by the Pechanga Settlement Agreement and this permit requirements, and other limitations relat- means the watershed that is the subject of the subtitle; ing to the storage, recovery, and use of the Trib- Adjudication Proceeding and the Fallbrook De- (2) the availability of funding under this sub- al Water Right in accordance with the cree. title; Pechanga Settlement Agreement. (35) SECRETARY.—The term ‘‘Secretary’’ means (3) the availability of water from the Tribal (2) INCLUSIONS.—Subject to the approval of the Secretary of the Interior. Water Right and other water sources as set the Secretary, the Pechanga Water Code shall (36) STATE.—The term ‘‘State’’ means the forth in the Pechanga Settlement Agreement; provide— State of California. and (A) that allocations of water to Allottees shall (37) STORAGE POND.—The term ‘‘Storage (4) the applicability of section 7 of the Act of be satisfied with water from the Tribal Water Pond’’ has the meaning set forth in the Recy- February 8, 1887 (25 U.S.C. 381), and this sub- Right; cled Water Infrastructure Agreement. title to protect the interests of Allottees. (B) that charges for delivery of water for irri- (38) TRIBAL WATER RIGHT.—The term ‘‘Tribal (b) CONFIRMATION OF TRIBAL WATER RIGHT.— gation purposes for Allottees shall be assessed (1) IN GENERAL.—A Tribal Water Right of up Water Right’’ means the water rights ratified, on a just and equitable basis; to 4,994 acre-feet of water per year that, under confirmed, and declared to be valid for the ben- (C) a process by which an Allottee may re- natural conditions, is physically available on efit of the Band and Allottees, as set forth and quest that the Band provide water for irrigation the Reservation is confirmed in accordance with described in section 3405. or domestic purposes in accordance with this the Findings of Fact and Conclusions of Law subtitle; SEC. 3404. APPROVAL OF THE PECHANGA SETTLE- set forth in Interlocutory Judgment No. 41, as MENT AGREEMENT. (D) a due process system for the consideration affirmed by the Fallbrook Decree. (a) RATIFICATION OF PECHANGA SETTLEMENT and determination by the Band of any request (2) USE.—Subject to the terms of the Pechanga GREEMENT.— by an Allottee (or any successor in interest to an A Settlement Agreement, this subtitle, the (1) IN GENERAL.—Except as modified by this Allottee) for an allocation of such water for irri- Fallbrook Decree, and applicable Federal law, subtitle, and to the extent that the Pechanga gation or domestic purposes on allotted land, in- the Band may use the Tribal Water Right for Settlement Agreement does not conflict with this cluding a process for— any purpose on the Reservation. subtitle, the Pechanga Settlement Agreement is (i) appeal and adjudication of any denied or (c) HOLDING IN TRUST.—The Tribal Water disputed distribution of water; and authorized, ratified, and confirmed. Right, as set forth in subsection (b), shall— (ii) resolution of any contested administrative (2) AMENDMENTS.—Any amendment to the (1) be held in trust by the United States on be- decision; and Pechanga Settlement Agreement is authorized, half of the Band and the Allottees in accord- (E) a requirement that any Allottee with a ratified, and confirmed, to the extent that the ance with this section; amendment is executed to make the Pechanga (2) include the priority dates described in In- claim relating to the enforcement of rights of the Settlement Agreement consistent with this sub- terlocutory Judgment No. 41, as affirmed by the Allottee under the Pechanga Water Code or re- title. Fallbrook Decree; and lating to the amount of water allocated to land (b) EXECUTION OF PECHANGA SETTLEMENT (3) not be subject to forfeiture or abandon- of the Allottee must first exhaust remedies avail- AGREEMENT.— ment. able to the Allottee under tribal law and the (1) IN GENERAL.—To the extent that the (d) ALLOTTEES.— Pechanga Water Code before initiating an ac- Pechanga Settlement Agreement does not con- (1) APPLICABILITY OF ACT OF FEBRUARY 8, tion against the United States or petitioning the flict with this subtitle, the Secretary is directed 1887.—The provisions of section 7 of the Act of Secretary pursuant to subsection (d)(4). to and promptly shall execute— February 8, 1887 (25 U.S.C. 381), relating to the (3) ACTION BY SECRETARY.— (A) the Pechanga Settlement Agreement (in- use of water for irrigation purposes shall apply (A) IN GENERAL.—The Secretary shall admin- cluding any exhibit to the Pechanga Settlement to the Tribal Water Right. ister the Tribal Water Right until the Pechanga Agreement requiring the signature of the Sec- (2) ENTITLEMENT TO WATER.—Any entitlement Water Code is enacted and approved under this retary); and to water of an Allottee under Federal law shall section. (B) any amendment to the Pechanga Settle- be satisfied from the Tribal Water Right. (B) APPROVAL.—Any provision of the ment Agreement necessary to make the (3) ALLOCATIONS.—Allotted land located with- Pechanga Water Code and any amendment to Pechanga Settlement Agreement consistent with in the exterior boundaries of the Reservation the Pechanga Water Code that affects the rights this subtitle. shall be entitled to a just and equitable alloca- of Allottees— (2) MODIFICATIONS.—Nothing in this subtitle tion of water for irrigation and domestic pur- (i) shall be subject to the approval of the Sec- precludes the Secretary from approving modi- poses from the Tribal Water Right. retary; and fications to exhibits to the Pechanga Settlement (4) EXHAUSTION OF REMEDIES.—Before assert- (ii) shall not be valid until approved by the Agreement not inconsistent with this subtitle, to ing any claim against the United States under Secretary. the extent those modifications do not otherwise section 7 of the Act of February 8, 1887 (25 (C) APPROVAL PERIOD.—The Secretary shall require congressional approval pursuant to sec- U.S.C. 381), or any other applicable law, an Al- approve or disapprove the Pechanga Water tion 2116 of the Revised Statutes (25 U.S.C. 177) lottee shall exhaust remedies available under Code within a reasonable period of time after or other applicable Federal law. the Pechanga Water Code or other applicable the date on which the Band submits the (c) ENVIRONMENTAL COMPLIANCE.— tribal law. Pechanga Water Code to the Secretary for ap- (1) IN GENERAL.—In implementing the (5) CLAIMS.—Following exhaustion of remedies proval. Pechanga Settlement Agreement, the Secretary available under the Pechanga Water Code or (g) EFFECT.—Except as otherwise specifically shall promptly comply with all applicable re- other applicable tribal law, an Allottee may seek provided in this section, nothing in this sub- quirements of— relief under section 7 of the Act of February 8, title— (A) the National Environmental Policy Act of 1887 (25 U.S.C. 381), or other applicable law. (1) authorizes any action by an Allottee 1969 (42 U.S.C. 4321 et seq.); (6) AUTHORITY.—The Secretary shall have the against any individual or entity, or against the (B) the Endangered Species Act of 1973 (16 authority to protect the rights of Allottees as Band, under Federal, State, tribal, or local law; U.S.C. 1531 et seq.); specified in this section. or

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00047 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7448 CONGRESSIONAL RECORD — HOUSE December 8, 2016 (2) alters or affects the status of any action sion of underground water in a manner con- (1) affects the ability of the United States, act- pursuant to section 1491(a) of title 28, United sistent with the Pechanga Settlement Agreement ing as a sovereign, to take actions authorized by States Code. or this subtitle; and law, including any laws relating to health, safe- SEC. 3406. SATISFACTION OF CLAIMS. (v) claims arising out of, or relating in any ty, or the environment, including— (a) IN GENERAL.—The benefits provided to the manner to, the negotiation or execution of the (A) the Comprehensive Environmental Re- Band under the Pechanga Settlement Agreement Pechanga Settlement Agreement or the negotia- sponse, Compensation, and Liability Act of 1980 and this subtitle shall be in complete replace- tion or execution of this subtitle. (42 U.S.C. 9601 et seq.); (2) CLAIMS BY THE UNITED STATES ACTING IN ment of, complete substitution for, and full sat- (B) the Safe Drinking Water Act (42 U.S.C. ITS CAPACITY AS TRUSTEE FOR ALLOTTEES.—Sub- isfaction of all claims of the Band against the 300f et seq.); ject to the retention of claims set forth in sub- United States that are waived and released pur- (C) the Federal Water Pollution Control Act section (c), in return for recognition of the Trib- suant to section 3407. (33 U.S.C. 1251 et seq.); and al Water Right and other benefits as set forth in (D) any regulations implementing the Acts de- (b) ALLOTTEE CLAIMS.—The benefits realized the Pechanga Settlement Agreement and this scribed in subparagraphs (A) through (C); by the Allottees under this subtitle shall be in subtitle, the United States, acting as trustee for (2) affects the ability of the United States to complete replacement of, complete substitution Allottees, is authorized and directed to execute take actions acting as trustee for any other In- for, and full satisfaction of— a waiver and release of all claims for water dian tribe or an Allottee of any other Indian (1) all claims that are waived and released rights within the Santa Margarita River Water- tribe; pursuant to section 3407; and shed that the United States, acting as trustee (3) confers jurisdiction on any State court— (2) any claims of the Allottees against the for the Allottees, asserted or could have asserted (A) to interpret Federal law regarding health, United States that the Allottees have or could in any proceeding, including the Adjudication safety, or the environment; have asserted that are similar in nature to any Proceeding, except to the extent such rights are (B) to determine the duties of the United claim described in section 3407. recognized in the Pechanga Settlement Agree- States or other parties pursuant to Federal law (c) NO RECOGNITION OF WATER RIGHTS.—Ex- ment and this subtitle. regarding health, safety, or the environment; or cept as provided in section 3405(d), nothing in (3) CLAIMS BY THE BAND AGAINST THE UNITED (C) to conduct judicial review of Federal this subtitle recognizes or establishes any right STATES.—Subject to the retention of rights set agency action; of a member of the Band or an Allottee to water forth in subsection (c), the Band, is authorized (4) waives any claim of a member of the Band within the Reservation. to execute a waiver and release of— in an individual capacity that does not derive (d) CLAIMS RELATING TO DEVELOPMENT OF (A) all claims against the United States (in- from a right of the Band; WATER FOR RESERVATION.— cluding the agencies and employees of the (5) limits any funding that RCWD would oth- (1) IN GENERAL.—The amounts authorized to United States) relating to claims for water rights erwise be authorized to receive under any Fed- be appropriated pursuant to section 3411 shall in, or water of, the Santa Margarita River Wa- eral law, including, the Reclamation Waste- be used to satisfy any claim of the Allottees tershed that the United States, acting in its ca- water and Groundwater Study and Facilities against the United States with respect to the de- pacity as trustee for the Band, asserted, or Act (43 U.S.C. 390h et seq.) as that Act applies velopment or protection of water resources for could have asserted, in any proceeding, includ- to permanent facilities for water recycling, the Reservation. ing the Adjudication Proceeding, except to the demineralization, and desalination, and dis- (2) SATISFACTION OF CLAIMS.—Upon the com- extent that those rights are recognized in the tribution of nonpotable water supplies in South- plete appropriation of amounts authorized pur- Pechanga Settlement Agreement and this sub- ern Riverside County, California; suant to section 3411, any claim of the Allottees title; (6) characterizes any amounts received by against the United States with respect to the de- (B) all claims against the United States (in- RCWD under the Pechanga Settlement Agree- velopment or protection of water resources for cluding the agencies and employees of the ment or this subtitle as Federal for purposes of the Reservation shall be deemed to have been United States) relating to damages, losses, or in- section 1649 of the Reclamation Wastewater and satisfied. juries to water, water rights, land, or natural Groundwater Study and Facilities Act (43 SEC. 3407. WAIVER OF CLAIMS. resources due to loss of water or water rights U.S.C. 390h–32); or (a) IN GENERAL.— (including damages, losses or injuries to hunt- (7) affects the requirement of any party to the (1) WAIVER OF CLAIMS BY THE BAND AND THE ing, fishing, gathering, or cultural rights due to Pechanga Settlement Agreement or any of the UNITED STATES ACTING IN ITS CAPACITY AS TRUST- loss of water or water rights, claims relating to exhibits to the Pechanga Settlement Agreement EE FOR THE BAND.— interference with, diversion, or taking of water to comply with the National Environmental Pol- (A) IN GENERAL.—Subject to the retention of or water rights, or claims relating to failure to icy Act of 1969 (42 U.S.C. 4321 et seq.) or the rights set forth in subsection (c), in return for protect, acquire, replace, or develop water, California Environmental Quality Act (Cal. recognition of the Tribal Water Right and other water rights, or water infrastructure) in the Pub. Res. Code 21000 et seq.) prior to performing benefits as set forth in the Pechanga Settlement Santa Margarita River Watershed that first ac- the respective obligations of that party under Agreement and this subtitle, the Band, and the crued at any time up to and including the en- the Pechanga Settlement Agreement or any of United States, acting as trustee for the Band, forceability date; the exhibits to the Pechanga Settlement Agree- are authorized and directed to execute a waiver (C) all claims against the United States (in- ment. and release of all claims for water rights within cluding the agencies and employees of the (e) ENFORCEABILITY DATE.—The enforce- the Santa Margarita River Watershed that the United States) relating to the pending litigation ability date shall be the date on which the Sec- Band, or the United States acting as trustee for of claims relating to the water rights of the retary publishes in the Federal Register a state- the Band, asserted or could have asserted in Band in the Adjudication Proceeding; and ment of findings that— (1) the Adjudication Court has approved and any proceeding, including the Adjudication Pro- (D) all claims against the United States (in- entered a judgment and decree approving the ceeding, except to the extent that such rights cluding the agencies and employees of the Pechanga Settlement Agreement in substantially are recognized in the Pechanga Settlement United States) relating to the negotiation or exe- the same form as Appendix 2 to the Pechanga Agreement and this subtitle. cution of the Pechanga Settlement Agreement or Settlement Agreement; (B) CLAIMS AGAINST RCWD.—Subject to the re- the negotiation or execution of this subtitle. (2) all amounts authorized by this subtitle tention of rights set forth in subsection (c) and (b) EFFECTIVENESS OF WAIVERS AND RE- have been deposited in the Fund; notwithstanding any provisions to the contrary LEASES.—The waivers under subsection (a) shall (3) the waivers and releases authorized in sub- in the Pechanga Settlement Agreement, the take effect on the enforceability date. (c) RESERVATION OF RIGHTS AND RETENTION section (a) have been executed by the Band and Band and the United States, on behalf of the OF CLAIMS.—Notwithstanding the waivers and the Secretary; Band and Allottees, fully release, acquit, and releases authorized in this subtitle, the Band, (4) the Extension of Service Area Agreement— discharge RCWD from— on behalf of itself and the members of the Band, (A) has been approved and executed by all the (i) claims for injuries to water rights in the and the United States, acting in its capacity as parties to the Extension of Service Area Agree- Santa Margarita River Watershed for land lo- trustee for the Band and Allottees, retain— ment; and cated within the Reservation arising or occur- (1) all claims for enforcement of the Pechanga (B) is effective and enforceable in accordance ring at any time up to and including June 30, Settlement Agreement and this subtitle; with the terms of the Extension of Service Area 2009; (2) all claims against any person or entity Agreement; and (ii) claims for injuries to water rights in the other than the United States and RCWD, in- (5) the ESAA Water Delivery Agreement— Santa Margarita River Watershed for land lo- cluding claims for monetary damages; (A) has been approved and executed by all the cated within the Reservation arising or occur- (3) all claims for water rights that are outside parties to the ESAA Water Delivery Agreement; ring at any time after June 30, 2009, resulting the jurisdiction of the Adjudication Court; and from the diversion or use of water in a manner (4) all rights to use and protect water rights (B) is effective and enforceable in accordance not in violation of the Pechanga Settlement acquired on or after the enforceability date; and with the terms of the ESAA Water Delivery Agreement or this subtitle; (5) all remedies, privileges, immunities, pow- Agreement. (iii) claims for subsidence damage to land lo- ers, and claims, including claims for water (f) TOLLING OF CLAIMS.— cated within the Reservation arising or occur- rights, not specifically waived and released pur- (1) IN GENERAL.—Each applicable period of ring at any time up to and including June 30, suant to this subtitle and the Pechanga Settle- limitation and time-based equitable defense re- 2009; ment Agreement. lating to a claim described in this section shall (iv) claims for subsidence damage arising or (d) EFFECT OF PECHANGA SETTLEMENT AGREE- be tolled for the period beginning on the date of occurring after June 30, 2009, to land located MENT AND ACT.—Nothing in the Pechanga Set- enactment of this Act and ending on the earlier within the Reservation resulting from the diver- tlement Agreement or this subtitle— of—

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00048 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7449

(A) April 30, 2030, or such alternate date after (d) ESAA DELIVERY CAPACITY.— (3) Pechanga Water Fund account, consisting April 30, 2030, as is agreed to by the Band and (1) IN GENERAL.—The Secretary shall, using of amounts authorized pursuant to section the Secretary; or amounts from the Pechanga ESAA Delivery Ca- 3411(a)(3). (B) the enforceability date. pacity account, provide amounts for Interim Ca- (4) Pechanga Water Quality account, con- (2) EFFECTS OF SUBSECTION.—Nothing in this pacity and Permanent Capacity in accordance sisting of amounts authorized pursuant to sec- subsection revives any claim or tolls any period with this section. tion 3411(a)(4). of limitation or time-based equitable defense (2) INTERIM CAPACITY.— (d) MANAGEMENT OF FUND.—The Secretary that expired before the date of enactment of this (A) IN GENERAL.—The Secretary shall, subject shall manage, invest, and distribute all amounts Act. to the availability of appropriations, using in the Fund in a manner that is consistent with (3) LIMITATION.—Nothing in this section pre- amounts from the ESAA Delivery Capacity ac- the investment authority of the Secretary cludes the tolling of any period of limitations or count, provide amounts necessary for the provi- under— any time-based equitable defense under any sion of Interim Capacity in accordance with the (1) the first section of the Act of June 24, 1938 other applicable law. ESAA Capacity Agreement in an amount not to (25 U.S.C. 162a); (g) TERMINATION.— exceed $1,000,000. (2) the American Indian Trust Fund Manage- (1) IN GENERAL.—If all of the amounts author- (B) PROCEDURE.—The procedure for the Sec- ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); ized to be appropriated to the Secretary pursu- retary to provide amounts pursuant to this sec- and ant to this subtitle have not been made available tion shall be as set forth in the ESAA Capacity (3) this section. to the Secretary by April 30, 2030— Agreement. (e) AVAILABILITY OF AMOUNTS.—Amounts ap- (A) the waivers authorized by this section (C) LIABILITY.—The United States shall have propriated to, and deposited in, the Fund, in- shall expire and have no force or effect; and no responsibility or liability for the Interim Ca- cluding any investment earnings accrued from (B) all statutes of limitations applicable to pacity to be provided by RCWD or by the Band. the date of deposit in the Fund through the date any claim otherwise waived under this section (D) TRANSFER TO BAND.—If RCWD does not of disbursement from the Fund, shall be made shall be tolled until April 30, 2030. provide the Interim Capacity Notice required available to the Band by the Secretary begin- (2) VOIDING OF WAIVERS.—If a waiver author- pursuant to the ESAA Capacity Agreement by ning on the enforceability date. ized by this section is void under paragraph the date that is 60 days after the date required (f) WITHDRAWALS BY BAND PURSUANT TO THE (1)— under the ESAA Capacity Agreement, the AMERICAN INDIAN TRUST FUND MANAGEMENT (A) the approval of the United States of the amounts in the Pechanga ESAA Delivery Ca- REFORM ACT.— Pechanga Settlement Agreement under section pacity account for purposes of the provision of (1) IN GENERAL.—The Band may withdraw all 3404 shall be void and have no further force or Interim Capacity and Permanent Capacity, in- or part of the amounts in the Fund on approval effect; cluding any interest that has accrued on those by the Secretary of a tribal management plan (B) any unexpended Federal amounts appro- amounts, shall be available for use by the Band submitted by the Band in accordance with the priated or made available to carry out this sub- to provide alternative interim capacity in a American Indian Trust Fund Management Re- title, together with any interest earned on those manner that is similar to the Interim Capacity form Act of 1994 (25 U.S.C. 4001 et seq.). amounts, and any water rights or contracts to and Permanent Capacity that the Band would (2) REQUIREMENTS.— use water and title to other property acquired or have received had RCWD provided such Interim (A) IN GENERAL.—In addition to the require- constructed with Federal amounts appropriated Capacity and Permanent Capacity. ments under the American Indian Trust Fund or made available to carry out this subtitle shall (3) PERMANENT CAPACITY.— Management Reform Act of 1994 (25 U.S.C. 4001 be returned to the Federal Government, unless (A) IN GENERAL.—The Secretary shall, subject et seq.), the tribal management plan under otherwise agreed to by the Band and the United to the availability of appropriations, using paragraph (1) shall require that the Band shall States and approved by Congress; and amounts from the ESAA Delivery Capacity ac- spend all amounts withdrawn from the Fund in (C) except for Federal amounts used to ac- count, provide amounts necessary for the provi- accordance with this subtitle. quire or develop property that is returned to the sion of Permanent Capacity in accordance with (B) ENFORCEMENT.—The Secretary may carry Federal Government under subparagraph (B), the ESAA Capacity Agreement. out such judicial or administrative actions as the United States shall be entitled to set off any (B) PROCEDURE.—The procedure for the Sec- the Secretary determines to be necessary to en- Federal amounts appropriated or made available retary to provide funds pursuant to this section force the tribal management plan to ensure that to carry out this subtitle that were expended or shall be as set forth in the ESAA Capacity amounts withdrawn by the Band from the Fund withdrawn, together with any interest accrued, Agreement. under this subsection are used in accordance against any claims against the United States re- (C) LIABILITY.—The United States shall have with this subtitle. lating to water rights asserted by the Band or no responsibility or liability for the Permanent (g) WITHDRAWALS BY BAND PURSUANT TO AN Allottees in any future settlement of the water Capacity to be provided by RCWD or by the EXPENDITURE PLAN.— rights of the Band or Allottees. Band. (1) IN GENERAL.—The Band may submit an ex- SEC. 3408. WATER FACILITIES. (D) TRANSFER TO BAND.—If RCWD does not penditure plan for approval by the Secretary re- (a) IN GENERAL.—The Secretary shall, subject provide the Permanent Capacity Notice required questing that all or part of the amounts in the to the availability of appropriations, using pursuant to the ESAA Capacity Agreement by Fund be disbursed in accordance with the plan. amounts from the designated accounts of the the date that is 5 years after the enforceability (2) REQUIREMENTS.—The expenditure plan Fund, provide the amounts necessary to fulfill date, the amounts in the Pechanga ESAA Deliv- under paragraph (1) shall include a description the obligations of the Band under the Recycled ery Capacity account for purposes of the provi- of the manner and purpose for which the Water Infrastructure Agreement and the ESAA sion of Permanent Capacity, including any in- amounts proposed to be disbursed from the Fund Capacity Agreement, in an amount not to ex- terest that has accrued on those amounts, shall will be used, in accordance with subsection (h). ceed the amounts deposited in the designated be available for use by the Band to provide al- (3) APPROVAL.—If the Secretary determines accounts for such purposes plus any interest ac- ternative Permanent Capacity in a manner that that an expenditure plan submitted under this crued on such amounts from the date of deposit is similar to the Permanent Capacity that the subsection is consistent with the purposes of this in the Fund to the date of disbursement from Band would have received had RCWD provided subtitle, the Secretary shall approve the plan. the Fund, in accordance with this subtitle and such Permanent Capacity. (4) ENFORCEMENT.—The Secretary may carry the terms and conditions of those agreements. SEC. 3409. PECHANGA SETTLEMENT FUND. out such judicial or administrative actions as (b) NONREIMBURSABILITY OF COSTS.—All costs (a) ESTABLISHMENT.—There is established in the Secretary determines necessary to enforce an incurred by the Secretary in carrying out this the Treasury of the United States a fund to be expenditure plan to ensure that amounts dis- section shall be nonreimbursable. known as the ‘‘Pechanga Settlement Fund’’, to bursed under this subsection are used in accord- (c) RECYCLED WATER INFRASTRUCTURE.— be managed, invested, and distributed by the ance with this subtitle. (1) IN GENERAL.—The Secretary shall, using Secretary and to be available until expended, (h) USES.—Amounts from the Fund shall be amounts from the Pechanga Recycled Water In- and, together with any interest earned on those used by the Band for the following purposes: frastructure account, provide amounts for the amounts, to be used solely for the purpose of (1) PECHANGA RECYCLED WATER INFRASTRUC- Storage Pond in accordance with this section. carrying out this subtitle. TURE ACCOUNT.—The Pechanga Recycled Water (2) STORAGE POND.— (b) TRANSFERS TO FUND.—The Fund shall Infrastructure account shall be used for expend- (A) IN GENERAL.—The Secretary shall, subject consist of such amounts as are deposited in the itures by the Band in accordance with section to the availability of appropriations, using Fund under section 3411(a) of this subtitle, to- 3408(c). amounts from the Pechanga Recycled Water In- gether with any interest earned on those (2) PECHANGA ESAA DELIVERY CAPACITY AC- frastructure account provide the amounts nec- amounts, which shall be available in accordance COUNT.—The Pechanga ESAA Delivery Capacity essary for a Storage Pond in accordance with with subsection (e). account shall be used for expenditures by the the Recycled Water Infrastructure Agreement, (c) ACCOUNTS OF PECHANGA SETTLEMENT Band in accordance with section 3408(d). in an amount not to exceed $2,656,374. FUND.—The Secretary shall establish in the (3) PECHANGA WATER FUND ACCOUNT.—The (B) PROCEDURE.—The procedure for the Sec- Fund the following accounts: Pechanga Water Fund account shall be used retary to provide amounts pursuant to this sec- (1) Pechanga Recycled Water Infrastructure for— tion shall be as set forth in the Recycled Water account, consisting of amounts authorized pur- (A) payment of the EMWD Connection Fee; Infrastructure Agreement. suant to section 3411(a)(1). (B) payment of the MWD Connection Fee; (C) LIABILITY.—The United States shall have (2) Pechanga ESAA Delivery Capacity ac- and no responsibility or liability for the Storage count, consisting of amounts authorized pursu- (C) any expenses, charges, or fees incurred by Pond. ant to section 3411(a)(2). the Band in connection with the delivery or use

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00049 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7450 CONGRESSIONAL RECORD — HOUSE December 8, 2016 of water pursuant to the Pechanga Settlement SEC. 3412. EXPIRATION ON FAILURE OF EN- and is designated as one of the 4 most important Agreement. FORCEABILITY DATE. shorebird migration sites in the world; (4) PECHANGA WATER QUALITY ACCOUNT.—The If the Secretary does not publish a statement (10) the Basin, 50 percent of which is forested, Pechanga Water Quality account shall be used of findings under section 3407(e) by April 30, also has over 700,000 acres of wetland, more by the Band to fund groundwater desalination 2021, or such alternative later date as is agreed than 126,000 acres of which are recognized as activities within the Wolf Valley Basin. to by the Band and the Secretary, as applica- internationally important, resulting in a land- (i) LIABILITY.—The Secretary and the Sec- ble— scape that provides essential ecosystem services, retary of the Treasury shall not be liable for the (1) this subtitle expires on the later of May 1, including recreation, commercial, and water expenditure of, or the investment of any 2021, or the day after the alternative date quality benefits; amounts withdrawn from, the Fund by the agreed to by the Band and the Secretary; (11) much of the remaining exemplary natural (2) any action taken by the Secretary and any Band under subsection (f) or (g). landscape in the Basin is vulnerable to further contract or agreement pursuant to the authority (j) NO PER CAPITA DISTRIBUTIONS.—No por- degradation, as the Basin gains approximately provided under any provision of this subtitle tion of the Fund shall be distributed on a per 10 square miles of developed land annually, and shall be void; capita basis to any member of the Band. with new development, urban watersheds are (3) any amounts appropriated under section increasingly covered by impervious surfaces, SEC. 3410. MISCELLANEOUS PROVISIONS. 3411, together with any interest on those amplifying the quantity of polluted runoff into (a) WAIVER OF SOVEREIGN IMMUNITY BY THE amounts, shall immediately revert to the general rivers and streams; UNITED STATES.—Except as provided in sub- fund of the Treasury; and (12) the Delaware River is the longest sections (a) through (c) of section 208 of the De- (4) any amounts made available under section undammed river east of the Mississippi; a crit- partment of Justice Appropriation Act, 1953 (43 3411 that remain unexpended shall immediately ical component of the National Wild and Scenic U.S.C. 666), nothing in this subtitle waives the revert to the general fund of the Treasury. Rivers System in the Northeast, with more than sovereign immunity of the United States. SEC. 3413. ANTIDEFICIENCY. 400 miles designated; home to one of the most (b) OTHER TRIBES NOT ADVERSELY AF- (a) IN GENERAL.—Notwithstanding any au- heavily visited National Park units in the FECTED.—Nothing in this subtitle quantifies or thorization of appropriations to carry out this United States, the Delaware Water Gap Na- diminishes any land or water right, or any claim subtitle, the expenditure or advance of any tional Recreation Area; and the location of 6 or entitlement to land or water, of an Indian funds, and the performance of any obligation by National Wildlife Refuges; tribe, band, or community other than the Band. the Department in any capacity, pursuant to (13) the Delaware River supports an inter- (c) LIMITATION ON CLAIMS FOR REIMBURSE- this subtitle shall be contingent on the appro- nationally renowned cold water fishery in more MENT.—With respect to Indian land within the priation of funds for that expenditure, advance, than 80 miles of its northern headwaters that Reservation— or performance. attracts tens of thousands of visitors each year (1) the United States shall not submit against (b) LIABILITY.—The Department of the Inte- and generates over $21,000,000 in annual rev- any Indian-owned land located within the Res- rior shall not be liable for the failure to carry enue through tourism and recreational activi- ervation any claim for reimbursement of the cost out any obligation or activity authorized by this ties; to the United States of carrying out this subtitle subtitle if adequate appropriations are not pro- (14) management of water volume in the Basin and the Pechanga Settlement Agreement; and vided to carry out this subtitle. is critical to flood mitigation and habitat for (2) no assessment of any Indian-owned land Subtitle E—Delaware River Basin fish and wildlife, and following 3 major floods located within the Reservation shall be made re- Conservation along the Delaware River since 2004, the Gov- garding that cost. SEC. 3501. FINDINGS. ernors of the States of Delaware, New Jersey, (d) EFFECT ON CURRENT LAW.—Nothing in Congress finds that— New York, and Pennsylvania have called for this section affects any provision of law (includ- (1) the Delaware River Basin is a national natural flood damage reduction measures to ing regulations) in effect on the day before the treasure of great cultural, environmental, eco- combat the problem, including restoring the date of enactment of this Act with respect to logical, and economic importance; function of riparian corridors; preenforcement review of any Federal environ- (2) the Basin contains over 12,500 square miles (15) the Delaware River Port Complex (includ- mental enforcement action. of land in the States of Delaware, New Jersey, ing docking facilities in the States of Delaware, New Jersey, and Pennsylvania) is one of the SEC. 3411. AUTHORIZATION OF APPROPRIATIONS. New York, and Pennsylvania, including nearly 800 square miles of bay and more than 2,000 trib- largest freshwater ports in the world, the Port of (a) AUTHORIZATION OF APPROPRIATIONS.— Philadelphia handles the largest volume of (1) PECHANGA RECYCLED WATER INFRASTRUC- utary rivers and streams; (3) the Basin is home to more than 8,000,000 international tonnage and 70 percent of the oil TURE ACCOUNT.—There is authorized to be ap- people who depend on the Delaware River and shipped to the East Coast, and the Port of Wil- propriated $2,656,374, for deposit in the mington, a full-service deepwater port and ma- Pechanga Recycled Water Infrastructure ac- the Delaware Bay as an economic engine, a place of recreation, and a vital habitat for fish rine terminal supporting more than 12,000 jobs, count, to carry out the activities described in is the busiest terminal on the Delaware River, section 3408(c). and wildlife; (4) the Basin provides clean drinking water to handling more than 400 vessels per year with an (2) PECHANGA ESAA DELIVERY CAPACITY AC- more than 15,000,000 people, including New York annual import/export cargo tonnage of more COUNT.—There is authorized to be appropriated City, which relies on the Basin for approxi- than 4,000,000 tons; $17,900,000, for deposit in the Pechanga ESAA mately half of the drinking water supply of the (16) the Delaware Estuary, where freshwater Delivery Capacity account, which amount shall city, and Philadelphia, whose most significant from the Delaware River mixes with saltwater be adjusted for changes in construction costs threat to the drinking water supply of the city from the Atlantic Ocean, is one of the largest since June 30, 2009, as is indicated by ENR Con- is loss of forests and other natural cover in the and most complex of the 28 estuaries in the Na- struction Cost Index, 20-City Average, as appli- Upper Basin, according to a study conducted by tional Estuary Program, and the Partnership cable to the types of construction required for the Philadelphia Water Department; for the Delaware Estuary works to improve the the Band to provide the infrastructure nec- (5) the Basin contributes $25,000,000,000 annu- environmental health of the Delaware Estuary; essary for the Band to provide the Interim Ca- ally in economic activity, provides (17) the Delaware River Basin Commission is a pacity and Permanent Capacity in the event $21,000,000,000 in ecosystem goods and services Federal-interstate compact government agency that RCWD elects not to provide the Interim Ca- per year, and is directly or indirectly responsible charged with overseeing a unified approach to pacity or Permanent Capacity as set forth in the for 600,000 jobs with $10,000,000,000 in annual managing the river system and implementing im- ESAA Capacity Agreement and contemplated in wages; portant water resources management projects sections 3408(d)(2)(D) and 3408(d)(3)(D) of this (6) almost 180 species of fish and wildlife are and activities throughout the Basin that are in subtitle, with such adjustment ending on the considered special status species in the Basin the national interest; date on which funds authorized to be appro- due to habitat loss and degradation, particu- (18) restoration activities in the Basin are sup- priated under this section have been deposited larly sturgeon, eastern oyster, horseshoe crabs, ported through several Federal and State agen- in the Fund. and red knots, which have been identified as cy programs, and funding for those important (3) PECHANGA WATER FUND ACCOUNT.—There unique species in need of habitat improvement; programs should continue and complement the is authorized to be appropriated $5,483,653, for (7) the Basin provides habitat for over 200 establishment of the Delaware River Basin Res- deposit in the Pechanga Water Fund account, resident and migrant fish species, includes sig- toration Program, which is intended to build on which amount shall be adjusted for changes in nificant recreational fisheries, and is an impor- and help coordinate restoration and protection appropriate cost indices since June 30, 2009, tant source of eastern oyster, blue crab, and the funding mechanisms at the Federal, State, re- with such adjustment ending on the date of de- largest population of the American horseshoe gional, and local levels; and posit in the Fund, for the purposes set forth in crab; (19) the existing and ongoing voluntary con- section 3409(h)(3). (8) the annual dockside value of commercial servation efforts in the Delaware River Basin (4) PECHANGA WATER QUALITY ACCOUNT.— eastern oyster fishery landings for the Delaware necessitate improved efficiency and cost effec- There is authorized to be appropriated Estuary is nearly $4,000,000, making it the tiveness, as well as increased private-sector in- $2,460,000, for deposit in the Pechanga Water fourth most lucrative fishery in the Delaware vestments and coordination of Federal and non- Quality account, which amount shall be ad- River Basin watershed, and proven management Federal resources. justed for changes in appropriate cost indices strategies are available to increase oyster habi- SEC. 3502. DEFINITIONS. since June 30, 2009, with such adjustment end- tat, abundance, and harvest; In this subtitle: ing on the date of deposit in the Fund, for the (9) the Delaware Bay has the second largest (1) BASIN.—The term ‘‘Basin’’ means the 4- purposes set forth in section 3409(h)(4). concentration of shorebirds in North America State Delaware Basin region, including all of

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00050 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7451 Delaware Bay and portions of the States of assistance throughout the Basin and Basin SEC. 3602. USE OF TRAILER HOMES AT HEART Delaware, New Jersey, New York, and Pennsyl- States— BUTTE DAM AND RESERVOIR (LAKE vania located in the Delaware River watershed. (A) to sustain and enhance fish and wildlife TSCHIDA). (2) BASIN STATE.—The term ‘‘Basin State’’ habitat restoration and protection activities; (a) DEFINITIONS.—In this section: means each of the States of Delaware, New Jer- (B) to improve and maintain water quality to (1) ADDITION.—The term ‘‘addition’’ means sey, New York, and Pennsylvania. support fish and wildlife, as well as the habitats any enclosed structure added onto the structure (3) DIRECTOR.—The term ‘‘Director’’ means of fish and wildlife, and drinking water for peo- of a trailer home that increases the living area the Director of the United States Fish and Wild- ple; of the trailer home. life Service. (C) to sustain and enhance water manage- (2) CAMPER OR RECREATIONAL VEHICLE.—The term ‘‘camper or recreational vehicle’’ in- (4) GRANT PROGRAM.—The term ‘‘grant pro- ment for volume and flood damage mitigation gram’’ means the voluntary Delaware River improvements to benefit fish and wildlife habi- cludes— (A) a camper, motorhome, trailer camper, Basin Restoration Grant Program established tat; bumper hitch camper, fifth wheel camper, or under section 3504. (D) to improve opportunities for public access equivalent mobile shelter; and (5) PROGRAM.—The term ‘‘program’’ means and recreation in the Basin consistent with the (B) a recreational vehicle. the nonregulatory Delaware River Basin res- ecological needs of fish and wildlife habitat; (3) IMMEDIATE FAMILY.—The term ‘‘immediate toration program established under section 3503. (E) to facilitate strategic planning to maximize the resilience of natural systems and habitats family’’ means a spouse, grandparent, parent, (6) RESTORATION AND PROTECTION.—The term sibling, child, or grandchild. ‘‘restoration and protection’’ means the con- under changing watershed conditions; (F) to engage the public through outreach, (4) PERMIT.—The term ‘‘permit’’ means a per- servation, stewardship, and enhancement of education, and citizen involvement, to increase mit issued by the Secretary authorizing the use habitat for fish and wildlife to preserve and im- capacity and support for coordinated restora- of a lot in a trailer area. prove ecosystems and ecological processes on tion and protection activities in the Basin; (5) PERMIT YEAR.—The term ‘‘permit year’’ which they depend, and for use and enjoyment (G) to increase scientific capacity to support means the period beginning on April 1 of a cal- by the public. the planning, monitoring, and research activi- endar year and ending on March 31 of the fol- (7) SECRETARY.—The term ‘‘Secretary’’ means ties necessary to carry out coordinated restora- lowing calendar year. the Secretary of the Interior, acting through the tion and protection activities; and (6) PERMITTEE.—The term ‘‘permittee’’ means Director. (H) to provide technical assistance to carry a person holding a permit. (8) SERVICE.—The term ‘‘Service’’ means the out restoration and protection activities in the (7) SECRETARY.—The term ‘‘Secretary’’ means United States Fish and Wildlife Service. Basin. the Secretary of the Interior, acting through the SEC. 3503. PROGRAM ESTABLISHMENT. SEC. 3504. GRANTS AND ASSISTANCE. Commissioner of Reclamation. (a) ESTABLISHMENT.—Not later than 180 days (a) DELAWARE RIVER BASIN RESTORATION (8) TRAILER AREA.—The term ‘‘trailer area’’ after the date of enactment of this Act, the Sec- GRANT PROGRAM.—To the extent that funds are means any of the following areas at Heart Butte retary shall establish a nonregulatory program available to carry out this section, the Secretary Dam and Reservoir (Lake Tschida) (as described to be known as the ‘‘Delaware River Basin res- shall establish a voluntary grant and technical in the document of the Bureau of Reclamation toration program’’. assistance program to be known as the ‘‘Dela- entitled ‘‘Heart Butte Reservoir Resource Man- (b) DUTIES.—In carrying out the program, the ware River Basin Restoration Grant Program’’ agement Plan’’ (March 2008)): Secretary shall— to provide competitive matching grants of vary- (A) Trailer Area 1 and 2, also known as Man- (1) draw on existing plans for the Basin, or ing amounts to State and local governments, agement Unit 034. portions of the Basin, and work in consultation nonprofit organizations, institutions of higher (B) Southside Trailer Area, also known as with applicable management entities, including education, and other eligible entities to carry Management Unit 014. representatives of the Partnership for the Dela- out activities described in section 3503(d). (9) TRAILER HOME.—The term ‘‘trailer home’’ ware Estuary, the Delaware River Basin Com- (b) CRITERIA.—The Secretary, in consultation means a dwelling placed on a supporting frame mission, the Federal Government, and other with the organizations described in section that— State and local governments, and regional orga- 3503(c), shall develop criteria for the grant pro- (A) has or had a tow-hitch; and nizations, as appropriate, to identify, prioritize, gram to help ensure that activities funded under (B) is made mobile, or is capable of being and implement restoration and protection activi- this section accomplish one or more of the pur- made mobile, by an axle and wheels. ties within the Basin; poses identified in section 3503(d)(2) and ad- (b) PERMIT RENEWAL AND PERMITTED USE.— (1) IN GENERAL.—The Secretary shall use the (2) adopt a Basinwide strategy that— vance the implementation of priority actions or same permit renewal process for trailer area per- (A) supports the implementation of a shared needs identified in the Basinwide strategy mits as the Secretary uses for other permit re- set of science-based restoration and protection adopted under section 3503(b)(2). activities developed in accordance with para- (c) COST SHARING.— newals in other reservoirs in the State of North graph (1); (1) FEDERAL SHARE.—The Federal share of the Dakota administered by the Dakotas Area Of- (B) targets cost-effective projects with measur- cost of a project funded under the grant pro- fice of the Bureau of Reclamation. (2) TRAILER HOMES.—With respect to a trailer able results; and gram shall not exceed 50 percent of the total cost home, a permit for each permit year shall au- (C) maximizes conservation outcomes with no of the activity, as determined by the Secretary. thorize the permittee— net gain of Federal full-time equivalent employ- (2) NON-FEDERAL SHARE.—The non-Federal (A) to park the trailer home on the lot; ees; and share of the cost of a project funded under the grant program may be provided in cash or in the (B) to use the trailer home on the lot; (3) establish the voluntary grant and tech- (C) to physically move the trailer home on and nical assistance programs in accordance with form of an in-kind contribution of services or materials. off the lot; and section 3504. (D) to leave on the lot any addition, deck, SEC. 3505. ANNUAL LETTER. (c) COORDINATION.—In establishing the pro- porch, entryway, step to the trailer home, pro- Not later than 180 days after the date of en- gram, the Secretary shall consult, as appro- pane tank, or storage shed. actment of this Act and annually thereafter, the priate, with— (3) CAMPERS OR RECREATIONAL VEHICLES.— Secretary shall submit to Congress a detailed (1) the heads of Federal agencies, including— With respect to a camper or recreational vehicle, letter on the implementation of this subtitle, in- (A) the Administrator of the Environmental a permit shall, for each permit year— Protection Agency; cluding a description of each project that has (A) from April 1 to October 31, authorize the (B) the Administrator of the National Oceanic received funding under this subtitle. permittee— and Atmospheric Administration; SEC. 3506. PROHIBITION ON USE OF FUNDS FOR (i) to park the camper or recreational vehicle (C) the Chief of the Natural Resources Con- FEDERAL ACQUISITION OF INTER- on the lot; ESTS IN LAND. servation Service; (ii) to use the camper or recreational vehicle No funds may be appropriated or used under (D) the Chief of Engineers; and on the lot; and this subtitle for acquisition by the Federal Gov- (E) the head of any other applicable agency; (iii) to move the camper or recreational vehicle ernment of any interest in land. (2) the Governors of the Basin States; on and off the lot; and (3) the Partnership for the Delaware Estuary; SEC. 3507. SUNSET. (B) from November 1 to March 31, require a (4) the Delaware River Basin Commission; This subtitle shall have no force or effect after permittee to remove the camper or recreational (5) fish and wildlife joint venture partner- September 30, 2023. vehicle from the lot. ships; and Subtitle F—Miscellaneous Provisions (c) REMOVAL.— (6) other public agencies and organizations SEC. 3601. BUREAU OF RECLAMATION DAKOTAS (1) IN GENERAL.—The Secretary may require with authority for the planning and implemen- AREA OFFICE PERMIT FEES FOR removal of a trailer home from a lot in a trailer tation of conservation strategies in the Basin. CABINS AND TRAILERS. area if the trailer home is flooded after the date (d) PURPOSES.—The purposes of the program During the period ending 5 years after the of enactment of this Act. include— date of enactment of this Act, the Secretary of (2) REMOVAL AND NEW USE.—If the Secretary (1) coordinating restoration and protection ac- the Interior shall not increase the permit fee for requires removal of a trailer home under para- tivities among Federal, State, local, and re- a cabin or trailer on land in the State of North graph (1), on request by the permittee, the Sec- gional entities and conservation partners Dakota administered by the Dakotas Area Of- retary shall authorize the permittee— throughout the Basin; and fice of the Bureau of Reclamation by more than (A) to replace the trailer home on the lot with (2) carrying out coordinated restoration and 33 percent of the permit fee that was in effect on a camper or recreational vehicle in accordance protection activities, and providing for technical January 1, 2016. with this section; or

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00051 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7452 CONGRESSIONAL RECORD — HOUSE December 8, 2016 (B) to place a trailer home on the lot from of the natural beauty and recreation opportuni- ‘‘(A) renewed their commitment to Lake April 1 to October 31. ties in the area; Tahoe; and (d) TRANSFER OF PERMITS.— ‘‘(4) the ecological health of the Lake Tahoe ‘‘(B) expressed their desire to fund the Federal (1) TRANSFER OF TRAILER HOME TITLE.—If a Basin continues to be challenged by the impacts and State shares of the Environmental Improve- permittee transfers title to a trailer home per- of land use and transportation patterns devel- ment Program through 2022; mitted on a lot in a trailer area, the Secretary oped in the last century; ‘‘(15) since 1997, the Federal Government, the shall issue a permit to the transferee, under the ‘‘(5) the alteration of wetland, wet meadows, States of California and Nevada, units of local same terms as the permit applicable on the date and stream zone habitat have compromised the government, and the private sector have contrib- of transfer, subject to the conditions described capacity of the watershed to filter sediment, nu- uted more than $1,955,500,000 to the Lake Tahoe in paragraph (3). trients, and pollutants before reaching Lake Basin, including— (2) TRANSFER OF CAMPER OR RECREATIONAL Tahoe; ‘‘(A) $635,400,000 from the Federal Govern- VEHICLE TITLE.—If a permittee who has a permit ‘‘(6) forests in the Lake Tahoe Basin suffer ment; to use a camper or recreational vehicle on a lot from over a century of fire damage and periodic ‘‘(B) $758,600,000 from the State of California; in a trailer area transfers title to the interests of drought, which have resulted in— ‘‘(C) $123,700,000 from the State of Nevada; the permittee on or to the lot, the Secretary ‘‘(A) high tree density and mortality; ‘‘(D) $98,900,000 from units of local govern- shall issue a permit to the transferee, subject to ‘‘(B) the loss of biological diversity; and ment; and the conditions described in paragraph (3). ‘‘(C) a large quantity of combustible forest ‘‘(E) $338,900,000 from private interests; (3) CONDITIONS.—A permit issued by the Sec- fuels, which significantly increases the threat of ‘‘(16) significant additional investment from retary under paragraph (1) or (2) shall be sub- catastrophic fire and insect infestation; Federal, State, local, and private sources is nec- ject to the following conditions: ‘‘(7) the establishment of several aquatic and essary— (A) A permit may not be held in the name of terrestrial invasive species (including perennial ‘‘(A) to restore and sustain the ecological a corporation. pepperweed, milfoil, and Asian clam) threatens health of the Lake Tahoe Basin; (B) A permittee may not have an interest in, the ecosystem of the Lake Tahoe Basin; ‘‘(B) to adapt to the impacts of fluctuating or control of, more than 1 seasonal trailer home ‘‘(8) there is an ongoing threat to the economy water temperature and precipitation; and site in the Great Plains Region of the Bureau of and ecosystem of the Lake Tahoe Basin of the ‘‘(C) to prevent the introduction and estab- Reclamation, inclusive of sites located on tracts introduction and establishment of other invasive lishment of invasive species in the Lake Tahoe permitted to organized groups on Reclamation species (such as yellow starthistle, New Zealand Basin; and reservoirs. mud snail, Zebra mussel, and quagga mussel); ‘‘(17) the Secretary has indicated that the (C) Not more than 2 persons may be permittees ‘‘(9) 78 percent of the land in the Lake Tahoe Lake Tahoe Basin Management Unit has the under 1 permit, unless— Basin is administered by the Federal Govern- capacity for at least $10,000,000 annually for the (i) approved by the Secretary; or ment, which makes it a Federal responsibility to Fire Risk Reduction and Forest Management (ii) the additional persons are immediate fam- restore ecological health to the Lake Tahoe Program. ily members of the permittees. Basin; ‘‘(b) PURPOSES.—The purposes of this Act (e) ANCHORING REQUIREMENTS FOR TRAILER ‘‘(10) the Federal Government has a long his- are— ‘‘(1) to enable the Chief of the Forest Service, HOMES.—The Secretary shall require compliance tory of environmental stewardship at Lake with appropriate anchoring requirements for Tahoe, including— the Director of the United States Fish and Wild- each trailer home (including additions to the ‘‘(A) congressional consent to the establish- life Service, and the Administrator, in coopera- trailer home) and other objects on a lot in a ment of the Planning Agency with— tion with the Planning Agency and the States of trailer area, as determined by the Secretary, ‘‘(i) the enactment in 1969 of Public Law 91– California and Nevada, to fund, plan, and im- after consulting with permittees. 148 (83 Stat. 360); and plement significant new environmental restora- tion activities and forest management activities (f) REPLACEMENT, REMOVAL, AND RETURN.— ‘‘(ii) the enactment in 1980 of Public Law 96– (1) REPLACEMENT.—Permittees may replace 551 (94 Stat. 3233); in the Lake Tahoe Basin; their trailer home with another trailer home. ‘‘(B) the establishment of the Lake Tahoe ‘‘(2) to ensure that Federal, State, local, re- gional, tribal, and private entities continue to (2) REMOVAL AND RETURN.—Permittees may— Basin Management Unit in 1973; (A) remove their trailer home; and ‘‘(C) the enactment of Public Law 96–586 (94 work together to manage land in the Lake (B) if the permittee removes their trailer home Stat. 3381) in 1980 to provide for the acquisition Tahoe Basin; under subparagraph (A), return the trailer home of environmentally sensitive land and erosion ‘‘(3) to support local governments in efforts re- to the lot of the permittee. control grants in the Lake Tahoe Basin; lated to environmental restoration, stormwater pollution control, fire risk reduction, and forest (g) LIABILITY; TAKING.— ‘‘(D) the enactment of sections 341 and 342 of management activities; and (1) LIABILITY.—The United States shall not be the Department of the Interior and Related liable for flood damage to the personal property Agencies Appropriations Act, 2004 (Public Law ‘‘(4) to ensure that agency and science com- of a permittee or for damages arising out of any 108–108; 117 Stat. 1317), which amended the munity representatives in the Lake Tahoe Basin act, omission, or occurrence relating to a lot to Southern Nevada Public Land Management Act work together— ‘‘(A) to develop and implement a plan for inte- which a permit applies, other than for damages of 1998 (Public Law 105–263; 112 Stat. 2346) to grated monitoring, assessment, and applied re- caused by an act or omission of the United provide payments for the environmental restora- search to evaluate the effectiveness of the Envi- States or an employee, agent, or contractor of tion programs under this Act; and ronmental Improvement Program; and the United States before the date of enactment ‘‘(E) the enactment of section 382 of the Tax ‘‘(B) to provide objective information as a of this Act. Relief and Health Care Act of 2006 (Public Law basis for ongoing decisionmaking, with an em- (2) TAKING.—Any temporary flooding or flood 109–432; 120 Stat. 3045), which amended the phasis on decisionmaking relating to resource damage to the personal property of a permittee Southern Nevada Public Land Management Act management in the Lake Tahoe Basin.’’. shall not be a taking by the United States. of 1998 (Public Law 105–263; 112 Stat. 2346) to authorize development and implementation of a (b) DEFINITIONS.—The Lake Tahoe Restora- SEC. 3603. LAKE TAHOE RESTORATION. comprehensive 10-year hazardous fuels and fire tion Act (Public Law 106–506; 114 Stat. 2351) is (a) FINDINGS AND PURPOSES.—The Lake prevention plan for the Lake Tahoe Basin; amended by striking section 3 and inserting the Tahoe Restoration Act (Public Law 106–506; 114 ‘‘(11) the Assistant Secretary was an original following: Stat. 2351) is amended by striking section 2 and signatory in 1997 to the Agreement of Federal ‘‘SEC. 3. DEFINITIONS. inserting the following: Departments on Protection of the Environment ‘‘In this Act: ‘‘SEC. 2. FINDINGS AND PURPOSES. and Economic Health of the Lake Tahoe Basin; ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- ‘‘(a) FINDINGS.—Congress finds that— ‘‘(12) the Chief of Engineers, under direction trator’ means the Administrator of the Environ- ‘‘(1) Lake Tahoe— from the Assistant Secretary, has continued to mental Protection Agency. ‘‘(A) is one of the largest, deepest, and clear- be a significant contributor to Lake Tahoe ‘‘(2) ASSISTANT SECRETARY.—The term ‘Assist- est lakes in the world; Basin restoration, including— ant Secretary’ means the Assistant Secretary of ‘‘(B) has a cobalt blue color, a biologically di- ‘‘(A) stream and wetland restoration; and the Army for Civil Works. verse alpine setting, and remarkable water clar- ‘‘(B) programmatic technical assistance; ‘‘(3) CHAIR.—The term ‘Chair’ means the ity; and ‘‘(13) at the Lake Tahoe Presidential Forum Chair of the Federal Partnership. ‘‘(C) is recognized nationally and worldwide in 1997, the President renewed the commitment ‘‘(4) COMPACT.—The term ‘Compact’ means as a natural resource of special significance; of the Federal Government to Lake Tahoe by— the Tahoe Regional Planning Compact included ‘‘(2) in addition to being a scenic and ecologi- ‘‘(A) committing to increased Federal re- in the first section of Public Law 96–551 (94 Stat. cal treasure, the Lake Tahoe Basin is one of the sources for ecological restoration at Lake Tahoe; 3233). outstanding recreational resources of the United and ‘‘(5) DIRECTORS.—The term ‘Directors’ States, which— ‘‘(B) establishing the Federal Interagency means— ‘‘(A) offers skiing, water sports, biking, camp- Partnership and Federal Advisory Committee to ‘‘(A) the Director of the United States Fish ing, and hiking to millions of visitors each year; consult on natural resources issues concerning and Wildlife Service; and and the Lake Tahoe Basin; ‘‘(B) the Director of the United States Geologi- ‘‘(B) contributes significantly to the economies ‘‘(14) at the 2011 and 2012 Lake Tahoe Fo- cal Survey. of California, Nevada, and the United States; rums, Senator Reid, Senator Feinstein, Senator ‘‘(6) ENVIRONMENTAL IMPROVEMENT PRO- ‘‘(3) the economy in the Lake Tahoe Basin is Heller, Senator Ensign, Governor Gibbons, Gov- GRAM.—The term ‘Environmental Improvement dependent on the conservation and restoration ernor Sandoval, and Governor Brown— Program’ means—

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00052 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7453

‘‘(A) the Environmental Improvement Program Management Unit, the Secretary shall, as ap- ‘‘(f) COOPERATIVE AUTHORITIES.—During the adopted by the Planning Agency; and propriate, coordinate with the Administrator 4 fiscal years following the date of enactment of ‘‘(B) any amendments to the Program. and State and local agencies and organizations, the Water Resources Development Act of 2016, ‘‘(7) ENVIRONMENTAL THRESHOLD CARRYING including local fire departments and volunteer the Secretary, in conjunction with land adjust- CAPACITY.—The term ‘environmental threshold groups. ment programs, may enter into contracts and co- carrying capacity’ has the meaning given the ‘‘(B) GOALS.—The coordination of activities operative agreements with States, units of local term in Article II of the Compact. under subparagraph (A) should aim to increase government, and other public and private enti- ‘‘(8) FEDERAL PARTNERSHIP.—The term ‘Fed- efficiencies and maximize the compatibility of ties to provide for fuel reduction, erosion con- eral Partnership’ means the Lake Tahoe Federal management practices across public property trol, reforestation, Stream Environment Zone Interagency Partnership established by Execu- boundaries. restoration, and similar management activities tive Order 13057 (62 Fed. Reg. 41249) (or a suc- ‘‘(2) MULTIPLE BENEFITS.— on Federal land and non-Federal land within cessor Executive order). ‘‘(A) IN GENERAL.—In conducting forest man- the programs.’’. ‘‘(9) FOREST MANAGEMENT ACTIVITY.—The agement activities in the Lake Tahoe Basin (d) AUTHORIZED PROGRAMS.—The Lake Tahoe term ‘forest management activity’ includes— Management Unit, the Secretary shall conduct Restoration Act (Public Law 106–506; 114 Stat. ‘‘(A) prescribed burning for ecosystem health the activities in a manner that— 2351) is amended by striking section 5 and in- and hazardous fuels reduction; ‘‘(i) except as provided in subparagraph (B), serting the following: ‘‘(B) mechanical and minimum tool treatment; attains multiple ecosystem benefits, including— ‘‘SEC. 5. AUTHORIZED PROGRAMS. ‘‘(C) stream environment zone restoration and ‘‘(I) reducing forest fuels; ‘‘(a) IN GENERAL.—The Secretary, the Assist- ‘‘(II) maintaining biological diversity; other watershed and wildlife habitat enhance- ant Secretary, the Directors, and the Adminis- ‘‘(III) improving wetland and water quality, ments; trator, in coordination with the Planning Agen- ‘‘(D) nonnative invasive species management; including in Stream Environment Zones; and cy and the States of California and Nevada, and ‘‘(IV) increasing resilience to changing water may carry out or provide financial assistance to ‘‘(E) other activities consistent with Forest temperature and precipitation; and any program that— Service practices, as the Secretary determines to ‘‘(ii) helps achieve and maintain the environ- ‘‘(1) is described in subsection (d); be appropriate. mental threshold carrying capacities established ‘‘(2) is included in the Priority List under sub- ‘‘(10) MAPS.—The term ‘Maps’ means the by the Planning Agency. section (b); and maps— ‘‘(B) EXCEPTION.—Notwithstanding subpara- ‘‘(3) furthers the purposes of the Environ- ‘‘(A) entitled— graph (A)(i), the attainment of multiple eco- mental Improvement Program if the program has ‘‘(i) ‘LTRA USFS–CA Land Exchange/North system benefits shall not be required if the Sec- been subject to environmental review and ap- Shore’; retary determines that management for multiple proval, respectively, as required under Federal ‘‘(ii) ‘LTRA USFS–CA Land Exchange/West ecosystem benefits would excessively increase law, Article VII of the Compact, and State law, Shore’; and the cost of a program in relation to the addi- as applicable. ‘‘(iii) ‘LTRA USFS–CA Land Exchange/South tional ecosystem benefits gained from the man- ‘‘(b) PRIORITY LIST.— Shore’; and agement activity. ‘‘(1) DEADLINE.—Not later than March 15 of ‘‘(B) dated January 4, 2016, and on file and ‘‘(3) GROUND DISTURBANCE.—Consistent with available for public inspection in the appro- applicable Federal law and Lake Tahoe Basin the year after the date of enactment of the priate offices of— Management Unit land and resource manage- Water Resources Development Act of 2016, the ‘‘(i) the Forest Service; ment plan direction, the Secretary shall— Chair, in consultation with the Secretary, the ‘‘(ii) the California Tahoe Conservancy; and ‘‘(A) establish post-program ground condition Administrator, the Directors, the Planning ‘‘(iii) the California Department of Parks and criteria for ground disturbance caused by forest Agency, the States of California and Nevada, Recreation. management activities; and the Federal Partnership, the Washoe Tribe, the ‘‘(11) NATIONAL WILDLAND FIRE CODE.—The ‘‘(B) provide for monitoring to ascertain the Lake Tahoe Federal Advisory Committee, and term ‘national wildland fire code’ means— attainment of the post-program conditions. the Tahoe Science Consortium (or a successor ‘‘(A) the most recent publication of the Na- ‘‘(4) AVAILABILITY OF CATEGORICAL EXCLUSION organization) shall submit to Congress a tional Fire Protection Association codes num- FOR CERTAIN FOREST MANAGEMENT PROJECTS.—A prioritized Environmental Improvement Program bered 1141, 1142, 1143, and 1144; forest management activity conducted in the list for the Lake Tahoe Basin for the program ‘‘(B) the most recent publication of the Inter- Lake Tahoe Basin Management Unit for the categories described in subsection (d). national Wildland-Urban Interface Code of the purpose of reducing forest fuels is categorically ‘‘(2) CRITERIA.—The ranking of the Priority International Code Council; or excluded from the requirements of the National List shall be based on the best available science ‘‘(C) any other code that the Secretary deter- Environmental Policy Act of 1969 (42 U.S.C. 4321 and the following criteria: mines provides the same, or better, standards for et seq.) if the forest management activity— ‘‘(A) The 4-year threshold carrying capacity protection against wildland fire as a code de- ‘‘(A) notwithstanding section 423 of the De- evaluation. scribed in subparagraph (A) or (B). partment of the Interior, Environment, and Re- ‘‘(B) The ability to measure progress or suc- ‘‘(12) PLANNING AGENCY.—The term ‘Planning lated Agencies Appropriations Act, 2009 (divi- cess of the program. Agency’ means the Tahoe Regional Planning sion E of Public Law 111–8; 123 Stat. 748), does ‘‘(C) The potential to significantly contribute Agency established under Public Law 91–148 (83 not exceed 10,000 acres, including not more than to the achievement and maintenance of the en- Stat. 360) and Public Law 96–551 (94 Stat. 3233). 3,000 acres of mechanical thinning; vironmental threshold carrying capacities iden- ‘‘(13) PRIORITY LIST.—The term ‘Priority List’ ‘‘(B) is developed— tified in Article II of the Compact. means the environmental restoration priority list ‘‘(i) in coordination with impacted parties, ‘‘(D) The ability of a program to provide mul- developed under section 5(b). specifically including representatives of local tiple benefits. ‘‘(14) SECRETARY.—The term ‘Secretary’ means governments, such as county supervisors or ‘‘(E) The ability of a program to leverage non- the Secretary of Agriculture, acting through the county commissioners; and Federal contributions. Chief of the Forest Service. ‘‘(ii) in consultation with other interested par- ‘‘(F) Stakeholder support for the program. ‘‘(15) STREAM ENVIRONMENT ZONE.—The term ties; and ‘‘(G) The justification of Federal interest. ‘Stream Environment Zone’ means an area that ‘‘(C) is consistent with the Lake Tahoe Basin ‘‘(H) Agency priority. generally owes the biological and physical char- Management Unit land and resource manage- ‘‘(I) Agency capacity. acteristics of the area to the presence of surface ment plan. ‘‘(J) Cost-effectiveness. water or groundwater. ‘‘(d) WITHDRAWAL OF FEDERAL LAND.— ‘‘(K) Federal funding history. ‘‘(16) TOTAL MAXIMUM DAILY LOAD.—The term ‘‘(1) IN GENERAL.—Subject to valid existing ‘‘(3) REVISIONS.—The Priority List submitted ‘total maximum daily load’ means the total max- rights and paragraph (2), the Federal land lo- under paragraph (1) shall be revised every 2 imum daily load allocations adopted under sec- cated in the Lake Tahoe Basin Management years. tion 303(d) of the Federal Water Pollution Con- Unit is withdrawn from— ‘‘(4) FUNDING.—Of the amounts made avail- trol Act (33 U.S.C. 1313(d)). ‘‘(A) all forms of entry, appropriation, or dis- able under section 10(a), $80,000,000 shall be ‘‘(17) WATERCRAFT.—The term ‘watercraft’ posal under the public land laws; made available to the Secretary to carry out means motorized and non-motorized watercraft, ‘‘(B) location, entry, and patent under the projects listed on the Priority List. including boats, seaplanes, personal watercraft, mining laws; and ‘‘(c) RESTRICTION.—The Administrator shall kayaks, and canoes.’’. ‘‘(C) disposition under all laws relating to use not more than 3 percent of the funds pro- (c) IMPROVED ADMINISTRATION OF THE LAKE mineral and geothermal leasing. vided under subsection (a) for administering the TAHOE BASIN MANAGEMENT UNIT.—Section 4 of ‘‘(2) EXCEPTIONS.—A conveyance of land shall programs described in paragraphs (1) and (2) of the Lake Tahoe Restoration Act (Public Law be exempt from withdrawal under this sub- subsection (d). 106–506; 114 Stat. 2353) is amended— section if carried out under— ‘‘(d) DESCRIPTION OF ACTIVITIES.— (1) in subsection (b)(3), by striking ‘‘basin’’ ‘‘(A) this Act; or ‘‘(1) FIRE RISK REDUCTION AND FOREST MAN- and inserting ‘‘Basin’’; and ‘‘(B) Public Law 96–586 (94 Stat. 3381) (com- AGEMENT.— (2) by adding at the end the following: monly known as the ‘Santini-Burton Act’). ‘‘(A) IN GENERAL.—Of the amounts made ‘‘(c) FOREST MANAGEMENT ACTIVITIES.— ‘‘(e) ENVIRONMENTAL THRESHOLD CARRYING available under section 10(a), $150,000,000 shall ‘‘(1) COORDINATION.— CAPACITY.—The Lake Tahoe Basin Management be made available to the Secretary to carry out, ‘‘(A) IN GENERAL.—In conducting forest man- Unit shall support the attainment of the envi- including by making grants, the following pro- agement activities in the Lake Tahoe Basin ronmental threshold carrying capacities. grams:

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00053 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7454 CONGRESSIONAL RECORD — HOUSE December 8, 2016

‘‘(i) Programs identified as part of the Lake ‘‘(C) CRITERIA.—The strategies referred to in ‘‘SEC. 6. PROGRAM PERFORMANCE AND AC- Tahoe Basin Multi-Jurisdictional Fuel Reduc- subparagraph (B) shall provide that— COUNTABILITY. tion and Wildfire Prevention Strategy 10-Year ‘‘(i) combined inspection and decontamination ‘‘(a) PROGRAM PERFORMANCE AND ACCOUNT- Plan. stations be established and operated at not less ABILITY.— ‘‘(ii) Competitive grants for fuels work to be than 2 locations in the Lake Tahoe region; and ‘‘(1) IN GENERAL.—Of the amounts made avail- awarded by the Secretary to communities that ‘‘(ii) watercraft not be allowed to launch in able under section 10(a), not less than $5,000,000 have adopted national wildland fire codes to im- waters of the Lake Tahoe region if the shall be made available to the Secretary to carry plement the applicable portion of the 10-year watercraft has not been inspected in accordance out this section. ‘‘(2) PLANNING AGENCY.—Of the amounts de- plan described in clause (i). with the Lake Tahoe Aquatic Invasive Species ‘‘(iii) Biomass programs, including feasibility Management Plan. scribed in paragraph (1), not less than 50 per- cent shall be made available to the Planning assessments. ‘‘(D) CERTIFICATION.—The Planning Agency ‘‘(iv) Angora Fire Restoration under the juris- may certify State and local agencies to perform Agency to carry out the program oversight and diction of the Secretary. the decontamination activities described in sub- coordination activities established under sub- ‘‘(v) Washoe Tribe programs on tribal lands paragraph (C)(i) at locations outside the Lake section (d). ‘‘(b) CONSULTATION.—In carrying out this Act, within the Lake Tahoe Basin. Tahoe Basin if standards at the sites meet or ex- the Secretary, the Administrator, and the Direc- ‘‘(vi) Development of an updated Lake Tahoe ceed standards for similar sites in the Lake tors shall, as appropriate and in a timely man- Basin multijurisdictional fuel reduction and Tahoe Basin established under this paragraph. ner, consult with the heads of the Washoe wildfire prevention strategy, consistent with sec- ‘‘(E) APPLICABILITY.—The strategies and cri- Tribe, applicable Federal, State, regional, and tion 4(c). teria developed under this paragraph shall ‘‘(vii) Development of updated community apply to all watercraft to be launched on water local governmental agencies, and the Lake wildfire protection plans by local fire districts. within the Lake Tahoe region. Tahoe Federal Advisory Committee. ‘‘(c) CORPS OF ENGINEERS; INTERAGENCY ‘‘(viii) Municipal water infrastructure that ‘‘(F) FEES.—The Director of the United States AGREEMENTS.— significantly improves the firefighting capability Fish and Wildlife Service may collect and spend ‘‘(1) IN GENERAL.—The Assistant Secretary of local government within the Lake Tahoe fees for decontamination only at a level suffi- cient to cover the costs of operation of inspec- may enter into interagency agreements with Basin. non-Federal interests in the Lake Tahoe Basin ‘‘(ix) Stewardship end result contracting tion and decontamination stations under this to use Lake Tahoe Partnership-Miscellaneous projects carried out under section 604 of the paragraph. General Investigations funds to provide pro- Healthy Forests Restoration Act of 2003 (16 ‘‘(G) CIVIL PENALTIES.— grammatic technical assistance for the Environ- U.S.C. 6591c). ‘‘(i) IN GENERAL.—Any person that launches, mental Improvement Program. ‘‘(B) MINIMUM ALLOCATION.—Of the amounts attempts to launch, or facilitates launching of watercraft not in compliance with strategies de- ‘‘(2) LOCAL COOPERATION AGREEMENTS.— made available to the Secretary to carry out ‘‘(A) IN GENERAL.—Before providing technical subparagraph (A), at least $100,000,000 shall be ployed under this paragraph shall be liable for a civil penalty in an amount not to exceed $1,000 assistance under this section, the Assistant Sec- used by the Secretary for programs under sub- retary shall enter into a local cooperation agree- paragraph (A)(i). per violation. ‘‘(ii) OTHER AUTHORITIES.—Any penalties as- ment with a non-Federal interest to provide for ‘‘(C) PRIORITY.—Units of local government the technical assistance. that have dedicated funding for inspections and sessed under this subparagraph shall be sepa- rate from penalties assessed under any other au- ‘‘(B) COMPONENTS.—The agreement entered enforcement of defensible space regulations into under subparagraph (A) shall— shall be given priority for amounts provided thority. ‘‘(H) LIMITATION.—The strategies and criteria ‘‘(i) describe the nature of the technical assist- under this paragraph. under subparagraphs (B) and (C), respectively, ance; ‘‘(D) COST-SHARING REQUIREMENTS.— ‘‘(ii) describe any legal and institutional may be modified if the Secretary of the Interior, ‘‘(i) IN GENERAL.—As a condition on the re- structures necessary to ensure the effective long- in a nondelegable capacity and in consultation ceipt of funds, communities or local fire districts term viability of the end products by the non- with the Planning Agency and State govern- that receive funds under this paragraph shall Federal interest; and ments, issues a determination that alternative provide a 25-percent match. ‘‘(iii) include cost-sharing provisions in ac- measures will be no less effective at preventing ‘‘(ii) FORM OF NON-FEDERAL SHARE.— cordance with subparagraph (C). ‘‘(I) IN GENERAL.—The non-Federal share re- introduction of aquatic invasive species into ‘‘(C) FEDERAL SHARE.— quired under clause (i) may be in the form of Lake Tahoe than the strategies and criteria de- ‘‘(i) IN GENERAL.—The Federal share of pro- cash contributions or in-kind contributions, in- veloped under subparagraphs (B) and (C), re- gram costs under each local cooperation agree- cluding providing labor, equipment, supplies, spectively. ment under this paragraph shall be 65 percent. ‘‘(I) SUPPLEMENTAL AUTHORITY.—The author- space, and other operational needs. ‘‘(ii) FORM.—The Federal share may be in the ity under this paragraph is supplemental to all ‘‘(II) CREDIT FOR CERTAIN DEDICATED FUND- form of reimbursements of program costs. actions taken by non-Federal regulatory au- ING.—There shall be credited toward the non- ‘‘(iii) CREDIT.—The non-Federal interest may thorities. Federal share required under clause (i) any receive credit toward the non-Federal share for ‘‘(J) SAVINGS CLAUSE.—Nothing in this title re- dedicated funding of the communities or local the reasonable costs of related technical activi- stricts, affects, or amends any other law or the fire districts for a fuels reduction management ties completed by the non-Federal interest before authority of any department, instrumentality, program, defensible space inspections, or door- entering into a local cooperation agreement with or agency of the United States, or any State or yard chipping. the Assistant Secretary under this paragraph. political subdivision thereof, respecting the con- FFECTIVENESS VALUATION AND ONI ‘‘(III) DOCUMENTATION.—Communities and ‘‘(d) E E M - trol of invasive species. TORING.—In carrying out this Act, the Sec- local fire districts shall— ‘‘(3) STORMWATER MANAGEMENT, EROSION CON- ‘‘(aa) maintain a record of in-kind contribu- retary, the Administrator, and the Directors, in TROL, AND TOTAL WATERSHED RESTORATION.—Of coordination with the Planning Agency and the tions that describes— the amounts made available under section 10(a), ‘‘(AA) the monetary value of the in-kind con- States of California and Nevada, shall— $113,000,000 shall be made available— ‘‘(1) develop and implement a plan for inte- tributions; and ‘‘(A) to the Secretary, the Secretary of the In- ‘‘(BB) the manner in which the in-kind con- grated monitoring, assessment, and applied re- terior, the Assistant Secretary, or the Adminis- search to evaluate the effectiveness of the Envi- tributions assist in accomplishing program goals trator for the Federal share of stormwater man- and objectives; and ronmental Improvement Program; agement and related programs consistent with ‘‘(2) include funds in each program funded ‘‘(bb) document in all requests for Federal the adopted Total Maximum Daily Load and under this section for monitoring and assess- funding, and include in the total program budg- near-shore water quality goals; ment of results at the program level; and et, evidence of the commitment to provide the ‘‘(B) for grants by the Secretary and the Ad- ‘‘(3) use the integrated multiagency perform- non-Federal share through in-kind contribu- ministrator to carry out the programs described ance measures established under this section. tions. in subparagraph (A); ‘‘(e) REPORTING REQUIREMENTS.—Not later ‘‘(2) INVASIVE SPECIES MANAGEMENT.— ‘‘(C) to the Secretary or the Assistant Sec- than March 15 of each year, the Secretary, in ‘‘(A) IN GENERAL.—Of the amounts made retary for the Federal share of the Upper Truck- cooperation with the Chair, the Administrator, available under section 10(a), $45,000,000 shall ee River restoration programs and other water- the Directors, the Planning Agency, and the be made available to the Director of the United shed restoration programs identified in the Pri- States of California and Nevada, consistent with States Fish and Wildlife Service for the Aquatic ority List established under section 5(b); and subsection (a), shall submit to Congress a report Invasive Species Program and the watercraft in- ‘‘(D) for grants by the Administrator to carry that describes— spections described in subparagraph (B). out the programs described in subparagraph (C). ‘‘(1) the status of all Federal, State, local, and ‘‘(B) DESCRIPTION OF ACTIVITIES.—The Direc- ‘‘(4) SPECIAL STATUS SPECIES MANAGEMENT.— private programs authorized under this Act, in- tor of the United States Fish and Wildlife Serv- Of the amounts made available under section cluding to the maximum extent practicable, for ice, in coordination with the Assistant Sec- 10(a), $20,000,000 shall be made available to the programs that will receive Federal funds under retary, the Planning Agency, the California De- Director of the United States Fish and Wildlife this Act during the current or subsequent fiscal partment of Fish and Wildlife, and the Nevada Service for the Lahontan Cutthroat Trout Re- year— Department of Wildlife, shall deploy strategies covery Program.’’. ‘‘(A) the program scope; consistent with the Lake Tahoe Aquatic (e) PROGRAM PERFORMANCE AND ACCOUNT- ‘‘(B) the budget for the program; and Invasive Species Management Plan to prevent ABILITY.—The Lake Tahoe Restoration Act ‘‘(C) the justification for the program, con- the introduction or spread of aquatic invasive (Public Law 106–506; 114 Stat. 2351) is amended sistent with the criteria established in section species in the Lake Tahoe region. by striking section 6 and inserting the following: 5(b)(2);

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00054 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7455 ‘‘(2) Federal, State, local, and private expend- to-1 basis with funding of restoration activities vada, the Secretary may transfer the land or in- itures in the preceding fiscal year to implement in the Lake Tahoe Basin by the States of Cali- terests in land described in subparagraph (B) to the Environmental Improvement Program; fornia and Nevada. the State of Nevada without consideration, sub- ‘‘(3) accomplishments in the preceding fiscal ‘‘(d) RELOCATION COSTS.—Notwithstanding ject to appropriate deed restrictions to protect year in implementing this Act in accordance subsection (c), the Secretary shall provide to the environmental quality and public rec- with the performance measures and other moni- local utility districts two-thirds of the costs of reational use of the land transferred. toring and assessment activities; and relocating facilities in connection with— ‘‘(B) DESCRIPTION OF LAND.—The land re- ‘‘(4) public education and outreach efforts un- ‘‘(1) environmental restoration programs ferred to in subparagraph (A) includes— dertaken to implement programs authorized under sections 5 and 6; and ‘‘(i) the approximately 38.68 acres of Forest under this Act. ‘‘(2) erosion control programs under section 2 Service land identified on the map entitled ‘‘(f) ANNUAL BUDGET PLAN.—As part of the of Public Law 96–586 (94 Stat. 3381). ‘State of Nevada Conveyances’ as ‘Van Sickle annual budget of the President, the President ‘‘(e) SIGNAGE.—To the maximum extent prac- Unit USFS Inholding’; and shall submit information regarding each Federal ticable, a program provided assistance under ‘‘(ii) the approximately 92.28 acres of Forest agency involved in the Environmental Improve- this Act shall include appropriate signage at the Service land identified on the map entitled ment Program (including the Forest Service, the program site that— ‘State of Nevada Conveyances’ as ‘Lake Tahoe Environmental Protection Agency, the United ‘‘(1) provides information to the public on— Nevada State Park USFS Inholding’. ‘‘(A) the amount of Federal funds being pro- States Fish and Wildlife Service, the United ‘‘(C) CONDITIONS.—Any land conveyed under States Geological Survey, and the Corps of Engi- vided to the program; and this paragraph shall— neers), including— ‘‘(B) this Act; and ‘‘(2) displays the visual identity mark of the ‘‘(i) be for the purpose of consolidating Fed- ‘‘(1) an interagency crosscut budget that dis- Environmental Improvement Program.’’. eral and State ownerships and improving man- plays the proposed budget for use by each Fed- (1) LAND TRANSFERS TO IMPROVE MANAGEMENT agement efficiencies; eral agency in carrying out restoration activities EFFICIENCIES OF FEDERAL AND STATE LAND.— ‘‘(ii) not result in any significant changes in relating to the Environmental Improvement Pro- Section 3(b) of Public Law 96–586 (94 Stat. 3384) the uses of the land; and gram for the following fiscal year; (commonly known as the ‘‘Santini-Burton Act’’) ‘‘(iii) be subject to the condition that the ap- ‘‘(2) a detailed accounting of all amounts re- is amended— plicable deed include such terms, restrictions, ceived and obligated by Federal agencies to (A) by striking ‘‘(b) Lands’’ and inserting the covenants, conditions, and reservations as the achieve the goals of the Environmental Improve- following: Secretary determines necessary— ment Program during the preceding fiscal year; ‘‘(b) ADMINISTRATION OF ACQUIRED LAND.— ‘‘(I) to ensure compliance with this Act; and and ‘‘(1) IN GENERAL.—Land’’; and ‘‘(II) to ensure that the development rights as- ‘‘(3) a description of the Federal role in the (B) by adding at the end the following: sociated with the conveyed parcels shall not be Environmental Improvement Program, including ‘‘(2) CALIFORNIA CONVEYANCES.— recognized or available for transfer under sec- the specific role of each agency involved in the ‘‘(A) IN GENERAL.—If the State of California tion 90.2 of the Code of Ordinances for the restoration of the Lake Tahoe Basin.’’. (acting through the California Tahoe Conser- Tahoe Regional Planning Agency. (f) CONFORMING AMENDMENTS; UPDATES TO vancy and the California Department of Parks ‘‘(D) CONTINUATION OF SPECIAL USE PER- RELATED LAWS.— and Recreation) offers to donate to the United MITS.—The land conveyance under this para- (1) LAKE TAHOE RESTORATION ACT.—The Lake States the non-Federal land described in sub- graph shall be subject to the condition that the Tahoe Restoration Act (Public Law 106–506; 114 paragraph (B)(i), the Secretary— State of Nevada accept all special use permits Stat. 2351) is amended— ‘‘(i) may accept the offer; and applicable, as of the date of enactment of the (A) by striking sections 8 and 9; ‘‘(ii) convey to the State of California, subject Water Resources Development Act of 2016, to the (B) by redesignating sections 10, 11, and 12 as to valid existing rights and for no consideration, land described in subparagraph (B)(ii) for the sections 8, 9, and 10, respectively; and all right, title, and interest of the United States duration of the special use permits, and subject (C) in section 9 (as redesignated by subpara- in and to the Federal land. to the terms and conditions of the special use graph (B)) by inserting ‘‘, Director, or Adminis- ‘‘(B) DESCRIPTION OF LAND.— permits. trator’’ after ‘‘Secretary’’. ‘‘(i) NON-FEDERAL LAND.—The non-Federal ‘‘(4) AUTHORIZATION FOR CONVEYANCE OF FOR- (2) TAHOE REGIONAL PLANNING COMPACT.— land referred to in subparagraph (A) includes— EST SERVICE URBAN LOTS.— Subsection (c) of Article V of the Tahoe Re- ‘‘(I) the approximately 1,936 acres of land ad- ‘‘(A) CONVEYANCE AUTHORITY.—Except in the gional Planning Compact (Public Law 96–551; 94 ministered by the California Tahoe Conservancy case of land described in paragraphs (2) and (3), Stat. 3240) is amended in the third sentence by and identified on the Maps as ‘Tahoe Conser- the Secretary of Agriculture may convey any inserting ‘‘and, in so doing, shall ensure that vancy to the USFS’; and urban lot within the Lake Tahoe Basin under the regional plan reflects changing economic ‘‘(II) the approximately 183 acres of land ad- the administrative jurisdiction of the Forest conditions and the economic effect of regulation ministered by California State Parks and identi- Service. fied on the Maps as ‘Total USFS to California’. on commerce’’ after ‘‘maintain the regional ‘‘(B) CONSIDERATION.—A conveyance under ‘‘(ii) FEDERAL LAND.—The Federal land re- plan’’. subparagraph (A) shall require consideration in ferred to in subparagraph (A) includes the ap- (3) TREATMENT UNDER TITLE 49, UNITED STATES an amount equal to the fair market value of the proximately 1,995 acres of Forest Service land CODE.—Section 5303(r)(2)(C) of title 49, United conveyed lot. identified on the Maps as ‘U.S. Forest Service to States Code, is amended— ‘‘(C) AVAILABILITY AND USE.—The proceeds Conservancy and State Parks’. (A) by inserting ‘‘and 25 square miles of land from a conveyance under subparagraph (A) ‘‘(C) CONDITIONS.—Any land conveyed under area’’ after ‘‘145,000’’; and shall be retained by the Secretary of Agriculture this paragraph shall— (B) by inserting ‘‘and 12 square miles of land and used for— area’’ after ‘‘65,000’’. ‘‘(i) be for the purpose of consolidating Fed- eral and State ownerships and improving man- ‘‘(i) purchasing inholdings throughout the (g) AUTHORIZATION OF APPROPRIATIONS.—The Lake Tahoe Basin; or Lake Tahoe Restoration Act (Public Law 106– agement efficiencies; ‘‘(ii) not result in any significant changes in ‘‘(ii) providing additional funds to carry out 506; 114 Stat. 2351) is amended by striking sec- the uses of the land; and the Lake Tahoe Restoration Act (Public Law tion 10 (as redesignated by subsection (f)(1)(B)) ‘‘(iii) be subject to the condition that the ap- 106–506; 114 Stat. 2351) in excess of amounts and inserting the following: plicable deed include such terms, restrictions, made available under section 10 of that Act. ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. covenants, conditions, and reservations as the ‘‘(D) OBLIGATION LIMIT.—The obligation and ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— Secretary determines necessary— expenditure of proceeds retained under this There is authorized to be appropriated to carry ‘‘(I) to ensure compliance with this Act; and paragraph shall be subject to such fiscal year out this Act $415,000,000 for a period of 7 fiscal ‘‘(II) to ensure that the transfer of develop- limitation as may be specified in an Act making years beginning the first fiscal year after the ment rights associated with the conveyed par- appropriations for the Forest Service for a fiscal date of enactment of the Water Resources Devel- cels shall not be recognized or available for year. opment Act of 2016. transfer under chapter 51 of the Code of Ordi- ‘‘(5) REVERSION.—If a parcel of land trans- ‘‘(b) EFFECT ON OTHER FUNDS.—Amounts au- nances for the Tahoe Regional Planning Agen- ferred under paragraph (2) or (3) is used in a thorized under this section and any amendments cy. manner that is inconsistent with the use de- made by this Act— ‘‘(D) CONTINUATION OF SPECIAL USE PER- scribed for the parcel of land in paragraph (2) ‘‘(1) shall be in addition to any other amounts MITS.—The land conveyance under this para- or (3), respectively, the parcel of land, shall, at made available to the Secretary, the Adminis- graph shall be subject to the condition that the the discretion of the Secretary, revert to the trator, or the Directors for expenditure in the State of California accept all special use permits United States. Lake Tahoe Basin; and applicable, as of the date of enactment of the ‘‘(6) FUNDING.— ‘‘(2) shall not reduce allocations for other Re- Water Resources Development Act of 2016, to the ‘‘(A) IN GENERAL.—Of the amounts made gions of the Forest Service, the Environmental land described in subparagraph (B)(ii) for the available under section 10(a) of the Lake Tahoe Protection Agency, or the United States Fish duration of the special use permits, and subject Restoration Act (Public Law 106–506; 114 Stat. and Wildlife Service. to the terms and conditions of the special use 2351), $2,000,000 shall be made available to the ‘‘(c) COST-SHARING REQUIREMENT.—Except as permits. Secretary to carry out the activities under para- provided in subsection (d) and section ‘‘(3) NEVADA CONVEYANCES.— graphs (2), (3), and (4). 5(d)(1)(D), funds for activities carried out under ‘‘(A) IN GENERAL.—In accordance with this ‘‘(B) OTHER FUNDS.—Of the amounts available section 5 shall be available for obligation on a 1- section and on request by the Governor of Ne- to the Secretary under paragraph (1), not less

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00055 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7456 CONGRESSIONAL RECORD — HOUSE December 8, 2016 than 50 percent shall be provided to the Cali- party and any decision by the United States re- rights be converted to a long-term easement or fornia Tahoe Conservancy to facilitate the con- garding participation in any such proceeding other right-of-way. veyance of land described in paragraphs (2) and shall not be subject to judicial review or give rise (3) DETERMINATION.—The Secretary of the In- (3).’’. to any claim for relief against the United States. terior shall grant or deny an application sub- SEC. 3604. TUOLUMNE BAND OF ME-WUK INDIANS. ‘‘(e) ALLOTTEES.—Congress finds and confirms mitted under paragraph (2)(B) not later than (a) FEDERAL LAND.—Subject to valid existing that the benefits to allottees in the Settlement 180 days after the application is submitted. Such rights, all right, title, and interest (including Agreement, including the remedies and provi- a determination shall be considered a final ac- improvements and appurtenances) of the United sions requiring that any rights of allottees shall tion. If the Secretary does not make a deter- States in and to the Federal land described in be satisfied from supplemental water and other mination within 180 days after the application subsection (b) shall be held in trust by the water available to the Bands or the Indian is submitted, the application shall be deemed to United States for the benefit of the Tuolumne Water Authority, are equitable and fully satisfy be granted. Band of Me-Wuk Indians for nongaming pur- the water rights of the allottees. (e) RESTRICTION ON GAMING.—Lands taken poses. ‘‘(f) NO PRECEDENT.—Nothing in this Act into trust pursuant to subsection (a) shall not be (b) LAND DESCRIPTION.—The land taken into shall be construed or interpreted as a precedent considered to have been taken into trust for, trust under subsection (a) is the approximately for the litigation or settlement of Indian re- and shall not be eligible for, class II gaming or 80 acres of Federal land under the administra- served water rights.’’. class III gaming (as those terms are defined in tive jurisdiction of the United States Forest (b) DISBURSEMENT OF FUNDS.—The second section 4 of the Indian Gaming Regulatory Act Service, located in Tuolumne County, Cali- sentence of section 105(b)(1) of the San Luis Rey (25 U.S.C. 2703)). fornia, and described as follows: Indian Water Rights Settlement Act (Public Law SEC. 3607. MORONGO BAND OF MISSION INDIANS. (1) Southwest 1/4 of Southwest 1/4 of Section 2, 100–675) is amended by striking the period at the (a) DEFINITIONS.—For the purposes of this Township 1 North, Range 16 East. end, and inserting the following: ‘‘, provided section, the following definitions apply: (2) Northeast 1/4 of Northwest 1/4 of Section that— (1) BANNING.—The term ‘‘Banning’’ means the 11, Township 1 North, Range 16 East of the ‘‘(i) no more than $3,700,000 per year (in prin- City of Banning, which is located in Riverside Mount Diablo Meridian. cipal, interest or both) may be so allocated; and County, California adjacent to the Morongo In- (c) GAMING.—Class II and class III gaming (as ‘‘(ii) none of the funds made available by this dian Reservation. those terms are defined in section 4 of the In- section shall be available unless the Director of (2) FIELDS.—The term ‘‘Fields’’ means Lloyd dian Gaming Regulatory Act (25 U.S.C. 2703)) the Office of Management and Budget first cer- L. Fields, the owner of record of Parcel A. shall not be permitted at any time on the land tifies in writing to the Committee on Natural Re- (3) MAP.—The term ‘‘map’’ means the map en- taken into trust under subsection (a). sources of the House of Representatives and the titled ‘Morongo Indian Reservation, County of SEC. 3605. SAN LUIS REY SETTLEMENT AGREE- Committee on Indian Affairs of the Senate that Riverside, State of California Land Exchange MENT IMPLEMENTATION. the federal budget will record budgetary outlays Map’, and dated May 22, 2014, which is on file (a) SAN LUIS REY SETTLEMENT AGREEMENT from the San Luis Rey Tribal Development in the Bureau of Land Management State Office IMPLEMENTATION.—The San Luis Rey Indian Fund of only the monies, not to exceed in Sacramento, California. Water Rights Settlement Act (Public Law 100– $3,700,000 annually, that the Secretary of the (4) PARCEL A.—The term ‘‘Parcel A’’ means 675) is amended by inserting after section 111 the Treasury, pursuant to this section, allocates the approximately 41.15 acres designated on the following: and makes available to the Indian Water Au- map as ‘‘Fields lands’’. ‘‘SEC. 112. IMPLEMENTATION OF SETTLEMENT. thority from the trust fund.’’. (5) PARCEL B.—The term ‘‘Parcel B’’ means ‘‘(a) FINDINGS.—Congress finds and recognizes SEC. 3606. TULE RIVER INDIAN TRIBE. the approximately 41.15 acres designated on the as follows: (a) IN GENERAL.—Subject to subsection (b), map as ‘‘Morongo lands’’. ‘‘(1) The City of Escondido, California, the valid, existing rights, and management agree- (6) PARCEL C.—The term ‘‘Parcel C’’ means Vista Irrigation District, the San Luis Rey River ments related to easements and rights-of-way, the approximately 1.21 acres designated on the Indian Water Authority, and the Bands have all right, title, and interest (including improve- map as ‘‘Banning land’’. approved an agreement, dated December 5, 2014, ments and appurtenances) of the United States (7) PARCEL D.—The term ‘‘Parcel D’’ means resolving their disputes over the use of certain in and to the approximately 34 acres of Federal the approximately 1.76 acres designated on the land and water rights in or near the San Luis lands generally depicted on the map titled ‘‘Pro- map as ‘‘Easement to Banning’’. Rey River watershed, the terms of which are posed Lands to be Held in Trust for the Tule (8) SECRETARY.—The term ‘‘Secretary’’ means consistent with this Act. River Tribe’’ and dated May 14, 2015, are hereby the Secretary of the Interior. ‘‘(2) The Bands, the San Luis Rey River In- held in trust by the United States for the benefit (9) TRIBE.—The term ‘‘Tribe’’ means the dian Water Authority, the City of Escondido, of the Tule River Indian Tribe. Morongo Band of Mission Indians, a federally California, the Vista Irrigation District, and the (b) EASEMENTS AND RIGHTS-OF-WAY.—For the recognized Indian tribe. United States have approved a Settlement purposes of subsection (a), valid, existing rights (b) TRANSFER OF LANDS; TRUST LANDS, EASE- Agreement dated January 30, 2015 (hereafter in include any easement or right-of-way for which MENT.— this section referred to as the ‘Settlement Agree- an application is pending with the Bureau of (1) TRANSFER OF PARCEL A AND PARCEL B AND ment’) that conforms to the requirements of this Land Management on the date of the enactment EASEMENT OVER PARCEL D.—Subject to any valid Act. of this Act. If such application is denied upon existing rights of any third parties and to legal ‘‘(b) APPROVAL AND RATIFICATION.—All provi- final action, the valid, existing right related to review and approval of the form and content of sions of the Settlement Agreement, including the the application shall cease to exist. any and all instruments of conveyance and poli- waivers and releases of the liability of the (c) AVAILABILITY OF MAP.—The map referred cies of title insurance, upon receipt by the Sec- United States, the provisions regarding allottees, to in subsection (a) shall be on file and avail- retary of confirmation that Fields has duly exe- and the provision entitled ‘Effect of Settlement able for public inspection at the office of the cuted and deposited with a mutually acceptable Agreement and Act,’ are hereby approved and California State Director, Bureau of Land Man- and jointly instructed escrow holder in Cali- ratified. agement. fornia a deed conveying clear and ‘‘(c) AUTHORIZATIONS.—The Secretary and the (d) CONVERSION OF VALID, EXISTING RIGHTS.— unencumbered title to Parcel A to the United Attorney General are authorized to execute, on (1) CONTINUITY OF USE.—Any person claiming States in trust for the exclusive use and benefit behalf of the United States, the Settlement in good faith to have valid, existing rights to of the Tribe, and upon receipt by Fields of con- Agreement and any amendments approved by lands taken into trust by this section may con- firmation that the Secretary has duly executed the parties as necessary to make the Settlement tinue to exercise such rights to the same extent and deposited into escrow with the same mutu- Agreement consistent with this Act. Such execu- that the rights were exercised before the date of ally acceptable and jointly instructed escrow tion shall not constitute a major Federal action the enactment of this Act until the Secretary holder a patent conveying clear and under the National Environmental Policy Act of makes a determination on an application sub- unencumbered title in fee simple to Parcel B to 1969 (42 U.S.C. 4321 et seq.). The Secretary is mitted under paragraph (2)(B) or the applica- Fields and has duly executed and deposited into further authorized and directed to take all steps tion is deemed to be granted under paragraph escrow with the same mutually acceptable and that the Secretary may deem necessary or ap- (3). jointly instructed escrow holder an easement to propriate to implement the Settlement Agree- (2) NOTICE AND APPLICATION.—Consistent with the City for a public right-of-way over Parcel D, ment and this Act. sections 2800 through 2880 of title 43, Code of the Secretary shall instruct the escrow holder to ‘‘(d) CONTINUED FEDERALLY RESERVED AND Federal Regulations, as soon as practicable simultaneously cause— OTHER WATER RIGHTS.— after the date of the enactment of this Act, the (A) the patent to Parcel B to be recorded and ‘‘(1) IN GENERAL.—Notwithstanding any other Secretary of the Interior shall notify any person issued to Fields; provision of law, including any provisions in that claims to have valid, existing rights, such (B) the easement over Parcel D to be recorded this Act, the Bands had, have, and continue to as a management agreement, easement, or other and issued to the City; and possess federally reserved rights and other water right-of-way, to lands taken into trust under (C) the deed to Parcel A to be delivered to the rights held in trust by the United States. subsection (a) that— Secretary, who shall immediately cause said ‘‘(2) FUTURE PROCEEDINGS.—In any pro- (A) such lands have been taken into trust; deed to be recorded and held in trust for the ceeding involving the assertion, enforcement, or and Tribe. defense of the rights described in this sub- (B) the person claiming the valid, existing (2) TRANSFER OF PARCEL C.—After the simulta- section, the United States, in its capacity as rights has 60 days to submit an application to neous transfer of parcels A, B, and D under trustee for any Band, shall not be a required the Secretary requesting that the valid, existing paragraph (1), upon receipt by the Secretary of

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00056 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7457

confirmation that the City has vacated its inter- (8) ATOKA AND SARDIS CONSERVATION PROJECTS (xix) Pittsburgh. est in Parcel C pursuant to all applicable State FUND.—The term ‘‘Atoka and Sardis Conserva- (xx) Pontotoc. and local laws, the Secretary shall immediately tion Projects Fund’’ means the Atoka and Sar- (xxi) Pushmataha. cause Parcel C to be held in trust for the Tribe dis Conservation Projects Fund established, (xxii) Stephens. subject to— funded, and managed in accordance with the (19) SETTLEMENT AREA WATERS.—The term (A) any valid existing rights of any third par- Settlement Agreement. ‘‘settlement area waters’’ means the waters lo- ties; and (9) CITY.—The term ‘‘City’’ means the City of cated— (B) legal review and approval of the form and Oklahoma City, or the City and the Trust acting (A) within the settlement area; and content of any and all instruments of convey- jointly, as applicable. (B) within a basin depicted in Exhibit 10 to ance. (10) CITY PERMIT.—The term ‘‘City permit’’ the Settlement Agreement, including any of the SEC. 3608. CHOCTAW NATION OF OKLAHOMA AND means any permit issued to the City by the following basins as denominated in the 2012 Up- THE CHICKASAW NATION WATER OWRB pursuant to the amended permit applica- date of the Oklahoma Comprehensive Water SETTLEMENT. tion and consistent with the Settlement Agree- Plan: (a) PURPOSES.—The purposes of this section ment. (i) Beaver Creek (24, 25, and 26). are— (11) CONSERVATION STORAGE CAPACITY.—The (ii) Blue (11 and 12). (1) to permanently resolve and settle those term ‘‘conservation storage capacity’’ means the (iii) Clear Boggy (9). claims to Settlement Area Waters of the Choc- total storage space as stated in the 1974 storage (iv) Kiamichi (5 and 6). taw Nation of Oklahoma and the Chickasaw contract in Sardis Lake between elevations 599.0 (v) Lower Arkansas (46 and 47). Nation as set forth in the Settlement Agreement feet above mean sea level and 542.0 feet above (vi) Lower Canadian (48, 56, 57, and 58). and this section, including all claims or defenses mean sea level, which is estimated to contain (vii) Lower Little (2). in and to Chickasaw Nation, Choctaw Nation v. 297,200 acre-feet of water after adjustment for (viii) Lower Washita (14). Fallin et al., CIV 11–927 (W.D. Ok.), OWRB v. sediment deposits, and which may be used for (ix) Mountain Fork (4). United States, et al. CIV 12–275 (W.D. Ok.), or municipal and industrial water supply, fish and (x) Middle Washita (15 and 16). any future stream adjudication; wildlife, and recreation. (xi) Mud Creek (23). (2) to approve, ratify, and confirm the Settle- (12) ENFORCEABILITY DATE.—The term ‘‘en- (xii) Muddy Boggy (7 and 8). ment Agreement; forceability date’’ means the date on which the (xiii) Poteau (44 and 45). (3) to authorize and direct the Secretary of the Secretary of the Interior publishes in the Fed- (xiv) Red River Mainstem (1, 10, 13, and 21). Interior to execute the Settlement Agreement eral Register a notice certifying that the condi- (xv) Upper Little (3). (xvi) Walnut Bayou (22). and to perform all obligations of the Secretary tions of subsection (i) have been satisfied. (20) STATE.—The term ‘‘State’’ means the of the Interior under the Settlement Agreement (13) FUTURE USE STORAGE.—The term ‘‘future and this section; use storage’’ means that portion of the con- State of Oklahoma. (21) TRUST.— (4) to approve, ratify, and confirm the amend- servation storage capacity that was designated (A) IN GENERAL.—The term ‘‘Trust’’ means the ed storage contract among the State, the City by the 1974 Contract to be utilized for future Oklahoma City Water Utilities Trust, formerly and the Trust; water use storage and was estimated to contain known as the Oklahoma City Municipal Im- (5) to authorize and direct the Secretary to 155,500 acre feet of water after adjustment for provement Authority, a public trust established approve the amended storage contract for the sediment deposits, or 52.322 percent of the con- pursuant to State law with the City as the bene- Corps of Engineers to perform all obligations servation storage capacity. ficiary. under the 1974 storage contract, the amended (14) NATIONS.—The term ‘‘Nations’’ means, (B) REFERENCES.—A reference in this section storage contract, and this section; and collectively, the Choctaw Nation of Oklahoma to ‘‘Trust’’ refers to the Oklahoma City Water (6) to authorize all actions necessary for the (‘‘Choctaw Nation’’) and the Chickasaw Nation. Utilities Trust, acting severally. United States to meet its obligations under the (15) OWRB.—The term ‘‘OWRB’’ means the Settlement Agreement, the amended storage con- Oklahoma Water Resources Board. (22) UNITED STATES.—The term ‘‘United States’’ means the United States of America act- tract, and this section. (16) SARDIS LAKE.—The term ‘‘Sardis Lake’’ (b) DEFINITIONS.—In this section: means the reservoir, formerly known as Clayton ing in its capacity as trustee for the Nations, (1) 1974 STORAGE CONTRACT.—The term ‘‘1974 Lake, whose dam is located in Section 19, Town- their respective members, citizens, and allottees, storage contract’’ means the contract approved ship 2 North, Range 19 East of the Indian Me- or as specifically stated or limited in any given by the Secretary on April 9, 1974, between the ridian, Pushmataha County, Oklahoma, the reference herein, in which case it means the Secretary and the Water Conservation Storage construction, operation, and maintenance of United States of America acting in the capacity Commission of the State of Oklahoma pursuant which was authorized by section 203 of the as set forth in said reference. to section 301 of the Water Supply Act of 1958, Flood Control Act of 1962 (Public Law 87–874; 76 (c) APPROVAL OF THE SETTLEMENT AGREE- and other applicable Federal law. Stat. 1187). MENT.— (1) RATIFICATION.— (2) 2010 AGREEMENT.—The term ‘‘2010 agree- (17) SETTLEMENT AGREEMENT.—The term ‘‘Set- ment’’ means the agreement entered into among tlement Agreement’’ means the settlement agree- (A) IN GENERAL.—Except as modified by this the OWRB and the Trust, dated June 15, 2010, ment as approved by the Nations, the State, the section, and to the extent the Settlement Agree- relating to the assignment by the State of the City, and the Trust effective August 22, 2016, as ment does not conflict with this section, the Set- 1974 storage contract and transfer of rights, revised to conform with this section, as applica- tlement Agreement is authorized, ratified, and title, interests, and obligations under that con- ble. confirmed. (B) AMENDMENTS.—If an amendment is exe- tract to the Trust, including the interests of the (18) SETTLEMENT AREA.—The term ‘‘settlement State in the conservation storage capacity and area’’ means— cuted to make the Settlement Agreement con- associated repayment obligations to the United (A) the area lying between— sistent with this section, the amendment is also States. (i) the South Canadian River and Arkansas authorized, ratified and confirmed to the extent (3) ADMINISTRATIVE SET-ASIDE SUB- River to the north; the amendment is consistent with this section. CONTRACTS.—The term ‘‘administrative set-aside (ii) the Oklahoma–Texas State line to the (2) EXECUTION OF SETTLEMENT AGREEMENT.— subcontracts’’ means the subcontracts the City south; (A) IN GENERAL.—To the extent the Settlement shall issue for the use of Conservation Storage (iii) the Oklahoma–Arkansas State line to the Agreement does not conflict with this section, Capacity in Sardis Lake as provided by section east; and the Secretary of the Interior shall promptly exe- 4 of the amended storage contract. (iv) the 98th Meridian to the west; and cute the Settlement Agreement, including all ex- (4) ALLOTMENT.—The term ‘‘allotment’’ means (B) the area depicted in Exhibit 1 to the Set- hibits to or parts of the Settlement Agreement the land within the Settlement Area held by an tlement Agreement and generally including the requiring the signature of the Secretary of the allottee subject to a statutory restriction on following counties, or portions of, in the State: Interior and any amendments necessary to make alienation or held by the United States in trust (i) Atoka. the Settlement Agreement consistent with this for the benefit of an allottee. (ii) Bryan. section. (5) ALLOTTEE.—The term ‘‘allottee’’ means an (iii) Carter. (B) NOT A MAJOR FEDERAL ACTION.—Execution enrolled member of the Choctaw Nation or cit- (iv) Choctaw. of the Settlement Agreement by the Secretary of izen of the Chickasaw Nation who, or whose es- (v) Coal. the Interior under this subsection shall not con- tate, holds an interest in an allotment. (vi) Garvin. stitute a major Federal action under the Na- (6) AMENDED PERMIT APPLICATION.—The term (vii) Grady. tional Environmental Policy Act of 1969 (42 ‘‘amended permit application’’ means the permit (viii) McClain. U.S.C. 4321 et seq.). application of the City to the OWRB, No. 2007– (ix) Murray. (d) APPROVAL OF THE AMENDED STORAGE CON- 17, as amended as provided by the Settlement (x) Haskell. TRACT AND 1974 STORAGE CONTRACT.— Agreement. (xi) Hughes. (1) RATIFICATION.— (7) AMENDED STORAGE CONTRACT TRANSFER (xii) Jefferson. (A) IN GENERAL.—Except to the extent any AGREEMENT; AMENDED STORAGE CONTRACT.—The (xiii) Johnston. provision of the amended storage contract con- terms ‘‘amended storage contract transfer agree- (xiv) Latimer. flicts with any provision of this section, the ment’’ and ‘‘amended storage contract’’ mean (xv) LeFlore. amended storage contract is authorized, ratified, the 2010 Agreement between the City, the Trust, (xvi) Love. and confirmed. and the OWRB, as amended, as provided by the (xvii) Marshall. (B) 1974 STORAGE CONTRACT.—To the extent Settlement Agreement and this section. (xviii) McCurtain. the amended storage contract, as authorized,

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00057 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7458 CONGRESSIONAL RECORD — HOUSE December 8, 2016 ratified, and confirmed, modifies or amends the Secretary of the amended storage contract, and without a permit or any other authorization 1974 storage contract, the modification or the waiver of future use storage under para- from the OWRB. amendment to the 1974 storage contract is au- graph (5) shall not constitute a major oper- (D) FUTURE CHANGES IN STATE LAW.— thorized, ratified, and confirmed. ational change under section 301(e) of the Water (i) IN GENERAL.—If State law changes to limit (C) AMENDMENTS.—To the extent an amend- Supply Act of 1958 (43 U.S.C. 390b(e)). use of water to a quantity that is less than the ment is executed to make the amended storage (7) NO FURTHER AUTHORIZATION REQUIRED.— applicable quantity specified in subparagraph contract consistent with this section, the amend- This section shall be considered sufficient and (B) or (C), as applicable, an allottee shall retain ment is authorized, ratified, and confirmed. complete authorization, without further study the right to use water in accord with those sub- (2) APPROVAL BY THE SECRETARY.—After the or analysis, for— paragraphs, subject to paragraphs (6)(B)(iv) State and the City execute the amended storage (A) the Secretary to approve the amended and (7). contract, the Secretary shall approve the storage contract; and (ii) OPPORTUNITY TO BE HEARD.—Prior to tak- amended storage contract. (B) after approval under subparagraph (A), ing any action to limit the use of water by an (3) MODIFICATION OF SEPTEMBER 11, 2009, the Corps of Engineers to manage storage in individual, the OWRB shall provide to the indi- ORDER IN UNITED STATES V. OKLAHOMA WATER Sardis Lake pursuant to and in accordance with vidual an opportunity to demonstrate that the RESOURCES BOARD, CIV 98–00521 (N.D. OK).—The the 1974 storage contract, the amended storage individual is— Secretary, through counsel, shall cooperate and contract, and the Settlement Agreement. (I) an allottee; and work with the State to file any motion and pro- (e) SETTLEMENT AREA WATERS.— (II) using water on the allotment pursuant to posed order to modify or amend the order of the (1) FINDINGS.—Congress finds that— and in accordance with the Settlement Agree- United States District Court for the Northern (A) pursuant to the Atoka Agreement as rati- ment and this section. District of Oklahoma dated September 11, 2009, fied by section 29 of the Act of June 28, 1898 (30 (6) ALLOTTEE OPTIONS FOR ADDITIONAL necessary to conform the order to the amended Stat. 505, chapter 517) (as modified by the Act of WATER.— storage contract transfer agreement, the Settle- July 1, 1902 (32 Stat. 641, chapter 1362)), the Na- (A) IN GENERAL.—To use a quantity of water ment Agreement, and this section. tions issued patents to their respective tribal in excess of the quantities provided under para- (4) CONSERVATION STORAGE CAPACITY.—The members and citizens and thereby conveyed to graph (5), an allottee shall— allocation of the use of the conservation storage individual Choctaws and Chickasaws, all right, (i) file an action under subparagraph (B); or (ii) apply to the OWRB for a permit pursuant capacity in Sardis Lake for administrative set- title, and interest in and to land that was pos- to, and in accordance with, State law. aside subcontracts, City water supply, and fish sessed by the Nations, other than certain min- (B) DETERMINATION IN FEDERAL DISTRICT and wildlife and recreation as provided by the eral rights; and (B) when title passed from the Nations to their COURT.— amended storage contract is authorized, ratified (i) IN GENERAL.—In lieu of applying to the and approved. respective tribal members and citizens, the Na- tions did not convey and those individuals did OWRB for a permit to use more water than is (5) ACTIVATION; WAIVER.— allowed under paragraph (5), an allottee may (A) FINDINGS.—Congress finds that— not receive any right of regulatory or sovereign file an action in the United States District Court (i) the earliest possible activation of any in- authority, including with respect to water. for the Western District of Oklahoma for deter- crement of future use storage in Sardis Lake (2) PERMITTING, ALLOCATION, AND ADMINIS- mination of the right to water of the allottee. At will not occur until after 2050; and TRATION OF SETTLEMENT AREA WATERS PURSUANT least 90 days prior to filing such an action, the (ii) the obligation to make annual payments TO THE SETTLEMENT AGREEMENT.—Beginning on allottee shall provide written notice of the suit for the Sardis future use storage operation, the enforceability date, settlement area waters to the United States and the OWRB. For the maintenance and replacement costs, capital shall be permitted, allocated, and administered United States, notice shall be provided to the costs, or interest attributable to Sardis future by the OWRB in accordance with the Settlement Solicitor’s Office, Department of the Interior, use storage only arises if, and only to the ex- Agreement and this section. Washington D.C., and to the Office of the Re- tent, that an increment of Sardis future use (3) CHOCTAW NATION AND CHICKASAW NA- gional Director of the Muskogee Region, Bureau storage is activated by withdrawal or release of TION.—Beginning on the enforceability date, the of Indian Affairs, Department of the Interior. water from the future use storage that is au- Nations shall have the right to use and to de- (ii) JURISDICTION.—For purposes of this sub- thorized by the user for a consumptive use of velop the right to use settlement area waters only in accordance with the Settlement Agree- section— water. (I) the United States District Court for the (B) WAIVER OF OBLIGATIONS FOR STORAGE ment and this section. (4) WAIVER AND DELEGATION BY NATIONS.—In Western District of Oklahoma shall have juris- THAT IS NOT ACTIVATED.—Notwithstanding sec- addition to the waivers under subsection (h), diction; and tion 301 of the Water Supply Act of 1958 (43 (II) as part of the complaint, the allottee shall U.S.C. 390b), section 203 of the Flood Control the Nations, on their own behalf, shall perma- nently delegate to the State any regulatory au- include certification of the pre-filing notice to Act of 1962 (Public Law 87–874; 76 Stat. 1187), the United States and OWRB required by sub- the 1974 storage contract, or any other provision thority each Nation may possess over water rights on allotments, which the State shall exer- paragraph (B)(i). If such certification is not in- of law, effective as of January 1, 2050— cluded with the complaint, the complaint will be (i) the entirety of any repayment obligations cise in accordance with the Settlement Agree- ment and this subsection. deemed filed 90 days after such certification is (including interest), relating to that portion of complete and filed with the court. Within 60 conservation storage capacity allocated by the (5) RIGHT TO USE WATER.— (A) IN GENERAL.—An allottee may use water days after the complaint is filed or deemed filed 1974 storage contract to future use storage in on an allotment in accordance with the Settle- or within such extended time as the District Sardis Lake is waived and shall be considered ment Agreement and this subsection. Court in its discretion may permit, the United nonreimbursable; and (B) SURFACE WATER USE.— States may appear or intervene. After such ap- (ii) any obligation of the State and, on execu- (i) IN GENERAL.—An allottee may divert and pearance, intervention or the expiration of the tion and approval of the amended storage con- use, on the allotment of the allottee, 6 acre-feet said 60 days or any extension thereof, the pro- tract, of the City and the Trust, under the 1974 per year of surface water per 160 acres, to be ceedings and judgment in such action shall bind storage contract regarding capital costs and any used solely for domestic uses on an allotment the United States and the parties thereto with- operation, maintenance, and replacement costs that constitutes riparian land under applicable out regard to whether the United States elects to and interest otherwise attributable to future use State law as of the date of enactment of this appear or intervene in such action. storage in Sardis Lake is waived and shall be Act. (iii) REQUIREMENTS.—An allottee filing an ac- nonreimbursable, if by January 1, 2050, the right (ii) EFFECT OF STATE LAW.—The use of surface tion pursuant to this subparagraph shall— to future use storage is not activated by the water described in clause (i) shall be subject to (I) join the OWRB as a party; and withdrawal or release of water from future use all rights and protections of State law, as of the (II) publish notice in a newspaper of general storage for an authorized consumptive use of date of enactment of this Act, including all pro- circulation within the Settlement Area Hydro- water. tections against loss for nonuse. logic Basin for 2 consecutive weeks, with the (6) CONSISTENT WITH AUTHORIZED PURPOSES; (iii) NO PERMIT REQUIRED.—An allottee may first publication appearing not later than 30 NO MAJOR OPERATIONAL CHANGE.— divert water under this subsection without a days after the date on which the action is filed. (A) CONSISTENT WITH AUTHORIZED PURPOSE.— permit or any other authorization from the (iv) DETERMINATION FINAL.— The amended storage contract, the approval of OWRB. (I) IN GENERAL.—Subject to subclause (II), if the Secretary of the amended storage contract, (C) GROUNDWATER USE.— an allottee elects to have the rights of the allot- and the waiver of future use storage under (i) IN GENERAL.—An allottee may drill wells on tee determined pursuant to this subparagraph, paragraph (5)— the allotment of the allottee to take and use for the determination shall be final as to any rights (i) are deemed consistent with the authorized domestic uses the greater of— under Federal law and in lieu of any rights to purposes for Sardis Lake as described in section (I) 5 acre-feet per year; or use water on an allotment as provided in para- 203 of the Flood Control Act of 1962 (Public Law (II) any greater quantity allowed under State graph (5). 87–874; 76 Stat. 1187) and do not affect the au- law. (II) RESERVATION OF RIGHTS.—Subclause (I) thorized purposes for which the project was au- (ii) EFFECT OF STATE LAW.—The groundwater shall not preclude an allottee from— thorized, surveyed, planned, and constructed; use described in clause (i) shall be subject to all (aa) applying to the OWRB for water rights and rights and protections of State law, as of the pursuant to State law; or (ii) shall not constitute a reallocation of stor- date of enactment of this Act, including all pro- (bb) using any rights allowed by State law age. tections against loss for nonuse. that do not require a permit from the OWRB. (B) NO MAJOR OPERATIONAL CHANGE.—The (iii) NO PERMIT REQUIRED.—An allottee may (7) OWRB ADMINISTRATION AND ENFORCE- amended storage contract, the approval of the drill wells and use water under this subsection MENT.—

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00058 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7459

(A) IN GENERAL.—If an allottee exercises any (A) all of the following claims asserted or from such damages, losses, injuries, interference right under paragraph (5) or has rights deter- which could have been asserted in any pro- with, diversion, storage, taking, or use of water) mined under paragraph (6)(B), the OWRB shall ceeding filed or that could have been filed dur- attributable to the lawful exercise of Permit have jurisdiction to administer those rights. ing the period ending on the enforceability date, Numbers P80–48 and 54–613 for water rights from (B) CHALLENGES.—An allottee may challenge including Chickasaw Nation, Choctaw Nation v. the Muddy Boggy River for Atoka Reservoir and OWRB administration of rights determined Fallin et al., CIV 11–927 (W.D. Ok.), OWRB v. P73–282D for water rights from the Muddy under this paragraph, in the United States Dis- United States, et al. CIV 12–275 (W.D. Ok.), or Boggy River, including McGee Creek, for the trict Court for the Western District of Okla- any general stream adjudication, relating to— McGee Creek Reservoir, that accrued during the homa. (i) claims to the ownership of water in the period ending on the enforceability date; (8) PRIOR EXISTING STATE LAW RIGHTS.—Water State; (G) all claims and objections relating to the rights held by an allottee as of the enforce- (ii) claims to water rights and rights to use approval by the Secretary of the assignment of ability date pursuant to a permit issued by the water diverted or taken from a location within the 1974 storage contract pursuant to the OWRB shall be governed by the terms of that the State; amended storage contract; and permit and applicable State law (including regu- (iii) claims to authority over the allocation (H) all claims for damages, losses, or injuries lations). and management of water and administration of to water rights or water, or claims of inter- (f) CITY PERMIT FOR APPROPRIATION OF water rights, including authority over third- ference with, diversion, storage, taking, or use STREAM WATER FROM THE KIAMICHI RIVER.— party ownership of or rights to use water di- of water (including claims for injury to land re- The City permit shall be processed, evaluated, verted or taken from a location within the State sulting from such damages, losses, injuries, in- issued, and administered consistent with and in and ownership or use of water on allotments by terference with, diversion, storage, taking, or accordance with the Settlement Agreement and allottees or any other person using water on an use of water) attributable to the lawful exercise this section. allotment with the permission of an allottee; of rights pursuant to the amended storage con- (g) SETTLEMENT COMMISSION.— (iv) claims that the State lacks authority over tract. (1) ESTABLISHMENT.—There is established a the allocation and management of water and (2) WAIVERS AND RELEASES OF CLAIMS BY THE Settlement Commission. administration of water rights, including au- NATIONS AGAINST THE UNITED STATES.—Subject (2) MEMBERS.— thority over the ownership of or rights to use to the retention of rights and claims provided in (A) IN GENERAL.—The Settlement Commission water diverted or taken from a location within paragraph (3) and except to the extent that shall be comprised of 5 members, appointed as the State; rights are recognized in the Settlement Agree- follows: (v) any other claim relating to the ownership ment or this section, the Nations are authorized (i) 1 by the Governor of the State. of water, regulation of water, or authorized di- to execute a waiver and release of all claims (ii) 1 by the Attorney General of the State. version, storage, or use of water diverted or against the United States (including any agency (iii) 1 by the Chief of the Choctaw Nation. taken from a location within the State, which or employee of the United States) relating to— (iv) 1 by the Governor of the Chickasaw Na- claim is based on the status of the Chickasaw (A) all of the following claims asserted or which could have been asserted in any pro- tion. Nation’s or the Choctaw Nation’s unique sov- ceeding filed or that could have been filed by (v) 1 by agreement of the members described in ereign status and rights as defined by Federal the United States as a trustee during the period clauses (i) through (iv). law and alleged to arise from treaties to which ending on the enforceability date, including (B) JOINTLY APPOINTED MEMBER.—If the mem- they are signatories, including but not limited to Chickasaw Nation, Choctaw Nation v. Fallin et bers described in clauses (i) through (iv) of sub- the Treaty of Dancing Rabbit Creek, Act of al., CIV 11–927 (W.D. Ok.) or OWRB v. United paragraph (A) do not agree on a member ap- Sept. 30, 1830, 7 Stat. 333, Treaty of Doaksville, States, et al. CIV 12–275 (W.D. Ok.), or any gen- pointed pursuant to subparagraph (A)(v)— Act of Jan. 17, 1837, 11 Stat. 573, and the related eral stream adjudication, relating to— (i) the members shall submit to the Chief March 23, 1842, patent to the Choctaw Nation; Judge for the United States District Court for (i) claims to the ownership of water in the and State; the Eastern District of Oklahoma, a list of not (vi) claims or defenses asserted or which could (ii) claims to water rights and rights to use less than 3 persons; and have been asserted in Chickasaw Nation, Choc- water diverted or taken from a location within (ii) from the list under clause (i), the Chief taw Nation v. Fallin et al., CIV 11–927 (W.D. the State; Judge shall make the appointment. Ok.), OWRB v. United States, et al. CIV 12–275 (iii) claims to authority over the allocation (C) INITIAL APPOINTMENTS.—The initial ap- (W.D. Ok.), or any general stream adjudication; and management of water and administration of pointments to the Settlement Commission shall (B) all claims for damages, losses or injuries to water rights, including authority over third- be made not later than 90 days after the en- water rights or water, or claims of interference party ownership of or rights to use water di- forceability date. with, diversion, storage, taking, or use of water verted or taken from a location within the State (3) MEMBER TERMS.— (including claims for injury to land resulting and ownership or use of water on allotments by (A) IN GENERAL.—Each Settlement Commission from the damages, losses, injuries, interference allottees or any other person using water on an member shall serve at the pleasure of appointing with, diversion, storage, taking, or use of water) allotment with the permission of an allottee; authority. attributable to any action by the State, the (iv) claims that the State lacks authority over (B) COMPENSATION.—A member of the Settle- OWRB, or any water user authorized pursuant the allocation and management of water and ment Commission shall serve without compensa- to State law to take or use water in the State, administration of water rights, including au- tion, but an appointing authority may reim- including the City, that accrued during the pe- thority over the ownership of or rights to use burse the member appointed by the entity for riod ending on the enforceability date; water diverted or taken from a location within costs associated with service on the Settlement (C) all claims and objections relating to the the State; Commission. amended permit application, and the City per- (v) any other claim relating to the ownership (C) VACANCIES.—If a member of the Settlement mit, including— of water, regulation of water, or authorized di- Commission is removed or resigns, the appoint- (i) all claims regarding regulatory control over version, storage, or use of water diverted or ing authority shall appoint the replacement or OWRB jurisdiction relating to the permit ap- taken from a location within the State, which member. plication and permit; and claim is based on the status of the Chickasaw (D) JOINTLY APPOINTED MEMBER.—The mem- (ii) all claims for damages, losses or injuries to Nation’s or the Choctaw Nation’s unique sov- ber of the Settlement Commission described in water rights or rights to use water, or claims of ereign status and rights as defined by Federal paragraph (2)(A)(v) may be removed or replaced interference with, diversion, storage, taking, or law and alleged to arise from treaties to which by a majority vote of the Settlement Commission use of water (including claims for injury to land they are signatories, including but not limited to based on a failure of the member to carry out resulting from the damages, losses, injuries, in- the Treaty of Dancing Rabbit Creek, Act of the duties of the member. terference with, diversion, storage, taking, or Sept. 30, 1830, 7 Stat. 333, Treaty of Doaksville, (4) DUTIES.—The duties and authority of the use of water) attributable to the issuance and Act of Jan. 17, 1837, 11 Stat. 573, and the related Settlement Commission shall be set forth in the lawful exercise of the City permit; March 23, 1842, patent to the Choctaw Nation; Settlement Agreement, and the Settlement Com- (D) all claims to regulatory control over the and mission shall not possess or exercise any duty or Permit Numbers P80–48 and 54–613 of the City (vi) claims or defenses asserted or which could authority not stated in the Settlement Agree- for water rights from the Muddy Boggy River have been asserted in Chickasaw Nation, Choc- ment. for Atoka Reservoir and P73–282D for water taw Nation v. Fallin et al., CIV 11–927 (W.D. (h) WAIVERS AND RELEASES OF CLAIMS.— rights from the Muddy Boggy River, including Ok.), OWRB v. United States, et al. CIV 12–275 (1) CLAIMS BY THE NATIONS AND THE UNITED McGee Creek, for the McGee Creek Reservoir; (W.D. Ok.), or any general stream adjudication; STATES AS TRUSTEE FOR THE NATIONS.—Subject (E) all claims that the State lacks regulatory (B) all claims for damages, losses or injuries to to the retention of rights and claims provided in authority over or OWRB jurisdiction relating to water rights or water, or claims of interference paragraph (3) and except to the extent that Permit Numbers P80–48 and 54–613 for water with, diversion, storage, taking, or use of water rights are recognized in the Settlement Agree- rights from the Muddy Boggy River for Atoka (including claims for injury to land resulting ment or this section, the Nations, each in its Reservoir and P73–282D for water rights from from the damages, losses, injuries, interference own right and on behalf of itself and its respec- the Muddy Boggy River, including McGee with, diversion, storage, taking, or use of water) tive citizens and members (but not individuals in Creek, for the McGee Creek Reservoir; attributable to any action by the State, the their capacities as allottees), and the United (F) all claims to damages, losses or injuries to OWRB, or any water user authorized pursuant States, acting as a trustee for the Nations (but water rights or water, or claims of interference to State law to take or use water in the State, not individuals in their capacities as allottees), with, diversion, storage, taking, or use of water including the City, that accrued during the pe- shall execute a waiver and release of— (including claims for injury to land resulting riod ending on the enforceability date;

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00059 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7460 CONGRESSIONAL RECORD — HOUSE December 8, 2016

(C) all claims and objections relating to the (i) IN GENERAL.—As provided in the Settlement (C) The Settlement Agreement shall be null amended permit application, and the City per- Agreement, the Chickasaw Nation shall convey and void, except for this paragraph and any mit, including— an easement to the City, which easement shall provisions of the Settlement Agreement that are (i) all claims regarding regulatory control over be as described and depicted in Exhibit 15 to the necessary to carry out this paragraph. or OWRB jurisdiction relating to the permit ap- Settlement Agreement. (D) Except with respect to this paragraph, the plication and permit; and (ii) APPLICATION.—The Chickasaw Nation and State, the Nations, the City, the Trust, and the (ii) all claims for damages, losses or injuries to the City shall cooperate and coordinate on the United States shall not be bound by any obliga- water rights or rights to use water, or claims of submission of an application for approval by the tions or benefit from any rights recognized interference with, diversion, storage, taking, or Secretary of the Interior of the conveyance under the Settlement Agreement. use of water (including claims for injury to land under clause (i), in accordance with applicable (E) If the City permit has been issued, the per- resulting from the damages, losses, injuries, in- Federal law. mit shall be null and void, except that the City terference with, diversion, storage, taking, or (iii) RECORDING.—On approval by the Sec- may resubmit to the OWRB, and the OWRB use of water) attributable to the issuance and retary of the Interior of the conveyance of the shall be considered to have accepted, OWRB lawful exercise of the City permit; easement under this clause, the City shall record permit application No. 2007–017 without having (D) all claims to regulatory control over the the easement. waived the original application priority date Permit Numbers P80–48 and 54–613 for water (iv) CONSIDERATION.—In exchange for convey- and appropriative quantities. rights from the Muddy Boggy River for Atoka ance of the easement under clause (i), the City (F) If the amended storage contract has been Reservoir and P73–282D for water rights from shall pay to the Chickasaw Nation the value of executed or approved, the contract shall be null the Muddy Boggy River, including McGee past unauthorized use and consideration for fu- and void, and the 2010 agreement shall be con- Creek, for the McGee Creek Reservoir; ture use of the land burdened by the easement, sidered to be in force and effect as between the (E) all claims that the State lacks regulatory based on an appraisal secured by the City and State and the Trust. authority over or OWRB jurisdiction relating to Nations and approved by the Secretary of the (G) If the Atoka and Sardis Conservation Permit Numbers P80–48 and 54–613 for water Interior. Projects Fund has been established and funded, rights from the Muddy Boggy River for Atoka (4) EFFECTIVE DATE OF WAIVER AND RE- the funds shall be returned to the respective Reservoir and P73–282D for water rights from LEASES.—The waivers and releases under this funding parties with any accrued interest. the Muddy Boggy River, including McGee subsection take effect on the enforceability date. (3) NO PREJUDICE.—The occurrence of the ex- Creek, for the McGee Creek Reservoir; (5) TOLLING OF CLAIMS.—Each applicable pe- piration date under paragraph (2) shall not in (F) all claims to damages, losses or injuries to riod of limitation and time-based equitable de- any way prejudice— water rights or water, or claims of interference fense relating to a claim described in this sub- (A) any argument or suit that the Nations with, diversion, storage, taking, or use of water section shall be tolled during the period begin- may bring to contest— (including claims for injury to land resulting ning on the date of enactment of this Act and (i) the pursuit by the City of OWRB permit from the damages, losses, injuries, interference ending on the earlier of the enforceability date application No. 2007–017, or a modified version; with, diversion, storage, taking, or use of water) or the expiration date under subsection (i)(2). or attributable to the lawful exercise of Permit (i) ENFORCEABILITY DATE.— (ii) the 2010 agreement; Numbers P80–48 and 54–613 for water rights from (1) IN GENERAL.—The Settlement Agreement (B) any argument, defense, or suit the State the Muddy Boggy River for Atoka Reservoir and shall take effect and be enforceable on the date may bring or assert with regard to the claims of P73–282D for water rights from the Muddy on which the Secretary of the Interior publishes the Nations to water or over water in the settle- Boggy River, including McGee Creek, for the in the Federal Register a certification that— ment area; or McGee Creek Reservoir, that accrued during the (A) to the extent the Settlement Agreement (C) any argument, defense or suit the City period ending on the enforceability date; conflicts with this section, the Settlement Agree- may bring or assert— ment has been amended to conform with this (G) all claims and objections relating to the (i) with regard to the claims of the Nations to section; approval by the Secretary of the assignment of water or over water in the settlement area relat- (B) the Settlement Agreement, as amended, the 1974 storage contract pursuant to the ing to OWRB permit application No. 2007–017, or has been executed by the Secretary of the Inte- amended storage contract; a modified version; or rior, the Nations, the Governor of the State, the (H) all claims relating to litigation brought by (ii) to contest the 2010 agreement. the United States prior to the enforceability date OWRB, the City, and the Trust; (4) EXTENSION.—The expiration date under (C) to the extent the amended storage contract of the water rights of the Nations in the State; paragraph (2) may be extended in writing if the conflicts with this section, the amended storage and Nations, the State, the OWRB, the United (I) all claims relating to the negotiation, exe- contract has been amended to conform with this States, and the City agree that an extension is cution, or adoption of the Settlement Agreement section; warranted. (including exhibits) or this section. (D) the amended storage contract, as amended (j) JURISDICTION, WAIVERS OF IMMUNITY FOR (3) RETENTION AND RESERVATION OF CLAIMS BY to conform with this section, has been— INTERPRETATION AND ENFORCEMENT.— NATIONS AND THE UNITED STATES.— (i) executed by the State, the City, and the (1) JURISDICTION.— (A) IN GENERAL.—Notwithstanding the waiver Trust; and and releases of claims authorized under para- (ii) approved by the Secretary; (A) IN GENERAL.— graphs (1) and (2), the Nations and the United (E) an order has been entered in United States (i) EXCLUSIVE JURISDICTION.—The United States, acting as trustee, shall retain— v. Oklahoma Water Resources Board, Civ. 98–C– States District Court for the Western District of (i) all claims for enforcement of the Settlement 521–E with any modifications to the order dated Oklahoma shall have exclusive jurisdiction for Agreement and this section; September 11, 2009, as provided in the Settlement all purposes and for all causes of action relating (ii) all rights to use and protect any water Agreement; to the interpretation and enforcement of the Set- right of the Nations recognized by or established (F) orders of dismissal have been entered in tlement Agreement, the amended storage con- pursuant to the Settlement Agreement, includ- Chickasaw Nation, Choctaw Nation v. Fallin et tract, or interpretation or enforcement of this ing the right to assert claims for injuries relat- al., Civ 11–297 (W.D. Ok.) and OWRB v. United section, including all actions filed by an allottee ing to the rights and the right to participate in States, et al. Civ 12–275 (W.D. Ok.) as provided pursuant to subsection (e)(6)(B). any general stream adjudication, including any in the Settlement Agreement; (ii) RIGHT TO BRING ACTION.—The Choctaw inter se proceeding; (G) the OWRB has issued the City Permit; Nation, the Chickasaw Nation, the State, the (iii) all claims under— (H) the final documentation of the Kiamichi City, the Trust, and the United States shall (I) the Comprehensive Environmental Re- Basin hydrologic model is on file at the Okla- each have the right to bring an action pursuant sponse, Compensation, and Liability Act of 1980 homa City offices of the OWRB; and to this section. (42 U.S.C. 9601 et seq.), including for damages to (I) the Atoka and Sardis Conservation (iii) NO ACTION IN OTHER COURTS.—No action natural resources; Projects Fund has been funded as provided in may be brought in any other Federal, Tribal, or (II) the Safe Drinking Water Act (42 U.S.C. the Settlement Agreement. State court or administrative forum for any pur- 300f et seq.); (2) EXPIRATION DATE.—If the Secretary of the pose relating to the Settlement Agreement, (III) the Federal Water Pollution Control Act Interior fails to publish a statement of findings amended storage contract, or this section. (33 U.S.C. 1251 et seq.); and under paragraph (1) by not later than Sep- (iv) NO MONETARY JUDGMENT.—Nothing in (IV) any regulations implementing the Acts tember 30, 2020, or such alternative later date as this section authorizes any money judgment or described in items (I) through (III); is agreed to by the Secretary of the Interior, the otherwise allows the payment of funds by the (iv) all claims relating to damage, loss, or in- Nations, the State, the City, and the Trust United States, the Nations, the State (including jury resulting from an unauthorized diversion, under paragraph (4), the following shall apply: the OWRB), the City, or the Trust. use, or storage of water, including damages, (A) This section, except for this subsection (B) NOTICE AND CONFERENCE.—An entity seek- losses, or injuries to land or nonwater natural and any provisions of this section that are nec- ing to interpret or enforce the Settlement Agree- resources associated with any hunting, fishing, essary to carry out this subsection (but only for ment shall comply with the following: gathering, or cultural right; and purposes of carrying out this subsection) are not (i) Any party asserting noncompliance or (v) all rights, remedies, privileges, immunities, effective beginning on September 30, 2020, or the seeking interpretation of the Settlement Agree- and powers not specifically waived and released alternative date. ment or this section shall first serve written no- pursuant to this section or the Settlement Agree- (B) The waivers and release of claims, and the tice on the party alleged to be in breach of the ment. limited waivers of sovereign immunity, shall not Settlement Agreement or violation of this sec- (B) AGREEMENT.— become effective. tion.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00060 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7461 (ii) The notice under clause (i) shall identify (iv) any regulations implementing the Acts de- 17, 1902 (32 Stat. 388, chapter 1093), commencing the specific provision of the Settlement Agree- scribed in this section; at Lake Sherburne Reservoir and providing ment or this section alleged to have been vio- (B) affects the ability of the United States to water to a point approximately 6 miles east of lated or in dispute and shall specify in detail raise defenses based on 43 U.S.C. 666(a); and Nashua, Montana. the contention of the party asserting the claim (C) affects any rights, claims, or defenses the (B) INCLUSIONS.—The term ‘‘Milk River and any factual basis for the claim. United States may have with respect to the use Project’’ includes— (iii) Representatives of the party alleging a of water on Federal lands in the Settlement (i) the St. Mary Unit; breach or violation and the party alleged to be Area that are not trust lands or Allotments. (ii) the Fresno Dam and Reservoir; and in breach or violation shall meet not later than Subtitle G—Blackfeet Water Rights Settlement (iii) the Dodson pumping unit. 30 days after receipt of notice under clause (i) in (9) MILK RIVER PROJECT WATER RIGHTS.—The SEC. 3701. SHORT TITLE. an effort to resolve the dispute. term ‘‘Milk River Project water rights’’ means This subtitle may be cited as the ‘‘Blackfeet (iv) If the matter is not resolved to the satis- the water rights held by the Bureau of Reclama- Water Rights Settlement Act’’. faction of the party alleging breach not later tion on behalf of the Milk River Project, as fi- than 90 days after the original notice under SEC. 3702. PURPOSES. nally adjudicated by the Montana Water Court. clause (i), the party may take any appropriate The purposes of this subtitle are— (10) MILK RIVER WATER RIGHT.—The term enforcement action consistent with the Settle- (1) to achieve a fair, equitable, and final set- ‘‘Milk River water right’’ means the portion of ment Agreement and this subsection. tlement of claims to water rights in the State of the Tribal water rights described in article III.F (2) LIMITED WAIVERS OF SOVEREIGN IMMU- Montana for— of the Compact and this subtitle. NITY.— (A) the Blackfeet Tribe of the Blackfeet In- (11) MISSOURI RIVER BASIN.—The term ‘‘Mis- (A) IN GENERAL.—The United States and the dian Reservation; and souri River Basin’’ means the hydrologic basin Nations may be joined in an action filed in the (B) the United States, for the benefit of the of the Missouri River (including tributaries). United States District Court for the Western Tribe and allottees; (12) MR&I SYSTEM.—The term ‘‘MR&I Sys- District of Oklahoma. (2) to authorize, ratify, and confirm the water tem’’ means the intake, treatment, pumping, (B) UNITED STATES IMMUNITY.—Any claim by rights compact entered into by the Tribe and the storage, pipelines, appurtenant items, and any the United States to sovereign immunity from State, to the extent that the Compact is con- other feature of the system, as generally de- suit is irrevocably waived for any action sistent with this subtitle; scribed in the document entitled ‘‘Blackfeet Re- brought by the State, the Chickasaw Nation, the (3) to authorize and direct the Secretary of the gional Water System’’, prepared by DOWL Choctaw Nation, the City, or the Trust in the Interior— HKM, and dated June 2010, and modified by Western District of Oklahoma relating to inter- (A) to execute the Compact; and DOWL HKM, as set out in the addendum to the pretation or enforcement of the Settlement (B) to take any other action necessary to report dated March 2013. Agreement or this section, including of the ap- carry out the Compact in accordance with this (13) OM&R.—The term ‘‘OM&R’’ means— pellate jurisdiction of the United States Court of subtitle; and (A) any recurring or ongoing activity associ- Appeals for the Tenth Circuit and the Supreme (4) to authorize funds necessary for the imple- ated with the day-to-day operation of a project; Court of the United States. mentation of the Compact and this subtitle. (B) any activity relating to scheduled or un- (C) CHICKASAW NATION IMMUNITY.—For the SEC. 3703. DEFINITIONS. scheduled maintenance of a project; and exclusive benefit of the State (including the In this subtitle: (C) any activity relating to replacing a feature OWRB), the City, the Trust, the Choctaw Na- (1) ALLOTTEE.—The term ‘‘allottee’’ means of a project. tion, and the United States, the sovereign immu- any individual who holds a beneficial real prop- (14) RESERVATION.—The term ‘‘Reservation’’ nity of the Chickasaw Nation from suit is erty interest in an allotment of Indian land that means the Blackfeet Indian Reservation of Mon- waived solely for any action brought in the is— tana, as— (A) established by the Treaty of October 17, Western District of Oklahoma relating to inter- (A) located within the Reservation; and 1855 (11 Stat. 657); and pretation or enforcement of the Settlement (B) held in trust by the United States. (B) modified by— Agreement or this section, if the action is (2) BIRCH CREEK AGREEMENT.—The term (i) the Executive order of July 5, 1873 (relating brought by the State or the OWRB, the City, the ‘‘Birch Creek Agreement’’ means— (A) the agreement between the Tribe and the to the Blackfeet Reserve); Trust, the Choctaw Nation, or the United (ii) the Act of April 15, 1874 (18 Stat. 28, chap- States, including the appellate jurisdiction of State regarding Birch Creek water use dated January 31, 2008 (as amended on February 13, ter 96); the United States Court of Appeals for the (iii) the Executive order of August 19, 1874 (re- Tenth Circuit and the Supreme Court of the 2009); and (B) any amendment or exhibit (including ex- lating to the Blackfeet Reserve); United States. (iv) the Executive order of April 13, 1875 (re- hibit amendments) to that agreement that is exe- (D) CHOCTAW NATION IMMUNITY.—For the ex- lating to the Blackfeet Reserve); cuted in accordance with this subtitle. clusive benefit of the State (including of the (v) the Executive order of July 13, 1880 (relat- (3) BLACKFEET IRRIGATION PROJECT.—The OWRB), the City, the Trust, the Chickasaw Na- ing to the Blackfeet Reserve); term ‘‘Blackfeet Irrigation Project’’ means the tion, and the United States, the Choctaw Nation (vi) the Agreement with the Blackfeet, ratified irrigation project authorized by the matter shall expressly and irrevocably consent to a suit by the Act of May 1, 1888 (25 Stat. 113, chapter under the heading ‘‘Montana’’ of title II of the and waive sovereign immunity from a suit solely 213); and for any action brought in the Western District Act of March 1, 1907 (34 Stat. 1035, chapter (vii) the Agreement with the Blackfeet, rati- of Oklahoma relating to interpretation or en- 2285), and administered by the Bureau of Indian fied by the Act of June 10, 1896 (29 Stat. 353, forcement of the Settlement Agreement or this Affairs. chapter 398). OMPACT section, if the action is brought by the State, the (4) C .—The term ‘‘Compact’’ means— (15) ST. MARY RIVER WATER RIGHT.—The term OWRB, the City, the Trust, the Chickasaw Na- (A) the Blackfeet-Montana water rights com- ‘‘St. Mary River water right’’ means that por- tion, or the United States, including the appel- pact dated April 15, 2009, as contained in section tion of the Tribal water rights described in arti- late jurisdiction of the United States Court of 85–20–1501 of the Montana Code Annotated cle III.G.1.a.i. of the Compact and this subtitle. Appeals for the Tenth Circuit and the Supreme (2015); and (16) ST. MARY UNIT.— Court of the United States. (B) any amendment or exhibit (including ex- (A) IN GENERAL.—The term ‘‘St. Mary Unit’’ (k) DISCLAIMER.— hibit amendments) to the Compact that is exe- means the St. Mary Storage Unit of the Milk (1) IN GENERAL.—The Settlement Agreement cuted to make the Compact consistent with this River Project authorized by Congress on March applies only to the claims and rights of the Na- subtitle. 25, 1905. tions. (5) ENFORCEABILITY DATE.—The term ‘‘en- (B) INCLUSIONS.—The term ‘‘St. Mary Unit’’ (2) NO PRECEDENT.—Nothing in this section or forceability date’’ means the date described in includes— the Settlement Agreement shall be construed in section 3720(f). (i) Sherburne Dam and Reservoir; any way to quantify, establish, or serve as (6) LAKE ELWELL.—The term ‘‘Lake Elwell’’ (ii) Swift Current Creek Dike; precedent regarding the land and water rights, means the water impounded on the Marias (iii) Lower St. Mary Lake; claims, or entitlements to water of any American River in the State by Tiber Dam, a feature of (iv) St. Mary Canal Diversion Dam; and Indian Tribe other than the Nations, including the Lower Marias Unit of the Pick-Sloan Mis- (v) St. Mary Canal and appurtenances. any other American Indian Tribe in the State. souri River Basin Program authorized by section (17) SECRETARY.—The term ‘‘Secretary’’ means (3) LIMITATION.—Nothing in the Settlement 9 of the Act of December 22, 1944 (commonly the Secretary of the Interior. Agreement— known as the ‘‘Flood Control Act of 1944’’) (58 (18) STATE.—The term ‘‘State’’ means the (A) affects the ability of the United States, Stat. 891, chapter 665). State of Montana. acting as sovereign, to take actions authorized (7) MILK RIVER BASIN.—The term ‘‘Milk River (19) SWIFTCURRENT CREEK BANK STABILIZATION by law, including any laws related to health, Basin’’ means the North Fork, Middle Fork, PROJECT.—The term ‘‘Swiftcurrent Creek Bank safety, or the environment, including— South Fork, and main stem of the Milk River Stabilization Project’’ means the project to miti- (i) the Comprehensive Environmental Re- and tributaries, from the headwaters to the con- gate the physical and environmental problems sponse, Compensation, and Liability Act of 1980 fluence with the Missouri River. associated with the St. Mary Unit from (42 U.S.C. 9601 et seq.); (8) MILK RIVER PROJECT.— Sherburne Dam to the St. Mary River, as de- (ii) the Safe Drinking Water Act (42 U.S.C. (A) IN GENERAL.—The term ‘‘Milk River scribed in the report entitled ‘‘Boulder/ 300f et seq.); Project’’ means the Bureau of Reclamation Swiftcurrent Creek Stabilization Project, Phase (iii) the Federal Water Pollution Control Act project conditionally approved by the Secretary II Investigations Report’’, prepared by DOWL (33 U.S.C. 1251 et seq.); and on March 14, 1903, pursuant to the Act of June HKM, and dated March 2012.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00061 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7462 CONGRESSIONAL RECORD — HOUSE December 8, 2016

(20) TRIBAL WATER RIGHTS.—The term ‘‘Tribal reservations of the Tribe and the Fort Belknap water right shall be limited to, and fulfilled pur- water rights’’ means the water rights of the Indian Community in the Milk River. suant to— Tribe described in article III of the Compact and (2) CONSIDERATIONS.—The agreement entered (1) subsection (c) of this section; and this subtitle, including— into under paragraph (1) shall take into consid- (2) subsection (b)(3) of section 3716 and sub- (A) the Lake Elwell allocation provided to the eration— section (a)(1)(C) of section 3718. Tribe under section 3709; and (A) the equal priority dates of the 2 Indian (c) WATER DELIVERY CONTRACT.— (B) the instream flow water rights described in tribes; (1) IN GENERAL.—Not later than 180 days after section 3719. (B) the water supplies of the Milk River; and the enforceability date, the Secretary shall enter (21) TRIBE.—The term ‘‘Tribe’’ means the (C) historical, current, and future uses identi- into a water delivery contract with the Tribe for Blackfeet Tribe of the Blackfeet Indian Reserva- fied by each Indian tribe. the delivery of not greater than 5,000 acre-feet tion of Montana. (d) SECRETARIAL DETERMINATION.— per year of the St. Mary River water right through Milk River Project facilities to the Tribe SEC. 3704. RATIFICATION OF COMPACT. (1) IN GENERAL.—Not later than 120 days after the date on which the agreement described in or another entity specified by the Tribe. (a) RATIFICATION.— subsection (c) is submitted to the Secretary, the (2) TERMS AND CONDITIONS.—The contract (1) IN GENERAL.—As modified by this subtitle, under paragraph (1) shall establish the terms the Compact is authorized, ratified, and con- Secretary shall review and approve or dis- and conditions for the water deliveries described firmed. approve the agreement. (2) APPROVAL.—The Secretary shall approve in paragraph (1) in accordance with the Com- (2) AMENDMENTS.—Any amendment to the pact and this subtitle. Compact is authorized, ratified, and confirmed, the agreement if the Secretary finds that the (3) REQUIREMENTS.—The water delivery con- to the extent that such amendment is executed agreement— (A) equitably accommodates the interests of tract under paragraph (1) shall include provi- to make the Compact consistent with this sub- each Indian tribe in the Milk River; sions requiring that— title. (B) adequately considers the factors described (A) the contract shall be without limit as to (b) EXECUTION.— in subsection (c)(2); and term; (1) IN GENERAL.—To the extent that the Com- (C) is otherwise in accordance with applicable (B) the Tribe, and not the United States, shall pact does not conflict with this subtitle, the Sec- law. collect, and shall be entitled to, all consider- retary shall execute the Compact, including all (3) DEADLINE EXTENSION.—The deadline to re- ation due to the Tribe under any lease, con- exhibits to, or parts of, the Compact requiring view the agreement described in paragraph (1) tract, or agreement entered into by the Tribe the signature of the Secretary. may be extended by the Secretary after con- pursuant to subsection (f); (2) MODIFICATIONS.—Nothing in this subtitle sultation with the Tribe and the Fort Belknap (C) the United States shall have no obligation precludes the Secretary from approving any Indian Community. to monitor, administer, or account for— modification to an appendix or exhibit to the (e) SECRETARIAL DECISION.— (i) any funds received by the Tribe as consid- Compact that is consistent with this subtitle, to (1) IN GENERAL.—If the Tribe and the Fort eration under any lease, contract, or agreement the extent that the modification does not other- Belknap Indian Community do not, by 3 years entered into by the Tribe pursuant to subsection wise require congressional approval under sec- after the Secretary certifies under section (f); or tion 2116 of the Revised Statutes (25 U.S.C. 177) 3720(f)(5) that the Tribal membership has ap- (ii) the expenditure of such funds; or any other applicable provision of Federal proved the Compact and this subtitle, enter into (D) if water deliveries under the contract are law. an agreement approved under subsection d(2), interrupted for an extended period of time be- (c) ENVIRONMENTAL COMPLIANCE.— the Secretary, in the Secretary’s sole discretion, cause of damage to, or a reduction in the capac- (1) IN GENERAL.—In implementing the Com- shall establish, after consultation with the Tribe ity of, St. Mary Unit facilities, the rights of the pact and this subtitle, the Secretary shall com- and the Fort Belknap Indian Community, terms Tribe shall be treated in the same manner as the ply with all applicable provisions of— and conditions that reflect the considerations rights of other contractors receiving water deliv- (A) the Endangered Species Act of 1973 (16 described in subsection (c)(2) by which the re- eries through the Milk River Project with re- U.S.C. 1531 et seq.); spective water rights of the Tribe and the Fort spect to the water delivered under this section; (B) the National Environmental Policy Act of (E) deliveries of water under this section shall Belknap Indian Community in the Milk River 1969 (42 U.S.C. 4321 et seq.); and be— may be exercised. (C) all other applicable environmental laws (i) limited to not greater than 5,000 acre-feet (2) CONSIDERATION AS FINAL AGENCY ACTION.— and regulations. of water in any 1 year; The establishment by the Secretary of terms and (ii) consistent with operations of the Milk (2) EFFECT OF EXECUTION.— conditions under paragraph (1) shall be consid- (A) IN GENERAL.—The execution of the Com- River Project and without additional costs to ered to be a final agency action for purposes of pact by the Secretary under this section shall the Bureau of Reclamation, including OM&R review under chapter 7 of title 5, United States not constitute a major Federal action for pur- costs; and Code. poses of the National Environmental Policy Act (iii) without additional cost to the Milk River (3) JUDICIAL REVIEW.—An action for judicial Project water users; and of 1969 (42 U.S.C. 4321 et seq.). review pursuant to this section shall be brought (B) COMPLIANCE.—The Secretary shall carry (F) the Tribe shall be required to pay OM&R by not later than the date that is 1 year after for water delivered under this section. out all Federal compliance activities necessary the date of notification of the establishment of to implement the Compact and this subtitle. (d) SHORTAGE SHARING OR REDUCTION.— the terms and conditions under this subsection. (1) IN GENERAL.—The 5,000 acre-feet per year SEC. 3705. MILK RIVER WATER RIGHT. (4) INCORPORATION INTO DECREES.—The agree- of water delivered under paragraph (3)(E)(i) of (a) IN GENERAL.—With respect to the Milk ment under subsection (c), or the decision of the subsection (c) shall not be subject to shortage River water right, the Tribe— Secretary under this subsection, shall be filed sharing or reduction, except as provided in (1) may continue the historical uses and the with the Montana Water Court, or the district paragraph (3)(D) of that subsection. uses in existence on the date of enactment of court with jurisdiction, for incorporation into (2) NO INJURY TO MILK RIVER PROJECT WATER this Act; and the final decrees of the Tribe and the Fort USERS.—Notwithstanding article IV.D.4 of the (2) except as provided in article III.F.1.d of Belknap Indian Community. Compact, any reduction in the Milk River the Compact, shall not develop new uses until (5) EFFECTIVE DATE.—The agreement under Project water supply caused by the delivery of the date on which— subsection (c) and a decision of the Secretary water under subsection (c) shall not constitute (A) the Tribe has entered into the agreement under this subsection— injury to Milk River Project water users. described in subsection (c); or (A) shall be effective immediately; and (e) SUBSEQUENT CONTRACTS.— (B) the Secretary has established the terms (B) may not be modified absent— (1) IN GENERAL.—As part of the studies au- and conditions described in subsection (e). (i) the approval of the Secretary; and thorized by section 3707(c)(1), the Secretary, act- (b) WATER RIGHTS ARISING UNDER STATE (ii) the consent of the Tribe and the Fort ing through the Commissioner of Reclamation, LAW.—With respect to any water rights arising Belknap Indian Community. and in cooperation with the Tribe, shall identify under State law in the Milk River Basin owned (f) USE OF FUNDS.—The Secretary shall dis- alternatives to provide to the Tribe water from or acquired by the Tribe, the Tribe— tribute equally the funds made available under the St. Mary River water right in quantities (1) may continue any use in existence on the section 3718(a)(2)(C)(ii) to the Tribe and the greater than the 5,000 acre-feet per year of date of enactment of this Act; and Fort Belknap Indian Community to use to reach water described in subsection (c)(3)(E)(i). (2) shall not change any use until the date on an agreement under this section, including for (2) CONTRACT FOR WATER DELIVERY.—If the which— technical analyses and legal and other related Secretary determines under paragraph (1) that (A) the Tribe has entered into the agreement efforts. more than 5,000 acre-feet per year of the St. described in subsection (c); or SEC. 3706. WATER DELIVERY THROUGH MILK Mary River water right can be delivered to the (B) the Secretary has established the terms RIVER PROJECT. Tribe, the Secretary shall offer to enter into 1 or and conditions described in subsection (e). (a) IN GENERAL.—Subject to the availability of more contracts with the Tribe for the delivery of (c) TRIBAL AGREEMENT.— appropriations, the Secretary, acting through that water, subject to the requirements of sub- (1) IN GENERAL.—In consultation with the the Commissioner of Reclamation, shall carry section (c)(3) (except subsection (c)(3)(E)(i)) and Commissioner of Reclamation and the Director out the activities authorized under this section this subsection. of the Bureau of Indian Affairs, the Tribe and with respect to the St. Mary River water right. (3) TREATMENT.—Any delivery of water under the Fort Belknap Indian Community shall enter (b) TREATMENT.—Notwithstanding article this subsection shall be subject to reduction in into an agreement to provide for the exercise of IV.D.4 of the Compact, any responsibility of the the same manner as for Milk River Project con- their respective water rights on the respective United States with respect to the St. Mary River tract holders.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00062 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7463

(f) SUBCONTRACTS.— (3) COSTS NONREIMBURSABLE.—The cost of the the Interior Determination in accordance with (1) IN GENERAL.—The Tribe may enter into studies under this subsection shall not be— applicable law without additional compensa- any subcontract for the delivery of water under (A) considered to be a cost of the Milk River tion, with the agreement providing for the tim- this section to a third party, in accordance with Project; or ing of the grant to take into consideration the section 3715(e). (B) reimbursable in accordance with the rec- possibility of review under paragraph (5). (2) COMPLIANCE WITH OTHER LAW.—All sub- lamation laws. (3) EFFECT.—Determinations made under this contracts described in paragraph (1) shall com- (d) SWIFTCURRENT CREEK BANK STABILIZA- subsection— ply with— TION.— (A) do not address title as between the United (A) this subtitle; (1) IN GENERAL.—Subject to the availability of States and the Tribe; and (B) the Compact; appropriations, the Secretary, acting through (B) do not apply to any new use of Reserva- (C) the tribal water code; and the Commissioner of Reclamation, shall carry tion land by the United States for the Milk (D) other applicable law. out appropriate activities concerning the River Project after December 31, 2015. (3) NO LIABILITY.—The Secretary shall not be Swiftcurrent Creek Bank Stabilization Project, (4) INTERIOR DETERMINATION AS FINAL AGENCY liable to any party, including the Tribe, for any including— ACTION.—Any determination by the Secretary term of, or any loss or other detriment resulting (A) a review of the final project design; and under paragraph (2)(C) shall be considered to be from, a lease, contract, or other agreement en- (B) value engineering analyses. a final agency action for purposes of review tered into pursuant to this subsection. (2) MODIFICATION OF FINAL DESIGN.—Prior to under chapter 7 of title 5, United States Code. (g) EFFECT OF PROVISIONS.—Nothing in this beginning construction activities for the (5) JUDICIAL REVIEW.—An action for judicial section— Swiftcurrent Creek Bank Stabilization Project, review pursuant to this section shall be brought (1) precludes the Tribe from taking the water on the basis of the review conducted under by not later than the date that is 1 year after described in subsection (c)(3)(E)(i), or any addi- paragraph (1), the Secretary shall negotiate the date of notification of the Interior Deter- tional water provided under subsection (e), from with the Tribe appropriate changes, if any, to mination. the direct flow of the St. Mary River; or the final design— (g) FUNDING.—The total amount of obligations (2) modifies the quantity of the Tribal water (A) to ensure compliance with applicable in- incurred by the Secretary, prior to any adjust- rights described in article III.G.1. of the Com- dustry standards; ment provided for in section 3718, shall not ex- pact. (B) to improve the cost-effectiveness of the ceed— (h) OTHER RIGHTS.—Notwithstanding the re- Swiftcurrent Creek Bank Stabilization Project; (1) $3,800,000 to carry out subsection (c); quirements of article III.G.1.d of the Compact, and (2) $20,700,000 to carry out subsection (d); and after satisfaction of all water rights under State (C) to ensure that the Swiftcurrent Creek (3) $3,100,000 to carry out subsection (f). law for use of St. Mary River water, including Bank Stabilization Project may be constructed SEC. 3708. ST. MARY CANAL HYDROELECTRIC the Milk River Project water rights, the Tribe using only the amounts made available under POWER GENERATION. shall have the right to the remaining portion of section 3718. (a) BUREAU OF RECLAMATION JURISDICTION.— the share of the United States in the St. Mary (3) APPLICABILITY OF ISDEAA.—At the request Effective beginning on the date of enactment of River under the International Boundary Waters of the Tribe, and in accordance with the Indian this Act, the Commissioner of Reclamation shall Treaty of 1909 (36 Stat. 2448) for any tribally au- Self-Determination and Education Assistance have exclusive jurisdiction to authorize the de- thorized use or need consistent with this sub- Act (25 U.S.C. 5301 et seq.), the Secretary shall velopment of hydropower on the St. Mary Unit. title. enter into 1 or more agreements with the Tribe (b) RIGHTS OF TRIBE.— SEC. 3707. BUREAU OF RECLAMATION ACTIVITIES to carry out the Swiftcurrent Bank Stabilization (1) EXCLUSIVE RIGHT OF TRIBE.—Subject to TO IMPROVE WATER MANAGEMENT. Project. paragraph (2) and notwithstanding any other (a) MILK RIVER PROJECT PURPOSES.—The pur- (e) ADMINISTRATION.—The Commissioner of provision of law, the Tribe shall have the exclu- poses of the Milk River Project shall include— Reclamation and the Tribe shall negotiate the sive right to develop and market hydroelectric (1) irrigation; cost of any oversight activity carried out by the power of the St. Mary Unit. (2) flood control; Bureau of Reclamation under any agreement (2) LIMITATIONS.—The exclusive right de- (3) the protection of fish and wildlife; entered into under this section, subject to the scribed in paragraph (1)— (4) recreation; condition that the total cost for the oversight (A) shall expire on the date that is 15 years (5) the provision of municipal, rural, and in- shall not exceed 4 percent of the total costs in- after the date of enactment of an Act appro- dustrial water supply; and curred under this section. priating funds for rehabilitation of the St. Mary (6) hydroelectric power generation. (f) MILK RIVER PROJECT RIGHTS-OF-WAY AND Unit; but (b) USE OF MILK RIVER PROJECT FACILITIES EASEMENTS.— (B) may be extended by the Secretary at the FOR THE BENEFIT OF TRIBE.—The use of Milk (1) IN GENERAL.—Subject to paragraphs (2) request of the Tribe. River Project facilities to transport water for the and (3), the Tribe shall grant the United States (3) OM&R COSTS.—Effective beginning on the Tribe pursuant to subsections (c) and (e) of sec- a right-of-way on Reservation land owned by date that is 10 years after the date on which the tion 3706, together with any use by the Tribe of the Tribe for all uses by the Milk River Project Tribe begins marketing hydroelectric power gen- that water in accordance with this subtitle— (permissive or otherwise) in existence as of De- erated from the St. Mary Unit to any third (1) shall be considered to be an authorized cember 31, 2015, including all facilities, flowage party, the Tribe shall make annual payments purpose of the Milk River Project; and easements, and access easements necessary for for OM&R costs attributable to the direct use of (2) shall not change the priority date of any the operation and maintenance of the Milk any facilities by the Tribe for hydroelectric Tribal water rights. River Project. power generation, in amounts determined in ac- (c) ST. MARY RIVER STUDIES.— (2) AGREEMENT REGARDING EXISTING USES.— cordance with the guidelines and methods of the (1) IN GENERAL.—Subject to the availability of The Tribe and the Secretary shall enter into an Bureau of Reclamation for assessing OM&R appropriations, the Secretary, in cooperation agreement for a process to determine the loca- charges. with the Tribe and the State, shall conduct— tion, nature, and extent of the existing uses ref- (c) BUREAU OF RECLAMATION COOPERATION.— (A) an appraisal study— erenced in this subsection. The agreement shall The Commissioner of Reclamation shall cooper- (i) to develop a plan for the management and require that— ate with the Tribe in the development of any development of water supplies in the St. Mary (A) a panel of three individuals determine the hydroelectric power generation project under River Basin and Milk River Basin, including the location, nature, and extent of existing uses this section. St. Mary River and Milk River water supplies necessary for the operation and maintenance of (d) AGREEMENT.—Before construction of a hy- for the Tribe and the Milk River water supplies the Milk River Project (the ‘‘Panel Determina- droelectric power generation project under this for the Fort Belknap Indian Community; and tion’’), with the Tribe appointing one represent- section, the Tribe shall enter into an agreement (ii) to identify alternatives to develop addi- ative of the Tribe, the Secretary appointing one with the Commissioner of Reclamation that in- tional water of the St. Mary River for the Tribe; representative of the Secretary, and those two cludes provisions— and representatives jointly appointing a third indi- (1) requiring that— (B) a feasibility study— vidual; (A) the design, construction, and operation of (i) using the information resulting from the (B) if the Panel Determination is unanimous, the project shall be consistent with the Bureau appraisal study conducted under subparagraph the Tribe grant a right-of-way to the United of Reclamation guidelines and methods for hy- (A) and such other information as is relevant, to States for the existing uses identified in the droelectric power development at Bureau facili- evaluate the feasibility of— Panel Determination in accordance with appli- ties, as appropriate; and (I) alternatives for the rehabilitation of the St. cable law without additional compensation; (B) the hydroelectric power generation project Mary Diversion Dam and Canal; and (C) if the Panel Determination is not unani- will not impair the efficiencies of the Milk River (II) increased storage in Fresno Dam and Res- mous— Project for authorized purposes; ervoir; and (i) the Secretary adopt the Panel Determina- (2) regarding construction and operating cri- (ii) to create a cost allocation study that is tion with any amendments the Secretary reason- teria and emergency procedures; and based on the authorized purposes described in ably determines necessary to correct any clear (3) under which any modification proposed by subsections (a) and (b). error (the ‘‘Interior Determination’’), provided the Tribe to a facility owned by the Bureau of (2) COOPERATIVE AGREEMENT.—On request of that if any portion of the Panel Determination Reclamation shall be subject to review and ap- the Tribe, the Secretary shall enter into a coop- is unanimous, the Secretary will not amend that proval by the Secretary, acting through the erative agreement with the Tribe with respect to portion; and Commissioner of Reclamation. the portion of the appraisal study described in (ii) the Tribe grant a right-of-way to the (e) USE OF HYDROELECTRIC POWER BY paragraph (1)(A). United States for the existing uses identified in TRIBE.—Any hydroelectric power generated in

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00063 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7464 CONGRESSIONAL RECORD — HOUSE December 8, 2016

accordance with this section shall be used or (G) the Tribe shall not be required to make (1) IN GENERAL.—The scope of the rehabilita- marketed by the Tribe. payments to the United States for any water al- tion and improvements shall be as generally de- (f) REVENUES.—The Tribe shall collect and re- located to the Tribe under this subtitle or the al- scribed in the document entitled ‘‘Four Horns tain any revenues from the sale of hydroelectric location agreement, except for each acre-foot of Feeder Canal Rehabilitation with Export’’, pre- power generated by a project under this section. stored water leased or transferred for industrial pared by DOWL HKM, and dated April 2013, (g) LIABILITY OF UNITED STATES.—The United purposes as described in subparagraph (H); subject to the condition that, before commencing States shall have no obligation to monitor, ad- (H) for each acre-foot of stored water leased construction activities, the Secretary shall— minister, or account for— or transferred by the Tribe for industrial pur- (A) review the design of the proposed rehabili- (1) any revenues received by the Tribe under poses— tation or improvement; this section; or (i) the Tribe shall pay annually to the United (B) perform value engineering analyses; (2) the expenditure of those revenues. States an amount necessary to cover the propor- (C) perform appropriate Federal environ- (h) PREFERENCE.—During any period for tional share of the annual OM&R costs allo- mental compliance activities; and which the exclusive right of the Tribe described cable to the quantity of water leased or trans- (D) ensure that the rehabilitation and im- in subsection (b)(1) is not in effect, the Tribe ferred by the Tribe for industrial purposes; and provements may be constructed using only the shall have a preference to develop hydropower (ii) the annual payments of the Tribe shall be amounts made available under section 3718. (2) INCLUSIONS.—The activities carried out by on the St. Mary Unit facilities, in accordance reviewed and adjusted, as appropriate, to reflect the Secretary under this subsection shall in- with Bureau of Reclamation guidelines and the actual OM&R costs for Tiber Dam; and clude— methods for hydroelectric power development at (I) the adjustment process identified in sub- (A) the rehabilitation or improvement of the Bureau facilities. section (a)(2) will be based on specific enumer- Four Horns feeder canal system to a capacity of SEC. 3709. STORAGE ALLOCATION FROM LAKE ated provisions. ELWELL. not fewer than 360 cubic feet per second; (d) AGREEMENTS BY TRIBE.—The Tribe may (B) the rehabilitation or improvement of the (a)(1) STORAGE ALLOCATION TO TRIBE.—The use, lease, contract, exchange, or enter into outlet works of Four Horns Dam and Reservoir Secretary shall allocate to the Tribe 45,000 acre- other agreements for use of the water allocated to deliver not less than 15,000 acre-feet of water feet per year of water stored in Lake Elwell for to the Tribe under subsection (a), if— per year, in accordance with subparagraph (C); use by the Tribe for any beneficial purpose on (1) the use of water that is the subject of such and or off the Reservation, under a water right held an agreement occurs within the Missouri River (C) construction of facilities to deliver not less by the United States and managed by the Bu- Basin; and than 15,000 acre-feet of water per year from reau of Reclamation, as measured at the outlet (2) the agreement does not permanently alien- Four Horns Dam and Reservoir, to a point on or works of Tiber Dam or through direct pumping ate any portion of the water allocated to the near Birch Creek to be designated by the Tribe from Lake Elwell. Tribe under subsection (a). and the State for delivery of water to the water (2) REDUCTION.—Up to 10,000 acre-feet per (e) EFFECTIVE DATE.—The allocation under delivery system of the Pondera County Canal year of water allocated to the Tribe pursuant to subsection (a) takes effect on the enforceability and Reservoir Company on Birch Creek, in ac- paragraph (1) will be subject to an acre-foot for date. cordance with the Birch Creek Agreement. acre-foot reduction if depletions from the Tribal (f) NO CARRYOVER STORAGE.—The allocation (3) NEGOTIATION WITH TRIBE.—On the basis of water rights above Lake Elwell exceed 88,000 under subsection (a) shall not be increased by the review described in paragraph (1)(A), the acre-feet per year of water because of New De- any year-to-year carryover storage. Secretary shall negotiate with the Tribe appro- velopment (as defined in article II.37 of the (g) DEVELOPMENT AND DELIVERY COSTS.—The priate changes to the final design of any activ- Compact). United States shall not be required to pay the ity under this subsection to ensure that the final (b) TREATMENT.— cost of developing or delivering any water allo- design meets applicable industry standards. (1) IN GENERAL.—The allocation to the Tribe cated under this section. (e) FUNDING.—The total amount of obligations under subsection (a) shall be considered to be SEC. 3710. IRRIGATION ACTIVITIES. incurred by the Secretary in carrying out this part of the Tribal water rights. (a) IN GENERAL.—Subject to the availability of section, prior to any adjustment provided for in (2) PRIORITY DATE.—The priority date of the appropriations, the Secretary, acting through section 3718, shall not exceed $54,900,000, of allocation to the Tribe under subsection (a) the Commissioner of Reclamation and in accord- which— shall be the priority date of the Lake Elwell ance with subsection (c), shall carry out the fol- (1) $40,900,000 shall be allocated to carry out water right held by the Bureau of Reclamation. lowing actions relating to the Blackfeet Irriga- the activities described in subsection (c); and (3) ADMINISTRATION.—The Tribe shall admin- (2) $14,000,000 shall be allocated to carry out ister the water allocated under subsection (a) in tion Project: (1) Deferred maintenance. the activities described in subsection (d)(2). accordance with the Compact and this subtitle. (f) NONREIMBURSABILITY OF COSTS.—All costs (c) ALLOCATION AGREEMENT.— (2) Dam safety improvements for Four Horns Dam. incurred by the Secretary in carrying out this (1) IN GENERAL.—As a condition of receiving section shall be nonreimbursable. an allocation under this section, the Tribe shall (3) Rehabilitation and enhancement of the Four Horns Feeder Canal, Dam, and Reservoir. (g) NON-FEDERAL CONTRIBUTION.—No part of enter into an agreement with the Secretary to the project under subsection (d) shall be com- (b) LEAD AGENCY.—The Bureau of Reclama- establish the terms and conditions of the alloca- menced until the State has made available tion, in accordance with the Compact and this tion shall serve as the lead agency with respect to any activities carried out under this section. $20,000,000 to carry out the activities described subtitle. in subsection (d)(2). (c) SCOPE OF DEFERRED MAINTENANCE ACTIVI- (2) INCLUSIONS.—The agreement under para- (h) ADMINISTRATION.—The Commissioner of TIES AND FOUR HORNS DAM SAFETY IMPROVE- graph (1) shall include provisions establishing Reclamation and the Tribe shall negotiate the MENTS.— that— cost of any oversight activity carried out by the (1) IN GENERAL.—Subject to the conditions de- (A) the agreement shall be without limit as to Bureau of Reclamation under any agreement scribed in paragraph (2), the scope of the de- term; entered into under subsection (m), subject to the ferred maintenance activities and Four Horns (B) the Tribe, and not the United States, shall condition that the total cost for the oversight Dam safety improvements shall be as generally be entitled to all consideration due to the Tribe shall not exceed 4 percent of the total project described in— under any lease, contract, or agreement entered costs for each project. (A) the document entitled ‘‘Engineering Eval- into by the Tribe pursuant to subsection (d); (i) PROJECT EFFICIENCIES.—If the total cost of uation and Condition Assessment, Blackfeet Ir- (C) the United States shall have no obligation planning, design, and construction activities re- rigation Project’’, prepared by DOWL HKM, to monitor, administer, or account for— lating to the projects described in this section re- and dated August 2007; and (i) any funds received by the Tribe as consid- sults in cost savings and is less than the (B) the provisions relating to Four Horns Re- eration under any lease, contract, or agreement amounts authorized to be obligated, the Sec- habilitated Dam of the document entitled ‘‘Four entered into by the Tribe pursuant to subsection retary, at the request of the Tribe, may— (d); or Horns Dam Enlarged Appraisal Evaluation De- (1) use those cost savings to carry out a (ii) the expenditure of those funds; sign Report’’, prepared by DOWL HKM, and project described in section 3707(d), 3711, 3712, or (D) if the capacity or function of Lake Elwell dated April 2007. 3713; or facilities are significantly reduced, or are antici- (2) CONDITIONS.—The conditions referred to in (2) deposit those cost savings to the Blackfeet pated to be significantly reduced, for an ex- paragraph (1) are that, before commencing con- OM&R Trust Account. tended period of time, the Tribe shall have the struction activities, the Secretary shall— (j) OWNERSHIP BY TRIBE OF BIRCH CREEK DE- same rights as other storage contractors with re- (A) review the design of the proposed rehabili- LIVERY FACILITIES.—Notwithstanding any other spect to the allocation under this section; tation or improvement; provision of law, the Secretary shall transfer to (E) the costs associated with the construction (B) perform value engineering analyses; the Tribe, at no cost, title in and to the facilities of the storage facilities at Tiber Dam allocable (C) perform appropriate Federal environ- constructed under subsection (d)(2)(C). to the Tribe shall be nonreimbursable; mental compliance activities; and (k) OWNERSHIP, OPERATION, AND MAINTE- (F) no water service capital charge shall be (D) ensure that the deferred maintenance ac- NANCE.—On transfer to the Tribe of title under due or payable for any water allocated to the tivities and dam safety improvements may be subsection (j), the Tribe shall— Tribe pursuant to this section or the allocation constructed using only the amounts made avail- (1) be responsible for OM&R in accordance agreement, regardless of whether that water is able under section 3718. with the Birch Creek Agreement; and delivered for use by the Tribe or under a lease, (d) SCOPE OF REHABILITATION AND ENHANCE- (2) enter into an agreement with the Bureau contract, or by agreement entered into by the MENT OF FOUR HORNS FEEDER CANAL, DAM, AND of Indian Affairs regarding the operation of the Tribe pursuant to subsection (d); RESERVOIR.— facilities described in that subsection.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00064 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7465

(l) LIABILITY OF UNITED STATES.—The United Bureau of Reclamation under any agreement shall be held by the Tribe, except that title to States shall have no obligation or responsibility entered into under this section, subject to the the Birch Creek Unit of the Blackfeet Indian Ir- with respect the facilities described in subsection condition that the total cost for the oversight rigation Project shall remain with the Bureau of (d)(2)(C). shall not exceed 4 percent of the total costs in- Indian Affairs. (m) APPLICABILITY OF ISDEAA.—At the re- curred under this section. (g) ADMINISTRATION.—The Commissioner of quest of the Tribe, and in accordance with the (i) OM&R COSTS.—The Federal Government Reclamation and the Tribe shall negotiate the Indian Self-Determination and Education As- shall have no obligation to pay for the OM&R cost of any oversight activity carried out by the sistance Act (25 U.S.C. 5301 et seq.), the Sec- costs for any facility rehabilitated or con- Bureau of Reclamation under any agreement retary shall enter into 1 or more agreements structed under this section. entered into under this section, subject to the with the Tribe to carry out this section. (j) PROJECT EFFICIENCIES.—If the total cost of condition that the total cost for the oversight (n) EFFECT.—Nothing in this section— planning, design, and construction activities re- shall not exceed 4 percent of the total costs in- (1) alters any applicable law (including regu- lating to the projects described in this section re- curred under this section. lations) under which the Bureau of Indian Af- sults in cost savings and is less than the (h) OM&R COSTS.—The Federal Government fairs collects assessments or carries out Black- amounts authorized to be obligated, the Sec- shall have no obligation to pay for the OM&R feet Irrigation Project OM&R; or retary, at the request of the Tribe, may— costs for the facilities rehabilitated or con- (2) impacts the availability of amounts made (1) use those cost savings to carry out a structed under this section. available under subsection (a)(1)(B) of section project described in section 3707(d), 3710, 3712, or (i) PROJECT EFFICIENCIES.—If the total cost of 3718. 3713; or planning, design, and construction activities re- SEC. 3711. DESIGN AND CONSTRUCTION OF MR&I (2) deposit those cost savings to the Blackfeet lating to the projects described in this section re- SYSTEM. OM&R Trust Account. sults in cost savings and is less than the (a) IN GENERAL.—Subject to the availability of (k) APPLICABILITY OF ISDEAA.—At the re- amounts authorized to be obligated, the Sec- appropriations, the Secretary, acting through quest of the Tribe, and in accordance with the retary, at the request of the Tribe, may— the Commissioner of Reclamation, shall plan, Indian Self-Determination and Education As- (1) use those cost savings to carry out a design, and construct the water diversion and sistance Act (25 U.S.C. 5301 et seq.), the Sec- project described in section 3707(d), 3710, 3711, or delivery features of the MR&I System in accord- retary shall enter into 1 or more agreements 3713; or ance with 1 or more agreements between the Sec- with the Tribe to carry out this section. (2) deposit those cost savings to the Blackfeet retary and the Tribe. SEC. 3712. DESIGN AND CONSTRUCTION OF OM&R Trust Account. (b) LEAD AGENCY.—The Bureau of Reclama- WATER STORAGE AND IRRIGATION (j) APPLICABILITY OF ISDEAA.—At the re- tion shall serve as the lead agency with respect FACILITIES. quest of the Tribe, and in accordance with the to any activity to design and construct the (a) IN GENERAL.—Subject to the availability of Indian Self-Determination and Education As- water diversion and delivery features of the appropriations, the Secretary, acting through sistance Act (25 U.S.C. 5301 et seq.), the Sec- MR&I System. the Commissioner of Reclamation, shall plan, retary shall enter into 1 or more agreements (c) SCOPE.— design, and construct 1 or more facilities to store with the Tribe to carry out this section. (1) IN GENERAL.—The scope of the design and water and support irrigation on the Reservation SEC. 3713. BLACKFEET WATER, STORAGE, AND DE- construction under this section shall be as gen- in accordance with 1 or more agreements be- VELOPMENT PROJECTS. erally described in the document entitled tween the Secretary and the Tribe. (a) IN GENERAL.— ‘‘Blackfeet Regional Water System’’, prepared (b) LEAD AGENCY.—The Bureau of Reclama- (1) SCOPE.—The scope of the construction by DOWL HKM, dated June 2010, and modified tion shall serve as the lead agency with respect under this section shall be as generally de- by DOWL HKM in the addendum to the report to any activity to design and construct the irri- scribed in the document entitled ‘‘Blackfeet dated March 2013, subject to the condition that, gation development and water storage facilities Water Storage, Development, and Project Re- before commencing final design and construc- described in subsection (c). port’’, prepared by DOWL HKM, and dated tion activities, the Secretary shall— (c) SCOPE.— March 13, 2013, as modified and agreed to by the (A) review the design of the proposed rehabili- (1) IN GENERAL.—The scope of the design and Secretary and the Tribe. tation and construction; construction under this section shall be as gen- (2) MODIFICATION.—The Tribe may modify the (B) perform value engineering analyses; and erally described in the document entitled scope of the projects described in the document (C) perform appropriate Federal compliance ‘‘Blackfeet Water Storage, Development, and referred to in paragraph (1) if— activities. Project Report’’, prepared by DOWL HKM, and (A) the modified project is— (2) NEGOTIATION WITH TRIBE.—On the basis of dated March 13, 2013, as modified and agreed to (i) similar to the proposed project; and the review described in paragraph (1)(A), the by the Secretary and the Tribe, subject to the (ii) consistent with the purposes of this sub- Secretary shall negotiate with the Tribe appro- condition that, before commencing final design title; and priate changes, if any, to the final design— and construction activities, the Secretary (B) the modification is approved by the Sec- (A) to ensure that the final design meets ap- shall— retary. plicable industry standards; (A) review the design of the proposed con- (b) NONREIMBURSABILITY OF COSTS.—All costs (B) to improve the cost-effectiveness of the de- struction; incurred by the Secretary in carrying out this livery of MR&I System water; and (B) perform value engineering analyses; and section shall be nonreimbursable. (C) to ensure that the MR&I System may be (C) perform appropriate Federal compliance (c) FUNDING.—The total amount of obligations constructed using only the amounts made avail- activities. incurred by the Secretary in carrying out this able under section 3718. (2) MODIFICATION.—The Secretary may modify section, prior to any adjustment provided for in (d) NONREIMBURSABILITY OF COSTS.—All costs the scope of construction for the projects de- section 3718, shall not exceed $91,000,000. incurred by the Secretary in carrying out this scribed in the document referred to in para- (d) OM&R COSTS.—The Federal Government section shall be nonreimbursable. graph (1), if— shall have no obligation to pay for the OM&R (e) FUNDING.—The total amount of obligations (A) the modified project is— costs for the facilities rehabilitated or con- incurred by the Secretary in carrying out this (i) similar in purpose to the proposed projects; structed under this section. section, prior to any adjustment provided for in and (e) OWNERSHIP BY TRIBE.—Title to any facility section 3718, shall not exceed $76,200,000. (ii) consistent with the purposes of this sub- constructed under this section shall be held by (f) NON-FEDERAL CONTRIBUTION.— title; and the Tribe. (1) CONSULTATION.—Before completion of the (B) the Secretary has consulted with the Tribe SEC. 3714. EASEMENTS AND RIGHTS-OF-WAY. final design of the MR&I System required by regarding any modification. (a) TRIBAL EASEMENTS AND RIGHTS-OF-WAY.— subsection (c), the Secretary shall consult with (3) NEGOTIATION WITH TRIBE.—On the basis of (1) IN GENERAL.—On request of the Secretary, the Tribe, the State, and other affected non- the review described in paragraph (1)(A), the the Tribe shall grant, at no cost to the United Federal parties to discuss the possibility of re- Secretary shall negotiate with the Tribe appro- States, such easements and rights-of-way over ceiving non-Federal contributions for the cost of priate changes, if any, to the final design— tribal land as are necessary for the construction the MR&I System. (A) to ensure that the final design meets ap- of the projects authorized by sections 3710 and (2) NEGOTIATIONS.—If, based on the extent to plicable industry standards; 3711. which non-Federal parties are expected to use (B) to improve the cost-effectiveness of any (2) JURISDICTION.—An easement or right-of- the MR&I System, a non-Federal contribution construction; and way granted by the Tribe pursuant to para- to the MR&I System is determined by the parties (C) to ensure that the projects may be con- graph (1) shall not affect in any respect the civil described in paragraph (1) to be appropriate, the structed using only the amounts made available or criminal jurisdiction of the Tribe over the Secretary shall initiate negotiations for an under section 3718. easement or right-of-way. agreement regarding the means by which the (d) NONREIMBURSABILITY OF COSTS.—All costs (b) LANDOWNER EASEMENTS AND RIGHTS-OF- contributions shall be provided. incurred by the Secretary in carrying out this WAY.—In partial consideration for the construc- (g) OWNERSHIP BY TRIBE.—Title to the MR&I section shall be nonreimbursable. tion activities authorized by section 3711, and as System and all facilities rehabilitated or con- (e) FUNDING.—The total amount of obligations a condition of receiving service from the MR&I structed under this section shall be held by the incurred by the Secretary in carrying out this System, a landowner shall grant, at no cost to Tribe. section, prior to any adjustment provided for in the United States or the Tribe, such easements (h) ADMINISTRATION.—The Commissioner of section 3718, shall not exceed $87,300,000. and rights-of-way over the land of the land- Reclamation and the Tribe shall negotiate the (f) OWNERSHIP BY TRIBE.—Title to all facilities owner as may be necessary for the construction cost of any oversight activity carried out by the rehabilitated or constructed under this section of the MR&I System.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00065 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7466 CONGRESSIONAL RECORD — HOUSE December 8, 2016

(c) LAND ACQUIRED BY UNITED STATES OR (f) TRIBAL WATER CODE.— or other loss of all or any portion of the Tribal TRIBE.—Any land acquired within the bound- (1) IN GENERAL.—Notwithstanding article water rights. aries of the Reservation by the United States on IV.C.1. of the Compact, not later than 4 years (h) EFFECT.—Except as otherwise expressly behalf of the Tribe, or by the Tribe on behalf of after the date on which the Tribe ratifies the provided in this section, nothing in this sub- the Tribe, in connection with achieving the pur- Compact in accordance with this subtitle, the title— poses of this subtitle shall be held in trust by the Tribe shall enact a tribal water code that pro- (1) authorizes any action by an allottee United States for the benefit of the Tribe. vides for— against any individual or entity, or against the SEC. 3715. TRIBAL WATER RIGHTS. (A) the management, regulation, and govern- Tribe, under Federal, State, tribal, or local law; (a) CONFIRMATION OF TRIBAL WATER ance of all uses of the Tribal water rights in ac- or RIGHTS.— cordance with the Compact and this subtitle; (2) alters or affects the status of any action (1) IN GENERAL.—The Tribal water rights are and brought pursuant to section 1491(a) of title 28, ratified, confirmed, and declared to be valid. (B) establishment by the Tribe of conditions, United States Code. (2) USE.—Any use of the Tribal water rights permit requirements, and other requirements for SEC. 3716. BLACKFEET SETTLEMENT TRUST shall be subject to the terms and conditions of the allocation, distribution, or use of the Tribal FUND. the Compact and this subtitle. water rights in accordance with the Compact (a) ESTABLISHMENT.—There is established in (3) CONFLICT.—In the event of a conflict be- and this subtitle. the Treasury of the United States a trust fund, tween the Compact and this subtitle, the provi- (2) INCLUSIONS.—Subject to the approval of to be known as the ‘‘Blackfeet Settlement Trust sions of this subtitle shall control. the Secretary, the tribal water code shall pro- Fund’’ (referred to in this section as the ‘‘Trust vide— (b) INTENT OF CONGRESS.—It is the intent of Fund’’), to be managed, invested, and distrib- Congress to provide to each allottee benefits (A) that use of water by allottees shall be sat- uted by the Secretary and to remain available that are equivalent to, or exceed, the benefits isfied with water from the Tribal water rights; until expended, consisting of the amounts de- (B) a process by which an allottee may re- the allottees possess on the day before the date posited in the Trust Fund under subsection (c), quest that the Tribe provide water for irrigation of enactment of this Act, taking into consider- together with any interest earned on those use in accordance with this subtitle, including ation— amounts, for the purpose of carrying out this the provision of water under any allottee lease (1) the potential risks, cost, and time delay as- subtitle. under section 4 of the Act of June 25, 1910 (25 sociated with litigation that would be resolved (b) ACCOUNTS.—The Secretary shall establish U.S.C. 403); by the Compact and this subtitle; in the Trust Fund the following accounts: (C) a due process system for the consideration (2) the availability of funding under this sub- (1) The Administration and Energy Account. and determination by the Tribe of any request title and from other sources; (2) The OM&R Account. by an allottee (or a successor in interest to an (3) The St. Mary Account. (3) the availability of water from the Tribal allottee) for an allocation of water for irrigation (4) The Blackfeet Water, Storage, and Devel- water rights; and purposes on allotted land, including a process opment Projects Account. (4) the applicability of section 7 of the Act of for— (c) DEPOSITS.—The Secretary shall deposit in February 8, 1887 (25 U.S.C. 381), and this sub- (i) appeal and adjudication of any denied or the Trust Fund— title to protect the interests of allottees. disputed distribution of water; and (1) in the Administration and Energy Ac- (c) TRUST STATUS OF TRIBAL WATER RIGHTS.— (ii) resolution of any contested administrative count, the amount made available pursuant to The Tribal water rights— decision; and section 3718(a)(1)(A); (1) shall be held in trust by the United States (D) a requirement that any allottee asserting (2) in the OM&R Account, the amount made for the use and benefit of the Tribe and the a claim relating to the enforcement of rights of available pursuant to section 3718(a)(1)(B); allottees in accordance with this subtitle; and the allottee under the tribal water code, or to (3) in the St. Mary Account, the amount made (2) shall not be subject to forfeiture or aban- the quantity of water allocated to land of the available pursuant to section 3718(a)(1)(C); and donment. allottee, shall exhaust all remedies available to (4) in the Blackfeet Water, Storage, and De- (d) ALLOTTEES.— the allottee under tribal law before initiating an velopment Projects Account, the amount made (1) APPLICABILITY OF ACT OF FEBRUARY 8, action against the United States or petitioning available pursuant to section 3718(a)(1)(D). 1887.—The provisions of section 7 of the Act of the Secretary pursuant to subsection (d)(4)(B). (d) MANAGEMENT AND INTEREST.— February 8, 1887 (25 U.S.C. 381), relating to the (3) ACTION BY SECRETARY.— (1) MANAGEMENT.—The Secretary shall man- use of water for irrigation purposes, shall apply (A) IN GENERAL.—During the period beginning age, invest, and distribute all amounts in the to the Tribal water rights. on the date of enactment of this Act and ending Trust Fund in a manner that is consistent with (2) ENTITLEMENT TO WATER.—Any entitlement on the date on which a tribal water code de- the investment authority of the Secretary to water of an allottee under Federal law shall scribed in paragraphs (1) and (2) is enacted, the under— be satisfied from the Tribal water rights. Secretary shall administer, with respect to the (A) the first section of the Act of June 24, 1938 (3) ALLOCATIONS.—An allottee shall be enti- rights of allottees, the Tribal water rights in ac- (25 U.S.C. 162a); tled to a just and equitable allocation of water cordance with this subtitle. (B) the American Indian Trust Fund Manage- for irrigation purposes. (B) APPROVAL.—The tribal water code de- ment Reform Act of 1994 (25 U.S.C. 4001 et seq.); (4) CLAIMS.— scribed in paragraphs (1) and (2) shall not be and (A) EXHAUSTION OF REMEDIES.—Before assert- valid unless— (C) this section. ing any claim against the United States under (i) the provisions of the tribal water code re- (2) INTEREST.—In addition to the deposits section 7 of the Act of February 8, 1887 (25 quired by paragraph (2) are approved by the under subsection (c), any interest credited to U.S.C. 381), or any other applicable law, an al- Secretary; and amounts unexpended in the Trust Fund are au- lottee shall exhaust remedies available under (ii) each amendment to the tribal water code thorized to be appropriated to be used in accord- the tribal water code or other applicable tribal that affects a right of an allottee is approved by ance with the uses described in subsection (h). law. the Secretary. (e) AVAILABILITY OF AMOUNTS.— (B) ACTION FOR RELIEF.—After the exhaustion (C) APPROVAL PERIOD.— (1) IN GENERAL.—Amounts appropriated to, of all remedies available under the tribal water (i) IN GENERAL.—The Secretary shall approve and deposited in, the Trust Fund, including any code or other applicable tribal law, an allottee or disapprove the tribal water code or an investment earnings, shall be made available to may seek relief under section 7 of the Act of amendment to the tribal water code not later the Tribe by the Secretary beginning on the en- February 8, 1887 (25 U.S.C. 381), or other appli- than 180 days after the date on which the tribal forceability date. cable law. water code or amendment is submitted to the (2) FUNDING FOR TRIBAL IMPLEMENTATION AC- (5) AUTHORITY OF SECRETARY.—The Secretary Secretary. TIVITIES.—Notwithstanding paragraph (1), on shall have the authority to protect the rights of (ii) EXTENSION.—The deadline described in approval pursuant to this subtitle and the Com- allottees in accordance with this section. clause (i) may be extended by the Secretary pact by a referendum vote of a majority of votes (e) AUTHORITY OF TRIBE.— after consultation with the Tribe. cast by members of the Tribe on the day of the (1) IN GENERAL.—The Tribe shall have the au- (g) ADMINISTRATION.— vote, as certified by the Secretary and the Tribe thority to allocate, distribute, and lease the (1) NO ALIENATION.—The Tribe shall not per- and subject to the availability of appropriations, Tribal water rights for any use on the Reserva- manently alienate any portion of the Tribal of the amounts in the Administration and En- tion in accordance with the Compact, this sub- water rights. ergy Account, $4,800,000 shall be made available title, and applicable Federal law. (2) PURCHASES OR GRANTS OF LAND FROM INDI- to the Tribe for the implementation of this sub- (2) OFF-RESERVATION USE.—The Tribe may al- ANS.—An authorization provided by this subtitle title. locate, distribute, and lease the Tribal water for the allocation, distribution, leasing, or other (f) WITHDRAWALS UNDER AIFRMRA.— rights for off-Reservation use in accordance arrangement entered into pursuant to this sub- (1) IN GENERAL.—The Tribe may withdraw with the Compact, subject to the approval of the title shall be considered to satisfy any require- any portion of the funds in the Trust Fund on Secretary. ment for authorization of the action by treaty or approval by the Secretary of a tribal manage- (3) LAND LEASES BY ALLOTTEES.—Notwith- convention imposed by section 2116 of the Re- ment plan submitted by the Tribe in accordance standing paragraph (1), an allottee may lease vised Statutes (25 U.S.C. 177). with the American Indian Trust Fund Manage- any interest in land held by the allottee, to- (3) PROHIBITION ON FORFEITURE.—The non- ment Reform Act of 1994 (25 U.S.C. 4001 et seq.). gether with any water right determined to be use of all or any portion of the Tribal water (2) REQUIREMENTS.— appurtenant to the interest in land, in accord- rights by a lessee or contractor shall not result (A) IN GENERAL.—In addition to the require- ance with the tribal water code. in the forfeiture, abandonment, relinquishment, ments under the American Indian Trust Fund

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00066 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7467

Management Reform Act of 1994 (25 U.S.C. 4001 (k) DEPOSIT OF FUNDS.—On request by the (2) as adjusted annually to reflect changes et seq.), the tribal management plan under Tribe, the Secretary may deposit amounts from since April 2010 in the Bureau of Reclamation paragraph (1) shall require that the Tribe shall an account described in paragraph (1), (2), or Construction Cost Trends Index applicable to spend all amounts withdrawn from the Trust (4) of subsection (b) to any other account the the types of construction involved— Fund in accordance with this subtitle. Secretary determines to be appropriate. (A) for deposit in the MR&I System, Irriga- (B) ENFORCEMENT.—The Secretary may carry SEC. 3717. BLACKFEET WATER SETTLEMENT IM- tion, and Water Storage Account of the Black- out such judicial and administrative actions as PLEMENTATION FUND. feet Water Settlement Implementation Fund es- the Secretary determines to be necessary to en- (a) ESTABLISHMENT.—There is established in tablished under section 3717(b)(1), $163,500,000; force the tribal management plan to ensure that the Treasury of the United States a nontrust, (B) for deposit in the Blackfeet Irrigation amounts withdrawn by the Tribe from the Trust interest-bearing account, to be known as the Project Deferred Maintenance, Four Horns Dam Fund under this subsection are used in accord- ‘‘Blackfeet Water Settlement Implementation Safety, and Rehabilitation and Enhancement of ance with this subtitle. Fund’’ (referred to in this section as the ‘‘Imple- the Four Horns Feeder Canal, Dam, and Res- (g) WITHDRAWALS UNDER EXPENDITURE mentation Fund’’), to be managed and distrib- ervoir Improvements Account of the Blackfeet PLAN.— uted by the Secretary, for use by the Secretary Water Settlement Implementation Fund estab- (1) IN GENERAL.—The Tribe may submit to the for carrying out this subtitle. lished under section 3717(b)(2), $54,900,000, of Secretary a request to withdraw funds from the (b) ACCOUNTS.—The Secretary shall establish which— Trust Fund pursuant to an approved expendi- in the Implementation Fund the following ac- (i) $40,900,000 shall be made available for ac- ture plan. counts: tivities and projects under section 3710(c); and (2) REQUIREMENTS.—To be eligible to with- (1) The MR&I System, Irrigation, and Water (ii) $14,000,000 shall be made available for ac- draw funds under an expenditure plan under Storage Account. tivities and projects under section 3710(d)(2); paragraph (1), the Tribe shall submit to the Sec- (2) The Blackfeet Irrigation Project Deferred (C) for deposit in the St. Mary/Milk Water retary for approval an expenditure plan for any Maintenance and Four Horns Dam Safety Im- Management and Activities Account of the portion of the Trust Fund that the Tribe elects provements Account. Blackfeet Water Settlement Implementation to withdraw pursuant to this subsection, subject (3) The St. Mary/Milk Water Management and Fund established under section 3717(b)(3), to the condition that the funds shall be used for Activities Fund. $28,100,000, of which— the purposes described in this subtitle. (c) DEPOSITS.—The Secretary shall deposit in (i) $27,600,000 shall be allocated in accordance (3) INCLUSIONS.—An expenditure plan under the Implementation Fund— with section 3707(g); and this subsection shall include a description of the (1) in the MR&I System, Irrigation, and Water (ii) $500,000 shall be used to carry out section manner and purpose for which the amounts pro- Storage Account, the amount made available 3705; and posed to be withdrawn from the Trust Fund will pursuant to section 3718(a)(2)(A); (D) the amount of interest credited to the un- be used by the Tribe, in accordance with sub- (2) in the Blackfeet Irrigation Project Deferred expended amounts of the Blackfeet Water Settle- section (h). Maintenance and Four Horns Dam Safety Im- ment Implementation Fund. (4) APPROVAL.—On receipt of an expenditure provements Account, the amount made available (b) ADJUSTMENTS.— plan under this subsection, the Secretary shall pursuant to section 3718(a)(2)(B); and (1) IN GENERAL.—The adjustment of the approve the plan, if the Secretary determines (3) in the St. Mary/Milk Water Management amounts authorized to be appropriated pursu- that the plan— and Activities Fund, the amount made available ant to subsection (a)(1) shall occur each time an (A) is reasonable; and pursuant to section 3718(a)(2)(C). amount is appropriated for an account and (B) is consistent with, and will be used for, (d) USES.— shall add to, or subtract from, as applicable, the the purposes of this subtitle. (1) MR&I SYSTEM, IRRIGATION, AND WATER total amount authorized. (5) ENFORCEMENT.—The Secretary may carry STORAGE ACCOUNT.—The MR&I System, Irriga- (2) REPETITION.—The adjustment process out such judicial and administrative actions as tion, and Water Storage Account shall be used under this subsection shall be repeated for each the Secretary determines to be necessary to en- to carry out sections 3711 and 3712. subsequent amount appropriated until the force an expenditure plan to ensure that (2) BLACKFEET IRRIGATION PROJECT DEFERRED amount authorized, as adjusted, has been ap- amounts disbursed under this subsection are MAINTENANCE AND FOUR HORNS DAM SAFETY IM- propriated. used in accordance with this subtitle. PROVEMENTS ACCOUNT.—The Blackfeet Irriga- (3) TREATMENT.—The amount of an adjust- (h) USES.—Amounts from the Trust Fund tion Project Deferred Maintenance and Four ment may be considered— shall be used by the Tribe for the following pur- Horns Dam Safety Improvements Account shall (A) to be authorized as of the date on which poses: be used to carry out section 3710. congressional action occurs; and (1) The Administration and Energy Account (3) ST. MARY/MILK WATER MANAGEMENT AND (B) in determining the amount authorized to shall be used for administration of the Tribal ACTIVITIES ACCOUNT.—The St. Mary/Milk Water be appropriated. water rights and energy development projects Management and Activities Account shall be SEC. 3719. WATER RIGHTS IN LEWIS AND CLARK under this subtitle and the Compact. used to carry out sections 3705 and 3707. NATIONAL FOREST AND GLACIER (2) The OM&R Account shall be used to assist (e) MANAGEMENT.—Amounts in the Implemen- NATIONAL PARK. the Tribe in paying OM&R costs. tation Fund shall not be available to the Sec- The instream flow water rights of the Tribe on (3) The St. Mary Account shall be distributed retary for expenditure until the enforceability land within the Lewis and Clark National For- pursuant to an expenditure plan approved date. est and Glacier National Park— under subsection (g), subject to the conditions (f) INTEREST.—In addition to the deposits (1) are confirmed; and that— under subsection (c), any interest credited to (2) shall be as described in the document enti- (A) during the period for which the amount is amounts unexpended in the Implementation tled ‘‘Stipulation to Address Claims by and for available and held by the Secretary, $500,000 Fund are authorized to be appropriated to be the Benefit of the Blackfeet Indian Tribe to shall be distributed to the Tribe annually as used in accordance with the uses described in Water Rights in the Lewis & Clark National compensation for the deferral of the St. Mary subsection (d). Forest and Glacier National Park’’ and as fi- water right; and SEC. 3718. AUTHORIZATION OF APPROPRIATIONS. nally decreed by the Montana Water Court, or, (B) any additional amounts deposited in the if the Montana Water Court is found to lack ju- account may be withdrawn and used by the (a) IN GENERAL.—Subject to subsection (b), there are authorized to be appropriated to the risdiction, by the United States district court Tribe to pay OM&R costs or other expenses for with jurisdiction. 1 or more projects to benefit the Tribe, as ap- Secretary— proved by the Secretary, subject to the require- (1) as adjusted on appropriation to reflect SEC. 3720. WAIVERS AND RELEASES OF CLAIMS. ment that the Secretary shall not approve an ex- changes since April 2010 in the Consumer Price (a) IN GENERAL.— (1) WAIVER AND RELEASE OF CLAIMS BY TRIBE penditure plan under this paragraph unless the Index for All Urban Consumers West Urban AND UNITED STATES AS TRUSTEE FOR TRIBE.— Tribe provides a resolution of the tribal coun- 50,000 to 1,500,000 index for the amount appro- Subject to the reservation of rights and reten- cil— priated— (i) approving the withdrawal of the funds (A) for deposit in the Administration and En- tion of claims under subsection (c), as consider- from the account; and ergy Account of the Blackfeet Settlement Trust ation for recognition of the Tribal water rights (ii) acknowledging that the Secretary will not Fund established under section 3716(b)(1), and other benefits as described in the Compact be able to distribute funds under subparagraph $28,900,000; and this subtitle, the Tribe, acting on behalf of (A) indefinitely if the principal funds in the ac- (B) for deposit in the OM&R Account of the the Tribe and members of the Tribe (but not any count are reduced. Blackfeet Settlement Trust Fund established member of the Tribe as an allottee), and the (4) The Blackfeet Water, Storage, and Devel- under section 3716(b)(2), $27,760,000; United States, acting as trustee for the Tribe opment Projects Account shall be used to carry (C) for deposit in the St. Mary Account of the and the members of the Tribe (but not any mem- out section 3713. Blackfeet Settlement Trust Fund established ber of the Tribe as an allottee), shall execute a (i) LIABILITY.—The Secretary and the Sec- under section 3716(b)(3), $27,800,000; waiver and release of all claims for water rights retary of the Treasury shall not be liable for the (D) for deposit in the Blackfeet Water, Stor- within the State that the Tribe, or the United expenditure or investment of any amounts with- age, and Development Projects Account of the States acting as trustee for the Tribe, asserted or drawn from the Trust Fund by the Tribe under Blackfeet Settlement Trust Fund established could have asserted in any proceeding, includ- subsection (f) or (g). under section 3716(b)(4), $91,000,000; and ing a State stream adjudication, on or before the (j) NO PER CAPITA DISTRIBUTIONS.—No por- (E) the amount of interest credited to the un- enforceability date, except to the extent that tion of the Trust Fund shall be distributed on a expended amounts of the Blackfeet Settlement such rights are recognized in the Compact and per capita basis to any member of the Tribe. Trust Fund; and this subtitle.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00067 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7468 CONGRESSIONAL RECORD — HOUSE December 8, 2016

(2) WAIVER AND RELEASE OF CLAIMS BY UNITED claims filed by the United States for the benefit (6) revives any claim released by an allottee or STATES AS TRUSTEE FOR ALLOTTEES.—Subject to of the Milk River Project, except objections to a tribal member in the settlement for the case the reservation of rights and the retention of those claims consolidated for adjudication with- styled Cobell v. Salazar, No. 1:96CV01285–JR claims under subsection (c), as consideration for in Basin 40J, within 14 days of the certification (D.D.C. 2012). recognition of the Tribal water rights and other under subsection (f)(5) that the Tribal member- (f) ENFORCEABILITY DATE.—The enforceability benefits as described in the Compact and this ship has approved the Compact and this sub- date shall be the date on which the Secretary subtitle, the United States, acting as trustee for title. publishes in the Federal Register a statement of allottees, shall execute a waiver and release of (1) Prior to withdrawal of the objections, the findings that— all claims for water rights within the Reserva- Tribe may seek leave of the Montana Water (1)(A) the Montana Water Court has approved tion that the United States, acting as trustee for Court for a right to reinstate the objections in the Compact, and that decision has become final the allottees, asserted or could have asserted in the event the conditions of enforceability in sub- and nonappealable; or any proceeding, including a State stream adju- section (f)(1) through (8) are not satisfied by the (B) if the Montana Water Court is found to dication, on or before the enforceability date, date of expiration described in section 3723 of lack jurisdiction, the appropriate United States except to the extent that such rights are recog- this subtitle. district court has approved the Compact, and nized in the Compact and this subtitle. (2) If the conditions of enforceability in sub- that decision has become final and nonappeal- (3) WAIVER AND RELEASE OF CLAIMS BY TRIBE section (f)(1) through (8) are satisfied, and any able; AGAINST UNITED STATES.—Subject to the reserva- authority the Montana Water Court may have (2) all amounts authorized under section tion of rights and retention of claims under sub- granted the Tribe to reinstate objections de- 3718(a) have been appropriated; section (d), the Tribe, acting on behalf of the scribed in this section has not yet expired, the (3) the agreements required by sections Tribe and members of the Tribe (but not any Tribe shall notify the Montana Water Court and 3706(c), 3707(f), and 3709(c) have been executed; member of the Tribe as an allottee), shall exe- the United States in writing that it will not ex- (4) the State has appropriated and paid into cute a waiver and release of all claims against ercise any such authority. an interest-bearing escrow account any pay- the United States (including any agency or em- (d) RESERVATION OF RIGHTS AND RETENTION ments due as of the date of enactment of this ployee of the United States)— OF CLAIMS.—Notwithstanding the waivers and Act to the Tribe under the Compact, the Birch (A) relating to— releases under subsection (a), the Tribe, acting Creek Agreement, and this subtitle; (i) water rights within the State that the on behalf of the Tribe and members of the Tribe, (5) the members of the Tribe have voted to ap- United States, acting as trustee for the Tribe, and the United States, acting as trustee for the prove this subtitle and the Compact by a major- asserted or could have asserted in any pro- Tribe and allottees, shall retain— ity of votes cast on the day of the vote, as cer- ceeding, including a stream adjudication in the (1) all claims relating to— tified by the Secretary and the Tribe; State, except to the extent that such rights are (A) enforcement of, or claims accruing after (6) the Secretary has fulfilled the requirements recognized as Tribal water rights under this the enforceability date relating to water rights of section 3709(a); subtitle; recognized under, the Compact, any final de- (7) the agreement or terms and conditions re- (ii) damage, loss, or injury to water, water cree, or this subtitle; ferred to in section 3705 are executed and final; rights, land, or natural resources due to loss of (B) activities affecting the quality of water, and water or water rights (including damages, including any claim under— (8) the waivers and releases described in sub- losses, or injuries to hunting, fishing, gathering, (i) the Comprehensive Environmental Re- section (a) have been executed by the Tribe and or cultural rights due to loss of water or water sponse, Compensation, and Liability Act of 1980 the Secretary. rights, claims relating to interference with, di- (42 U.S.C. 9601 et seq.), including damages to (g) TOLLING OF CLAIMS.— (1) IN GENERAL.—Each applicable period of version, or taking of water, or claims relating to natural resources; limitation and time-based equitable defense re- failure to protect, acquire, replace, or develop (ii) the Safe Drinking Water Act (42 U.S.C. lating to a claim described in this section shall water, water rights, or water infrastructure) 300f et seq.); (iii) the Federal Water Pollution Control Act be tolled during the period beginning on the within the State that first accrued at any time (33 U.S.C. 1251 et seq.) (commonly referred to as date of enactment of this Act and ending on the on or before the enforceability date; (iii) a failure to establish or provide a munic- the ‘‘Clean Water Act’’); and date on which the amounts made available to (iv) any regulations implementing the Acts de- ipal rural or industrial water delivery system on carry out this subtitle are transferred to the Sec- scribed in clauses (i) through (iii); or retary. the Reservation; (C) damage, loss, or injury to land or natural (iv) a failure to provide for operation or main- (2) EFFECT OF SUBSECTION.—Nothing in this resources that are not due to loss of water or tenance, or deferred maintenance, for the subsection revives any claim or tolls any period water rights (including hunting, fishing, gath- Blackfeet Irrigation Project or any other irriga- of limitation or time-based equitable defense ering, or cultural rights); tion system or irrigation project on the Reserva- that expired before the date of enactment of this (2) all rights to use and protect water rights Act. tion; acquired after the date of enactment of this Act; (v) the litigation of claims relating to the (h) EXPIRATION.—If all appropriations au- and thorized by this subtitle have not been made water rights of the Tribe in the State; and (3) all rights, remedies, privileges, immunities, (vi) the negotiation, execution, or adoption of available to the Secretary by January 21, 2026, and powers not specifically waived and released the Compact (including exhibits) or this subtitle; or such alternative later date as is agreed to by (B) reserved in subsections (b) through (d) of pursuant to this subtitle or the Compact. the Tribe and the Secretary, the waivers and re- (e) EFFECT OF COMPACT AND SUBTITLE.— section 3706 of the settlement for the case styled leases described in this section shall— Nothing in the Compact or this subtitle— Blackfeet Tribe v. United States, No. 02–127L (1) expire; and (1) affects the ability of the United States, act- (2) have no further force or effect. (Fed. Cl. 2012); and ing as a sovereign, to take any action author- (C) that first accrued at any time on or before (i) VOIDING OF WAIVERS.—If the waivers and ized by law (including any law relating to the enforceability date— releases described in this section are void under (i) arising from the taking or acquisition of health, safety, or the environment), including— subsection (h)— (A) the Comprehensive Environmental Re- the land of the Tribe or resources for the con- (1) the approval of the United States of the sponse, Compensation, and Liability Act of 1980 struction of the features of the St. Mary Unit of Compact under section 3704 shall no longer be (42 U.S.C. 9601 et seq.); effective; the Milk River Project; (B) the Safe Drinking Water Act (42 U.S.C. (ii) relating to the construction, operation, (2) any unexpended Federal funds appro- 300f et seq.); and maintenance of the St. Mary Unit of the priated or made available to carry out the ac- (C) the Federal Water Pollution Control Act tivities authorized by this subtitle, together with Milk River Project, including Sherburne Dam, (33 U.S.C. 1251 et seq.) (commonly referred to as St. Mary Diversion Dam, St. Mary Canal and any interest earned on those funds, and any the ‘‘Clean Water Act’’); and water rights or contracts to use water and title associated infrastructure, and the management (D) any regulations implementing the Acts de- of flows in Swiftcurrent Creek, including the di- to other property acquired or constructed with scribed in subparagraphs (A) through (C); Federal funds appropriated or made available to version of Swiftcurrent Creek into Lower St. (2) affects the ability of the United States to carry out the activities authorized under this Mary Lake; act as trustee for any other Indian tribe or allot- subtitle shall be returned to the Federal Govern- (iii) relating to the construction, operation, tee of any other Indian tribe; and management of Lower Two Medicine Dam (3) confers jurisdiction on any State court— ment, unless otherwise agreed to by the Tribe and Reservoir and Four Horns Dam and Res- (A) to interpret Federal law regarding health, and the United States and approved by Con- ervoir, including any claim relating to the fail- safety, or the environment; gress; and ure to provide dam safety improvements for (B) to determine the duties of the United (3) except for Federal funds used to acquire or Four Horns Reservoir; or States or any other party pursuant to a Federal develop property that is returned to the Federal (iv) relating to the allocation of waters of the law regarding health, safety, or the environ- Government under paragraph (2), the United Milk River and St. Mary River (including tribu- ment; or States shall be entitled to offset any Federal taries) between the United States and Canada (C) to conduct judicial review of a Federal funds appropriated or made available to carry pursuant to the International Boundary Waters agency action; out the activities authorized under this subtitle Treaty of 1909 (36 Stat. 2448). (4) waives any claim of a member of the Tribe that were expended or withdrawn, together with (b) EFFECTIVENESS.—The waivers and releases in an individual capacity that does not derive any interest accrued, against any claims against under subsection (a) shall take effect on the en- from a right of the Tribe; the United States relating to water rights in the forceability date. (5) revives any claim waived by the Tribe in State asserted by the Tribe or any user of the (c) WITHDRAWAL OF OBJECTIONS.—The Tribe the case styled Blackfeet Tribe v. United States, Tribal water rights or in any future settlement shall withdraw all objections to the water rights No. 02–127L (Fed. Cl. 2012); or of the water rights of the Tribe or an allottee.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00068 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7469 SEC. 3721. SATISFACTION OF CLAIMS. (2) addresses or implies whether, how, or to ‘‘(3) to improve existing reverse osmosis and (a) TRIBAL CLAIMS.—The benefits realized by what extent the Tribal water rights, or any por- membrane technology; the Tribe under this subtitle shall be in complete tion of the Tribal water rights, should be ac- ‘‘(4) to carry out basic and applied research replacement of, complete substitution for, and counted for as part of, or otherwise charged on next generation desalination technologies, full satisfaction of all— against, an allocation or apportionment of including improved energy recovery systems and (1) claims of the Tribe against the United water made to a State in an interstate allocation renewable energy-powered desalination systems States waived and released pursuant to section or apportionment. that could significantly reduce desalination 3720(a); and SEC. 3723. EXPIRATION ON FAILURE TO MEET EN- costs; (2) objections withdrawn pursuant to section FORCEABILITY DATE. ‘‘(5) to develop portable or modular desalina- 3720(c). If the Secretary fails to publish a statement of tion units capable of providing temporary emer- (b) ALLOTTEE CLAIMS.—The benefits realized findings under section 3720(f) by not later than gency water supplies for domestic or military de- by the allottees under this subtitle shall be in January 21, 2025, or such alternative later date ployment purposes; and complete replacement of, complete substitution as is agreed to by the Tribe and the Secretary, ‘‘(6) to develop and promote innovative desali- for, and full satisfaction of— after reasonable notice to the State, as applica- nation technologies, including chloride control, (1) all claims waived and released pursuant to ble— identified by the Secretary.’’. section 3720(a)(2); and (1) this subtitle expires effective on the later (b) DESALINATION DEMONSTRATION AND DE- (2) any claim of an allottee against the United of— VELOPMENT.—Section 4 of the Water Desalina- States similar in nature to a claim described in (A) January 22, 2025; and tion Act of 1996 (42 U.S.C. 10301 note; Public section 3720(a)(2) that the allottee asserted or (B) the day after such alternative later date Law 104–298) is amended by adding at the end could have asserted. as is agreed to by the Tribe and the Secretary; the following: (2) any action taken by the Secretary and any SEC. 3722. MISCELLANEOUS PROVISIONS. ‘‘(c) PRIORITIZATION.—In carrying out dem- contract or agreement entered into pursuant to (a) WAIVER OF SOVEREIGN IMMUNITY.—Except onstration and development activities under this as provided in subsections (a) through (c) of sec- this subtitle shall be void; (3) any amounts made available under section section, the Secretary shall prioritize projects— tion 208 of the Department of Justice Appropria- 3718, together with any interest on those ‘‘(1) for the benefit of drought-stricken States tion Act, 1953 (43 U.S.C. 666), nothing in this amounts, that remain unexpended shall imme- and communities; subtitle waives the sovereign immunity of the diately revert to the general fund of the Treas- ‘‘(2) for the benefit of States that have author- United States. ury, except for any funds made available under ized funding for research and development of (b) OTHER TRIBES NOT ADVERSELY AF- section 3716(e)(2) if the Montana Water Court desalination technologies and projects; FECTED.—Nothing in this subtitle quantifies or denies the Tribe’s request to reinstate the objec- ‘‘(3) that can reduce reliance on imported diminishes any land or water right, or any claim water supplies that have an impact on species or entitlement to land or water, of an Indian tions in section 3720(c); and (4) the United States shall be entitled to offset listed under the Endangered Species Act of 1973 tribe, band, or community other than the Tribe. against any claims asserted by the Tribe against (16 U.S.C. 1531 et seq.); and (c) LIMITATION ON CLAIMS FOR REIMBURSE- the United States relating to water rights— ‘‘(4) that demonstrably leverage the experience MENT.—With respect to any Indian-owned land (A) any funds expended or withdrawn from of international partners with considerable ex- located within the Reservation— the amounts made available pursuant to this pertise in desalination, such as the State of (1) the United States shall not submit against subtitle; and Israel. that land any claim for reimbursement of the (B) any funds made available to carry out the ‘‘(d) WATER PRODUCTION.—The Secretary cost to the United States of carrying out this activities authorized by this subtitle from other shall provide, as part of the annual budget sub- subtitle or the Compact; and authorized sources, except for any funds pro- mission to Congress, an estimate of how much (2) no assessment of that land shall be made vided under section 3716(e)(2) if the Montana water has been produced and delivered in the regarding that cost. Water court denies the Tribe’s request to rein- past fiscal year using processes and facilities de- (d) LIMITATION ON LIABILITY OF UNITED state the objections in section 3720(c). veloped or demonstrated using assistance pro- STATES.— SEC. 3724. ANTIDEFICIENCY. vided under sections 3 and 4. This submission (1) IN GENERAL.—The United States has no ob- The United States shall not be liable for any shall include, to the extent practicable, avail- ligation— failure to carry out any obligation or activity able information on a detailed water accounting (A) to monitor, administer, or account for, in authorized by this subtitle (including any obli- by process and facility and the cost per acre foot any manner, any funds provided to the Tribe by gation or activity under the Compact) if— of water produced and delivered.’’. the State; or (1) adequate appropriations are not provided (c) AUTHORIZATION OF APPROPRIATIONS.—Sec- (B) to review or approve any expenditure of expressly by Congress to carry out the purposes tion 8 of the Water Desalination Act of 1996 (42 those funds. of this subtitle; or U.S.C. 10301 note; Public Law 104–298) is (2) INDEMNITY.—The Tribe shall indemnify the (2) there are not enough monies available to amended— United States, and hold the United States harm- carry out the purposes of this subtitle in the (1) in subsection (a), by striking ‘‘2013’’ and less, with respect to all claims (including claims Reclamation Water Settlements Fund estab- inserting ‘‘2021’’; and for takings or breach of trust) arising from the lished under section 10501(a) of the Omnibus (2) in subsection (b), by striking ‘‘for each of receipt or expenditure of amounts described in Public Land Management Act of 2009 (43 U.S.C. fiscal years 2012 through 2013’’ and inserting this subsection. 407(a)). ‘‘for each of fiscal years 2017 through 2021’’. (e) EFFECT ON CURRENT LAW.—Nothing in this (d) CONSULTATION.—Section 9 of the Water section affects any provision of law (including Subtitle H—Water Desalination Desalination Act of 1996 (42 U.S.C. 10301 note; regulations) in effect on the day before the date SEC. 3801. REAUTHORIZATION OF WATER DESALI- Public Law 104–298) is amended— of enactment of this Act with respect to NATION ACT OF 1996. (1) by striking the section designation and preenforcement review of any Federal environ- (a) AUTHORIZATION OF RESEARCH AND STUD- heading and all that follows through ‘‘In car- mental enforcement action. IES.—Section 3 of the Water Desalination Act of rying out’’ in the first sentence and inserting (f) EFFECT ON RECLAMATION LAWS.—The ac- 1996 (42 U.S.C. 10301 note; Public Law 104–298) the following: tivities carried out by the Commissioner of Rec- is amended— lamation under this subtitle shall not establish (1) in subsection (a)— ‘‘SEC. 9. CONSULTATION AND COORDINATION. (A) in paragraph (6), by striking ‘‘and’’ at the a precedent or impact the authority provided ‘‘(a) CONSULTATION.—In carrying out’’; end; (2) in the second sentence, by striking ‘‘The under any other provision of the reclamation (B) in paragraph (7), by striking the period at laws, including— authorization’’ and inserting the following: the end and inserting a semicolon; and ‘‘(c) OTHER DESALINATION PROGRAMS.—The (1) the Reclamation Rural Water Supply Act (C) by adding at the end the following: authorization’’; and of 2006 (43 U.S.C. 2401 et seq.); and ‘‘(8) development of metrics to analyze the (3) by inserting after subsection (a) (as des- (2) the Omnibus Public Land Management Act costs and benefits of desalination relative to ignated by paragraph (1)) the following: of 2009 (Public Law 111–11; 123 Stat. 991). other sources of water (including costs and ben- ‘‘(b) COORDINATION OF FEDERAL DESALINA- (g) IRRIGATION EFFICIENCY IN UPPER BIRCH efits related to associated infrastructure, energy TION RESEARCH AND DEVELOPMENT.—The White CREEK DRAINAGE.—Any activity carried out by use, environmental impacts, and diversification House Office of Science and Technology Policy the Tribe in the Upper Birch Creek Drainage (as of water supplies); and defined in article II.50 of the Compact) using ‘‘(9) development of design and siting speci- shall develop a coordinated strategic plan that— funds made available to carry out this subtitle fications that avoid or minimize, adverse eco- ‘‘(1) establishes priorities for future Federal shall achieve an irrigation efficiency of not less nomic and environmental impacts.’’; and investments in desalination; than 50 percent. (2) by adding at the end the following: ‘‘(2) coordinates the activities of Federal agen- (h) BIRCH CREEK AGREEMENT APPROVAL.— ‘‘(e) PRIORITIZATION.—In carrying out this cies involved in desalination, including the Bu- The Birch Creek Agreement is approved to the section, the Secretary shall prioritize funding reau of Reclamation, the Corps of Engineers, extent that the Birch Creek Agreement requires for research— the United States Army Tank Automotive Re- approval under section 2116 of the Revised Stat- ‘‘(1) to reduce energy consumption and lower search, Development and Engineering Center, utes (25 U.S.C. 177). the cost of desalination, including chloride con- the National Science Foundation, the Office of (i) LIMITATION ON EFFECT.—Nothing in this trol; Naval Research of the Department of Defense, subtitle or the Compact— ‘‘(2) to reduce the environmental impacts of the National Laboratories of the Department of (1) makes an allocation or apportionment of seawater desalination and develop technology Energy, the United States Geological Survey, water between or among States; or and strategies to minimize those impacts; the Environmental Protection Agency, and the

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00069 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7470 CONGRESSIONAL RECORD — HOUSE December 8, 2016

National Oceanic and Atmospheric Administra- ‘‘(2) AUTHORIZED SOURCES OF NON-FEDERAL (1) in subsection (a), in the matter preceding tion; SHARE.— paragraph (1), by striking ‘‘2011’’ and inserting ‘‘(3) strengthens research and development co- ‘‘(A) IN GENERAL.—The Director may deter- ‘‘2021’’; operation with international partners, such as mine the non-Federal share under paragraph (1) (2) in subsection (b)— the State of Israel, in the area of desalination by taking into account— (A) in the matter preceding paragraph (1), by technology; and ‘‘(i) the appraised value of land or a conserva- striking ‘‘2007 through 2012’’ and inserting ‘‘2016 ‘‘(4) promotes public-private partnerships to tion easement as described in subparagraph (B); through 2020’’; and develop a framework for assessing needs for, or (B) in paragraph (5), by inserting ‘‘the Great and to optimize siting and design of, future ‘‘(ii) as described in subparagraph (C), the Lakes Restoration Initiative Action Plan based ocean desalination projects.’’. costs associated with— on’’ after ‘‘in support of’’; and Subtitle I—Amendments to the Great Lakes ‘‘(I) securing a conservation easement; and (3) by striking subsection (c) and inserting the Fish and Wildlife Restoration Act of 1990 ‘‘(II) restoration or enhancement of the con- following: servation easement. ‘‘(c) CONTINUED MONITORING AND ASSESSMENT SEC. 3901. AMENDMENTS TO THE GREAT LAKES ‘‘(B) APPRAISAL OF CONSERVATION EASE- OF STUDY FINDINGS AND RECOMMENDATIONS.— FISH AND WILDLIFE RESTORATION ACT OF 1990. MENT.— The Director— ‘‘(i) IN GENERAL.—The value of a conservation ‘‘(1) shall continue to monitor the status, and (a) REFERENCES.—Except as otherwise ex- easement may be used to satisfy the non-Federal pressly provided, wherever in this section an the assessment, management, and restoration share of the cost of implementing a proposal or amendment is expressed in terms of an amend- needs, of the fish and wildlife resources of the regional project required under paragraph ment to a section or other provision, the ref- Great Lakes Basin; and (1)(A) if the Director determines that the con- ‘‘(2) may reassess and update, as necessary, erence shall be considered to be made to a sec- servation easement— the findings and recommendations of the Re- tion or other provision of the Great Lakes Fish ‘‘(I) meets the requirements of subsection port.’’. and Wildlife Restoration Act of 1990 (16 U.S.C. (b)(2); (f) AUTHORIZATION OF APPROPRIATIONS.—Sec- 941 et seq.). ‘‘(II) is acquired before the end of the grant tion 1009 (16 U.S.C. 941g) is amended— (b) FINDINGS.—The Act is amended by striking period of the proposal or regional project; (1) in the matter preceding paragraph (1), by section 1002 and inserting the following: ‘‘(III) is held in perpetuity for the conserva- striking ‘‘2007 through 2012’’ and inserting ‘‘2016 ‘‘SEC. 1002. FINDINGS. tion purposes of the programs of the United through 2021’’; ‘‘Congress finds that— States Fish and Wildlife Service related to the (2) in paragraph (1)— ‘‘(1) the Great Lakes have fish and wildlife Great Lakes Basin, as described in section 1006, (A) in the matter preceding subparagraph (A), communities that are structurally and function- by an accredited land trust or conservancy or a by striking ‘‘$14,000,000’’ and inserting ally changing; Federal, State, or tribal agency; ‘‘$6,000,000’’; ‘‘(2) successful fish and wildlife management ‘‘(IV) is connected either physically or (B) in subparagraph (A), by striking focuses on the lakes as ecosystems, and effective through a conservation planning process to the ‘‘$4,600,000’’ and inserting ‘‘$2,000,000’’; and management requires the coordination and inte- proposal or regional project; and (C) in subparagraph (B), by striking gration of efforts of many partners; ‘‘(V) is appraised in accordance with clause ‘‘$700,000’’ and inserting ‘‘$300,000’’; and ‘‘(3) additional actions and better coordina- (ii). (3) in paragraph (2), by striking ‘‘the activi- tion are needed to protect and effectively man- ‘‘(ii) APPRAISAL.—With respect to the ap- ties of’’ and all that follows through ‘‘section age the fish and wildlife resources, and the praisal of a conservation easement described in 1007’’ and inserting ‘‘the activities of the Upper habitats on which the resources depend, in the clause (i)— Great Lakes Fish and Wildlife Conservation Of- Great Lakes Basin; and ‘‘(I) the appraisal valuation date shall be not fices and the Lower Great Lakes Fish and Wild- ‘‘(4) this Act allows Federal agencies, States, later than 1 year after the price of the conserva- life Conservation Office under section 1007’’. and Indian tribes to work in an effective part- tion easement was set under a contract; and (g) PROHIBITION ON USE OF FUNDS FOR FED- nership by providing the funding for restoration ‘‘(II) the appraisal shall— ERAL ACQUISITION OF INTERESTS IN LAND.—Sec- work.’’. ‘‘(aa) conform to the Uniform Standards of tion 1009 (16 U.S.C. 941g) is further amended— (c) IDENTIFICATION, REVIEW, AND IMPLEMEN- Professional Appraisal Practice (USPAP); and (1) by inserting before the sentence the fol- TATION OF PROPOSALS AND REGIONAL ‘‘(bb) be completed by a Federal- or State-cer- lowing: PROJECTS.— tified appraiser. ‘‘(a) AUTHORIZATION.—’’; and (1) REQUIREMENTS FOR PROPOSALS AND RE- ‘‘(C) COSTS OF SECURING CONSERVATION EASE- (2) by adding at the end the following: GIONAL PROJECTS.—Section 1005(b)(2)(B) (16 MENTS.— ‘‘(b) PROHIBITION ON USE OF FUNDS FOR FED- U.S.C. 941c(b)(2)(B)) is amended— ‘‘(i) IN GENERAL.—All costs associated with se- ERAL ACQUISITION OF INTERESTS IN LAND.—No (A) in clause (v), by striking ‘‘and’’ at the curing a conservation easement and restoration funds appropriated or used to carry out this Act end; or enhancement of that conservation easement may be used for acquisition by the Federal Gov- (B) in clause (vi), by striking the period at the may be used to satisfy the non-Federal share of ernment of any interest in land.’’. end and inserting a semicolon; and the cost of implementing a proposal or regional (h) CONFORMING AMENDMENT.—Section 8 of (C) by adding at the end the following: project required under paragraph (1)(A) if the the Great Lakes Fish and Wildlife Restoration ‘‘(vii) the strategic action plan of the Great activities and expenses associated with securing Act of 2006 (16 U.S.C. 941 note; Public Law 109– Lakes Restoration Initiative; and the conservation easement and restoration or 326) is repealed. ‘‘(viii) each applicable State wildlife action enhancement of that conservation easement Subtitle J—California Water plan.’’. meet the requirements of subparagraph (B)(i). (2) REVIEW OF PROPOSALS.—Section ‘‘(ii) INCLUSION.—The costs referred to in SEC. 4001. OPERATIONS AND REVIEWS. 1005(c)(2)(C) (16 U.S.C. 941c(c)(2)(C)) is amended clause (i) may include cash, in-kind contribu- (a) WATER SUPPLIES.—The Secretary of the by striking ‘‘Great Lakes Coordinator of the’’. tions, and indirect costs. Interior and Secretary of Commerce shall pro- (3) COST SHARING.—Section 1005(e) (16 U.S.C. ‘‘(iii) EXCLUSION.—The costs referred to in vide the maximum quantity of water supplies 941c(e)) is amended— clause (i) may not be costs associated with miti- practicable to Central Valley Project agricul- (A) in paragraph (1)— gation or litigation (other than costs associated tural, municipal and industrial contractors, (i) by striking ‘‘Except as provided in para- with the Natural Resource Damage Assessment water service or repayment contractors, water graphs (2) and (4), not less than 25 percent of program).’’. rights settlement contractors, exchange contrac- the cost of implementing a proposal’’ and insert- (d) ESTABLISHMENT OF OFFICES.—Section 1007 tors, refuge contractors, and State Water Project ing the following: (16 U.S.C. 941e) is amended— contractors, by approving, in accordance with ‘‘(A) NON-FEDERAL SHARE.—Except as pro- (1) in subsection (b)— applicable Federal and State laws (including vided in paragraphs (3) and (5) and subject to (A) in the subsection heading, by striking regulations), operations or temporary projects to paragraph (2), not less than 25 percent of the ‘‘FISHERY RESOURCES’’ and inserting ‘‘FISH AND provide additional water supplies as quickly as cost of implementing a proposal or regional WILDLIFE CONSERVATION’’; and possible, based on available information. project’’; and (B) by striking ‘‘Fishery Resources’’ each (b) ADMINISTRATION.—In carrying out sub- (ii) by adding at the end the following: place it appears and inserting ‘‘Fish and Wild- section (a), the Secretary of the Interior and ‘‘(B) TIME PERIOD FOR PROVIDING MATCH.— life Conservation’’; Secretary of Commerce shall, consistent with ap- The non-Federal share of the cost of imple- (2) in subsection (c)— plicable laws (including regulations)— menting a proposal or regional project required (A) in the subsection heading, by striking (1)(A) in close coordination with the Cali- under subparagraph (A) may be provided at any ‘‘FISHERY RESOURCES’’ and inserting ‘‘FISH AND fornia Department of Water Resources and the time during the 2-year period preceding January WILDLIFE CONSERVATION’’; and California Department of Fish and Wildlife, im- 1 of the year in which the Director receives the (B) by striking ‘‘Fishery Resources’’ each plement a pilot project to test and evaluate the application for the proposal or regional place it appears and inserting ‘‘Fish and Wild- ability to operate the Delta cross-channel gates project.’’; life Conservation’’; daily or as otherwise may be appropriate to keep (B) by redesignating paragraphs (2) through (3) by striking subsection (a); and them open to the greatest extent practicable to (4) as paragraphs (3) through (5), respectively; (4) by redesignating subsections (b) and (c) as protect out-migrating salmonids, manage and subsections (a) and (b), respectively. salinities in the interior Delta and any other (C) by inserting before paragraph (3) (as so re- (e) REPORTS.—Section 1008 (16 U.S.C. 941f) is water quality issues, and maximize Central Val- designated) the following: amended— ley Project and State Water Project pumping,

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00070 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7471 subject to the condition that the pilot project Delta channels to improve water quantity and (B) 14-day averaging period on the falling shall be designed and implemented consistent quality for State Water Project and Central Val- limb of the Delta inflow hydrograph. with operational criteria and monitoring criteria ley Project south-of-Delta water contractors and (c) OTHER AGENCIES.—To the extent that a required by the California State Water Re- other water users, which barriers or gates shall Federal agency other than the Department of sources Control Board; and provide benefits for species protection and in- the Interior and the Department of Commerce (B) design, implement, and evaluate such real- Delta water user water quality, provided that has a role in approving projects described in time monitoring capabilities to enable effective they are designed so that, if practicable, formal subsections (a) and (b), this section shall apply real-time operations of the cross channel in consultations under section 7 of the Endangered to the Federal agency. order efficiently to meet the objectives described Species Act of 1973 (16 U.S.C. 1536) are not nec- (d) ACCELERATED PROJECT DECISION AND ELE- in subparagraph (A); essary; and VATION.— (2) with respect to the operation of the Delta (B) take longer to issue the permit decisions in (1) IN GENERAL.—On request of the Governor cross-channel gates described in paragraph (1), subparagraph (A) only if the Secretary deter- of California, the Secretary of the Interior and collect data on the impact of that operation mines in writing that an Environmental Impact Secretary of Commerce shall use the expedited on— Statement is needed for the proposal to comply procedures under this subsection to make final (A) species listed as threatened or endangered with the National Environmental Policy Act of decisions relating to Federal or federally ap- under the Endangered Species Act of 1973 (16 1969 (42 U.S.C. 4321 et seq.); proved projects or operational changes proposed U.S.C. 1531 et seq.); (9) allow and facilitate, consistent with exist- pursuant to subsections (a) and (b) to provide (B) water quality; and ing priorities, water transfers through the C.W. additional water supplies or otherwise address (C) water supply benefits; ‘‘Bill’’ Jones Pumping Plant or the Harvey O. emergency drought conditions. (3) collaborate with the California Department Banks Pumping Plant from April 1 to November (2) REQUEST FOR RESOLUTION.—Not later than of Water Resources to install a deflection barrier 30; 7 days after receiving a request of the Governor at Georgiana Slough and the Delta Cross Chan- (10) require the Director of the United States of California, the Secretaries referred to in para- nel Gate to protect migrating salmonids, con- Fish and Wildlife Service and the Commissioner graph (1), or the head of another Federal agen- sistent with knowledge gained from activities of Reclamation to— cy responsible for carrying out a review of a carried out during 2014 and 2015; (A) determine if a written transfer proposal is project, as applicable, the Secretary of the Inte- (4) upon completion of the pilot project in complete within 30 days after the date of sub- rior shall convene a final project decision meet- paragraph (1), submit to the Senate Committees mission of the proposal. If the contracting dis- ing with the heads of all relevant Federal agen- on Energy and Natural Resources and Environ- trict or agency or the Secretary determines that cies to decide whether to approve a project to the proposal is incomplete, the district or agency ment and Public Works and the House Com- provide emergency water supplies or otherwise or the Secretary shall state with specificity what mittee on Natural Resources a written notice address emergency drought condition. must be added to or revised for the proposal to and explanation on the extent to which the (3) NOTIFICATION.—Upon receipt of a request gates are able to remain open and the pilot be complete; for a meeting under this subsection, the Sec- (B) complete all requirements under the Na- project achieves all the goals set forth in para- retary of the Interior shall notify the heads of tional Environmental Policy Act of 1969 (42 graphs (1) through (3); all relevant Federal agencies of the request, in- U.S.C. 4321 et seq.) and the Endangered Species (5) implement turbidity control strategies that cluding a description of the project to be re- Act of 1973 (16 U.S.C. et seq.) necessary to make may allow for increased water deliveries while viewed and the date for the meeting. final permit decisions on water transfer requests avoiding jeopardy to adult Delta smelt (4) DECISION.—Not later than 10 days after in the State, not later than 45 days after receiv- (Hypomesus transpacificus); the date on which a meeting is requested under (6) in a timely manner, evaluate any proposal ing a completed request; (C) take longer to issue the permit decisions in paragraph (2), the head of the relevant Federal to increase flow in the San Joaquin River subparagraph (B) only if the Secretary deter- agency shall issue a final decision on the through a voluntary sale, transfer, or exchange mines in writing that an Environmental Impact project. of water from an agency with rights to divert (2) MEETING CONVENED BY SECRETARY.—The Statement is needed for the proposal to comply water from the San Joaquin River or its tribu- Secretary of the Interior may convene a final with the National Environmental Policy Act of taries; project decision meeting under this subsection at 1969 (42 U.S.C. et seq.), or that the application (7) adopt a 1:1 inflow to export ratio for the any time, at the discretion of the Secretary, re- is incomplete pursuant to subparagraph (A); increment of increased flow, as measured as a 3- gardless of whether a meeting is requested under day running average at Vernalis during the pe- and (D) approve any water transfer request de- paragraph (2). riod from April 1 through May 31, that results scribed in subparagraph (A) to maximize the (3) LIMITATION.—The expedited procedures from the voluntary sale, transfer, or exchange, quantity of water supplies on the condition that under this subsection apply only to— unless the Secretary of the Interior and Sec- (A) proposed new Federal projects or oper- actions associated with the water transfer are retary of Commerce determine in writing that a ational changes pursuant to subsection (a) or consistent with— 1:1 inflow to export ratio for that increment of (i) existing Central Valley Project and State (b); and increased flow will cause additional adverse ef- Water Project permitted water rights and the re- (B) the extent they are consistent with appli- fects on listed salmonid species beyond the quirements of section 3405(a)(1)(H) of the Cen- cable laws (including regulations). (e) OPERATIONS PLAN.—The Secretaries of range of the effects anticipated to occur to the tral Valley Project Improvement Act; and listed salmonid species for the duration of the (ii) all other applicable laws and regulations; Commerce and the Interior, in consultation with salmonid biological opinion using the best sci- (11) in coordination with the Secretary of Ag- appropriate State officials, shall develop an op- entific and commercial data available; and sub- riculture, enter into an agreement with the Na- erations plan that is consistent with the provi- ject to the condition that any individual sale, tional Academy of Sciences to conduct a com- sions of this subtitle and other applicable Fed- transfer, or exchange using a 1:1 inflow to ex- prehensive study, to be completed not later than eral and State laws, including provisions that port ratio adopted under the authority of this 1 year after the date of enactment of this sub- are intended to provide additional water sup- section may only proceed if— title, on the effectiveness and environmental im- plies that could be of assistance during the cur- (A) the Secretary of the Interior determines pacts of salt cedar biological control efforts on rent drought. that the environmental effects of the proposed increasing water supplies and improving ripar- SEC. 4002. SCIENTIFICALLY SUPPORTED IMPLE- sale, transfer, or exchange are consistent with ian habitats of the Colorado River and its prin- MENTATION OF OMR FLOW REQUIRE- effects permitted under applicable law (includ- cipal tributaries, in the State of California and MENTS. ing the Endangered Species Act of 1973 (16 elsewhere; (a) IN GENERAL.—In implementing the provi- U.S.C. 1531 et seq.), the Federal Water Pollution (12) pursuant to the research and adaptive sions of the smelt biological opinion and the Control Act (33 U.S.C. 1381 et seq.), and the Por- management procedures of the smelt biological salmonid biological opinion, the Secretary of the ter-Cologne Water Quality Control Act (Cali- opinion and the salmonid biological opinion use Interior and the Secretary of Commerce shall fornia Water Code 13000 et seq.)); all available scientific tools to identify any manage reverse flow in Old and Middle Rivers (B) Delta conditions are suitable to allow changes to the real-time operations of Bureau of at the most negative reverse flow rate allowed movement of the acquired, transferred, or ex- Reclamation, State, and local water projects under the applicable biological opinion to maxi- changed water through the Delta consistent that could result in the availability of addi- mize water supplies for the Central Valley with existing Central Valley Project and State tional water supplies; and Project and the State Water Project, unless that Water Project permitted water rights and the re- (13) determine whether alternative operational management of reverse flow in Old and Middle quirements of subsection (a)(1)(H) of the Central or other management measures would meet ap- Rivers to maximize water supplies would cause Valley Project Improvement Act; and plicable regulatory requirements for listed spe- additional adverse effects on the listed fish spe- (C) such voluntary sale, transfer, or exchange cies while maximizing water supplies and water cies beyond the range of effects anticipated to of water results in flow that is in addition to supply reliability; and occur to the listed fish species for the duration flow that otherwise would occur in the absence (14) continue to vary the averaging period of of the applicable biological opinion, or would be of the voluntary sale, transfer, or exchange; the Delta Export/Inflow ratio, to the extent con- inconsistent with applicable State law require- (8)(A) issue all necessary permit decisions dur- sistent with any applicable State Water Re- ments, including water quality, salinity control, ing emergency consultation under the authority sources Control Board orders under decision D– and compliance with State Water Resources of the Secretary of the Interior and Secretary of 1641, to operate to a Control Board Order D–1641 or a successor Commerce not later than 60 days after receiving (A) ratio using a 3-day averaging period on order. a completed application by the State to place the rising limb of a Delta inflow hydrograph; (b) REQUIREMENTS.—If the Secretary of the and use temporary barriers or operable gates in and Interior or Secretary of Commerce determines to

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00071 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7472 CONGRESSIONAL RECORD — HOUSE December 8, 2016 manage rates of pumping at the C.W. ‘‘Bill’’ (2) When consistent with the environmental the smelt biological opinion and salmonid bio- Jones and the Harvey O. Banks pumping plants protection mandate in paragraph (1) while logical opinion, unless doing so is required to in the southern Delta to achieve a reverse OMR maximizing water supplies for Central Valley avoid additional adverse effects on listed fish flow rate less negative than the most negative Project and State Water Project contractors, the species beyond those anticipated to occur reverse flow rate prescribed by the applicable bi- Secretary of the Interior and the Secretary of through implementation of the smelt biological ological opinion, the Secretary shall— Commerce, through an operations plan, shall opinion and salmonid biological opinion using (1) document in writing any significant facts evaluate and may authorize the Central Valley the best scientific and commercial data avail- regarding real-time conditions relevant to the Project and the State Water Project, combined, able. determinations of OMR reverse flow rates, in- to operate at levels that result in OMR flows (e) LEVEL OF DETAIL REQUIRED FOR ANAL- cluding— more negative than the most negative reverse YSIS.—In articulating the determinations re- (A) targeted real-time fish monitoring in the flow rate prescribed by the applicable biological quired under this section, the Secretary of the Old River pursuant to this section, including as opinion (based on United States Geological Sur- Interior and the Secretary of Commerce shall it pertains to the smelt biological opinion moni- vey gauges on Old and Middle Rivers) daily av- fully satisfy the requirements herein but shall toring of Delta smelt in the vicinity of Station erage as described in subsections (b) and (c) to not be expected to provide a greater level of sup- 902; capture peak flows during storm-related events. porting detail for the analysis than feasible to (B) near-term forecasts with available salvage (b) FACTORS TO BE CONSIDERED.—In deter- provide within the short timeframe permitted for models under prevailing conditions of the effects mining additional adverse effects on any listed timely real-time decisionmaking in response to on the listed species of OMR flow at the most fish species beyond the range of effects antici- changing conditions in the Delta. negative reverse flow rate prescribed by the bio- pated to occur to the listed fish species for the SEC. 4004. CONSULTATION ON COORDINATED OP- logical opinion; and duration of the smelt biological opinion or (C) any requirements under applicable State ERATIONS. salmonid biological opinion, using the best sci- (a) RESOLUTION OF WATER RESOURCE law; and entific and commercial data available, the Sec- (2) explain in writing why any decision to ISSUES.—In furtherance of the policy established retaries of the Interior and Commerce may con- manage OMR reverse flow at rates less negative by section 2(c)(2) of the Endangered Species Act sider factors including: of 1973, that Federal agencies shall cooperate than the most negative reverse flow rate pre- (1) The degree to which the Delta outflow scribed by the biological opinion is necessary to with State and local agencies to resolve water index indicates a higher level of flow available resource issues in concert with conservation of avoid additional adverse effects on the listed for diversion. fish species beyond the range of effects antici- endangered species, in any consultation or re- (2) Relevant physical parameters including consultation on the coordinated operations of pated to occur to the listed fish species for the projected inflows, turbidity, salinities, and tidal duration of the applicable biological opinion, the Central Valley Project and the State Water cycles. Project, the Secretaries of the Interior and Com- after considering relevant factors such as— (3) The real-time distribution of listed species. merce shall ensure that any public water agency (A) the distribution of the listed species (c) OTHER ENVIRONMENTAL PROTECTIONS.— that contracts for the delivery of water from the throughout the Delta; (1) STATE LAW.—The actions of the Secretary (B) the potential effects of high entrainment of the Interior and the Secretary of Commerce Central Valley Project or the State Water risk on subsequent species abundance; under this section shall be consistent with appli- Project that so requests shall— (C) the water temperature; cable regulatory requirements under State law. (1) have routine and continuing opportunities (D) other significant factors relevant to the (2) FIRST SEDIMENT FLUSH.—During the first to discuss and submit information to the action determination, as required by applicable Federal flush of sediment out of the Delta in each water agency for consideration during the develop- or State laws; year, and provided that such determination is ment of any biological assessment; (E) turbidity; and (2) be informed by the action agency of the (F) whether any alternative measures could based upon objective evidence, the Secretary of the Interior shall manage OMR flow pursuant schedule for preparation of a biological assess- have a substantially lesser water supply impact. ment; (c) LEVEL OF DETAIL REQUIRED.—The anal- to the portion of the smelt biological opinion (3) be informed by the consulting agency, the yses and documentation required by this section that protects adult Delta smelt from the first U.S. Fish and Wildlife Service or the National shall be comparable to the depth and complexity flush if required to do so by the smelt biological Marine Fisheries Service, of the schedule for as is appropriate for real time decision-making. opinion. preparation of the biological opinion at such This section shall not be interpreted to require a (3) APPLICABILITY OF OPINION.—This section time as the biological assessment is submitted to level of administrative findings and documenta- shall not affect the application of the salmonid the consulting agency by the action agency; tion that could impede the execution of effective biological opinion from April 1 to May 31, unless (4) receive a copy of any draft biological opin- real time adaptive management. the Secretary of Commerce finds that some or all ion and have the opportunity to review that (d) FIRST SEDIMENT FLUSH.—During the first of such applicable requirements may be adjusted flush of sediment out of the Delta in each water during this time period to provide emergency document and provide comment to the con- year, and provided that such determination is water supply relief without resulting in addi- sulting agency through the action agency, based upon objective evidence, notwithstanding tional adverse effects on listed salmonid species which comments will be afforded due consider- subsection (a), the Secretary of the Interior beyond the range of the effects anticipated to ation during the consultation; shall manage OMR flow pursuant to the provi- occur to the listed salmonid species for the dura- (5) have the opportunity to confer with the sions of the smelt biological opinion that pro- tion of the salmonid biological opinion using the action agency and applicant, if any, about rea- tects adult Delta smelt from the first flush if re- best scientific and commercial data available. In sonable and prudent alternatives prior to the quired to do so by the smelt biological opinion. addition to any other actions to benefit water action agency or applicant identifying one or (e) CONSTRUCTION.—The Secretary of the Inte- supply, the Secretary of the Interior and the more reasonable and prudent alternatives for rior and the Secretary of Commerce are author- Secretary of Commerce shall consider allowing consideration by the consulting agency; and ized to implement subsection (a) consistent with through-Delta water transfers to occur during (6) where the consulting agency suggests a the results of monitoring through Early Warn- this period if they can be accomplished con- reasonable and prudent alternative be in- ing Surveys to make real time operational deci- sistent with section 3405(a)(1)(H) of the Central formed— sions consistent with the current applicable bio- Valley Project Improvement Act and other ap- (A) how each component of the alternative logical opinion. plicable law. Water transfers solely or exclu- will contribute to avoiding jeopardy or adverse (f) CALCULATION OF REVERSE FLOW IN sively through the State Water Project are not modification of critical habitat and the scientific OMR.—Within 180 days of the enactment of this required to be consistent with subsection data or information that supports each compo- subtitle, the Secretary of the Interior is directed, (a)(1)(H) of the Central Valley Project Improve- nent of the alternative; and in consultation with the California Department ment Act. (B) why other proposed alternative actions of Water Resources, and consistent with the (4) MONITORING.—During operations under that would have fewer adverse water supply smelt biological opinion and the salmonid bio- this section, the Commissioner of Reclamation, and economic impacts are inadequate to avoid logical opinion, to review, modify, and imple- in coordination with the Fish and Wildlife Serv- jeopardy or adverse modification of critical ment, if appropriate, the method used to cal- ice, National Marine Fisheries Service, and habitat. culate reverse flow in Old and Middle Rivers, California Department of Fish and Wildlife, (b) INPUT.—When consultation is ongoing, the for implementation of the reasonable and pru- shall undertake expanded monitoring programs Secretaries of the Interior and Commerce shall dent alternatives in the smelt biological opinion and other data gathering to improve the effi- regularly solicit input from and report their and the salmonid biological opinion, and any ciency of operations for listed species protections progress to the Collaborative Adaptive Manage- succeeding biological opinions. and Central Valley Project and State Water ment Team and the Collaborative Science and SEC. 4003. TEMPORARY OPERATIONAL FLEXI- Project water supply to ensure incidental take Adaptive Management Program policy group. BILITY FOR STORM EVENTS. levels are not exceeded, and to identify potential The Collaborative Adaptive Management Team (a) IN GENERAL.— negative impacts, if any. and the Collaborative Science and Adaptive (1) Nothing in this subtitle authorizes addi- (d) EFFECT OF HIGH OUTFLOWS.—When exer- Management Program policy group may provide tional adverse effects on listed species beyond cising their authorities to capture peak flows the Secretaries with recommendations to im- the range of the effects anticipated to occur to pursuant to subsection (c), the Secretary of the prove the effects analysis and Federal agency the listed species for the duration of the smelt Interior and the Secretary of Commerce shall determinations. The Secretaries shall give due biological opinion or salmonid biological opin- not count such days toward the 5-day and 14- consideration to the recommendations when de- ion, using the best scientific and commercial day running averages of tidally filtered daily veloping the Biological Assessment and Biologi- data available. Old and Middle River flow requirements under cal Opinion.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00072 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7473

(c) MEETINGS.—The Secretaries shall establish igin, county of origin, or any other water rights (i) Not less than 100 percent of the contract a quarterly stakeholder meeting during any con- protection, including rights to water appro- quantity of the existing Central Valley Project sultation or reconsultation for the purpose of priated before December 19, 1914, provided under agricultural water service contractor within the providing updates on the development of the Bi- State law; Sacramento River Watershed in a ‘‘Wet’’ year. ological Assessment and Biological Opinion. The (B) limits, expands or otherwise affects the (ii) Not less than 100 percent of the contract quarterly stakeholder meeting shall be open to application of section 10505, 10505.5, 11128, quantity of the existing Central Valley Project stakeholders identified by the Secretaries rep- 11460, 11461, 11462, 11463 or 12200 through 12220 agricultural water service Contractor within the resenting a broad range of interests including of the California Water Code or any other provi- Sacramento River Watershed in an ‘‘Above Nor- environmental, recreational and commercial sion of State water rights law, without respect mal’’ year. fishing, agricultural, municipal, Delta, and to whether such a provision is specifically re- (iii) Not less than 100 percent of the contract other regional interests, and including stake- ferred to in this section; or quantity of the existing Central Valley Project holders that are not state or local agencies. (C) diminishes, impairs, or otherwise affects in agricultural water service contractor within the (d) CLARIFICATION.—Neither subsection (b) or any manner any water rights or water rights Sacramento River Watershed in a ‘‘Below Nor- (c) of this section may be used to meet the re- priorities under applicable law. mal’’ year that is preceded by an ‘‘Above Nor- quirements of subsection (a). (2) EFFECT OF ACT.— mal’’ or ‘‘Wet’’ year. (e) NON-APPLICABILITY OF FACA.—For the (A) Nothing in the applicable provisions of (iv) Not less than 50 percent of the contract purposes of subsection (b), the Collaborative this subtitle affects or modifies any obligation of quantity of the existing Central Valley Project Adaptive Management Team, the Collaborative the Secretary of the Interior under section 8 of agricultural water service contractor within the Science and Adaptive Management Program the Act of June 17, 1902 (32 Stat. 390, chapter Sacramento River Watershed in a ‘‘Dry’’ year policy group, and any recommendations made to 1093). that is preceded by a ‘‘Below Normal’’, ‘‘Above the Secretaries, are exempt from the Federal Ad- (B) Nothing in the applicable provisions of Normal’’, or ‘‘Wet’’ year. visory Committee Act. this subtitle diminishes, impairs, or otherwise (v) In any other year not identified in any of affects in any manner any Project purposes or clauses (i) through (iv), not less than twice the SEC. 4005. PROTECTIONS. priorities for the allocation, delivery or use of allocation percentage to south-of-Delta Central (a) APPLICABILITY.—This section shall apply water under applicable law, including the Valley Project agricultural water service con- only to sections 4001 through 4006. Project purposes and priorities established tractors, up to 100 percent. (b) OFFSET FOR STATE WATER PROJECT.— under section 3402 and section 3406 of the Cen- (B) EFFECT OF CLAUSE.—In the event of anom- (1) IMPLEMENTATION IMPACTS.—The Secretary tral Valley Project Improvement Act (Public alous circumstances, nothing in clause (A)(v) of the Interior shall confer with the California Law 102–575; 106 Stat. 4706). precludes an allocation to an existing Central Department of Fish and Wildlife in connection (d) NO REDIRECTED ADVERSE IMPACTS.— Valley Project agricultural water service con- with the implementation of the applicable provi- (1) IN GENERAL.—The Secretary of the Interior tractor within the Sacramento River Watershed sions of this subtitle on potential impacts to any and Secretary of Commerce shall not carry out that is greater than twice the allocation per- consistency determination for operations of the any specific action authorized under the appli- centage to a south-of-Delta Central Valley State Water Project issued pursuant to Cali- cable provisions of this subtitle that would di- Project agricultural water service contractor. fornia Fish and Game Code section 2080.1. rectly or through State agency action indirectly (3) PROTECTION OF ENVIRONMENT, MUNICIPAL (2) ADDITIONAL YIELD.—If, as a result of the result in the involuntary reduction of water AND INDUSTRIAL SUPPLIES, AND OTHER CONTRAC- application of the applicable provisions of this supply to an individual, district, or agency that TORS.— subtitle, the California Department of Fish and has in effect a contract for water with the State (A) ENVIRONMENT.—Nothing in paragraph (2) Wildlife— Water Project or the Central Valley Project, in- shall adversely affect any protections for the en- (A) determines that operations of the State cluding Settlement and Exchange contracts, ref- vironment, including— (i) the obligation of the Secretary of the Inte- Water Project are inconsistent with the consist- uge contracts, and Friant Division contracts, as rior to make water available to managed wet- ency determinations issued pursuant to Cali- compared to the water supply that would be lands pursuant to section 3406(d) of the Central fornia Fish and Game Code section 2080.1 for provided in the absence of action under this Valley Project Improvement Act (Public Law operations of the State Water Project; or subtitle, and nothing in this section is intended 102–575; 106 Stat. 4722); or (B) requires take authorization under Cali- to modify, amend or affect any of the rights and fornia Fish and Game Code section 2081 for op- (ii) any obligation— obligations of the parties to such contracts. (I) of the Secretary of the Interior and the eration of the State Water Project; CTION ON DETERMINATION.—If, after ex- (2) A Secretary of Commerce under the smelt biologi- in a manner that directly or indirectly results in ploring all options, the Secretary of the Interior cal opinion, the salmonid biological opinion, or reduced water supply to the State Water Project or the Secretary of Commerce makes a final de- any other applicable biological opinion; includ- as compared with the water supply available termination that a proposed action under the ing the Shasta Dam cold water pool require- under the smelt biological opinion and the applicable provisions of this subtitle cannot be ments as set forth in the salmonid biological salmonid biological opinion; and as a result, carried out in accordance with paragraph (1), opinion or any other applicable State or Federal Central Valley Project yield is greater than it that Secretary— law (including regulations); or otherwise would have been, then that additional (A) shall document that determination in yield shall be made available to the State Water (II) under the Endangered Species Act of 1973 writing for that action, including a statement of (16 U.S.C. et seq.), the Central Valley Project Project for delivery to State Water Project con- the facts relied on, and an explanation of the tractors to offset that reduced water supply, Improvement Act (Public Law 102–575; 106 Stat. basis, for the decision; and 4706), or any other applicable State or Federal provided that if it is necessary to reduce water (B) is subject to applicable law, including the supplies for any Central Valley Project author- law (including regulations). Endangered Species Act of 1973 (16 U.S.C. 1531 (B) MUNICIPAL AND INDUSTRIAL SUPPLIES.— ized uses or contractors to make available to the et seq.). State Water Project that additional yield, such Nothing in paragraph (2) shall— (e) ALLOCATIONS FOR SACRAMENTO VALLEY (i) modify any provision of a water service reductions shall be applied proportionately to WATER SERVICE CONTRACTORS.— contract that addresses municipal or industrial those uses or contractors that benefit from that (1) DEFINITIONS.—In this subsection: water shortage policies of the Secretary of the increased yield. (A) EXISTING CENTRAL VALLEY PROJECT AGRI- Interior and the Secretary of Commerce; OTIFICATION RELATED TO ENVIRONMENTAL (3) N CULTURAL WATER SERVICE CONTRACTOR WITHIN (ii) affect or limit the authority of the Sec- PROTECTIONS.—The Secretary of the Interior THE SACRAMENTO RIVER WATERSHED.—The term retary of the Interior and the Secretary of Com- and Secretary of Commerce shall— ‘‘existing Central Valley Project agricultural merce to adopt or modify municipal and indus- (A) notify the Director of the California De- water service contractor within the Sacramento trial water shortage policies; partment of Fish and Wildlife regarding any River Watershed’’ means any water service con- (iii) affect or limit the authority of the Sec- changes in the manner in which the smelt bio- tractor within the Shasta, Trinity, or Sac- retary of the Interior and the Secretary of Com- logical opinion or the salmonid biological opin- ramento River division of the Central Valley merce to implement a municipal or industrial ion is implemented; and Project that has in effect a water service con- water shortage policy; (B) confirm that those changes are consistent tract on the date of enactment of this subtitle (iv) constrain, govern, or affect, directly or in- with the Endangered Species Act of 1973 (16 that provides water for irrigation. directly, the operations of the American River U.S.C. 1531 et seq.). (B) YEAR TERMS.—The terms ‘‘Above Normal’’, division of the Central Valley Project or any de- (4) SAVINGS.—Nothing in the applicable provi- ‘‘Below Normal’’, ‘‘Dry’’, and ‘‘Wet’’, with re- liveries from that division or a unit or facility of sions of this subtitle shall have any effect on the spect to a year, have the meanings given those that division; or application of the California Endangered Spe- terms in the Sacramento Valley Water Year (v) affects any allocation to a Central Valley cies Act (California Fish and Game Code sec- Type (40–30–30) Index. Project municipal or industrial water service tions 2050 through 2116). (2) ALLOCATIONS OF WATER.— contractor by increasing or decreasing alloca- (c) AREA OF ORIGIN AND WATER RIGHTS PRO- (A) ALLOCATIONS.—Subject to paragraph (3), tions to the contractor, as compared to the allo- TECTIONS.— the Secretary of the Interior shall make every cation the contractor would have received ab- (1) IN GENERAL.—The Secretary of the Interior reasonable effort in the operation of the Central sent paragraph (2). and the Secretary of Commerce, in carrying out Valley Project to allocate water provided for ir- (C) OTHER CONTRACTORS.—Nothing in para- the mandates of the applicable provisions of this rigation purposes to each existing Central Val- graph (2) shall— subtitle, shall take no action that— ley Project agricultural water service contractor (i) affect the priority of any individual or en- (A) diminishes, impairs, or otherwise affects in within the Sacramento River Watershed in ac- tity with a Sacramento River settlement contract any manner any area of origin, watershed of or- cordance with the following: over water service or repayment contractors;

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00073 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7474 CONGRESSIONAL RECORD — HOUSE December 8, 2016

(ii) affect the obligation of the United States the project benefits are Federal benefits, includ- (g) PARTNERSHIP AND AGREEMENTS.—The Sec- to make a substitute supply of water available ing water supplies dedicated to specific purposes retary of the Interior, acting through the Com- to the San Joaquin River exchange contractors; such as environmental enhancement and wild- missioner, may partner or enter into an agree- (iii) affect the allocation of water to Friant di- life refuges. ment regarding the water storage projects iden- vision contractors of the Central Valley Project; (4) ENVIRONMENTAL LAWS.—In participating tified in section 103(d)(1) of the Water Supply, (iv) result in the involuntary reduction in in a federally owned storage project under this Reliability, and Environmental Improvement contract water allocations to individuals or enti- subsection, the Secretary of the Interior shall Act (Public Law 108–361; 118 Stat. 1688) with ties with contracts to receive water from the comply with all applicable environmental laws, local joint powers authorities formed pursuant Friant division; including the National Environmental Policy to State law by irrigation districts and other (v) result in the involuntary reduction in Act of 1969 (42 U.S.C. 4321 et seq.). local water districts and local governments water allocations to refuge contractors; or (c) STATE-LED STORAGE PROJECTS.— within the applicable hydrologic region, to ad- (vi) authorize any actions inconsistent with (1) IN GENERAL.—Subject to the requirements vance those projects. State water rights law. of this subsection, the Secretary of the Interior (h) AUTHORIZATION OF APPROPRIATIONS.— (1) $335,000,000 of funding in section 4011(e) is SEC. 4006. NEW MELONES RESERVOIR. may participate in a State-led storage project in an amount equal to not more than 25 percent of authorized to remain available until expended. The Commissioner is directed to work with the total cost of the State-led storage project. (2) Projects can only receive funding if en- local water and irrigation districts in the (2) REQUEST BY GOVERNOR.—Participation by acted appropriations legislation designates Stanislaus River Basin to ascertain the water the Secretary of the Interior in a State-led stor- funding to them by name, after the Secretary storage made available by the Draft Plan of Op- age project under this subsection shall not occur recommends specific projects for funding pursu- erations in New Melones Reservoir (DRPO) for unless— ant to this section and transmits such rec- water conservation programs, conjunctive use (A) the participation has been requested by ommendations to the appropriate committees of projects, water transfers, rescheduled project the Governor of the State in which the State-led Congress. water and other projects to maximize water stor- storage project is located; (i) SUNSET.—This section shall apply only to age and ensure the beneficial use of the water (B) the State or local sponsor determines, and federally owned storage projects and State-led resources in the Stanislaus River Basin. All the Secretary of the Interior concurs, that— storage projects that the Secretary of the Inte- such programs and projects shall be imple- (i) the State-led storage project is technically rior determines to be feasible before January 1, mented according to all applicable laws and reg- and financially feasible and provides a Federal 2021. ulations. The source of water for any such stor- benefit in accordance with the reclamation (j) CONSISTENCY WITH STATE LAW.—Nothing age program at New Melones Reservoir shall be laws; in this section preempts or modifies any obliga- made available under a valid water right, con- (ii) sufficient non-Federal funding is available tion of the United States to act in conformance sistent with the State water transfer guidelines to complete the State-led storage project; and with applicable State law. and any other applicable State water law. The (iii) the State-led storage project sponsors are (k) CALFED AUTHORIZATION.—Title I of Public Commissioner shall inform the Congress within financially solvent; Law 108–361 (the Calfed Bay-Delta Authoriza- 18 months setting forth the amount of storage (C) the Secretary of the Interior determines tion Act) (118 Stat. 1681; 123 Stat. 2860; 128 Stat. made available by the DRPO that has been put that, in return for the Federal cost-share invest- 164; 128 Stat. 2312) (as amended by section 207 of to use under this program, including proposals ment in the State-led storage project, at least a Public Law 114–113) is amended by striking received by the Commissioner from interested proportional share of the project benefits are the ‘‘2017’’ each place it appears and inserting parties for the purpose of this section. Federal benefits, including water supplies dedi- ‘‘2019’’. SEC. 4007. STORAGE. cated to specific purposes such as environmental SEC. 4008. LOSSES CAUSED BY THE CONSTRUC- TION AND OPERATION OF STORAGE (a) DEFINITIONS.—In this subtitle: enhancement and wildlife refuges; and PROJECTS. (1) FEDERALLY OWNED STORAGE PROJECT.—The (D) the Secretary of the Interior submits to (a) MARINAS, RECREATIONAL FACILITIES, term ‘‘federally owned storage project’’ means Congress a written notification of these deter- OTHER BUSINESSES.—If in constructing any new any project involving a surface water storage minations within 30 days of making such deter- or modified water storage project included in facility in a Reclamation State— minations. section 103(d)(1)(A) of Public Law 108–361 (118 (A) to which the United States holds title; and (3) ENVIRONMENTAL LAWS.—When partici- Stat. 1684), the Bureau of Reclamation destroys (B) that was authorized to be constructed, op- pating in a State-led storage project under this or otherwise adversely affects any existing ma- erated, and maintained pursuant to the rec- subsection, the Secretary shall comply with all rina, recreational facility, or other water-de- lamation laws. applicable environmental laws, including the National Environmental Policy Act of 1969 (42 pendent business when constructing or oper- (2) STATE-LED STORAGE PROJECT.—The term ating a new or modified water storage project, ‘‘State-led storage project’’ means any project in U.S.C. 4321 et seq.). (4) INFORMATION.—When participating in a the Secretaries of the Interior and Agriculture, a Reclamation State that— State-led storage project under this subsection, acting through the Bureau and the Forest Serv- (A) involves a groundwater or surface water the Secretary of the Interior— ice shall— storage facility constructed, operated, and (A) may rely on reports prepared by the spon- (1) provide compensation otherwise required maintained by any State, department of a State, sor of the State-led storage project, including by law; and subdivision of a State, or public agency orga- feasibility (or equivalent) studies, environmental (2) provide the owner of the affected marina, nized pursuant to State law; and analyses, and other pertinent reports and anal- recreational facility, or other water-dependent (B) provides a benefit in meeting any obliga- yses; but business under mutually agreeable terms and tion under Federal law (including regulations). (B) shall retain responsibility for making the conditions with the right of first refusal to con- (b) FEDERALLY OWNED STORAGE PROJECTS.— independent determinations described in para- struct and operate a replacement marina, rec- (1) AGREEMENTS.—On the request of any graph (2). reational facility, or other water-dependent State, any department, agency, or subdivision of (d) AUTHORITY TO PROVIDE ASSISTANCE.—The business, as the case may be, on United States a State, or any public agency organized pursu- Secretary of the Interior may provide financial land associated with the new or modified water ant to State law, the Secretary of the Interior assistance under this subtitle to carry out storage project. may negotiate and enter into an agreement on projects within any Reclamation State. (b) HYDROELECTRIC PROJECTS.—If in con- behalf of the United States for the design, (e) RIGHTS TO USE CAPACITY.—Subject to com- structing any new or modified water storage study, and construction or expansion of any pliance with State water rights laws, the right project included in section 103(d)(1)(A) of Public federally owned storage project in accordance to use the capacity of a federally owned storage Law 108-361 (118 Stat. 1684), the Bureau of Rec- with this section. project or State-led storage project for which the lamation reduces or eliminates the capacity or (2) FEDERAL COST SHARE.—Subject to the re- Secretary of the Interior has entered into an generation of any existing non-Federal hydro- quirements of this subsection, the Secretary of agreement under this subsection shall be allo- electric project by inundation or otherwise, the the Interior may participate in a federally cated in such manner as may be mutually Secretary of the Interior shall, subject to the re- owned storage project in an amount equal to not agreed to by the Secretary of the Interior and quirements and limitations of this section— more than 50 percent of the total cost of the fed- each other party to the agreement. (1) provide compensation otherwise required erally owned storage project. (f) COMPLIANCE WITH CALIFORNIA WATER by law; (3) COMMENCEMENT.—The construction of a BOND.— (2) provide the owner of the affected hydro- federally owned storage project that is the sub- (1) IN GENERAL.—The provision of Federal electric project under mutually agreeable terms ject of an agreement under this subsection shall funding for construction of a State-led storage and conditions with a right of first refusal to not commence until the Secretary of the Inte- project in the State of California shall be subject construct, operate, and maintain replacement rior— to the condition that the California Water Com- hydroelectric generating facilities at such new (A) determines that the proposed federally mission shall determine that the State-led stor- or modified water storage project on Federal owned storage project is feasible in accordance age project is consistent with the California land associated with the new or modified water with the reclamation laws; Water Quality, Supply, and Infrastructure Im- storage project or on private land owned by the (B) secures an agreement providing upfront provement Act, approved by California voters on affected hydroelectric project owner; funding as is necessary to pay the non-Federal November 4, 2014. (3) provide compensation for the construction share of the capital costs; and (2) APPLICABILITY.—This subsection expires of any water conveyance facilities as are nec- (C) determines that, in return for the Federal on the date on which State bond funds available essary to convey water to any new powerhouse cost-share investment in the federally owned under the Act referred to in paragraph (1) are constructed by such owner in association with storage project, at least a proportionate share of expended. such new hydroelectric generating facilities;

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00074 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7475 (4) provide for paragraphs (1), (2), and (3) at ‘‘(I) the eligible desalination project is tech- ‘‘(C) any conditions the Secretary may require a cost not to exceed the estimated value of the nically and financially feasible and provides a for construction of the project. actual impacts to any existing non-Federal hy- Federal benefit in accordance with the reclama- ‘‘(4) ELIGIBILITY FOR FUNDING.—The non-Fed- droelectric project, including impacts to its ca- tion laws; eral project sponsor of any project determined pacity and energy value, and as estimated for ‘‘(II) sufficient non-Federal funding is avail- by the Secretary to be feasible under paragraph the associated feasibility study, including addi- able to complete the eligible desalination project; (3)(A) shall be eligible to apply to the Secretary tional planning, environmental, design, con- and for funding for the Federal share of the costs of struction, and operations and maintenance costs ‘‘(III) the eligible desalination project spon- planning, designing and constructing the for existing and replacement facilities; and sors are financially solvent; and project pursuant to subsection (f). (5) ensure that action taken under paragraphs ‘‘(iii) the Secretary of the Interior submits to ‘‘(f) COMPETITIVE GRANT PROGRAM FOR THE (1), (2), (3), and (4) shall not directly or indi- Congress a written notification of these deter- FUNDING OF WATER RECYCLING AND REUSE rectly increase the costs to recipients of power minations within 30 days of making such deter- PROJECTS.— marketed by the Western Area Power Adminis- minations. ‘‘(1) ESTABLISHMENT.—The Secretary shall es- tration, nor decrease the value of such power. ‘‘(D) ENVIRONMENTAL LAWS.—When partici- tablish a competitive grant program under (c) EXISTING LICENSEE.—The owner of any pating in an eligible desalination project under which the non-Federal project sponsor of any project affected under subsection (b)(2) shall be this subsection, the Secretary shall comply with project determined by the Secretary to be fea- deemed the existing licensee, in accordance with all applicable environmental laws, including the sible under subsection (e)(3)(A) shall be eligible section 15(a) of the Act of June 10, 1920 (16 National Environmental Policy Act of 1969 (42 to apply for funding for the planning, design, U.S.C. 808(a)), for any replacement project to be U.S.C. 4321 et seq.). and construction of the project, subject to sub- constructed within the proximate geographic ‘‘(E) INFORMATION.—When participating in an section (g)(2). area of the affected project. eligible desalination project under this sub- ‘‘(2) PRIORITY.—When funding projects under (d) COST ALLOCATION.— section, the Secretary of the Interior— paragraph (1), the Secretary shall give funding (1) COMPENSATION.—Any compensation under ‘‘(i) may rely on reports prepared by the spon- priority to projects that meet one or more of the this section shall be a project cost allocated sole- sor of the eligible desalination project, including criteria listed in paragraph (3) and are located ly to the direct beneficiaries of the new or modi- feasibility (or equivalent) studies, environmental in an area that— fied water project constructed under this sec- analyses, and other pertinent reports and anal- ‘‘(A) has been identified by the United States tion. yses; but Drought Monitor as experiencing severe, ex- (2) REPLACEMENT COSTS.—The costs of the re- ‘‘(ii) shall retain responsibility for making the treme, or exceptional drought at any time in the placement project, and any compensation, shall independent determinations described in sub- 4-year period before such funds are made avail- be— paragraph (C). able; or (A) treated as a stand-alone project and shall ‘‘(F) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) was designated as a disaster area by a ‘‘(i) $30,000,000 of funding is authorized to re- not be financially integrated in any other State during the 4-year period before such funds main available until expended; and project; and are made available. ‘‘(ii) Projects can only receive funding if en- (B) allocated in accordance with mutually ‘‘(3) CRITERIA.—The project criteria referred acted appropriations legislation designates agreeable terms between the Secretary and to in paragraph (2) are the following: funding to them by name, after the Secretary project beneficiaries. ‘‘(A) Projects that are likely to provide a more recommends specific projects for funding pursu- (e) APPLICABILITY.—This section shall only reliable water supply for States and local gov- ant to this subsection and transmits such rec- apply to federally owned water storage projects ernments. whether authorized under section 4007 or some ommendations to the appropriate committees of ‘‘(B) Projects that are likely to increase the other authority. Congress.’’. water management flexibility and reduce im- (c) AUTHORIZATION OF NEW WATER RECYCLING (f) LIMITATION.—Nothing in this section af- pacts on environmental resources from projects AND REUSE PROJECTS.—Section 1602 of the Rec- fects the ability of landowners or Indian tribes operated by Federal and State agencies. lamation Wastewater and Groundwater Study to seek compensation or any other remedy other- ‘‘(C) Projects that are regional in nature. wise provided by law. and Facilities Act (title XVI of Public Law 102– ‘‘(D) Projects with multiple stakeholders. (g) SAVINGS CLAUSE.—No action taken under 575; 43 U.S.C. 390h et. seq.) is amended by add- ‘‘(E) Projects that provide multiple benefits, this section shall directly or indirectly increase ing at the end the following new subsections: including water supply reliability, eco-system ‘‘(e) AUTHORIZATION OF NEW WATER RECY- the costs to recipients of power marketed by the benefits, groundwater management and en- CLING AND REUSE PROJECTS.— Western Area Power Administration, nor de- hancements, and water quality improvements. ‘‘(1) SUBMISSION TO THE SECRETARY.— crease the value of such power. ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—Non-Federal interests may ‘‘(1) There is authorized to be appropriated to SEC. 4009. OTHER WATER SUPPLY PROJECTS. submit proposals for projects eligible to be au- the Secretary of the Interior an additional (a) WATER DESALINATION ACT AMENDMENTS.— thorized pursuant to this section in the form of $50,000,000 to remain available until expended. Section 4 of the Water Desalination Act of 1996 completed feasibility studies to the Secretary. ‘‘(2) Projects can only receive funding if en- (42 U.S.C. 10301 note; Public Law 104–298) is ‘‘(B) ELIGIBLE PROJECTS.—A project shall be amended— considered eligible for consideration under this acted appropriations legislation designates (1) in subsection (a)— section if the project reclaims and reuses— funding to them by name, after the Secretary (A) by redesignating paragraphs (2) and (3) as ‘‘(i) municipal, industrial, domestic, or agri- recommends specific projects for funding pursu- paragraphs (3) and (4), respectively; and cultural wastewater; or ant to subsection (f) and transmits such rec- (B) by inserting after paragraph (1) the fol- ‘‘(ii) impaired ground or surface waters. ommendations to the appropriate committees of lowing: ‘‘(C) GUIDELINES.—Within 60 days of the en- Congress.’’. ‘‘(1) PROJECTS.— actment of this Act the Secretary shall issue (d) FUNDING.—Section 9504 of the Omnibus ‘‘(A) IN GENERAL.—Subject to the requirements guidelines for feasibility studies for water recy- Public Land Management Act of 2009 (42 U.S.C. of this subsection, the Secretary of the Interior cling and reuse projects to provide sufficient in- 10364) is amended in subsection (e) by striking may participate in an eligible desalination formation for the formulation of the studies. ‘‘$350,000,000’’ and inserting ‘‘$450,000,000’’ on project in an amount equal to not more than 25 ‘‘(2) REVIEW BY THE SECRETARY.—The Sec- the condition that of that amount, $50,000,000 of percent of the total cost of the eligible desalina- retary shall review each feasibility study re- it is used to carry out section 206 of the Energy tion project. ceived under paragraph (1)(A) for the purpose and Water Development and Related Agencies ‘‘(B) ELIGIBLE DESALINATION PROJECT.—The of— Appropriation Act, 2015 (43 U.S.C. 620 note; term ‘eligible desalination project’ means any ‘‘(A) determining whether the study, and the Public Law 113–235). project in a Reclamation State, that— process under which the study was developed, SEC. 4010. ACTIONS TO BENEFIT THREATENED ‘‘(i) involves an ocean or brackish water de- each comply with Federal laws and regulations AND ENDANGERED SPECIES AND salination facility either constructed, operated applicable to feasibility studies of water recy- OTHER WILDLIFE. and maintained; or sponsored by any State, de- cling and reuse projects; and (a) INCREASED REAL-TIME MONITORING AND partment of a State, subdivision of a State or ‘‘(B) the project is technically and financially UPDATED SCIENCE.— public agency organized pursuant to a State feasible and provides a Federal benefit in ac- (1) SMELT BIOLOGICAL OPINION.—The Director law; and cordance with the reclamation laws. shall use the best scientific and commercial data ‘‘(ii) provides a Federal benefit in accordance ‘‘(3) SUBMISSION TO CONGRESS.—Not later than available to implement, continuously evaluate, with the reclamation laws (including regula- 180 days after the date of receipt of a feasibility and refine or amend, as appropriate, the reason- tions). study received under paragraph (1)(A), the Sec- able and prudent alternative described in the ‘‘(C) STATE ROLE.—Participation by the Sec- retary shall submit to the Committee on Energy smelt biological opinion. retary of the Interior in an eligible desalination and Natural Resources of the Senate and the (2) INCREASED MONITORING TO INFORM REAL- project under this subsection shall not occur un- Committee on Natural Resources of the House of TIME OPERATIONS.— less— Representatives a report that describes— (A) IN GENERAL.—The Secretary of the Inte- ‘‘(i) the project is included in a state-approved ‘‘(A) the results of the Secretary’s review of rior shall conduct additional surveys, on an an- plan or federal participation has been requested the study under paragraph (2), including a de- nual basis at the appropriate time of year based by the Governor of the State in which the eligi- termination of whether the project is feasible; on environmental conditions, in collaboration ble desalination project is located; and ‘‘(B) any recommendations the Secretary may with interested stakeholders regarding the ‘‘(ii) the State or local sponsor determines, have concerning the plan or design of the science of the Delta in general, and to enhance and the Secretary of the Interior concurs, that— project; and real time decisionmaking in particular, working

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00075 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7476 CONGRESSIONAL RECORD — HOUSE December 8, 2016 in close coordination with relevant State au- (iii) the California Department of Fish and (ii) may enter into cooperative agreements for thorities. Wildlife and the California Department of the operation of conservation hatchery pro- (B) REQUIREMENTS.—In carrying out this sub- Water Resources; and grams with States, Indian tribes, and other non- section, the Secretary of the Interior shall use— (iv) nongovernmental organizations. governmental entities for the benefit, enhance- (i) the most appropriate and accurate survey (b) ACTIONS TO BENEFIT ENDANGERED FISH ment, and support of naturally spawning fish methods available for the detection of Delta POPULATIONS.— species. smelt to determine the extent to which adult (1) FINDINGS.—Congress finds that— (6) ACQUISITION OF LAND, WATER, OR INTER- Delta smelt are distributed in relation to certain (A) minimizing or eliminating stressors to fish ESTS FROM WILLING SELLERS FOR ENVIRON- levels of turbidity or other environmental factors populations and their habitat in an efficient MENTAL PURPOSES IN CALIFORNIA.— that may influence salvage rate; and structured manner is a key aspect of a fish (A) IN GENERAL.—The Secretary of the Inte- (ii) results from appropriate surveys for the recovery strategy; rior is authorized to acquire by purchase, lease, (B) functioning, diverse, and interconnected detection of Delta smelt to determine how the donation, or otherwise, land, water, or interests habitats are necessary for a species to be viable; Central Valley Project and State Water Project in land or water from willing sellers in Cali- and may be operated more efficiently to maximize fornia— (C) providing for increased fish habitat may (i) to benefit listed or candidate species under fish and water supply benefits; and not only allow for a more robust fish recovery, the Endangered Species Act of 1973 (16 U.S.C. (iii) science-based recommendations developed but also reduce impacts to water supplies. 1531 et seq.) or the California Endangered Spe- by any of the persons or entities described in (2) ACTIONS FOR BENEFIT OF ENDANGERED SPE- cies Act (California Fish and Game Code sec- paragraph (4)(B) to inform the agencies’ real- CIES.—There is authorized to be appropriated time decisions. the following amounts: tions 2050 through 2116); (C) WINTER MONITORING.—During the period (A) $15,000,000 for the Secretary of Commerce, (ii) to meet requirements of, or otherwise pro- between December 1 and March 31, if suspended through the Administrator of the National Oce- vide water quality benefits under, the Federal sediment loads enter the Delta from the Sac- anic and Atmospheric Administration, to carry Water Pollution Control Act (33 U.S.C. 1251 et ramento River, and the suspended sediment out the following activities in accordance with seq.) or the Porter Cologne Water Quality Con- loads appear likely to raise turbidity levels in the Endangered Species Act of 1973 (16 U.S.C. trol Act (division 7 of the California Water the Old River north of the export pumps from 1531 et seq.): Code); or values below 12 Nephelometric Turbidity Units (i) Gravel and rearing area additions and (iii) for protection and enhancement of the en- (NTUs) to values above 12 NTUs, the Secretary habitat restoration to the Sacramento River to vironment, as determined by the Secretary of the of the Interior shall— benefit Chinook salmon and steelhead trout. Interior. (i) conduct daily monitoring using appropriate (ii) Scientifically improved and increased real- (B) STATE PARTICIPATION.—In implementing survey methods at locations including the vicin- time monitoring to inform real-time operations this section, the Secretary of the Interior is au- ity of Station 902 to determine the extent to of Shasta and related Central Valley Project fa- thorized to participate with the State of Cali- which adult Delta smelt are moving with tur- cilities, and alternative methods, models, and fornia or otherwise hold such interests identified bidity toward the export pumps; and equipment to improve temperature modeling and in subparagraph (A) in joint ownership with the (ii) use results from the monitoring under sub- related forecasted information for purposes of State of California based on a cost share deemed paragraph (A) to determine how increased predicting impacts to salmon and salmon habi- appropriate by the Secretary. trawling can inform daily real-time Central Val- tat as a result of water management at Shasta. (C) TREATMENT.—Any expenditures under this ley Project and State Water Project operations (iii) Methods to improve the Delta salvage sys- subsection shall be nonreimbursable and non- to maximize fish and water supply benefits. tems, including alternative methods to redeposit returnable to the United States. (7) REAUTHORIZATION OF THE FISHERIES RES- (3) PERIODIC REVIEW OF MONITORING.—Not salvaged salmon smolts and other fish from the later than 1 year after the date of enactment of Delta in a manner that reduces predation losses. TORATION AND IRRIGATION MITIGATION ACT OF this subtitle, the Secretary of the Interior (B) $3,000,000 for the Secretary of the Interior 2000.— (A) Section 10(a) of the Fisheries Restoration shall— to conduct the Delta smelt distribution study and Irrigation Mitigation Act of 2000 (16 U.S.C. (A) evaluate whether the monitoring program referenced in subsection (a)(4). 777 note; Public Law 106–502) is amended by under paragraph (2), combined with other moni- (3) COMMENCEMENT.—If the Administrator of striking ‘‘$25 million for each of fiscal years 2009 toring programs for the Delta, is providing suffi- the National Oceanic and Atmospheric Adminis- through 2015’’ and inserting ‘‘$15 million cient data to inform Central Valley Project and tration determines that a proposed activity is through 2021’’; and State Water Project operations to maximize the feasible and beneficial for protecting and recov- (B) Section 2 of the Fisheries Restoration and water supply for fish and water supply benefits; ering a fish population, the Administrator shall Irrigation Mitigation Act of 2000 (16 U.S.C. 777 and commence implementation of the activity by not note; Public Law 106–502) is amended by strik- (B) determine whether the monitoring efforts later than 1 year after the date of enactment of ing ‘‘Montana, and Idaho’’ and inserting should be changed in the short or long term to this subtitle. (4) CONSULTATION.—The Administrator shall ‘‘Montana, Idaho, and California’’. provide more useful data. take such steps as are necessary to partner (c) ACTIONS TO BENEFIT REFUGES.— (4) DELTA SMELT DISTRIBUTION STUDY.— with, and coordinate the efforts of, the Depart- (1) IN GENERAL.—In addition to funding under (A) IN GENERAL.—Not later than March 15, ment of the Interior, the Department of Com- section 3407 of the Central Valley Project Im- 2021, the Secretary of the Interior shall— provement Act (Public Law 102–575; 106 Stat. (i) complete studies, to be initiated by not merce, and other relevant Federal departments and agencies to ensure that all Federal reviews, 4726), there is authorized to be appropriated to later than 90 days after the date of enactment of analyses, opinions, statements, permits, licenses, the Secretary of the Interior $2,000,000 for each this subtitle, designed— of fiscal years 2017 through 2021 for the accel- (I) to understand the location and determine and other approvals or decisions required under Federal law are completed on an expeditious eration and completion of water infrastructure the abundance and distribution of Delta smelt basis, consistent with Federal law. and conveyance facilities necessary to achieve throughout the range of the Delta smelt; and (5) CONSERVATION FISH HATCHERIES.— full water deliveries to Central Valley wildlife (II) to determine potential methods to mini- (A) IN GENERAL.—Not later than 2 years after mize the effects of Central Valley Project and refuges and habitat areas pursuant to section the date of enactment of this subtitle, the Secre- 3406(d) of that Act (Public Law 102–575; 106 State Water Project operations on the Delta taries of the Interior and Commerce, in coordi- smelt; Stat. 4722). nation with the Director of the California De- (2) COST SHARING.— (ii) based on the best available science, if ap- partment of Fish and Wildlife, shall develop and (A) FEDERAL SHARE.—The Federal share of propriate and practicable, implement new tar- implement as necessary the expanded use of the cost of carrying out an activity described in geted sampling and monitoring of Delta smelt in conservation hatchery programs to enhance, this section shall be not more than 50 percent. order to maximize fish and water supply benefits supplement, and rebuild Delta smelt and Endan- (B) NON-FEDERAL SHARE.—The non-Federal prior to completion of the study under clause (i); gered Species Act-listed fish species under the share of the cost of carrying out an activity de- (iii) to the maximum extent practicable, use smelt and salmonid biological opinions. scribed in this section— new technologies to allow for better tracking of (B) REQUIREMENTS.—The conservation hatch- (i) shall be not less than 50 percent; and Delta smelt, such as acoustic tagging, optical ery programs established under paragraph (1) (ii) may be provided in cash or in kind. recognition during trawls, and fish detection and the associated hatchery and genetic man- (d) NON-FEDERAL PROGRAM TO PROTECT NA- using residual deoxyribonucleic acid (DNA); agement plans shall be designed— TIVE ANADROMOUS FISH IN STANISLAUS RIVER.— and (i) to benefit, enhance, support, and otherwise (1) DEFINITION OF DISTRICT.—In this section, (iv) if new sampling and monitoring is not im- recover naturally spawning fish species to the the term ‘‘district’’ means— plemented under clause (ii), provide a detailed point where the measures provided under the (A) the Oakdale Irrigation District of the explanation of the determination of the Sec- Endangered Species Act of 1973 (16 U.S.C. 1531 State of California; and retary of the Interior that no change is war- et seq.) are no longer necessary; and (B) the South San Joaquin Irrigation District ranted. (ii) to minimize adverse effects to Central Val- of the State of California. (B) CONSULTATION.—In determining the scope ley Project and State Water Project operations. (2) ESTABLISHMENT.—The Secretary of Com- of the studies under this subsection, the Sec- (C) PRIORITY; COOPERATIVE AGREEMENTS.—In merce, acting through the Assistant Adminis- retary of the Interior shall consult with— implementing this section, the Secretaries of the trator of the National Marine Fisheries Service, (i) Central Valley Project and State Water Interior and Commerce— and the districts shall jointly establish and con- Project water contractors and public water (i) shall give priority to existing and prospec- duct a nonnative predator research and pilot agencies; tive hatchery programs and facilities within the fish removal program to study the effects of re- (ii) other public water agencies; Delta and the riverine tributaries thereto; and moving from the Stanislaus River—

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00076 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7477

(A) nonnative striped bass, smallmouth bass, the cost to be incurred by the National Marine (3) EMERGENCY ENVIRONMENTAL REVIEWS.—To largemouth bass, black bass; and Fisheries Service for the program during the fol- expedite environmentally beneficial programs in (B) other nonnative predator fish species. lowing calendar year, if any, including the cost this subtitle for the conservation of threatened (3) REQUIREMENTS.—The program under this of any data collection and posting under para- and endangered species, the Secretaries of the section shall— graph (7). Interior and Commerce shall consult with the (A) be scientifically based, with research ques- (ii) FAILURE TO FUND.—If an amount equal to Council on Environmental Quality in accord- tions determined jointly by— the estimate of the Secretary of Commerce is not ance with section 1506.11 of title 40, Code of (i) National Marine Fisheries Service sci- provided through contributions pursuant to sub- Federal Regulations (or successor regulations), entists; and paragraph (B) before December 31 of that cal- to develop alternative arrangements to comply (ii) technical experts of the districts; endar year— with the National Environmental Policy Act of (B) include methods to quantify by, among (I) the Secretary shall have no obligation to 1969 (42 U.S.C. 4321 et seq.) for those programs. other things, evaluating the number of juvenile conduct the program activities otherwise sched- (f) COLLABORATIVE PROCESSES.—Notwith- anadromous fish that migrate past the rotary uled for the following calendar year until the standing the Federal Advisory Committee Act (5 screw trap located at Caswell— amount is contributed by the districts; and U.S.C. App.) and applicable Federal acquisi- (i) the number and size of predator fish re- (II) the districts may not conduct any aspect tions and contracting authorities, the Secre- moved each year; and of the program until the amount is contributed taries of the Interior and Commerce may use the (ii) the impact of the removal on— by the districts. collaborative processes under the Collaborative (I) the overall abundance of predator fish in (D) ACCOUNTING.— Science Adaptive Management Program to enter the Stanislaus River; and (i) IN GENERAL.—Not later than September 1 of into contracts with specific individuals or orga- (II) the populations of juvenile anadromous each year, the Secretary of Commerce shall pro- nizations directly or in conjunction with appro- fish in the Stanislaus River; vide to the districts an accounting of the costs priate State agencies. (C) among other methods, consider using wire incurred by the Secretary for the program dur- (g) THE ‘‘SAVE OUR SALMON ACT’’.— fyke trapping, portable resistance board weirs, ing the preceding calendar year. (1) TREATMENT OF STRIPED BASS.— and boat electrofishing; and (ii) EXCESS AMOUNTS.—If the amount contrib- (A) ANADROMOUS FISH.—Section 3403(a) of the (D) be implemented as quickly as practicable uted by the districts pursuant to subparagraph Central Valley Project Improvement Act (title after the date of issuance of all necessary sci- (B) for a calendar year was greater than the XXXIV of Public Law 102–575) is amended by entific research permits. costs incurred by the Secretary of Commerce striking ‘‘striped bass,’’ after ‘‘stocks of salmon (4) MANAGEMENT.—The management of the during that year, the Secretary shall— (including steelhead),’’. program shall be the joint responsibility of the (I) apply the excess amounts to the cost of ac- (B) FISH AND WILDLIFE RESTORATION ACTIVI- Assistant Administrator and the districts, which tivities to be performed by the Secretary under TIES.—Section 3406(b) of the Central Valley shall— the program, if any, during the following cal- Project Improvement Act (title XXXIV of Public (A) work collaboratively to ensure the per- endar year; or Law 102–575) is amended by— formance of the program; and (II) if no such activities are to be performed, (i) striking paragraphs (14) and (18); (B) discuss and agree on, among other repay the excess amounts to the districts. (ii) redesignating paragraphs (15) through (17) things— (7) PUBLICATION AND EVALUATION OF DATA.— as paragraphs (14) through (16), respectively; (A) IN GENERAL.—All data generated through (i) qualified scientists to lead the program; and (ii) research questions; the program, including by any private consult- (iii) redesignating paragraphs (19) through (iii) experimental design; ants, shall be routinely provided to the Assist- (23) as paragraphs (17) through (21), respec- (iv) changes in the structure, management, ant Administrator. tively. (B) INTERNET.—Not later than the 15th day of personnel, techniques, strategy, data collection (2) CONFORMING CHANGES.—Section 3407(a) of each month of the program, the Assistant Ad- and access, reporting, and conduct of the pro- the Central Valley Project Improvement Act ministrator shall publish on the Internet website gram; and (title XXXIV of Public Law 102–575) is amended (v) the need for independent peer review. of the National Marine Fisheries Service a tab- by striking ‘‘(10)–(18), and (20)–(22)’’ and insert- ular summary of the raw data collected under (5) CONDUCT.— ing ‘‘(10)–(16), and (18)–(20)’’. the program during the preceding month. (A) IN GENERAL.—For each applicable cal- SEC. 4011. OFFSETS AND WATER STORAGE AC- (C) REPORT.—On completion of the program, endar year, the districts, on agreement of the COUNT. the Assistant Administrator shall prepare a Assistant Administrator, may elect to conduct (a) PREPAYMENT OF CERTAIN REPAYMENT CON- final report evaluating the effectiveness of the the program under this section using— TRACTS BETWEEN THE UNITED STATES AND CON- program, including recommendations for future (i) the personnel of the Assistant Adminis- TRACTORS OF FEDERALLY DEVELOPED WATER research and removal work. trator or districts; SUPPLIES.— (8) CONSISTENCY WITH LAW.— (ii) qualified private contractors hired by the (1) CONVERSION AND PREPAYMENT OF CON- (A) IN GENERAL.—The programs in this section districts; and subsection (e) are found to be consistent TRACTS.—Upon request of the contractor, the (iii) personnel of, on loan to, or otherwise as- with the requirements of the Central Valley Secretary of the Interior shall convert any water signed to the National Marine Fisheries Service; Project Improvement Act (Public Law 102–575; service contract in effect on the date of enact- or 106 Stat. 4706). ment of this subtitle and between the United (iv) a combination of the individuals described (B) LIMITATION.—No provision, plan, or defi- States and a water users’ association to allow in clauses (i) through (iii). nition under that Act, including section for prepayment of the repayment contract pur- (B) PARTICIPATION BY NATIONAL MARINE FISH- 3406(b)(1) of that Act (Public Law 102–575; 106 suant to paragraph (2) under mutually agree- ERIES SERVICE.— Stat. 4714), shall be used— able terms and conditions. The manner of con- (i) IN GENERAL.—If the districts elect to con- (i) to prohibit the implementation of the pro- version under this paragraph shall be as fol- duct the program using district personnel or grams in this subsection and subsection (e); or lows: qualified private contractors hired under clause (ii) to prevent the accomplishment of the goals (A) Water service contracts that were entered (i) or (ii) of subparagraph (A), the Assistant Ad- of the programs. into under section (e) of the Act of August 4, ministrator may assign an employee of, on loan (e) PILOT PROJECTS TO IMPLEMENT CALFED 1939 (53 Stat. 1196), to be converted under this to, or otherwise assigned to the National Marine INVASIVE SPECIES PROGRAM.— section shall be converted to repayment con- Fisheries Service, to be present for all activities (1) IN GENERAL.—Not later than January 1, tracts under section 9(d) of that Act (53 Stat. performed in the field to ensure compliance with 2018, the Secretary of the Interior, in collabora- 1195). paragraph (4). tion with the Secretary of Commerce, the Direc- (B) Water service contracts that were entered (ii) COSTS.—The districts shall pay the cost of tor of the California Department of Fish and under subsection (c)(2) of section 9 of the Act of participation by the employee under clause (i), Wildlife, and other relevant agencies and inter- August 4, 1939 (53 Stat. 1194), to be converted in accordance with paragraph (6). ested parties, shall establish and carry out pilot under this section shall be converted to a con- (C) TIMING OF ELECTION.—The districts shall projects to implement the invasive species con- tract under subsection (c)(1) of section 9 of that notify the Assistant Administrator of an election trol program under section 103(d)(6)(A)(iv) of Act (53 Stat. 1195). under subparagraph (A) by not later than Octo- Public Law 108–361 (118 Stat. 1690). (2) PREPAYMENT.—Except for those repayment ber 15 of the calendar year preceding the cal- (2) REQUIREMENTS.—The pilot projects under contracts under which the contractor has pre- endar year for which the election applies. this section shall— viously negotiated for prepayment, all repay- (6) FUNDING.— (A) seek to reduce invasive aquatic vegetation ment contracts under section 9(d) of that Act (53 (A) IN GENERAL.—The districts shall be re- (such as water hyacinth), predators, and other Stat. 1195) in effect on the date of enactment of sponsible for 100 percent of the cost of the pro- competitors that contribute to the decline of na- this subtitle at the request of the contractor, gram. tive listed pelagic and anadromous species that and all contracts converted pursuant to para- (B) CONTRIBUTED FUNDS.—The Secretary of occupy the Sacramento and San Joaquin Rivers graph (1)(A) shall— Commerce may accept and use contributions of and their tributaries and the Delta; and (A) provide for the repayment, either in lump funds from the districts to carry out activities (B) remove, reduce, or control the effects of sum or by accelerated prepayment, of the re- under the program. species including Asiatic clams, silversides, maining construction costs identified in water (C) ESTIMATION OF COST.— gobies, Brazilian water weed, largemouth bass, project specific irrigation rate repayment sched- (i) IN GENERAL.—Not later than December 1 of smallmouth bass, striped bass, crappie, bluegill, ules, as adjusted to reflect payment not reflected each year of the program, the Secretary of Com- white and channel catfish, zebra and quagga in such schedules, and properly assignable for merce shall submit to the districts an estimate of mussels, and brown bullheads. ultimate return by the contractor, or if made in

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00077 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7478 CONGRESSIONAL RECORD — HOUSE December 8, 2016 approximately equal installments, no later than allocated costs. The term of such additional re- fully reimbursed to the Account consistent with 3 years after the effective date of the repayment payment contract shall be not less than one the requirements under Federal reclamation law contract, such amount to be discounted by 1⁄2 year and not more than 10 years, however, mu- (the Act of June 17, 1902 (32 Stat. 388, chapter the Treasury rate. An estimate of the remaining tually agreeable provisions regarding the rate of 1093), and Acts supplemental to and amendatory construction costs, as adjusted, shall be pro- repayment of such amount may be developed by of that Act (43 U.S.C. 371 et seq.)) except that vided by the Secretary to the contractor no later the parties. In the event that the final cost allo- all funds reimbursed shall be deposited in the than 90 days following receipt of request of the cation indicates that the costs properly assign- Account established under paragraph (2). contractor; able to the contractor are less than what the (4) AVAILABILITY OF AMOUNTS.—Amounts de- (B) require that construction costs or other contractor has paid, the Secretary shall credit posited in the Account under this subsection capitalized costs incurred after the effective date such overpayment as an offset against any out- shall— of the contract or not reflected in the rate standing or future obligation of the contractor, (A) be made available in accordance with this schedule referenced in subparagraph (A), and with the exception of Restoration Fund charges section, subject to appropriation; and properly assignable to such contractor shall be pursuant to section 3407(d) of Public Law 102– (B) be in addition to amounts appropriated for repaid in not more than 5 years after notifica- 575. such purposes under any other provision of law. tion of the allocation if such amount is a result (c) APPLICABILITY OF CERTAIN PROVISIONS.— (f) DEFINITIONS.—For the purposes of this of a collective annual allocation of capital costs (1) EFFECT OF EXISTING LAW.—Upon a con- subtitle, the following definitions apply: to the contractors exercising contract conversion tractor’s compliance with and discharge of the (1) ACCOUNT.—The term ‘‘Account’’ means the under this subsection of less than $5,000,000. If obligation of repayment of the construction Reclamation Water Storage Account established such amount is $5,000,000 or greater, such cost costs pursuant to a contract entered into pursu- under subsection (e)(2). shall be repaid as provided by applicable rec- ant to subsection (a)(2)(A), subsections (a) and (2) CONSTRUCTION.—The term ‘‘construction’’ lamation law; (b) of section 213 of the Reclamation Reform Act means the designing, materials engineering and (C) provide that power revenues will not be of 1982 (96 Stat. 1269) shall apply to affected testing, surveying, and building of water storage available to aid in repayment of construction lands. including additions to existing water storage costs allocated to irrigation under the contract; (2) EFFECT OF OTHER OBLIGATIONS.—The obli- and construction of new water storage facilities, and gation of a contractor to repay construction exclusive of any Federal statutory or regulatory (D) continue so long as the contractor pays costs or other capitalized costs described in sub- obligations relating to any permit, review, ap- applicable charges, consistent with section 9(d) section (a)(2)(B), (a)(3)(B), or (b) shall not af- proval, or other such requirement. of the Act of August 4, 1939 (53 Stat. 1195), and fect a contractor’s status as having repaid all of (3) WATER STORAGE.—The term ‘‘water stor- applicable law. the construction costs assignable to the con- age’’ means any federally owned facility under (3) CONTRACT REQUIREMENTS.—Except for tractor or the applicability of subsections (a) the jurisdiction of the Bureau of Reclamation or those repayment contracts under which the con- and (b) of section 213 of the Reclamation Reform any non-Federal facility used for the storage tractor has previously negotiated for prepay- Act of 1982 (96 Stat. 1269) once the amount re- and supply of water resources. ment, the following shall apply with regard to quired to be paid by the contractor under the re- (4) TREASURY RATE.—The term ‘‘Treasury all repayment contracts under subsection (c)(1) payment contract entered into pursuant to sub- rate’’ means the 20- year Constant Maturity of section 9 of that Act (53 Stat. 1195) in effect section (a)(2)(A) has been paid. Treasury (CMT) rate published by the United on the date of enactment of this subtitle at the (d) EFFECT ON EXISTING LAW NOT ALTERED.— States Department of the Treasury existing on request of the contractor, and all contracts con- Implementation of the provisions of this subtitle the effective date of the contract. verted pursuant to paragraph (1)(B): shall not alter— (5) WATER USERS’ ASSOCIATION.—The term (A) Provide for the repayment in lump sum of (1) the repayment obligation of any water ‘‘water users’ association’’ means— the remaining construction costs identified in service or repayment contractor receiving water (A) an entity organized and recognized under water project specific municipal and industrial from the same water project, or shift any costs State laws that is eligible to enter into contracts rate repayment schedules, as adjusted to reflect that would otherwise have been properly assign- with Reclamation to receive contract water for payments not reflected in such schedules, and able to the water users’ association identified in delivery to end users of the water and to pay properly assignable for ultimate return by the subsections (a)(1), (a)(2), and (a)(3) absent this applicable charges; and contractor. An estimate of the remaining con- section, including operation and maintenance (B) includes a variety of entities with dif- struction costs, as adjusted, shall be provided by costs, construction costs, or other capitalized ferent names and differing functions, such as the Secretary to the contractor no later than 90 costs incurred after the date of the enactment of associations, conservancy districts, irrigation days after receipt of the request of contractor. this subtitle, or to other contractors; and districts, municipalities, and water project con- (B) The contract shall require that construc- (2) specific requirements for the disposition of tract units. tion costs or other capitalized costs incurred amounts received as repayments by the Sec- SEC. 4012. SAVINGS LANGUAGE. after the effective date of the contract or not re- retary under the Act of June 17, 1902 (32 Stat. (a) IN GENERAL.—This subtitle shall not be in- flected in the rate schedule referenced in sub- 388, chapter 1093), and Acts supplemental to and terpreted or implemented in a manner that— paragraph (A), and properly assignable to such amendatory of that Act (43 U.S.C. 371 et seq.); (1) preempts or modifies any obligation of the contractor, shall be repaid in not more than 5 (3) the priority of a water service or repay- United States to act in conformance with appli- years after notification of the allocation if such ment contractor to receive water; or cable State law, including applicable State amount is a result of a collective annual alloca- (4) except as expressly provided in this sec- water law; tion of capital costs to the contractors exercising tion, any obligations under the reclamation law, (2) affects or modifies any obligation under contract conversion under this subsection of less including the continuation of Restoration Fund the Central Valley Project Improvement Act than $5,000,000. If such amount is $5,000,000 or charges pursuant to section 3407(d) (Public Law (Public Law 102–575; 106 Stat. 4706), except for greater, such cost shall be repaid as provided by 102–575), of the water service and repayment the savings provisions for the Stanislaus River applicable reclamation law. contractors making prepayments pursuant to predator management program expressly estab- (C) Continue so long as the contractor pays this section. lished by section 11(d) and provisions in section applicable charges, consistent with section (e) WATER STORAGE ENHANCEMENT PRO- 11(g); 9(c)(1) of the Act of August 4, 1939 (53 Stat. GRAM.— (3) overrides, modifies, or amends the applica- 1195), and applicable law. (1) IN GENERAL.—Except as provided in sub- bility of the Endangered Species Act of 1973 (16 (4) CONDITIONS.—All contracts entered into section (d)(2), $335,000,000 out of receipts gen- U.S.C. 1531 et seq.) or the application of the pursuant to paragraphs (1), (2), and (3) shall— erated from prepayment of contracts under this smelt and salmonid biological opinions to the (A) not be adjusted on the basis of the type of section beyond amounts necessary to cover the operation of the Central Valley Project or the prepayment financing used by the water users’ amount of receipts forgone from scheduled pay- State Water Project; association; ments under current law for the 10-year period (4) would cause additional adverse effects on (B) conform to any other agreements, such as following the date of enactment of this Act shall listed fish species beyond the range of effects applicable settlement agreements and new con- be directed to the Reclamation Water Storage anticipated to occur to the listed fish species for structed appurtenant facilities; and Account under paragraph (2). the duration of the applicable biological opin- (C) not modify other water service, repayment, (2) STORAGE ACCOUNT.—The Secretary shall ion, using the best scientific and commercial exchange and transfer contractual rights be- allocate amounts collected under paragraph (1) data available; or tween the water users’ association, and the Bu- into the ‘‘Reclamation Storage Account’’ to (5) overrides, modifies, or amends any obliga- reau of Reclamation, or any rights, obligations, fund the construction of water storage. The Sec- tion of the Pacific Fisheries Management Coun- or relationships of the water users’ association retary may also enter into cooperative agree- cil, required by the Magnuson Stevens Act or and their landowners as provided under State ments with water users’ associations for the the Endangered Species Act of 1973, to manage law. construction of water storage and amounts fisheries off the coast of California, Oregon, or (b) ACCOUNTING.—The amounts paid pursuant within the Storage Account may be used to fund Washington. to subsection (a) shall be subject to adjustment such construction. Water storage projects that (b) SUCCESSOR BIOLOGICAL OPINIONS.— following a final cost allocation by the Sec- are otherwise not federally authorized shall not (1) IN GENERAL.—The Secretaries of the Inte- retary of the Interior. In the event that the final be considered Federal facilities as a result of rior and Commerce shall apply this Act to any cost allocation indicates that the costs properly any amounts allocated from the Storage Ac- successor biological opinions to the smelt or assignable to the contractor are greater than count for part or all of such facilities. salmonid biological opinions only to the extent what has been paid by the contractor, the con- (3) REPAYMENT.—Amounts used for water that the Secretaries determine is consistent tractor shall be obligated to pay the remaining storage construction from the Account shall be with—

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00078 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7479

(A) the Endangered Species Act of 1973 (16 (B) INCLUSIONS.—The term ‘‘salmonid biologi- (A) in the first sentence by striking ‘‘The Fed- U.S.C. 1531 et seq.), its implementing regula- cal opinion’’ includes the operative incidental eral Cochairperson’’ and inserting the fol- tions, and the successor biological opinions; and take statement of the opinion described in sub- lowing: (B) subsection (a)(4). paragraph (A). ‘‘(1) TERM OF FEDERAL COCHAIRPERSON.—The (2) LIMITATION.—Nothing in this Act shall re- (10) SMELT BIOLOGICAL OPINION.— Federal Cochairperson’’; strict the Secretaries of the Interior and Com- (A) IN GENERAL.—The term ‘‘smelt biological (B) in the second sentence by striking ‘‘All merce from completing consultation on successor opinion’’ means the biological opinion dated De- other members’’ and inserting the following: biological opinions and through those successor cember 15, 2008, regarding the coordinated oper- ‘‘(3) TERM OF ALL OTHER MEMBERS.—All other biological opinions implementing whatever ad- ation of the Central Valley Project and the members’’; justments in operations or other activities as State Water Project, and successor biological (C) in the third sentence by striking ‘‘Any va- may be required by the Endangered Species Act opinions. cancy’’ and inserting the following: of 1973 and its implementing regulations. (B) INCLUSIONS.—The term ‘‘smelt biological ‘‘(4) VACANCIES.—Except as provided in para- (c) SEVERABILITY.—If any provision of this opinion’’ includes the operative incidental take graph (2), any vacancy’’; and subtitle, or any application of such provision to statement of the opinion described in subpara- (D) by inserting before paragraph (3) (as des- any person or circumstance, is held to be incon- graph (A). ignated by subparagraph (B)) the following: sistent with any law or the biological opinions, (11) STATE WATER PROJECT.—The term ‘‘State ‘‘(2) INTERIM FEDERAL COCHAIRPERSON.—In the remainder of this subtitle and the applica- Water Project’’ means the water project de- the event of a vacancy for any reason in the po- tion of this subtitle to any other person or cir- scribed in chapter 5 of part 3 of division 6 of the sition of Federal Cochairperson, the Secretary cumstance shall not be affected. California Water Code (sections 11550 et seq.) may appoint an Interim Federal Cochairperson, SEC. 4013. DURATION. (as in effect on the date of enactment of this who shall have all the authority of the Federal This subtitle shall expire on the date that is 5 Act) and operated by the California Department Cochairperson, to serve until such time as the years after the date of its enactment, with the of Water Resources. vacancy in the position of Federal Cochair- person is filled in accordance with subsection exception of— TITLE IV—OTHER MATTERS (1) section 4004, which shall expire 10 years (b)(2)).’’; and SEC. 5001. CONGRESSIONAL NOTIFICATION RE- (2) by adding at the end the following: after the date of its enactment; and QUIREMENTS. (2) projects under construction in sections ‘‘(f) NO FEDERAL EMPLOYEE STATUS.—No (a) IN GENERAL.—Subchapter I of chapter 3 of 4007, 4009(a), and 4009(c). member of the Commission, other than the Fed- title 49, United States Code, is amended by add- eral Cochairperson, shall be considered to be a SEC. 4014. DEFINITIONS. ing at the end the following: Federal employee for any purpose. In this subtitle: ‘‘§ 311. Congressional notification require- ‘‘(g) CONFLICTS OF INTEREST.— (1) ASSISTANT ADMINISTRATOR.—The term ‘‘As- ‘‘(1) IN GENERAL.—Except as provided in para- sistant Administrator’’ means the Assistant Ad- ments graphs (2) and (3), no member of the Commission ministrator for Fisheries of the National Oce- ‘‘(a) IN GENERAL.—Except as provided in sub- (referred to in this subsection as a ‘member’) anic and Atmospheric Administration. section (b) or as expressly provided in another shall participate personally or substantially, (2) CENTRAL VALLEY PROJECT.—The term provision of law, the Secretary of Transpor- through recommendation, the rendering of ad- ‘‘Central Valley Project’’ has the meaning given tation shall provide to the appropriate commit- vice, investigation, or otherwise, in any pro- the term in section 3403 of the Central Valley tees of Congress notice of an announcement ceeding, application, request for a ruling or Project Improvement Act (Public Law 102–575; concerning a covered project at least 3 full busi- other determination, contract claim, con- 106 Stat. 4707). ness days before the announcement is made by troversy, or other matter in which, to the knowl- (3) COMMISSIONER.—The term ‘‘Commissioner’’ the Department. edge of the member, 1 or more of the following means the Commissioner of Reclamation. ‘‘(b) EMERGENCY PROGRAM.—With respect to has a direct financial interest: (4) DELTA.—The term ‘‘Delta’’ means the Sac- an allocation of funds under section 125 of title ‘‘(A) The member. ramento-San Joaquin Delta and the Suisun 23, the Secretary shall provide to the Committee ‘‘(B) The spouse, minor child, or partner of Marsh (as defined in section 12220 of the Cali- on Transportation and Infrastructure of the the member. fornia Water Code and section 29101 of the Cali- House of Representatives and the Committee on ‘‘(C) An organization described in subpara- fornia Public Resources Code (as in effect on the Environment and Public Works of the Senate graph (B), (C), (D), (E), or (F) of subsection date of enactment of this Act)). notice of the allocation— (b)(1) for which the member is serving as an offi- (5) DELTA SMELT.—The term ‘‘Delta smelt’’ ‘‘(1) at least 3 full business days before the cer, director, trustee, partner, or employee. means the fish species with the scientific name issuance of the allocation; or ‘‘(D) Any individual, person, or organization Hypomesus transpacificus. ‘‘(2) concurrently with the issuance of the al- with which the member is negotiating or has (6) DIRECTOR.—The term ‘‘Director’’ means location, if the allocation is made using the any arrangement concerning prospective em- the Director of the United States Fish and Wild- quick release process of the Department (or any ployment. life Service. successor process). ‘‘(2) DISCLOSURE.—Paragraph (1) shall not (7) LISTED FISH SPECIES.—The term ‘‘listed fish ‘‘(c) DEFINITIONS.—In this section, the fol- apply if the member— species’’ means— lowing definitions apply: ‘‘(A) immediately advises the designated agen- (A) any natural origin steelhead, natural ori- ‘‘(1) APPROPRIATE COMMITTEES OF CON- cy ethics official for the Commission of the na- gin genetic spring run Chinook, or genetic win- GRESS.—The term ‘appropriate committees of ture and circumstances of the matter presenting ter run Chinook salmon (including any hatch- Congress’ means— a potential conflict of interest; ery steelhead or salmon population within the ‘‘(A) the Committee on Transportation and In- ‘‘(B) makes full disclosure of the financial in- evolutionary significant unit or a distinct popu- frastructure of the House of Representatives; terest; and lation segment); and and ‘‘(C) before the proceeding concerning the (B) Delta smelt. ‘‘(B) the Committee on Environment and Pub- matter presenting the conflict of interest, re- (8) RECLAMATION STATE.—The term ‘‘Reclama- lic Works, the Committee on Commerce, Science, ceives a written determination by the designated tion State’’ means any of the States of— and Transportation, and the Committee on agency ethics official for the Commission that (A) Arizona; Banking, Housing, and Urban Affairs of the the interest is not so substantial as to be likely (B) California; Senate. to affect the integrity of the services that the (C) Colorado; ‘‘(2) COVERED PROJECT.—The term ‘covered Commission may expect from the member. The (D) Idaho; project’ means a project competitively selected written determination shall specify the rationale (E) Kansas; by the Department to receive a discretionary and any evidence or support for the decision, (F) Montana; grant award, letter of intent, loan commitment, identify steps, if any, that should be taken to (G) Nebraska; loan guarantee commitment, or line of credit mitigate any conflict of interest, and be avail- (H) Nevada; commitment in an amount equal to or greater able to the public. (I) New Mexico; than $750,000. (J) North Dakota; ‘‘(3) ANNUAL DISCLOSURES.—Once each cal- ‘‘(3) DEPARTMENT.—The term ‘Department’ endar year, each member shall make full disclo- (K) Oklahoma; means the Department of Transportation, in- (L) Oregon; sure of financial interests, in a manner to be de- cluding the modal administrations of the De- (M) South Dakota; termined by the designated agency ethics offi- partment.’’. (N) Texas; cial for the Commission. (b) CLERICAL AMENDMENT.—The analysis for (O) Utah; ‘‘(4) TRAINING.—Once each calendar year, chapter 3 of title 49, United States Code, is (P) Washington; and each member shall undergo disclosure of finan- (Q) Wyoming. amended by inserting after the item relating to cial interests training, as prescribed by the des- section 310 the following: (9) SALMONID BIOLOGICAL OPINION.— ignated agency ethics official for the Commis- (A) IN GENERAL.—The term ‘‘salmonid biologi- ‘‘311. Congressional notification requirements.’’. sion. cal opinion’’ means the biological and con- SEC. 5002. REAUTHORIZATION OF DENALI COM- ‘‘(5) CLARIFICATION.—A member of the Com- ference opinion of the National Marine Fish- MISSION. mission may continue to participate personally eries Service dated June 4, 2009, regarding the (a) ADMINISTRATION.—Section 303 of the or substantially, through decision, approval, or long-term operation of the Central Valley Denali Commission Act of 1998 (42 U.S.C. 3121 disapproval on the focus of applications to be Project and the State Water Project, and suc- note; Public Law 105–277) is amended— considered but not on individual applications cessor biological opinions. (1) in subsection (c)— where a conflict of interest exists.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00079 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7480 CONGRESSIONAL RECORD — HOUSE December 8, 2016

‘‘(6) VIOLATION.—Any person that violates (2) CLAIMANT.—The term ‘‘claimant’’ means a (2) REQUIREMENTS.—In carrying out the pro- this subsection shall be fined not more than State, Indian tribe, or local government that gram described in paragraph (1), the Adminis- $10,000, imprisoned for not more than 2 years, or submits a claim under subsection (c). trator, in conjunction with affected States, In- both.’’. (3) GOLD KING MINE RELEASE.—The term dian tribes, and local governments, shall— (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Gold King Mine release’’ means the discharge (A) collect water quality samples and sediment (1) IN GENERAL.—Section 310 of the Denali on August 5, 2015, of approximately 3,000,000 data; Commission Act of 1998 (42 U.S.C. 3121 note; gallons of contaminated water from the Gold (B) provide the public with a means of view- Public Law 105–277) (as redesignated by section King Mine north of Silverton, Colorado, into Ce- ing the water quality sample results and sedi- 1960(1) of SAFETEA–LU (Public Law 109–59; 119 ment Creek that occurred while contractors of ment data referred to in subparagraph (A) by, Stat. 1516)) is amended, in subsection (a), by the Environmental Protection Agency were con- at a minimum, posting the information on the striking ‘‘under section 4 under this Act’’ and ducting an investigation of the Gold King Mine website of the Administrator; all that follows through ‘‘2008’’ and inserting to assess mine conditions. (C) take any other reasonable measure nec- ‘‘under section 304, $15,000,000 for each of fiscal (4) NATIONAL CONTINGENCY PLAN.—The term essary to assist affected States, Indian tribes, years 2017 through 2021.’’. ‘‘National Contingency Plan’’ means the Na- and local governments with long-term water (2) CLERICAL AMENDMENT.—Section 310 of the tional Contingency Plan prepared and pub- monitoring; and Denali Commission Act of 1998 (42 U.S.C. 3121 lished under part 300 of title 40, Code of Federal (D) carry out additional program activities re- note; Public Law 105–277) (as redesignated by Regulations (or successor regulations). lated to long-term water quality monitoring that section 1960(1) of SAFETEA–LU (Public Law (5) RESPONSE.—The term ‘‘response’’ has the the Administrator determines to be necessary. 109–59; 119 Stat. 1516)) is redesignated as section meaning given the term in section 101 of the (3) AUTHORIZATION OF APPROPRIATIONS.— 312. Comprehensive Environmental Response, Com- There are authorized to be appropriated to the SEC. 5003. RECREATIONAL ACCESS FOR FLOAT- pensation, and Liability Act of 1980 (42 U.S.C. Administrator $4,000,000.00 for each of fiscal ING CABINS AT TVA RESERVOIRS. 9601). years 2017 through 2021 to carry out this sub- The Tennessee Valley Authority Act of 1933 is (b) SENSE OF CONGRESS.—It is the sense of section, including the reimbursement of affected amended by inserting after section 9a (16 U.S.C. Congress that the Administrator should receive States, Indian tribes, and local governments for 831h-1) the following: and process, as expeditiously as possible, claims the costs of long-term water quality monitoring ‘‘SEC. 9b. RECREATIONAL ACCESS. under chapter 171 of title 28, United States Code of any river contaminated by the Gold King (commonly known as the ‘‘Federal Tort Claims ‘‘(a) DEFINITION OF FLOATING CABIN.—In this Mine release. section, the term ‘floating cabin’ means a Act’’) for any injury arising out of the Gold (e) EXISTING STATE AND TRIBAL LAW.—Noth- watercraft or other floating structure— King Mine release. ing in this section affects the jurisdiction or au- (c) GOLD KING MINE RELEASE CLAIMS PURSU- ‘‘(1) primarily designed and used for human thority of any department, agency, or officer of ANT TO COMPREHENSIVE ENVIRONMENTAL RE- habitation or occupation; and any State government or any Indian tribe. ‘‘(2) not primarily designed or used for navi- SPONSE, COMPENSATION, AND LIABILITY ACT.— (f) SAVINGS CLAUSE.—Nothing in this section (1) IN GENERAL.—The Administrator shall, gation or transportation on water. affects any right of any State, Indian tribe, or consistent with the National Contingency Plan, ‘‘(b) RECREATIONAL ACCESS.—The Board may other person to bring a claim against the United receive and process under the Comprehensive allow the use of a floating cabin if— States for response costs or natural resources ‘‘(1) the floating cabin is maintained by the Environmental Response, Compensation, and damages pursuant to section 107 of the Com- owner to reasonable health, safety, and envi- Liability Act of 1980 (42 U.S.C. 9601 et seq.), and prehensive Environmental Response, Compensa- ronmental standards, as required by the Board; pay from appropriations made available to the tion, and Liability Act of 1980 (42 U.S.C. 9607). Administrator to carry out such Act, any claim ‘‘(2) the Corporation has authorized the use of SEC. 5005. GREAT LAKES RESTORATION INITIA- recreational vessels on the waters; and made by a State, Indian tribe, or local govern- TIVE. ‘‘(3) the floating cabin was located on waters ment for eligible response costs relating to the Section 118(c)(7) of the Federal Water Pollu- under the jurisdiction of the Corporation as of Gold King Mine release. tion Control Act (33 U.S.C. 1268(c)(7)) is amend- (2) ELIGIBLE RESPONSE COSTS.— the date of enactment of this section. ed— (A) IN GENERAL.—Response costs incurred be- ‘‘(c) FEES.—The Board may levy fees on the (1) by striking subparagraphs (B) and (C) and tween August 5, 2015, and September 9, 2016, are owner of a floating cabin on waters under the inserting the following: eligible for payment by the Administrator under jurisdiction of the Corporation for the purpose ‘‘(B) FOCUS AREAS.—In carrying out the Ini- this subsection, without prior approval by the of ensuring compliance with subsection (b) if the tiative, the Administrator shall prioritize pro- Administrator, if the response costs are con- fees are necessary and reasonable for such pur- grams and projects, to be carried out in coordi- sistent with the National Contingency Plan. pose. nation with non-Federal partners, that address (B) PRIOR APPROVAL REQUIRED.—Response ‘‘(d) CONTINUED RECREATIONAL USE.— costs incurred after September 9, 2016, are eligi- the priority areas described in the Initiative Ac- ‘‘(1) IN GENERAL.—With respect to a floating ble for payment by the Administrator under this tion Plan, including— cabin located on waters under the jurisdiction subsection if— ‘‘(i) the remediation of toxic substances and of the Corporation on the date of enactment of (i) the Administrator approves the response areas of concern; this section, the Board— costs under section 111(a)(2) of the Comprehen- ‘‘(ii) the prevention and control of invasive ‘‘(A) may not require the removal of the float- sive Environmental Response, Compensation, species and the impacts of invasive species; ing cabin— and Liability Act of 1980 (42 U.S.C. 9611(a)(2)); ‘‘(iii) the protection and restoration of near- ‘‘(i) in the case of a floating cabin that was and shore health and the prevention and mitigation granted a permit by the Corporation before the (ii) the response costs are consistent with the of nonpoint source pollution; date of enactment of this section, for a period of National Contingency Plan. ‘‘(iv) habitat and wildlife protection and res- 15 years beginning on such date of enactment; (3) TIMING.— toration, including wetlands restoration and and (A) IN GENERAL.—Not later than 90 days after preservation; and ‘‘(ii) in the case of a floating cabin not grant- the date of enactment of this Act, the Adminis- ‘‘(v) accountability, monitoring, evaluation, ed a permit by the Corporation before the date trator shall make a decision on, and pay, any communication, and partnership activities. of enactment of this section, for a period of 5 eligible response costs submitted to the Adminis- ‘‘(C) PROJECTS.— years beginning on such date of enactment; and trator before such date of enactment. ‘‘(i) IN GENERAL.—In carrying out the Initia- ‘‘(B) shall approve and allow the use of the (B) SUBSEQUENTLY FILED CLAIMS.—Not later tive, the Administrator shall collaborate with floating cabin on waters under the jurisdiction than 90 days after the date on which a claim is other Federal partners, including the Great of the Corporation at such time and for such submitted to the Administrator, the Adminis- Lakes Interagency Task Force established by duration as— trator shall make a decision on, and pay, any Executive Order No. 13340 (69 Fed. Reg. 29043), ‘‘(i) the floating cabin meets the requirements eligible response costs. to select the best combination of programs and of subsection (b); and (C) DEADLINE.—All claims under this sub- projects for Great Lakes protection and restora- ‘‘(ii) the owner of the floating cabin has paid section shall be submitted to the Administrator tion using appropriate principles and criteria, any fee assessed pursuant to subsection (c). not later than 180 days after the date of enact- including whether a program or project pro- ‘‘(2) SAVINGS PROVISIONS.— ment of this Act. vides— ‘‘(A) Nothing in this subsection restricts the (D) NOTIFICATION.—Not later than 30 days ‘‘(I) the ability to achieve strategic and meas- ability of the Corporation to enforce reasonable after the date on which the Administrator urable environmental outcomes that implement health, safety, or environmental standards. makes a decision under subparagraph (A) or the Initiative Action Plan and the Great Lakes ‘‘(B) This section applies only to floating cab- (B), the Administrator shall notify the claimant Water Quality Agreement; ins located on waters under the jurisdiction of of the decision. ‘‘(II) the feasibility of— the Corporation. (d) WATER QUALITY PROGRAM.— ‘‘(aa) prompt implementation; ‘‘(e) NEW CONSTRUCTION.—The Corporation (1) IN GENERAL.—In response to the Gold King ‘‘(bb) timely achievement of results; and may establish regulations to prevent the con- Mine release, the Administrator, in conjunction ‘‘(cc) resource leveraging; and struction of new floating cabins.’’. with affected States, Indian tribes, and local ‘‘(III) the opportunity to improve interagency, SEC. 5004. GOLD KING MINE SPILL RECOVERY. governments, shall, subject to the availability of intergovernmental, and interorganizational co- (a) DEFINITIONS.—In this section: appropriations, develop and implement a pro- ordination and collaboration to reduce duplica- (1) ADMINISTRATOR.—The term ‘‘Adminis- gram for long-term water quality monitoring of tion and streamline efforts. trator’’ means the Administrator of the Environ- rivers contaminated by the Gold King Mine re- ‘‘(ii) OUTREACH.—In selecting the best com- mental Protection Agency. lease. bination of programs and projects for Great

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00080 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7481 Lakes protection and restoration under clause shall review, and revise as appropriate, the Ini- (4) by inserting after paragraph (11) (as redes- (i), the Administrator shall consult with the tiative Action Plan to guide the activities of the ignated by paragraph (1) of this subsection) the Great Lakes States and Indian tribes and solicit Initiative in addressing the restoration and pro- following: input from other non-Federal stakeholders. tection of the Great Lakes system. ‘‘(12) REHABILITATION.—The term ‘rehabilita- ‘‘(iii) HARMFUL ALGAL BLOOM COORDINATOR.— ‘‘(ii) OUTREACH.—In reviewing and revising tion’ means the repair, replacement, reconstruc- The Administrator shall designate a point per- the Initiative Action Plan under clause (i), the tion, or removal of a dam that is carried out to son from an appropriate Federal partner to co- Administrator shall consult with the Great meet applicable State dam safety and security ordinate, with Federal partners and Great Lakes States and Indian tribes and solicit input standards.’’. Lakes States, Indian tribes, and other non-Fed- from other non-Federal stakeholders. (b) PROGRAM FOR REHABILITATION OF HIGH eral stakeholders, projects and activities under ‘‘(H) MONITORING AND REPORTING.—The Ad- HAZARD POTENTIAL DAMS.—The National Dam the Initiative involving harmful algal blooms in ministrator shall— Safety Program Act is amended by inserting the Great Lakes.’’; ‘‘(i) establish and maintain a process for mon- after section 8 (33 U.S.C. 467f) the following: (2) in subparagraph (D)— itoring and periodically reporting to the public ‘‘SEC. 8A. REHABILITATION OF HIGH HAZARD PO- (A) by striking clause (i) and inserting the fol- on the progress made in implementing the Ini- TENTIAL DAMS. lowing: tiative Action Plan; ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Ad- ‘‘(i) IN GENERAL.—Subject to subparagraph ‘‘(ii) make information about each project car- ministrator shall establish, within FEMA, a pro- (J)(ii), funds made available to carry out the ried out under the Initiative Action Plan avail- gram to provide technical, planning, design, Initiative shall be used to strategically imple- able on a public website; and and construction assistance in the form of ment— ‘‘(iii) provide to the Committee on Transpor- grants to non-Federal sponsors for rehabilita- ‘‘(I) Federal projects; tation and Infrastructure of the House of Rep- tion of eligible high hazard potential dams. ‘‘(II) projects carried out in coordination with resentatives and the Committee on Environment ‘‘(b) ELIGIBLE ACTIVITIES.—A grant awarded States, Indian tribes, municipalities, institutions and Public Works of the Senate a yearly de- under this section for a project may be used of higher education, and other organizations; tailed description of the progress of the Initia- for— and tive and amounts transferred to participating ‘‘(1) repair; ‘‘(III) operations and activities of the Program Federal departments and agencies under sub- ‘‘(2) removal; or Office, including remediation of sediment con- paragraph (D)(ii). ‘‘(3) any other structural or nonstructural tamination in areas of concern.’’; ‘‘(I) INITIATIVE ACTION PLAN DEFINED.—In this measures to rehabilitate an eligible high hazard (B) in clause (ii)(I), by striking ‘‘(G)(i)’’ and paragraph, the term ‘Initiative Action Plan’ potential dam. inserting ‘‘(J)(i)’’; and means the comprehensive, multiyear action plan ‘‘(c) AWARD OF GRANTS.— (C) by inserting after clause (ii) the following: for the restoration of the Great Lakes, first de- ‘‘(1) APPLICATION.— ‘‘(iii) AGREEMENTS WITH NON-FEDERAL ENTI- veloped pursuant to the Joint Explanatory ‘‘(A) IN GENERAL.—A non-Federal sponsor in- TIES.— Statement of the Conference Report accom- terested in receiving a grant under this section ‘‘(I) IN GENERAL.—The Administrator, or the panying the Department of the Interior, Envi- may submit to the Administrator an application head of any other Federal department or agency ronment, and Related Agencies Appropriations for the grant. ‘‘(B) REQUIREMENTS.—An application sub- receiving funds under clause (ii)(I), may make a Act, 2010 (Public Law 111–88). mitted to the Administrator under this section grant to, or otherwise enter into an agreement ‘‘(J) FUNDING.— shall be submitted at such time, be in such form, with, a qualified non-Federal entity, as deter- ‘‘(i) IN GENERAL.—There is authorized to be mined by the Administrator or the applicable appropriated to carry out this paragraph and contain such information as the Adminis- head of the other Federal department or agency $300,000,000 for each of fiscal years 2017 through trator may prescribe by regulation. ‘‘(2) GRANT.— receiving funds, for planning, research, moni- 2021. ‘‘(A) IN GENERAL.—The Administrator may toring, outreach, or implementation of a project ‘‘(ii) LIMITATION.—Nothing in this paragraph make a grant in accordance with this section for selected under subparagraph (C), to support the creates, expands, or amends the authority of the rehabilitation of an eligible high hazard poten- Initiative Action Plan or the Great Lakes Water Administrator to implement programs or projects tial dam to a non-Federal sponsor that submits Quality Agreement. under— an application for the grant in accordance with ‘‘(II) QUALIFIED NON-FEDERAL ENTITY.—For ‘‘(I) this section; purposes of this clause, a qualified non-Federal ‘‘(II) the Initiative Action Plan; or the regulations prescribed by the Administrator. ‘‘(B) PROJECT GRANT AGREEMENT.—The Ad- entity may include a governmental entity, non- ‘‘(III) the Great Lakes Water Quality Agree- ministrator shall enter into a project grant profit organization, institution, or individual.’’; ment.’’. agreement with the non-Federal sponsor to es- and SEC. 5006. REHABILITATION OF HIGH HAZARD PO- tablish the terms of the grant and the project, (3) by striking subparagraphs (E) through (G) TENTIAL DAMS. including the amount of the grant. and inserting the following: (a) DEFINITIONS.—Section 2 of the National ‘‘(C) GRANT ASSURANCE.—As part of a project ‘‘(E) SCOPE.— Dam Safety Program Act (33 U.S.C. 467) is grant agreement under subparagraph (B), the ‘‘(i) IN GENERAL.—Projects may be carried out amended— Administrator shall require the non-Federal under the Initiative on multiple levels, includ- (1) by redesignating paragraphs (4), (5), (6), sponsor to provide an assurance, with respect to ing— (7), (8), (9), (10), (11), (12), and (13) as para- the dam to be rehabilitated under the project, ‘‘(I) locally; graphs (5), (6), (7), (8), (9), (11), (13), (14), (15), ‘‘(II) Great Lakes-wide; or that the owner of the dam has developed and and (16), respectively; will carry out a plan for maintenance of the ‘‘(III) Great Lakes basin-wide. (2) by inserting after paragraph (3) the fol- dam during the expected life of the dam. ‘‘(ii) LIMITATION.—No funds made available to lowing: ‘‘(D) LIMITATION.—A grant provided under carry out the Initiative may be used for any ‘‘(4) ELIGIBLE HIGH HAZARD POTENTIAL DAM.— this section shall not exceed the lesser of— water infrastructure activity (other than a ‘‘(A) IN GENERAL.—The term ‘eligible high ‘‘(i) 12.5 percent of the total amount of funds green infrastructure project that improves habi- hazard potential dam’ means a non-Federal made available to carry out this section; or tat and other ecosystem functions in the Great dam that— ‘‘(ii) $7,500,000. Lakes) for which financial assistance is re- ‘‘(i) is located in a State with a State dam ‘‘(d) REQUIREMENTS.— ceived— safety program; ‘‘(1) APPROVAL.—A grant awarded under this ‘‘(I) from a State water pollution control re- ‘‘(ii) is classified as ‘high hazard potential’ by section for a project shall be approved by the volving fund established under title VI; the State dam safety agency in the State in relevant State dam safety agency. ‘‘(II) from a State drinking water revolving which the dam is located; ‘‘(2) NON-FEDERAL SPONSOR REQUIREMENTS.— loan fund established under section 1452 of the ‘‘(iii) has an emergency action plan approved To receive a grant under this section, the non- Safe Drinking Water Act (42 U.S.C. 300j–12); or by the relevant State dam safety agency; and Federal sponsor shall— ‘‘(III) pursuant to the Water Infrastructure ‘‘(iv) the State in which the dam is located de- ‘‘(A) participate in, and comply with, all ap- Finance and Innovation Act of 2014 (33 U.S.C. termines— plicable Federal flood insurance programs; 3901 et seq.). ‘‘(I) fails to meet minimum dam safety stand- ‘‘(B) have in place a hazard mitigation plan ‘‘(F) ACTIVITIES BY OTHER FEDERAL AGEN- ards of the State; and that— CIES.—Each relevant Federal department or ‘‘(II) poses an unacceptable risk to the public. ‘‘(i) includes all dam risks; and agency shall, to the maximum extent prac- ‘‘(B) EXCLUSION.—The term ‘eligible high haz- ‘‘(ii) complies with the Disaster Mitigation Act ticable— ard potential dam’ does not include— of 2000 (Public Law 106–390; 114 Stat. 1552); ‘‘(i) maintain the base level of funding for the ‘‘(i) a licensed hydroelectric dam; or ‘‘(C) commit to provide operation and mainte- Great Lakes activities of that department or ‘‘(ii) a dam built under the authority of the nance of the project for the 50-year period fol- agency without regard to funding under the Ini- Secretary of Agriculture.’’; lowing completion of rehabilitation; tiative; and (3) by inserting after paragraph (9) (as redes- ‘‘(D) comply with such minimum eligibility re- ‘‘(ii) identify new activities and projects to ignated by paragraph (1) of this subsection) the quirements as the Administrator may establish support the environmental goals of the Initia- following: to ensure that each owner and operator of a tive. ‘‘(10) NON-FEDERAL SPONSOR.—The term ‘non- dam under a participating State dam safety pro- ‘‘(G) REVISION OF INITIATIVE ACTION PLAN.— Federal sponsor’, in the case of a project receiv- gram and that receives assistance under this ‘‘(i) IN GENERAL.—Not less often than once ing assistance under section 8A, includes— section— every 5 years, the Administrator, in conjunction ‘‘(A) a governmental organization; and ‘‘(i) acts in accordance with the State dam with the Great Lakes Interagency Task Force, ‘‘(B) a nonprofit organization.’’; and safety program; and

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00081 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7482 CONGRESSIONAL RECORD — HOUSE December 8, 2016

‘‘(ii) carries out activities relating to the pub- ‘‘(1) IN GENERAL.—Subject to paragraph (2), as (ii) in paragraph (3) by striking ‘‘paragraph lic in the area around the dam in accordance a condition on the receipt of a grant under this (7) or (9)’’ and inserting ‘‘paragraph (8) or with the hazard mitigation plan described in section of an amount greater than $1,000,000, a (10)’’. subparagraph (B); and non-Federal sponsor that receives the grant (B) Section 5024(b) of the Water Infrastructure ‘‘(E) comply with section 611(j)(9) of the Rob- shall require that each contract and subcontract Finance and Innovation Act of 2014 (33 U.S.C. ert T. Stafford Disaster Relief and Emergency for program management, construction manage- 3903(b)) is amended by striking ‘‘paragraph (8) Assistance Act (42 U.S.C. 5196(j)(9)) (as in effect ment, planning studies, feasibility studies, ar- or (9)’’ and inserting ‘‘paragraph (9) or (10)’’. on the date of enactment of this section) with chitectural services, preliminary engineering, (C) Section 5027(3) of the Water Infrastructure respect to projects receiving assistance under design, engineering, surveying, mapping, and Finance and Innovation Act of 2014 (33 U.S.C. this section in the same manner as recipients are related services entered into using funds from 3906(3)) is amended by striking ‘‘section 5026(7)’’ required to comply in order to receive financial the grant be awarded in the same manner as a and inserting ‘‘section 5026(8)’’. contributions from the Administrator for emer- contract for architectural and engineering serv- (D) Section 5028 of the Water Infrastructure gency preparedness purposes. ices is awarded under— Finance and Innovation Act of 2014 (33 U.S.C. ‘‘(e) FLOODPLAIN MANAGEMENT PLANS.— ‘‘(A) chapter 11 of title 40, United States Code; 3907) is amended— ‘‘(1) IN GENERAL.—As a condition of receipt of or (i) in subsection (a)(1)(E)— assistance under this section, the non-Federal ‘‘(B) an equivalent qualifications-based re- (I) by striking ‘‘section 5026(9)’’ and inserting sponsor shall demonstrate that a floodplain quirement prescribed by the relevant State. ‘‘section 5026(10)’’; and management plan to reduce the impacts of fu- ‘‘(2) NO PROPRIETARY INTEREST.—A contract (II) by striking ‘‘section 5026(8)’’ and inserting ture flood events in the area protected by the awarded in accordance with paragraph (1) shall ‘‘section 5026(9)’’; and project— not be considered to confer a proprietary inter- (ii) in subsection (b)(3) by striking ‘‘section ‘‘(A) is in place; or est upon the United States. 5026(8)’’ and inserting ‘‘section 5026(9)’’. ‘‘(B) will be— ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.— (c) TERMS AND CONDITIONS.—Section 5029(b) ‘‘(i) developed not later than 1 year after the There are authorized to be appropriated to carry of the Water Infrastructure Finance and Inno- date of execution of a project agreement for as- out this section— vation Act of 2014 (33 U.S.C. 3908(b)) is amend- sistance under this section; and ‘‘(1) $10,000,000 for fiscal years 2017 and 2018; ed— ‘‘(ii) implemented not later than 1 year after ‘‘(2) $25,000,000 for fiscal year 2019; (1) in paragraph (7)— the date of completion of construction of the ‘‘(3) $40,000,000 for fiscal year 2020; and (A) by striking ‘‘The Secretary’’ and inserting project. ‘‘(4) $60,000,000 for each of fiscal years 2021 the following: ‘‘(2) INCLUSIONS.—A plan under paragraph (1) through 2026.’’. ‘‘(A) IN GENERAL.—Except as provided in sub- shall address— (c) RULEMAKING.— paragraph (B), the Secretary’’; and ‘‘(A) potential measures, practices, and poli- (1) PROPOSED RULEMAKING.—Not later than 90 (B) by adding at the end the following: cies to reduce loss of life, injuries, damage to days after the date of enactment of this Act, the ‘‘(B) FINANCING FEES.—On request of an eligi- property and facilities, public expenditures, and Administrator of the Federal Emergency Man- ble entity, the Secretary or the Administrator, as other adverse impacts of flooding in the area agement Agency shall issue a notice of proposed applicable, shall allow the fees under subpara- protected by the project; rulemaking regarding applications for grants of graph (A) to be financed as part of the loan.’’; ‘‘(B) plans for flood fighting and evacuation; assistance under the amendments made by sub- and and section (b) to the National Dam Safety Program (2) by adding at the end the following: ‘‘(C) public education and awareness of flood Act (33 U.S.C. 467 et seq.). ‘‘(10) CREDIT.—Any eligible project costs in- risks. (2) FINAL RULE.—Not later than 180 days after curred and the value of any integral in-kind ‘‘(3) TECHNICAL SUPPORT.—The Administrator the date of enactment of this Act, the Adminis- contributions made before receipt of assistance may provide technical support for the develop- trator of the Federal Emergency Management under this subtitle shall be credited toward the ment and implementation of floodplain manage- Agency shall promulgate a final rule regarding 51 percent of project costs to be provided by ment plans prepared under this subsection. the amendments described in paragraph (1). sources of funding other than a secured loan ‘‘(f) PRIORITY SYSTEM.—The Administrator, in SEC. 5007. CHESAPEAKE BAY GRASS SURVEY. under this subtitle (as described in paragraph consultation with the Board, shall develop a Section 117(i) of the Federal Water Pollution (2)(A)).’’. risk-based priority system for use in identifying Control Act (33 U.S.C. 1267(i)) is amended by (d) SENSE OF CONGRESS.—It is the sense of eligible high hazard potential dams for which adding at the end the following: Congress that— grants may be made under this section. ‘‘(3) ANNUAL SURVEY.—The Administrator (1) appropriations made available to carry out ‘‘(g) FUNDING.— shall carry out an annual survey of sea grasses the Water Infrastructure Finance and Innova- ‘‘(1) COST SHARING.— in the Chesapeake Bay.’’. tion Act of 2014 (33 U.S.C. 3901 et seq.) should ‘‘(A) IN GENERAL.—Any assistance provided be in addition to robust funding for the State under this section for a project shall be subject SEC. 5008. WATER INFRASTRUCTURE FINANCE water pollution control revolving funds estab- to a non-Federal cost-sharing requirement of AND INNOVATION. lished under title VI of the Federal Water Pollu- not less than 35 percent. (a) AUTHORITY TO PROVIDE ASSISTANCE.—Sec- tion Control Act (33 U.S.C. 1381 et seq.) and ‘‘(B) IN-KIND CONTRIBUTIONS.—The non-Fed- tion 5023(b)(2) of the Water Infrastructure Fi- eral share under subparagraph (A) may be pro- nance and Innovation Act of 2014 (33 U.S.C. State drinking water treatment revolving loan vided in the form of in-kind contributions. 3902(b)(2)) is amended by striking ‘‘carry out’’ funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12); and ‘‘(2) ALLOCATION OF FUNDS.—The total and inserting ‘‘provide financial assistance to amount of funds made available to carry out carry out’’. (2) the appropriations made available for the this section for each fiscal year shall be distrib- (b) PROJECTS ELIGIBLE FOR ASSISTANCE.— funds referred to in paragraph (1) should not uted as follows: (1) IN GENERAL.—Section 5026 of the Water In- decrease for any fiscal year. ‘‘(A) EQUAL DISTRIBUTION.—1⁄3 shall be dis- frastructure Finance and Innovation Act of 2014 SEC. 5009. REPORT ON GROUNDWATER CONTAMI- tributed equally among the States in which the (33 U.S.C. 3905) is amended— NATION. projects for which applications are submitted (A) in paragraph (6)— (a) IN GENERAL.—Not later than 180 days under subsection (c)(1) are located. (i) by striking ‘‘desalination project’’ and in- after the date of enactment of this Act, and an- ‘‘(B) NEED-BASED.—2⁄3 shall be distributed serting ‘‘desalination project, including chloride nually thereafter for the next 4 years, the Sec- among the States in which the projects for control’’; and retary of the Navy shall submit a report to Con- which applications are submitted under sub- (ii) by striking ‘‘or a water recycling project’’ gress on the groundwater contamination from section (c)(1) are located based on the propor- and inserting ‘‘a water recycling project, or a the site that includes— tion that— project to provide alternative water supplies to (1) a description of the status of the ground- ‘‘(i) the number of eligible high hazard poten- reduce aquifer depletion’’; water contaminants that are leaving the site tial dams in the State; bears to (B) by redesignating paragraphs (7), (8), and and migrating to a location within a 10-mile ra- ‘‘(ii) the number of eligible high hazard poten- (9) as paragraphs (8), (9), and (10), respectively; dius of the site, including— tial dams in all such States. (C) by inserting after paragraph (6) the fol- (A) detailed mapping of the movement of the ‘‘(h) USE OF FUNDS.—None of the funds pro- lowing: plume over time; and vided in the form of a grant or otherwise made ‘‘(7) A project to prevent, reduce, or mitigate (B) projected migration rates of the plume; available under this section shall be used— the effects of drought, including projects that (2) an analysis of the current and future im- ‘‘(1) to rehabilitate a Federal dam; enhance the resilience of drought-stricken wa- pact of the movement of the plume on drinking ‘‘(2) to perform routine operation or mainte- tersheds.’’; and water facilities; and nance of a dam; (D) in paragraph (10) (as redesignated by sub- (3) a comprehensive strategy to prevent the ‘‘(3) to modify a dam to produce hydroelectric paragraph (B)), by striking ‘‘or (7)’’ and insert- groundwater contaminants from the site from power; ing ‘‘(7), or (8)’’. contaminating drinking water wells that, as of ‘‘(4) to increase water supply storage capac- (2) CONFORMING AMENDMENTS.— the date of the submission of the report, have ity; or (A) Section 5023(b) of the Water Infrastructure not been affected by the migration of the plume. ‘‘(5) to make any other modification to a dam Finance and Innovation Act of 2014 (33 U.S.C. (b) DEFINITIONS.—In this section, the fol- that does not also improve the safety of the 3902(b)) is amended— lowing definitions apply: dam. (i) in paragraph (2) by striking ‘‘and (8)’’ and (1) COMPREHENSIVE STRATEGY.—The term ‘‘(i) CONTRACTUAL REQUIREMENTS.— inserting ‘‘(7), and (9)’’; and ‘‘comprehensive strategy’’ means a plan for—

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00082 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7483 (A) the remediation of the plume under the ‘‘(C) provide grants in accordance with sub- pollution control agencies and entities, local Comprehensive Environmental Response, Com- section (d) for projects that assist in— government entities, nongovernmental entities, pensation, and Liability Act of 1980 (42 U.S.C. ‘‘(i) eliminating or reducing pollution; or soil and water conservation districts to de- 9601 et seq.); or ‘‘(ii) cleaning up contaminated sites; velop or implement projects authorized under (B) corrective action under the Solid Waste ‘‘(iii) improving water quality; this section for the purpose of environmental Disposal Act (42 U.S.C. 6901 et seq.). ‘‘(iv) monitoring to evaluate trends; protection and restoration activities throughout (2) GROUNDWATER.—The term ‘‘groundwater’’ ‘‘(v) reducing runoff; the Columbia River Basin. means water in a saturated zone or stratum be- ‘‘(vi) protecting habitat; or ‘‘(2) FEDERAL SHARE.— neath the surface of land or water. ‘‘(vii) promoting citizen engagement or knowl- ‘‘(A) IN GENERAL.—Except as provided in sub- (3) PLUME.—The term ‘‘plume’’ means any edge. paragraph (B), the Federal share of the cost of hazardous waste (as defined in section 1004 of ‘‘(c) STAKEHOLDER WORKING GROUP.— any project or activity carried out using funds the Solid Waste Disposal Act (42 U.S.C. 6903)) or ‘‘(1) ESTABLISHMENT.—The Administrator from a grant provided to any person (including hazardous substance (as defined in section 101 shall establish a Columbia River Basin Restora- a State, tribal, or local government or interstate of the Comprehensive Environmental Response, tion Working Group (referred to in this sub- or regional agency) under this subsection for a Compensation, and Liability Act of 1980 (42 section as the ‘Working Group’). fiscal year— ‘‘(i) shall not exceed 75 percent of the total U.S.C. 9601)) found in the groundwater supply. ‘‘(2) MEMBERSHIP.— cost of the project or activity; and (4) SITE.—The term ‘‘site’’ means the site lo- ‘‘(A) IN GENERAL.—Membership in the Work- ing Group shall be on a voluntary basis and any ‘‘(ii) shall be made on condition that the non- cated at 830 South Oyster Bay Road, Bethpage, Federal share of such total cost shall be pro- New York, 11714 (Environmental Protection person invited by the Administrator under this subsection may decline membership. vided from non-Federal sources. Agency identification number NYD002047967). ‘‘(B) EXCEPTIONS.—With respect to cost-shar- ‘‘(B) INVITED REPRESENTATIVES.—The Admin- SEC. 5010. COLUMBIA RIVER BASIN RESTORA- istrator shall invite, at a minimum, representa- ing for a grant provided under this subsection— TION. ‘‘(i) a tribal government may use Federal tives of— Title I of the Federal Water Pollution Control funds for the non-Federal share; and ‘‘(i) each State located in whole or in part in Act (33 U.S.C. 1251 et seq.) is amended by add- ‘‘(ii) the Administrator may increase the Fed- the Columbia River Basin; ing at the end the following: eral share under such circumstances as the Ad- ‘‘(ii) the Governors of each State located in ministrator determines to be appropriate. ‘‘SEC. 123. COLUMBIA RIVER BASIN RESTORA- whole or in part in the Columbia River Basin; TION. ‘‘(3) ALLOCATION.—In making grants using ‘‘(iii) each federally recognized Indian tribe in funds appropriated to carry out this section, the ‘‘(a) DEFINITIONS.—In this section, the fol- the Columbia River Basin; lowing definitions apply: Administrator shall— ‘‘(iv) local governments in the Columbia River ‘‘(A) provide not less than 25 percent of the ‘‘(1) COLUMBIA RIVER BASIN.—The term ‘Co- Basin; funds to make grants for projects, programs, lumbia River Basin’ means the entire United ‘‘(v) industries operating in the Columbia States portion of the Columbia River watershed. and studies in the Lower Columbia River Estu- River Basin that affect or could affect water ary; ‘‘(2) ESTUARY PARTNERSHIP.—The term ‘Estu- quality; ‘‘(B) provide not less than 25 percent of the ary Partnership’ means the Lower Columbia Es- ‘‘(vi) electric, water, and wastewater utilities funds to make grants for projects, programs, tuary Partnership, an entity created by the operating in the Columba River Basin; and studies in the Middle and Upper Columbia States of Oregon and Washington and the Envi- ‘‘(vii) private landowners in the Columbia River Basin, including the Snake River Basin; ronmental Protection Agency under section 320. River Basin; and ‘‘(3) ESTUARY PLAN.— ‘‘(viii) soil and water conservation districts in ‘‘(C) retain not more than 5 percent of the ‘‘(A) IN GENERAL.—The term ‘Estuary Plan’ the Columbia River Basin; funds for the Environmental Protection Agency means the Estuary Partnership Comprehensive ‘‘(ix) nongovernmental organizations that for purposes of implementing this section. Conservation and Management Plan adopted by have a presence in the Columbia River Basin; ‘‘(4) REPORTING.— the Environmental Protection Agency and the ‘‘(x) the general public in the Columbia River ‘‘(A) IN GENERAL.—Each grant recipient under Governors of Oregon and Washington on Octo- Basin; and this subsection shall submit to the Administrator ber 20, 1999, under section 320. ‘‘(xi) the Estuary Partnership. reports on progress being made in achieving the ‘‘(B) INCLUSION.—The term ‘Estuary Plan’ in- ‘‘(3) GEOGRAPHIC REPRESENTATION.—The purposes of this section. cludes any amendments to the plan. Working Group shall include representatives ‘‘(B) REQUIREMENTS.—The Administrator ‘‘(4) LOWER COLUMBIA RIVER ESTUARY.—The from— shall establish requirements and timelines for re- term ‘Lower Columbia River Estuary’ means the ‘‘(A) each State located in whole or in part in cipients of grants under this subsection to report mainstem Columbia River from the Bonneville the Columbia River Basin; and on progress made in achieving the purposes of Dam to the Pacific Ocean and tidally influenced ‘‘(B) each of the lower, middle, and upper ba- this section. portions of tributaries to the Columbia River in sins of the Columbia River. ‘‘(5) RELATIONSHIP TO OTHER FUNDING.— that region. ‘‘(4) DUTIES AND RESPONSIBILITIES.—The ‘‘(A) IN GENERAL.—Nothing in this subsection ‘‘(5) MIDDLE AND UPPER COLUMBIA RIVER Working Group shall— limits the eligibility of the Estuary Partnership BASIN.—The term ‘Middle and Upper Columbia ‘‘(A) recommend and prioritize projects and to receive funding under section 320(g). River Basin’ means the region consisting of the actions; and ‘‘(B) LIMITATION.—None of the funds made United States portion of the Columbia River ‘‘(B) review the progress and effectiveness of available under this subsection may be used for Basin above Bonneville Dam. projects and actions implemented. the administration of a management conference under section 320. ‘‘(6) PROGRAM.—The term ‘Program’ means ‘‘(5) LOWER COLUMBIA RIVER ESTUARY.— ‘‘(e) ANNUAL BUDGET PLAN.—The President, the Columbia River Basin Restoration Program ‘‘(A) ESTUARY PARTNERSHIP.—The Estuary as part of the annual budget submission of the established under subsection (b)(1)(A). Partnership shall perform the duties and fulfill President to Congress under section 1105(a) of ‘‘(b) COLUMBIA RIVER BASIN RESTORATION the responsibilities of the Working Group de- title 31, United States Code, shall submit infor- PROGRAM.— scribed in paragraph (4) as those duties and re- mation regarding each Federal agency involved ‘‘(1) ESTABLISHMENT.— sponsibilities relate to the Lower Columbia River in protection and restoration of the Columbia ‘‘(A) IN GENERAL.—The Administrator shall Estuary for such time as the Estuary Partner- River Basin, including an interagency crosscut establish within the Environmental Protection ship is the management conference for the Agency a Columbia River Basin Restoration budget that displays for each Federal agency— Lower Columbia River National Estuary Pro- ‘‘(1) the amounts obligated for the preceding Program. gram under section 320. fiscal year for protection and restoration ‘‘(B) EFFECT.— ‘‘(B) DESIGNATION.—If the Estuary Partner- projects, programs, and studies relating to the ‘‘(i) The establishment of the Program does ship ceases to be the management conference for Columbia River Basin; not modify any legal or regulatory authority or the Lower Columbia River National Estuary ‘‘(2) the estimated budget for the current fiscal program in effect as of the date of enactment of Program under section 320, the Administrator year for protection and restoration projects, pro- this section, including the roles of Federal agen- may designate the new management conference grams, and studies relating to the Columbia cies in the Columbia River Basin. to assume the duties and responsibilities of the River Basin; and ‘‘(ii) This section does not create any new reg- Working Group described in paragraph (4) as ‘‘(3) the proposed budget for protection and ulatory authority. those duties and responsibilities relate to the restoration projects, programs, and studies re- ‘‘(2) SCOPE OF PROGRAM.—The Program shall Lower Columbia River Estuary. lating to the Columbia River Basin.’’. consist of a collaborative stakeholder-based pro- ‘‘(C) INCORPORATION.—If the Estuary Part- SEC. 5011. REGULATION OF ABOVEGROUND STOR- gram for environmental protection and restora- nership is removed from the National Estuary AGE AT FARMS. tion activities throughout the Columbia River Program, the duties and responsibilities for the Section 1049(c) of the Water Resources Reform Basin. lower 146 miles of the Columbia River pursuant and Development Act of 2014 (33 U.S.C. 1361 ‘‘(3) DUTIES.—The Administrator shall— to this section shall be incorporated into the du- note; Public Law 113–121) is amended— ‘‘(A) assess trends in water quality, including ties of the Working Group. (1) by redesignating paragraphs (1) and (2) as trends that affect uses of the water of the Co- ‘‘(d) GRANTS.— subparagraphs (A) and (B), respectively, and lumbia River Basin; ‘‘(1) IN GENERAL.—The Administrator shall es- indenting appropriately; ‘‘(B) collect, characterize, and assess data on tablish a voluntary, competitive Columbia River (2) by striking the subsection designation and water quality to identify possible causes of envi- Basin program to provide grants to State gov- heading and all that follows through ‘‘sub- ronmental problems; and ernments, tribal governments, regional water section (b),’’ and inserting the following:

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00083 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7484 CONGRESSIONAL RECORD — HOUSE December 8, 2016 ‘‘(c) REGULATION OF ABOVEGROUND STORAGE ‘‘(5) establish performance criteria for envi- Today we have an opportunity to de- AT FARMS.— ronmental banks; and liver one more win for America. The ‘‘(1) CALCULATION OF AGGREGATE ABOVE- ‘‘(6) establish criteria and financial assurance WIIN Act includes the Water Resources GROUND STORAGE CAPACITY.—For purposes of for the operation and monitoring of environ- Development Act as title I. subsection (b),’’; and mental banks. Ranking Member DEFAZIO and I (3) by adding at the end the following: ‘‘(c) ENVIRONMENTAL BANK.— ‘‘(2) CERTAIN FARM CONTAINERS.—Part 112 of ‘‘(1) DEFINITION OF ENVIRONMENTAL BANK.—In worked very closely throughout the title 40, Code of Federal Regulations (or suc- this section, the term ‘environmental bank’ process to ensure his and other Demo- cessor regulations), shall not apply to the fol- means a project, project increment, or projects cratic priorities were preserved in this lowing containers located at a farm: for purposes of restoring, creating, or enhancing final bill. So I want to thank Ranking ‘‘(A) Containers on a separate parcel that natural resources at a designated site to estab- Member DEFAZIO for his work with me have— lish mitigation credits. on the WRDA title. ‘‘(i) an individual capacity of not greater ‘‘(2) CREDITS.—Mitigation credits created from than 1,000 gallons; and However, this bill is bigger than just environmental banks approved pursuant to this WRDA, and I also want to thank the ‘‘(ii) an aggregate capacity of not greater section may be used to satisfy existing liability than 2,500 gallons. under Federal environmental laws. Energy and Commerce Committee ‘‘(B) A container holding animal feed ingredi- ‘‘(d) SAVINGS CLAUSE.— Chairman UPTON, the Natural Re- ents approved for use in livestock feed by the ‘‘(1) APPLICATION OF FEDERAL LAW.—Guide- sources Committee Chairman BISHOP, Food and Drug Administration.’’. lines developed under this section and mitiga- and our Senate counterparts for help- SEC. 5012. IRRIGATION DISTRICTS. tion carried out through an environmental bank ing us put together this package today. Section 603(i)(1) of the Federal Water Pollu- established pursuant to such guidelines shall This legislation provides important tion Control Act (33 U.S.C. 1383) is amended— comply with all applicable requirements of Fed- direction from Congress to the Army (1) in the matter preceding subparagraph (A) eral law (including regulations), including— Corps of Engineers in their missions to by striking ‘‘to a municipality or intermunic- ‘‘(A) the Federal Water Pollution Control Act ipal, interstate, or State agency’’ and inserting (33 U.S.C. 1251 et seq.); improve our infrastructure. The bill ‘‘to an eligible recipient’’; and ‘‘(B) the Endangered Species Act (16 U.S.C. strengthens America’s competitive- (2) in subparagraph (A), in the matter pre- 1531 et seq.); ness, creates jobs, and grows the econ- ceding clause (i), by inserting ‘‘in assistance to ‘‘(C) the Oil Pollution Act of 1990 (33 U.S.C. omy. The WIIN Act maintains congres- a municipality or intermunicipal, interstate, or 2701 et seq.); sional constitutional authority to en- State agency’’ before ‘‘to benefit’’. ‘‘(D) the National Environmental Policy Act sure our infrastructure is safe and ef- SEC. 5013. ESTUARY RESTORATION. of 1969 (42 U.S.C. 4321 et seq.); and fective. (a) PARTICIPATION OF NON-FEDERAL INTER- ‘‘(E) section 906 of the Water Resources Devel- This bill contains authorizations for opment Act of 1986 (33 U.S.C. 2283). ESTS.—Section 104(f) of the Estuary Restoration 30 Corps Chief’s Reports, eight Post- Act of 2000 (33 U.S.C. 2903(f)) is amended by ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in adding at the end the following: this section may be construed to affect— Authorization Change Reports, and 37 ‘‘(3) PROJECT AGREEMENTS.—For a project car- ‘‘(A) any authority, regulatory determination, feasibility studies for projects across ried out under this title, the requirements of sec- or legal obligation in effect the day before the the United States. tion 103(j)(1) of the Water Resources Develop- date of enactment of the Water Resources Devel- Today’s legislation restores regular ment Act of 1986 (33 U.S.C. 2213(j)(1)) may be opment Act of 2016; or order and the 2-year cycle of Congress fulfilled by a nongovernmental organization ‘‘(B) the obligations or requirements of any considering these essential WRDA serving as the non-Federal interest for the Federal environmental law. bills. Simply put, Mr. Speaker, this is project pursuant to paragraph (2).’’. ‘‘(e) SUNSET.—No new environmental bank good public policy, so I strongly urge (b) EXTENSION.—Section 109(a) of the Estuary may be created or approved pursuant to this Restoration Act of 2000 (33 U.S.C. 2908(a)) is section after the date that is 10 years after the my colleagues to support this jobs and amended by striking ‘‘2012’’ each place it ap- date of enactment of this section.’’. infrastructure bill. pears and inserting ‘‘2021’’. The SPEAKER pro tempore. The bill WATER INFRASTRUCTURE IMPROVEMENTS FOR SEC. 5014. ENVIRONMENTAL BANKS. shall be debatable for 1 hour equally di- THE NATION (WIIN) ACT—LETTERS OF SUP- The Coastal Wetlands Planning, Protection vided and controlled by the chairs and PORT and Restoration Act (Public Law 101–646; 16 OVER 70 ORGANIZATIONS SUPPORT U.S.C. 3951 et seq.) is amended by adding at the ranking minority members of the Com- mittee on Energy and Commerce, Com- Waterways Council, Inc.; American Public end the following: Works Association; Association of California ‘‘SEC. 309. ENVIRONMENTAL BANKS. mittee on Natural Resources, and the Water Agencies; Family Farm Alliance; The ‘‘(a) GUIDELINES.—Not later than 1 year after Committee on Transportation and In- American Waterways Operators; American the date of enactment of the Water Resources frastructure. Society of Civil Engineers; Ducks Unlimited; Development Act of 2016, the Task Force shall, The gentleman from Pennsylvania Archer Daniels Midland Company; National after public notice and opportunity for com- (Mr. SHUSTER), the gentleman from Or- Waterways Conference Inc.; Inland Rivers ment, issue guidelines for the use, maintenance, egon (Mr. DEFAZIO), the gentleman Ports and Terminals Association, Inc.; Glob- and oversight of environmental banks in Lou- from Indiana (Mr. BUCSHON), the gen- al Tech Power; Terral RiverService; National isiana. Association of Flood and Stormwater Man- tleman from New York (Mr. TONKO), ‘‘(b) REQUIREMENTS.—The guidelines issued agement Agencies; Tuloma Stevedoring, Inc. pursuant to subsection (a) shall— the gentleman from Utah (Mr. BISHOP), Port of Pittsburgh Commission; National ‘‘(1) set forth procedures for establishment and the gentleman from California (Mr. Milk Producers Federation; U.S. Chamber of and approval of environmental banks subject to HUFFMAN) each will control 10 minutes. Commerce; American Association of Port the approval of the heads of the appropriate The Chair recognizes the gentleman Authorities; National Ready Mixed Concrete Federal agencies responsible for implementation from Pennsylvania. Association; Great Lakes and St. Lawrence of Federal environmental laws for which mitiga- Cities Initiative; National Corn Growers As- GENERAL LEAVE tion credits may be used; sociation; National Association of Manufac- ‘‘(2) establish criteria for siting of environ- Mr. SHUSTER. Mr. Speaker, I ask turers; American Water Works Association; mental banks that enhance the resilience of unanimous consent that all Members Pacific Northwest Waterways Association; coastal resources to inundation and coastal ero- may have 5 legislative days to revise Association of Metropolitan Water Agencies; sion in high priority areas, as identified within and extend their remarks and include Great Lakes Metro Chambers Coalition; Ten- Federal or State restoration plans, including the extraneous materials on S. 612. nessee River Valley Association; Alliance for restoration of resources within the scope of a The SPEAKER pro tempore. Is there the Great Lakes. project authorized for construction; API Coalition letter: American Associa- ‘‘(3) establish criteria that ensure environ- objection to the request of the gen- tion of Port Authorities; American Chem- mental banks secure adequate financial assur- tleman from Pennsylvania? istry Council; American Farm Bureau; ances and legally enforceable protection for the There was no objection. American Forest and Paper Association; land or resources that generate the credits from Mr. SHUSTER. Mr. Speaker, I yield American Fuel and Petrochemical Manufac- environmental banks; myself such time as I may consume. turers; American Great Lakes Ports Associa- ‘‘(4) stipulate that credits from environmental Mr. Speaker, I rise today in strong tion; American Petroleum Institute; Amer- banks may not be used for mitigation of impacts support of S. 612, the Water Infrastruc- ican Road and Transportation Builders Asso- required under section 404 of the Federal Water ture Improvements for the Nation Act, ciation; American Waterways Operators; Big Pollution Control Act (33 U.S.C. 1342) or the En- or the WIIN Act. This is a comprehen- River Coalition; Dredging Contractors of dangered Species Act (16 U.S.C. 1531 et seq.) in America; Great Lakes Metro Chambers Coa- an area where an existing mitigation bank ap- sive bill to address water resources and lition; Lake Carriers’ Association; Mis- proved pursuant to such laws within 5 years of infrastructure issues across the coun- sissippi Valley Flood Control Association; enactment of the Water Resources Development try and could be one of the final National Grain and Feed Association; Na- Act of 2016 has credits available; achievements of this Congress. tional Mining Association; National Retail

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00084 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.012 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7485 Federation; National Stone, Sand and Gravel Appropriations Committee that wants every step of the legislative process, House Association; Portland Cement Association; to divert the money. That just Republican Leaders have morphed what was Retail Industry Leaders Association; The shouldn’t be. once the product of months of hard work by Fertilizer Institute; Waterways Council, Inc.; I want to thank the chairman for the Committee on Transportation and Infra- U.S. Chamber of Commerce. California Water Authorities Coalition: promising to continue to work on that structure into something that I, as the Ranking Friant North Authority; Friant Water Au- issue, which came out of committee, Democrat on the Committee, can no longer thority; Kern County Water Agency; Metro- when we do the Water Resources Devel- support—despite the fact that some good pol- politan Water District; San Joaquin River opment bill again next year. Hopefully, icy provisions remain in this bill. Exchange Contractors; South Valley Water the Trump administration will take a That being said, I thank the Chairman of the Association; Tehama Colusa Canal Author- different position on this. There is $9 Committee, Mr. SHUSTER, for following through ity; Westlands Water District. billion sitting there waiting to be spent on his promise to pass a Water Resources Water Infrastructure Network: American tomorrow of taxes that have already Development Act this Congress. Council of Engineering Companies; American been collected to maintain our harbors In May, the Committee on Transportation Public Works Association; American Society and Infrastructure unanimously approved of Civil Engineers; Associated General Con- that Congress doesn’t want to spend, tractors of America; International Union of despite the shoaling in and the jetties’ WRDA. That bipartisan bill took a bold step to Operating Engineers; Laborers International deteriorating conditions. So, hopefully, ensure that Congress would begin to draw Union of North America; National Associa- the new administration will take a dif- down the enormous surplus in the Harbor tion Clean Water Agencies; National Rural ferent position in the budget on that. Maintenance Trust Fund (HMTF). This posi- Water Association; United Association of Secondly, just this week, a 100-page tion, one that the Committee on Transportation Plumbers and Pipefitters; Vinyl Institute. provision which did not come from our and Infrastructure has fought for, on a bipar- Highway Materials Group: American Coal tisan basis, for decades, would have made the Ash Association; American Traffic Safety committee, which relates to a hugely controversial water diversion and set- $9 billion surplus of the HMTF immediately Services Association; Association of Equip- available to the Secretary of the Army to ment Manufacturers; National Asphalt Pave- tlement of disputes in California pit- ment Association; National Stone, Sand & ting members of the California delega- dredge our Nation’s harbors. Gravel Association; Precast/Prestressed Con- tion on both sides of the aisle against Unfortunately, this provision was stripped crete Institute; American Concrete Pave- one another, doesn’t only just affect from the bill by the House Republican Leader- ment Association; Associated Equipment California, because Sacramento salmon ship before Floor consideration, and was not Distributors; Concrete Reinforcing Steel In- swim north, and the last time we had a included in the House-passed WRDA. This im- stitute; National Ready Mixed Concrete As- portant provision would have unlocked the bad drought they shut down all the sociation; Portland Cement Association. HMTF to ensure that revenues collected from fishing on the southern Oregon coast shippers are used to dredge our Nation’s har- Mr. SHUSTER. Mr. Speaker, I re- because of endangered Sacramento bors, and are not diverted to cover other debts serve the balance of my time. salmon. Our salmon were doing fine. So of the U.S. Treasury. Mr. DEFAZIO. Mr. Speaker, I yield if they start diverting more water from Despite this, I want to thank Chairman SHU- myself such time as I may consume. the delta, from the Sacramento, it is STER for his commitment to work with me in Unfortunately, today I rise in opposi- likely that our fisheries will be shut tion to S. 612. At one point, I whole- the next Congress to unlock the HMTF once down in Oregon because of this mis- and for all. Without this provision, the balance heartedly supported this bill. placed provision which has not had any There should be nothing partisan in the Trust Fund will double in the next dec- congressional review of any sort in any ade to more than $17 billion and continue to about infrastructure. Building and re- committee in this House. building infrastructure for transpor- grow year after year, despite the tremendous tation of goods and people, for ship- b 1100 needs of our Nation’s ports and harbors. I am ping, for rail, for other aspects, and Finally, gratuitously, as part of that confident that, in the 115th Congress, the clean water—all that should be non- gigantic project in California, they are Committee on Transportation and Infrastruc- partisan. It is in the best interests of undermining Buy America and Davis- ture can achieve full use of the HMTF, and the United States of America to make Bacon provisions. I hope this isn’t a strengthen and maintain our ports, harbors us more competitive and more effi- harbinger of things to come, that de- and waterways, and our Nation’s economic cient. This bill reflected the best of spite the President who wants a competitiveness. I thank Chairman SHUSTER that tradition when it came out of the stronger Buy America, that the Repub- for his promise to work with me to achieve full committee. lican House is going to want to under- use of the HMTF in the next Congress. Again, while I will oppose final passage of Unfortunately, a number of things mine Buy America and start buying this bill, I do want to highlight several prom- have happened since. First, when we Chinese and Russian steel for our ising provisions in the bill. Emblematic of prior came to the floor, the leadership projects and doing away with pre- water resources legislation, S. 612 authorizes stripped out a provision which was vailing wages paying a good living all pending Corps of Engineers’ project author- adopted unanimously in committee to wage to people who work in construc- izations—valued at more than $10 billion. It make the Harbor Maintenance Trust tion jobs. It is very unfortunate that also authorizes 32 new feasibility studies and Fund into a trust fund—spending the was inserted in this bill. additional project modifications to existing tax that is collected for harbor mainte- But there are many meritorious pro- Corps’ projects—the first such provisions en- nance on—shocking in Washington, visions in the bill set aside for dredging acted since 2007. D.C.—harbor maintenance. of small harbors and many, many indi- The bill also includes several provisions to Right now, the Budget Committee di- vidual projects and authorizations in improve the overall efficiency and trans- verts that money every year some- the bill. Had these other three things parency of the Corps in carrying out its con- where else—imaginary deficit reduc- not happened, I would have enthu- struction and regulatory missions while pre- tion or some other program—and we siastically supported it, but, unfortu- serving existing Federal environmental protec- underspend, through the appropria- nately, I will have to oppose the bill. tions. tions process, that money. So the I reserve the balance of my time. For example, S. 612 includes a provision Americans are paying a tax. Every I rise in reluctant opposition to S. 612. that requires the Corps to coordinate the regu- good you buy that is imported you pay Mr. Speaker, at one time, this bill had great latory review of project modifications (so-called a little bit more for it. You are paying promise. At one time, this bill represented the section 408 reviews) with the expectation that that tax, and Congress is diverting the bipartisan traditions of the Committee on these coordinated reviews will help expedite money while our harbors shoal in and Transportation and Infrastructure. When the the decision-making process. our jetties crumble, and we can’t com- Committee unanimously reported this bill to S. 612 also directs the Secretary to expedi- pete in the world market. the House, I was proud to support the Water tiously complete a report to Congress on any The committee had adopted a provi- Resources Development Act of 2016. materials, articles, or supplies manufactured sion to turn that into a real trust fund However, since that time, the House Repub- outside the United States that are currently and spend the money on harbor main- lican Leadership has unilaterally stripped key used in Corps projects. This report will be crit- tenance. That was stripped out because Democratic priorities and air-dropped-in con- ical to increased oversight by this Committee of objections by the Budget Committee troversial Republican provisions making it im- of the use of foreign-manufactured goods in that wants to divert the money and the possible for me to support the bill today. At Corps projects.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00085 Fmt 4634 Sfmt 9920 E:\CR\FM\A08DE7.011 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7486 CONGRESSIONAL RECORD — HOUSE December 8, 2016 S. 612 also includes provisions to preserve However, Mr. Speaker, there are also provi- For these reasons, I oppose S. 612. and enhance the participation of Indian tribes sions in this bill that I cannot support. Mr. SHUSTER. Mr. Speaker, I yield in our water-related infrastructure, as well as For example, when the Water Resources such time as he may consume to the honor commitments made by the U.S. govern- Development Act of 2016 was considered in gentleman from Ohio (Mr. GIBBS), the ment to the tribes. First, the bill includes a pro- the House in September, I sponsored an chairman of the Subcommittee on vision that authorizes the Corps to provide im- amendment to ensure that scarce Federal Water Resources and Environment. mediate housing assistance to the Indian funds are not used for the construction of non- Mr. GIBBS. Mr. Speaker, today I rise tribes displaced as a result of the construction economically-justified projects, or projects for in support of S. 612, the Water Infra- of the Bonneville Dam, as well as to further the construction of ballfields and splash parks. structure Improvements for the Nation study those Indian tribes displaced from the Unfortunately, at the insistence of the Repub- Act, the WIIN Act. The WIIN Act is a construction of the John Day Dam. Both of lican majority, the authorization of the Central vital water infrastructure bill that these provisions are intended to ensure that City; Texas project remains in this final bill, contains the Water Resources Develop- the Federal Government lives up to the com- without the protections for taxpayers that I ment Act of 2016. mitments made to the tribes for construction of sought in my amendment. Should this project As chairman of the Subcommittee on these two projects generations ago. continue, I will continue to press the Com- Water Resources and Environment, our In addition, S. 612 includes a provision that mittee and the Corps to oversee this project to jurisdiction includes water resources directs the Corps to undertake a comprehen- ensure that taxpayer dollars are not wasted on development missions of the U.S. Corps sive study of the existing tribal consultation frivolous and non-economically-justified of Engineers. This bill is a compromise process for the construction of any water re- projects, regardless of where they are con- between the Senate and the House and sources development project, or any other structed. authorizes the construction of key project that may require the Corps’ approval or In addition, I did not support the inclusion in water infrastructure projects through- the issuance of a Corps permit. As recent this bill of those provisions which side with out the Nation. These projects create events have shown, it is past time for the one State over another in regional water jobs here at home and have a direct im- issues, such as those involving the Apalachi- Corps to revisit its existing tribal consultation pact on our economy and our national cola-Chattahoochee-Flint watersheds in the processes to ensure that the Corps under- security. States of Georgia, Florida, and Alabama. The critically important Corps takes meaningful consultation with Indian I do not support the inclusion of any of the tribes for projects that may have an impact on project authorizations are for the pur- provisions that purport to grant a private cit- poses of navigation and flood control, tribal cultural or natural resources. I look for- izen with some undefined property right to ward to working with the Corps to ensure that recreation, water supply, environ- publically-owned or managed property. These mental protection, and so on. Each of this study and report are completed within the provisions, such as section 1148 (Cumberland the projects—30 projects that were year. River, Kentucky), section 1185 (Table Rock I am also pleased that S. 612 provides the mentioned by the chairman—was rec- Lake, Arkansas and Missouri), and section ommended by non-Federal sponsors to framework for the Federal Government to fi- 5003 (Tennessee Valley Authority jurisdictional the Corps. Each of these are economi- nally meet its commitment to help the families waters), follow a concerning trend that seeks cally justified, environmentally ac- affected by lead-contaminated water in Flint, to provide some enforceable interest in public ceptable, and technically achievable. Michigan. While the funding for these projects lands and resources for which no right cur- They are the gold standard. will ultimately be included in the appropriations rently exists, or no agreement with or payment My subcommittee held multiple bill that funds the government into next year, to the government is made. Congress should hearings to discuss the chief’s reports I support the inclusion of additional Drinking conduct proper oversight of these and any fu- and post-authorization change reports Water State Revolving Fund resources for ture proposals to grant such a property right to in depth, and my subcommittee pro- communities experiencing public health threats ensure that public resources are properly held vided strong congressional oversight of associated with lead-water contamination, and in trust for the good of the Nation, and not the urge the Administration to release these funds benefit of private individuals or interests. these proposed activities. to the State of Michigan and to the City of In addition, I oppose efforts by the Repub- Many State, local, and regional areas Flint as quickly as possible. lican Leadership to undermine worker protec- will gain from the economic benefits of The bill also benefits my home state of Or- tions and Buy America requirements for pro- this bill. One example is the upper Ohio egon. grams and projects authorized by this bill. If chief’s report will greatly benefit my First, and foremost, the bill makes perma- enacted, these provisions will undermine the home State of Ohio by improving navi- nent the existing set-aside of harbor mainte- principle of prevailing wage protections for gation within the existing locks and nance funding for small commercial harbors. construction jobs, and open the door to using dams. More importantly, this project These small commercial harbors are the life- American taxpayer dollars to pass off goods provides even greater benefits to the blood of local and regional economies; yet, for made with Russian and Chinese steel as Nation, ensuring commodities reach decades, Federal dredging needs at these ‘‘Made-in-America’’ . foreign and domestic markets in a harbors went unmet. S. 612 makes permanent Finally, and most egregiously, I am opposed cost-effective manner. the existing 10 percent set-aside of annual to the inclusion of the last-minute, nearly 100– This bill is fiscally responsible. The Federal maintenance dredging funds for these page California water poison pill that was de- new project authorizations are fully types of harbors, and ensures that this 10 per- veloped behind closed doors and with no ap- offset by deauthorizations of projects cent is the minimum (not the maximum) parent public debate. It deeply divides the ex- that are outdated or no longer viable. amount allocated to small commercial harbors isting California Congressional delegation, re- This bill contains an important pilot from both baseline funding and priority funds. gardless of party, and picks winners and los- program for the beneficial reuse of The bill also provides for the first-ever sur- ers in a region-against-region and industry- dredged materials. This innovative pro- vey of the condition of existing breakwaters against-industry fight for water in California. gram looks for ways to maximize and jetties protecting Federal harbors. In the This provision was dropped on our lap on dredged material based upon environ- Northwest, these critical structures are crum- Monday. It jeopardizes not only our bill, but mental, economic, and social benefits. bling, failing to provide necessary protection also Oregon’s fishing industry and thousands The WIIN Act contains no earmarks, for shippers and fishermen alike, and increas- of jobs that depend on sustainable fisheries. I it strengthens our water transpor- ing the long-term costs of maintaining our cannot support a bill that will jeopardize thou- tation networks, and it increases ports and harbors. This survey will provide sands of jobs and our economic engine on the transparency for non-Federal sponsors Congress with critical information on the con- Oregon coast. and the public. dition of breakwaters and levees so that we Again, I want to thank Chairman SHUSTER I strongly urge Members to support may start the process of repairing or replacing for his work on this bill. I am disappointed that this bill. these structures in the near future. the good work of our Committee has been sul- Mr. DEFAZIO. Mr. Speaker, I yield 3 I am pleased that S. 612 also authorizes a lied by the whims of House Republican Lead- minutes to the gentlewoman from Cali- new Columbia River Basin Restoration Pro- ers, and hope that, in the next Congress, we fornia (Mrs. NAPOLITANO), the ranking gram at the Environmental Protection Agency can restore the strong and lasting commit- member of the subcommittee. to help reduce toxic contamination and clean ments made between the majority and minor- Mrs. NAPOLITANO. Mr. Speaker, I up contaminated sites in the Columbia River ity members of the Committee on Transpor- rise in support of the Water Resources Basin. tation and Infrastructure. Development Act, S. 612.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00086 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.013 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7487 I strongly support the bipartisan THE METROPOLITAN WATER Drought Relief Act. TVMWD is a wholesale work done by the Transportation and DISTRICT OF SOUTHERN CALIFORNIA, water supplier and member agency of the Infrastructure Committee on the Army December 6, 2016. Metropolitan Water District of Southern Corps provisions that create policy and Re: Support Water Resources Development California, responsible for providing treated Act (WRDA) Bi-Partisan Drought Provi- import water supplies to over half a million authorize projects around the country sion people covering the Pomona, Walnut and for flood damage reduction, ecosystem Hon. DIANNE FEINSTEIN, East San Gabriel valleys. restoration, water supply, recreation, U.S. Senate, Despite improving hydrologic conditions in and navigation. There is something for Washington, DC. 2016, many regions in California continued to everyone in this bill. DEAR SENATOR FEINSTEIN: As the nation’s suffer water supply shortages resulting from I am particularly appreciative that largest provider of drinking water, the Met- several years of prolonged drought and regu- this bill authorizes the Los Angeles ropolitan Water District of Southern Cali- lations that affect the operations of the River project, which will rejuvenate fornia would like to thank you for your lead- State’s major water supply projects. S. 2533 the river by improving wildlife habitat ership in responding to California’s unprece- is designed to provide reasonable solutions dented drought. We support the drought pro- to address both the short-term and long- and creating recreational opportunities term water supply needs for the State. It for southern California residents. visions that you negotiated with the House, included in H.R. 2533 the Water Resources does this by investing in water storage, con- I thank Chairman SHUSTER, Ranking Development Act (WRDA) of 2016, to help us servation, recycling and desalination, along Member DEFAZIO, and Chairman GIBBS better manage our limited water resources. with innovative water infrastructure financ- for working with me and my staff to We also support the broader WRDA package ing. These provisions align with Proposition include multiple provisions that will which will provide strategic authorizations 1, which was passed by California voters in improve water supply and local col- and investments to develop, manage and im- 2014, thus enhancing State law with the co- laboration at the Army Corps facili- prove essential water infrastructure and op- ordinated activities of the Federal agencies. ties. These provisions include: erations in the United States. The bill upholds and protects state water Providing more water supply to local While rains have returned to Northern rights and water law and there is an environ- mental protection mandate repeated communities by improving on WRDA California, we have little assurance of the water year ahead. Southern California is throughout the text of the bill. Moreover, S. ’14 provisions and requiring the Corps 2533 makes provision for additional protec- to capture more water for groundwater heading into its sixth year of drought. Were it not for the imported water that Metropoli- tions of at-risk fish species and provides replenishment, especially in Long An- tan brings to the Southland, the ground- tools to improve the delta environment. The geles County; water basins and surface reservoirs would be drought has shown how we must take a ho- Promoting local and private sector at historic lows. This imported water re- listic look at how we manage the entire eco- combined efforts to remove sediment mains an essential component of Southern system for the benefit of both native species from Corps dams and improve water California’s water supply portfolio, and we and water supply reliability. S. 2533 will provide critical resources to as- cannot afford to miss out on capturing sup- supply, which will benefit all dams, in- sist California in the current drought and in- plies during the few large storm events that cluding Santa Fe Dam in my district; vest in long-term water infrastructure to come each year. Your drought provisions Requiring the Corps to work more help the state in the future and we are will help to maximize pumping while main- collaboratively with local communities pleased to offer our support. We are request- taining the protections provided to Califor- on sharing water data and improving ing that our local representatives support nia’s native species through the Endangered your efforts to pass this important legisla- watershed management, in other Species Act and the Biological Opinions that tion and ask that they make you aware of words, transparency; and currently protect salmon and smelt. These that support. If you have any questions re- Extending current law on donor port protections are important to Metropolitan to garding TVMWD and its position, please do provisions important to the Ports of ensure we continue to operate in an environ- Los Angeles, Long Beach, and many not hesitate to contact me at 909–621–5568. mentally responsible manner. Sincerely, Equally important is the need for invest- other ports. RICHARD HANSEN, P.E., ment in new local water supplies to help I also support the provisions in the General Manager. bill that include providing assistance California adjust to climate conditions that are reducing our snowpack and changing for the drinking water crisis in Flint, UPPER SAN GABRIEL VALLEY rain patterns. Investments in recycling, de- Michigan, and other areas of the coun- MUNICIPAL WATER DISTRICT, salination, groundwater treatment and con- Hon. GRACE F. NAPOLITANO, try, which include California, although servation that are included in the drought we should be investing more in our out- House of Representatives, provisions of the legislation are vital to this Washington DC. dated drinking water infrastructure. region. Reforming Title XVI to allow recy- I disagree with the leadership’s deci- DEAR REPRESENTATIVE NAPOLITANO: Upper cled water projects to compete for funding is San Gabriel Valley Municipal Water District sion to add a California water provision an important first step. (Upper District) supports S. 612, the Water to WRDA at the last minute. This pro- WRDA includes many other important pro- Infrastructure Improvements for the Nation vision should have been addressed as visions that will benefit California water Act (WIIN), a compromise bill that includes its own legislation and not attached to users including funding for improvements to the Water Resources Development Act the traditionally bipartisan WRDA bill U.S. rivers and harbors, improved science, (WRDA) of 2016. We believe this important that so many Members, including Sen- conservation initiatives, infrastructure de- legislation is vital to California’s water fu- velopment, ecosystem restoration and sus- ator BOXER, have worked so hard on. If ture and is consistent with our state’s policy tainability. These programs will improve the of managing water resources for the coequal I had been consulted on this provision, nation’s drinking water resources and im- I would have strongly advocated for goals of enhancing ecosystem health and im- prove our water resiliency as a nation. proving water supply reliability. more than $50 million for title XVI and Metropolitan appreciates your leadership S. 612 contains key provisions from the $100 million for WaterSmart, as these on national water policy initiatives and your WRDA which will authorize numerous programs are the most cost effective at ongoing support and commitment to finding projects in California, including restoration addressing our drought crisis. solutions for California’s water supply and of the Los Angeles River, Lake Tahoe and I want to thank the many water water quality concerns. We look forward to the Salton Sea. Upper District is pleased to agencies and associations, such as the continuing to work with you to advance see the bill authorizes $558 million for crit- these objectives. ical projects, that will help supplement state National Association of Flood and Sincerely, Stormwater Management Agencies, the and local funding to construct new source JEFFREY KIGHTLINGER, water projects that will help manage our County of Los Angeles Department of General Manager. groundwater basin which has reached his- Public Works, the Upper San Gabriel toric lows during California’s five-year Valley Water District, and the Three THREE VALLEYS MWD, drought. Valleys Municipal Water District that December 6, 2016. In addition, it will help local water agen- have worked with my office on this bill Re: S. 2533—California Emergency Drought cies work with the U.S. Army Corps of Engi- Relief Act—Support throughout the process, and over- neers on stormwater capture projects and whelmingly support WRDA. Hon. DIANNE FEINSTEIN, groundwater recharge projects, and provides I greatly respect and recognize that U.S. Senate, direction to the Corps to engage in environ- Washington, DC. mental infrastructure projects, including there are Members who disagree on the DEAR SENATOR FEINSTEIN: I am writing to water recycling projects. We are also pleased final passage based on the needs of you on behalf of the Three Valleys Municipal to see reforms made to Title XVI to allow re- their own districts and constituents, Water District (TVMWD) to express our sup- cycled water projects to compete for fund- and I would like to work with them. port for S. 2533—the California Emergency ing.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00087 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.025 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7488 CONGRESSIONAL RECORD — HOUSE December 8, 2016 This legislation reflects compromises that State. Rather, section 1189 is simply a homes or on farms has been sent out to will improve water supplies for all Califor- restatement of current law under the sea. Water that could have been stored nians and reflects a balanced compromise Clean Water Act. by building new reservoirs was lost. that will help provide improved water sup- Additionally, we understand that no Water, our most precious resource, has plies without violating the Endangered Spe- cies Act or existing biological opinions that provision in this bill revises the Army been wasted. govern pumping operations in the sensitive Corps’ Federal standard of dredged ma- The drought may be our biggest chal- Bay-Delta eco-system. terial from Federal projects; and as is lenge, but its destructive effects have Upper District appreciates your leadership affirmed through a sense of Congress in been compounded by stubborn regu- on national water policy initiatives and your section 1188 of this bill, the best way to latory and legal restraints. In Cali- ongoing support and commitment to finding resolve any disagreements over State fornia, rather than strive to bring peo- solutions for California’s water supply. We water quality standards is collabo- ple water, the State government is tak- strongly support passage of this legislation ratively with input from all stake- and respectfully ask for your vote in favor. ing it away. This is more than incom- Sincerely, holders. petence. Government has failed in its SHANE CHAPMAN, Is that a correct reading of the bill? primary duty to make sure people have General Manager. Mr. SHUSTER. Will the gentlewoman that which is necessary for life. The Mr. SHUSTER. Mr. Speaker, I yield 1 yield? people of California have put into the minute to the gentleman from Cali- Ms. DELAURO. I yield to the gen- system, and they are not getting what fornia (Mr. CALVERT), the chairman on tleman from Pennsylvania. they deserve, are due. Mr. SHUSTER. Yes. the Appropriations Interior, Environ- But today, and in large part thanks Mr. DEFAZIO. Will the gentlewoman ment, and Related Agencies Sub- to Members on both sides of the aisle yield? committee. in this Chamber and the senior Senator Ms. DELAURO. I yield to the gen- Mr. CALVERT. Mr. Speaker, I rise of our Golden State with their good tleman from Oregon. today in strong support of the WIIN faith negotiation and partnership, Mr. DEFAZIO. I would say yes. Act. The bill contains a number of pro- water is coming. visions that help improve the water in- Mr. SHUSTER. Mr. Speaker, I yield 1 minute to the gentleman from Cali- We now have a bipartisan water bill. frastructure across the country. It is not the holistic one that this My home State of California con- fornia (Mr. MCCARTHY). Mr. MCCARTHY. Mr. Speaker, I House wants to pass, but it is a bill tinues to suffer from drought condi- that helps deliver water to our commu- tions and a water system that has thank the gentleman for yielding, and I want to thank the chairman for his nities, potentially enough to supply failed to keep up with tremendous pop- the annual needs of almost 450,000 ulation growth. Thankfully, this bill hard work on this bill and his bipar- tisan effort in putting it together. households in California. It will in- contains a number of solutions that crease pumping; it will increase stor- will help address California’s water Mr. Speaker, Americans understand intuitively that governments are set age; it will fund more desalinization, challenges. efficiency, and recycling projects; and In my experience, there are few up for the benefit of the people. Those it will do all of this in accordance with things more difficult than water nego- who are civic-minded, who pay their the Endangered Species Act and with- tiations, and these negotiations over taxes, live according to the law, and out costing the taxpayer one additional California water provisions proved to treat their fellow citizens with respect cent. be no different. deserve certain guarantees: their gov- I am also pleased that this bill in- ernment will keep them safe from en- Our work to bring California water is cludes legislation I introduced to final- emies at home and abroad; their gov- by no means complete, but this deal ize the Pechanga Band of Luiseno ernment will defend their most basic shows that we have a path forward to Water Rights Settlement. constitutional rights; and their govern- fulfill our obligation to the American Mr. Speaker, I want to thank Sen- ment will ensure that people have ac- people. ator FEINSTEIN for making today pos- cess to basic necessities fundamental Once we pass this bill today, I urge sible, Chairman SHUSTER and his com- to life. Senate Democrats and Republicans and mittee for their hard work, Kiel Wea- I ask this body, Mr. Speaker, what the President to join with the House ver for his efforts to get California could be more fundamental to life than and enact this bill and help our com- water across the line, and Ian Foley for water? America is not some Third munities in California, in Flint, and his tireless work. World country—we are a wealthy na- across this country get access to the I encourage all of my colleagues to tion—and we will not let any American water we desperately need. support this bill. go without water. I am proud we are Mr. DEFAZIO. Mr. Speaker, how Mr. DEFAZIO. Mr. Speaker, I yield 1 voting on legislation today to deliver much time is remaining on both sides? water to the people across the country minute to the gentlewoman from Con- The SPEAKER pro tempore. The gen- necticut (Ms. DELAURO). by updating our water resource tleman from Oregon has 21⁄2 minutes re- projects and changing outdated water Ms. DELAURO. Mr. Speaker, I rise to maining. The gentleman from Pennsyl- engage the chairman and ranking policies. vania has 41⁄2 minutes remaining. member in a brief colloquy on behalf of But, Mr. Speaker, we cannot treat Mr. DEFAZIO. Mr. Speaker, I yield the Connecticut congressional delega- each community facing a water crisis 11⁄2 minutes to the gentleman from tion and Long Island Sound. in isolation. In my State of California, The sound is a treasured and integral we are enduring the worst drought in California (Mr. THOMPSON). source, one that generates $9 billion over a century. Farmland has been Mr. THOMPSON of California. Mr. annually through tourism, recreation, fallowed, families are forced to cut Speaker, I thank the gentleman for and economic activity, so the impor- back on water consumption, and some yielding. tance of dredging activities to our are out of water completely. They have Mr. Speaker, if this bill did what the State and the larger region cannot be to travel to community centers for previous speaker just said, I would be overstated. drinking water or to even take showers here to speak in favor of it. Unfortu- Therefore, we seek clarification with and brush their teeth. nately, this legislation is a giant leap the constant intent of section 1189 and With each passing day, month, and in the wrong direction with the poten- the dredging provisions contained in year, our situation becomes more des- tial to undo all that our State has the WIIN Act. perate. As we all know, the drought is worked for. It sends operations man- I yield to the gentleman from Con- an act of nature. It is one of those dates from Washington to water man- necticut (Mr. COURTNEY). troubles that we can respond to and agers who have carefully balanced Mr. COURTNEY. Mr. Speaker, if we prepare for but not prevent. Yet our water allocation across users for the understand section 1189 correctly, own government, the Federal Govern- past 5 years of this terrible drought. It nothing in S. 612 gives any States any ment, has not only failed to prepare for pits regions against each other. It re- new rights by which to impose its own this drought, they have exacerbated it. ignites the water wars, which our State water quality standards on any other Water that could have been used in has struggled with for generations.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00088 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.022 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7489 b 1115 Apparently, the Republican majority process. It begins to expedite it. It be- Though the authors have provided was not paying attention to the recent gins to give better local control. It be- authorization for critical water infra- election because, in fact, Mr. Trump gins to provide people protection. It be- structure, they have prioritized huge promised that the Buy American provi- gins to restore the environment. water storage projects without enough sion and American steel production Just in August of this year, Mr. congressional oversight. would be supportive and primary; yet Speaker, we had one of the worst floods The bill also leaves the door open for they are proposing to kill the Buy in U.S. history that will result in bil- the Federal funding for our State’s American provision in this bill. lions of dollars in flooding. We simply delta tunnels proposal, which is highly I urge the majority not to forget the could have spent millions, once again, controversial in California; and fund- promises its party made to these proud in preventing the flooding from hap- ing for this measure, if it happens at and strong American workers. I can as- pening, thus saving lives and saving all, would be left to the mercy of the sure the majority they won’t forget. this country billions of dollars. So I Republican-controlled spending com- We also have to stand up to Chinese urge the adoption of the bill. mittees. Funding is not guaranteed for dumping that has put out of work I want to quickly say that the West these projects. thousands and thousands and thou- Shore project authorized in here and Most fundamentally, this provision sands of workers across this country. the environmental banks are critical violates the bedrock environmental Given the woes of the American steel and are going to result in much protec- laws that protect ecosystems not just industry, encouraging more offshoring tion and efficiency. in California, but nationwide. When is unconscionable. Mr. SHUSTER. Mr. Speaker, I appre- lawmakers overrule biological opin- Mr. DEFAZIO. Mr. Speaker, I yield ciate all of the work that has gone into ions—the determination of scientists back the balance of my time. this bill, especially by the staff on both about what is best for a species—the Mr. SHUSTER. Mr. Speaker, I yield 1 sides of the committee. There were a science-based management ecosystems minute to the gentleman from South lot of hours that they put in, and I everywhere are undermined. Carolina (Mr. SANFORD). can’t thank them enough for what they The consequences could be cata- Mr. SANFORD. I thank the gen- did. strophic. We have seen it before. In tleman. Again, I thank my counterpart, the 2002, we ignored science and diverted Mr. Speaker, I rise in support of this gentleman from Oregon (Mr. DEFAZIO), water out of the Klamath River, killing bill. for his efforts on the bill as well as the nearly 80,000 spawning salmon. Com- I thank the chairman for his work ranking member’s and the sub- munities were devastated and liveli- and for the committee’s work on this committee chairman’s. hoods were lost. We can’t afford to set bill in the way that, in essence, it cre- I urge all of my colleagues to support a precedent. This is a bad provision of ates a lighthouse on how we might S. 612, or the WIIN Act, so we can im- an otherwise good bill, and I urge a fund infrastructure projects going for- prove our ports, our harbors, and can ‘‘no’’ vote. ward. protect this Nation from flooding and Mr. SHUSTER. Mr. Speaker, I yield 1 There is much talk about the new natural disasters. minute to the gentleman from Texas Trump administration and what will Mr. Speaker, I yield back the balance (Mr. FARENTHOLD). come next on that front, but what will of my time. Mr. FARENTHOLD. I thank the be important is the process in the way Mr. BUCSHON. Mr. Speaker, I yield chairman. that we fund infrastructure. We can myself such time as I may consume. Mr. Speaker, I am here today to sup- have our different takes on what I rise in support of S. 612, the Water port the WIIN Act. We have heard from should or shouldn’t happen in Cali- Infrastructure Improvements for the both sides. It is a bipartisan bill. No- fornia, but if you look at the bill in its Nation Act, and I urge my colleagues body likes everything in it, which is totality, it sets in place a process that, to join me in that support. typical of legislation in Washington, I think, is vital. As everyone knows, families in Flint, but it is absolutely critical to this Second, it is important to take Michigan, have not been able to trust country—to jobs and our economy. things off the Christmas tree, and this the drinking water coming out of their In fact, in the district I represent, bill does that. I praise the chairman for taps for more than 2 years, and bottled there are over 76,000 jobs associated what he has done. He deauthorized $10 water and filters are only temporary with ports and waterways in the area. billion worth of projects. That is some- solutions. They want answers, and they I would venture to say, however, 100 thing we do not often see in Wash- want results. The package before us in- percent of the population is touched in ington, D.C., and it is something we cludes legislation that will authorize the products that they buy, in the need to see more of. funding to help improve the health of goods that they produce, and in the Finally, I thank the gentleman for the people in Flint and in other com- raw materials that are shipped. the way that he focused on Charleston. munities who have had Federal emer- This is a good bill that cuts redtape Any time one can count a resource on gencies declared due to there being un- and gets our port projects going. It is one hand, it is a natural resource. In- safe levels of lead in their drinking what we need for our economy and it is deed, that is the case with the port in water. Specifically, this package au- what we need for America. I urge my Charleston, which I think will go to thorizes $100 million in Safe Drinking colleagues to support it. serve needs, along with a number of Water Act capitalization grants to Mr. DEFAZIO. Mr. Speaker, I yield other ports on the Gulf and the East States that respond to a Presidentially myself such time as I may consume. Coast, as the Panama Canal has been declared disaster for health threats I thank all of the staff who worked so widened. posed by their drinking water. hard on this legislation, particularly Mr. SHUSTER. Mr. Speaker, I yield 1 This bipartisan package also ex- the majority and minority staff of the minute to the gentleman from Lou- presses that $20 million should be ap- Subcommittee on Water Resources and isiana (Mr. GRAVES). proved under the Water Infrastructure Environment. We would not be here Mr. GRAVES of Louisiana. I thank Finance and Innovation Act for eligible today without the hard work of Ryan the chairman and the ranking member projects. It authorizes $20 million for Seiger and Mike Brain on my staff and for all of their work on this legislation, the creation of a Lead Registry and Ad- of others on the other side of the aisle. particularly on the water resources visory Committee at the Department Mr. Speaker, I yield the balance of component. of HHS, and it authorizes an additional my time to the gentlewoman from Ohio Mr. Speaker, you can look at water $15 million in appropriations for the (Ms. KAPTUR). resource policy across the United Childhood Lead Poisoning Prevention Ms. KAPTUR. Mr. Speaker, I rise in States, whether it is building levees or Program at the CDC. It also authorizes solidarity and in championing the it is restoring the coast. We have one $15 million for the Healthy Start Ini- cause of the steelworkers of our Nation of the most expensive and one of the tiative at the Department of HHS. and of the industrial heartland of Lo- most delayed processes for imple- This fully offset package will not rain, Ohio, and Gary, Indiana, and menting infrastructure projects in the only serve as the basis for responding Youngstown. Nation. This bill begins to correct that to decaying lead service lines across

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00089 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.027 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7490 CONGRESSIONAL RECORD — HOUSE December 8, 2016 the country, but will also directly re- The language in WIIN provides for gested allowing grants. This bill in- spond to the tragic toll that has been the establishment of State and EPA cludes a significant grant program spe- taken on the minds and bodies of permit programs, which will alleviate cifically for that purpose. Flint’s youngest victims due to re- the issue of the citizen suit enforce- It also gives more flexibility for trib- peated exposures to elevated con- ment of the EPA’s final rule. Like past al governments and encourages innova- centrations of lead in drinking water. House proposals, States may incor- tive technologies. The bill improves We must pass this authorization to en- porate the EPA final rule for coal com- public notification requirements when sure the appropriation proposed in the bustion residuals or develop other cri- a system violates the Lead and Copper continuing resolution does what we teria that are at least as protective as Rule, an issue the gentleman from want it to do, not what the EPA might the final rule. Michigan (Mr. KILDEE) has fought for come up with for that funding. b 1130 to help prevent another tragedy like As for the other parts of the WIIN that in Flint. And it includes an au- Act, they are not perfect, but they rep- States and utilities alike are sup- thorization for a program to help resent a bipartisan, bicameral com- portive of the language. schools test for lead. promise that I expect the President to I commend our colleague, DAVID Unfortunately, this bill fails to make sign. Under the jurisdiction of the En- MCKINLEY, for his dogged determina- sufficient commitments to Buy Amer- ergy and Commerce Committee, there tion on this issue and our Water Re- ican. We must include stronger Buy are several other proposals that ad- sources and Environment Sub- American language in the statutes. dress lead and other contaminants in committee Chairman JOHN SHIMKUS for Finally, I am disheartened to see drinking water: their work on this subject. such a divisive bit of language on Cali- WIIN includes the public notification In summary, Mr. Speaker, this bill is, fornia water issues added at the last provisions that the House passed this on balance, better than the status quo, minute. It is frustrating to see a good past February with 412 votes. Specifi- and it is done in a more fiscally respon- bill, negotiated in good faith, get load- cally, it requires public water systems sible way than the version that passed ed up with a poison pill at the end. Ul- to notify their customers if the utility, the other body: no direct spending, timately, this bill has taken some good on a systemwide basis, is exceeding the fully offset, and in line with House first steps to invest in our Nation’s Federal lead action level for the con- rules and protocols. It addresses crit- water systems and provide the city of centration of lead in its drinking ical issues facing our Nation in both Flint with the assistance it needs and water. If the water utility and the water infrastructure and drinking deserves. But much more is needed. State fail to make the notice, then the water policy. It is worthy of our sup- Some $384 billion is required over the EPA must advise the public. port, and it will benefit all Americans. next 20 years to simply keep up our These provisions also call for the cre- I urge a ‘‘yes’’ vote on S. 612. drinking water systems, and 18 million ation of a strategic plan between the I reserve the balance of my time. Americans live in communities that EPA, the State, and the local water Mr. TONKO. I yield myself such time violated the Lead and Copper Rule in utility for household-specific notifica- as I may consume. 2015. We must, and we can, do better. It tion if the EPA learns about a par- Mr. Speaker, this bill is far from per- is time to get to work. There are many ticular household getting water above fect. It has some very good provisions more provisions included in the AQUA the Federal lead action level. and others that I oppose. I rise today to Act that I hope this body seriously This legislation also targets assist- highlight the particular sections I considers moving forward. ance to small and economically dis- worked on to get included in this bill. Mr. Speaker, I reserve the balance of advantaged communities, particularly I have worked across the aisle with my time. those communities with any kind of my colleagues in the past on similar Mr. BUCSHON. Mr. Speaker, I re- formal plumbing or inadequate water drinking water issues, and I have been serve the balance of my time. delivery service. asking my E&C colleagues for a hear- Mr. TONKO. Mr. Speaker, I yield 21⁄2 Beyond Flint, WIIN institutes a new ing on broader reforms to the Safe minutes to the gentleman from Cali- program to help communities finance Drinking Water Act through this en- fornia (Mr. MCNERNEY). activities to reduce the lead in their tire session. While we have not been Mr. MCNERNEY. Mr. Speaker, I have treated drinking water. The priority successful in having a hearing, I re- witnessed a pattern of attacks against for these grants goes to economically main optimistic that my colleagues on the Endangered Species Act as well as disadvantaged communities that have the other side will make this a top pri- attacks on our industries and commu- concentrations of lead in their drink- ority next year. nities that rely on the California delta. ing water that exceed Federal stand- With that said, the bill before us House Republicans continue to attach ards. This bill also provides grants to today includes a number of provisions environmentally damaging California States for voluntary testing programs very similar to language authored by water riders to every single piece of for lead in school and childcare center myself, by Ranking Member PALLONE, legislation that is moving on this floor. drinking water systems. and many of our Democratic colleagues This time, it is on S. 612, the WIIN Act, There are other worthy provisions contained within the AQUA Act and also known as the WRDA bill. that are contained in this bill that I the Safe Drinking Water Act Amend- This highly controversial language urge my colleagues to look into, but I ments of 2016. was developed behind closed doors, and want to mention two of them: Buy We know communities and low-in- it jeopardizes the Senate bipartisan American iron and steel and State per- come homeowners need assistance re- bill that Senator BOXER and Senator mitting for coal ash. While these provi- placing lead service lines. This bill au- INHOFE have worked on very hard, but sions have been carried in appropria- thorizes a new $300 million grant pro- Senator BOXER is now willing to sac- tions bills for years, WIIN inserts a re- gram to get lead out of our commu- rifice all that work to stop this bill. I quirement into the Safe Drinking nities. It gives priority to schools, to strongly support the original bill, Water Act that iron and steel used in childcare centers, and other facilities which includes some very good stuff. projects financed with Federal money that serve children. The bill also I also want to recognize Mr. KILDEE, have to be primarily made in the makes it easier for States to admin- my colleague who has worked very United States. ister Federal funds. hard on behalf of his constituents in This language sends a strong signal In addition to these provisions from Flint, Michigan. that Congress supports American busi- the AQUA Act, there are a number of I support the provisions in this bill nesses and workers and will not allow other positive things included in this that will provide assistance to the foreign competitors to use our markets bill. We have heard about the struggles drinking water crisis in Flint and other as a dumping ground for cheap prod- of small and disadvantaged commu- areas of the Nation that need upgraded ucts. Concerning coal ash, after 6 years nities. In my district, the mayor of drinking water infrastructure. of trying, we are close to reaching our Castleton, Joseph Keegan, testified But as long as the California so- goal of enacting legislation to estab- that his community needs help but called drought language remains, my lish permit programs for coal ash. simply cannot afford a loan. He sug- State and the Pacific Coast are at risk.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00090 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.028 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7491 This California water rider would fur- volves the continued use of trailer This bill would provide relief to my ther degrade the California delta. It homes around Lake Tschida, or the hometown. It would put it on a path, weakens protections for California Heart Butte Reservoir. The require- and it would send a signal that it is fisheries; threatens thousands of fish- ments set in this provision will in- okay to invest in Flint. It is okay to ing industry jobs, as we have heard, crease safety while supporting existing stay. The water will be fine. That is a even up to the coast of Oregon; in- investments and continued recreation responsibility we have. This is a moral creases saltwater intrusion; and it around the lake. obligation that we have. picks winners and losers in my State. The other deals with a more recent It also makes sure that there is no This provision will provide freedom issue that has arisen lately of looming more Flints, by including in this legis- to export water above and beyond what fee increases at cabins and trailers at lation the Kildee-Upton bill that the ESA currently allows. This will three North Dakota BLM reservoirs: passed this House nearly unanimously. cause further saltwater intrusion into the Heart Butte, Dickinson, and It is long past time for us to act. I ask the delta. You know, farmers do not Jamestown. Because market rent sur- you to join me in supporting this legis- benefit when saltwater contaminates veys weren’t completed for many lation. our water supplies. years, and then the recent increases in Mr. BUCSHON. Mr. Speaker, I yield 1 If we truly believe in sound science, North Dakota property values, surveys minute to the gentleman from Mon- we should not override science with completed last year concluded that the tana (Mr. ZINKE). local interests that do not represent fees would have to be increased 91 to Mr. ZINKE. Mr. Speaker, I rise in the entire State. 232 percent overnight. Obviously, my strong support of the WIIN Act, which The administration and its agencies constituents would be hit too hard by includes one of my top priorities in have serious concerns with this lan- that, so this bill helps correct that and Congress, the Blackfeet Water Com- guage. This rider will not create a path brings a smoother transition. pact. I cannot stress how important forward for effective operations but, in- Mr. TONKO. Mr. Speaker, I yield 21⁄2 this compact is to the Blackfeet Na- stead, will create a firestorm of litiga- minutes to the gentleman from Michi- tion, a nation of warriors; the State of tion. gan (Mr. KILDEE). Montana; and our great Nation, the Environmental organizations, the Mr. KILDEE. Mr. Speaker, I thank United States. fishing industry, the fisheries believe my friend from New York (Mr. TONKO) Not only has the compact receive the this language will devastate our way of for yielding and for his work advo- necessary and long signoff that in- life on the Pacific Coast. cating on behalf of the people of my volved Federal agencies, the House I, along with California, Oregon, and hometown, Flint. Natural Resources Committee, and I also want to thank colleagues on Washington Members, have urged the House leadership, it is a net benefit to both sides of the aisle: Leader PELOSI; House and Senate leadership to reject the American taxpayer. our whip, Mr. HOYER; the Speaker who similar riders in the past. I have had an I want to commend the Blackfeet committed to help make sure that we opportunity to submit amendments to warriors for all their hard work, espe- get this Flint provision through; as strip these riders in the past, but we do cially Chairman Harry Barnes for his well as other colleagues who have not have that opportunity today. guidance and leadership, and also stood with me as I have fought now for The SPEAKER pro tempore (Mr. Chairman BISHOP for his leadership. a year and a half for the people of my HOLDING). The time of the gentleman I urge my colleagues in the House hometown. has expired. Flint is a city of 100,000 people who and Senate to put politics aside and Mr. TONKO. Mr. Speaker, I yield the still can’t drink their water. This is pass this bill. gentleman an additional 30 seconds. not a question of access to water. The Mr. TONKO. Mr. Speaker, how much Mr. MCNERNEY. Republicans should water flowing through the pipes in time do I have remaining? not hold funding for water infrastruc- Flint has poisoned that city: 100,000 The SPEAKER pro tempore. The gen- 1 ture projects hostage. Instead of pit- people, 9,000 children under the age of 6 tleman from New York has 1 ⁄2 minutes ting communities against each other, affected permanently by high levels of remaining. 1 we need to support conservation, storm lead being delivered to them through Mr. TONKO. Mr. Speaker, I yield 1 ⁄2 water capture, and innovative recy- their municipal water system, caused minutes to the gentleman from New cling programs. We need real drought by careless, thoughtless decisions Jersey (Mr. PALLONE), the ranking solutions that will actually improve based on an obsession with austerity by member of the Committee on Energy water supply. the State government. And then they and Commerce who is doing a great job This is not a compromise. It sets a were told the water was safe to drink, leading us in the House. precedent for the next administration when that same State government Mr. PALLONE. Mr. Speaker, I oppose to further unravel environmental pro- knew it was not. the WIIN Act in its current form. The tections. I urge a ‘‘no’’ vote. Look, we know where we stand. No decision by Republican leadership to Mr. BUCSHON. Mr. Speaker, may I bill is perfect. This bill is far from per- include damaging legislation on Cali- ask how much time I have remaining? fect. Many of the provisions included in fornia water in an otherwise good, bi- The SPEAKER pro tempore. The gen- this legislation I disagree with. But I partisan bill is deeply disappointing. tleman from Indiana has 5 minutes re- have been fighting for my hometown Members and staff have devoted maining. and have been told to wait and wait months to the underlying package, in- Mr. BUCSHON. Mr. Speaker, I yield 1 and wait, and the people of my commu- cluding long overdue aid for the people minute to the gentleman from North nity can wait no longer. of Flint. But I cannot support the Cali- Dakota (Mr. CRAMER). Drinking water is a basic human fornia water poison pill, and I know Mr. CRAMER. I thank the gentleman right, and that should be a human that many of my colleagues in the Sen- for yielding. right exercised by the people every- ate are in the same position. Mr. Speaker, the WIIN Act includes where, including the people of my I want to thank Leader PELOSI and two provisions very important to con- hometown of Flint. Whip HOYER for working tirelessly over stituents of mine in North Dakota that Every day that passes, every week the last few months to develop this involve Bureau of Land Management that passes, every month that passes package and over the last few days to properties; and because of the House that Flint does not get the relief they save it. I hope this is not the end of the rules, I was unable to put these provi- so deserve is a day we don’t get back. story. sions in the House WRDA Act. How- More people leave. More businesses We have tried for years on the En- ever, Senator HOEVEN was able to get fail. The city gets more poor and poor ergy and Commerce Committee, Mr. them into the Senate bill; and, with and poor and incapable of moving for- Speaker, to get our Republican col- the strong support of committee lead- ward. That has to stop, and it has to leagues to work with us to strengthen ership and staff, we were able to work stop right now. It has to stop before the Safe Drinking Water Act and pro- it out and get them in the final bill. this Congress adjourns. We can’t count vide more money for infrastructure, One provision concludes an issue that on the next Congress to get this done. but they have refused. So I welcomed has been going on for years that in- Time matters. the Senate’s bipartisan passage of an

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00091 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.029 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7492 CONGRESSIONAL RECORD — HOUSE December 8, 2016 expanded WRDA that included some Finance and Innovation Act for eligible us here is not a total solution, but it is valuable changes to the Safe Drinking projects. It authorizes $20 million for a very, very good first step, and not Water Act and significant new author- the creation of a lead registry and ad- just for the arid West. There are 17 izations for infrastructure, and I was visory committee at the Department of Western States that will be assisted by pleasantly surprised that House Repub- HHS and authorizes an additional $15 this bill, but 29 States as well as Indian licans agreed to some of the changes million appropriation for the Child- Country are going to be helped, espe- and authorizations in that bill. hood Lead Poisoning Prevention Act at cially as they try to repair their aging However, the drinking water provi- CDC. It authorizes $15 million for the dams and their irrigation canals. We sions in this bill fall short of what was Healthy Start Initiative at the Depart- are finalizing Native American water included in the Senate WRDA bill; ment of HHS. It also authorizes 30 new rights settlements in California, Okla- most notably, Republicans refuse to Army Corps of Engineers projects homa, and Montana; doing land ex- support a permanent requirement that across the country, including critical changes; helping with forestry manage- projects funded through the SRF use harbor maintenance provisions that ment in the Nevada area; giving flexi- American iron and steel. That require- are vitally important in the Great bility for Californians under the prin- ment should not be controversial. It Lakes. ciple that, if it is going to rain, capture has been enacted through the appro- This fully offset package will not the water before it is lost to the ocean; priations process for years and has only serve as the basis for responding having alternative end-water develop- clear benefits for American workers to decaying lead service lines across ment programs like desalinization. All and the American economy. the country, but also responds to the of these are done without undermining b 1145 tragic toll that has been taken on the the Endangered Species Act. I say that minds and bodies of Flint’s youngest not as a virtue of the bill, but simply House Democrats have proposed sig- victims and similar communities due as a fact. nificant changes to the Safe Drinking to repeated exposures to elevated con- This bill in which we find some com- Water Act that go far beyond this bill, centrations of lead in drinking water. promise between the Senate and the including changes needed to address Simply put, Flint needs action. This House, between Republicans and Demo- dangerous drinking water contami- bipartisan legislation delivers that. I crats, is a final way of us being able to nants and the risks to drinking water urge my colleagues to vote ‘‘yes.’’ actually move forward. Let’s make from climate change. Ignoring these Mr. BUCSHON. Mr. Speaker, I yield 1 sure that we take ‘‘yes’’ as an answer. challenges won’t make them go away. minute to the gentleman from New Mr. Speaker, I reserve the balance of House Republicans need to face these Jersey (Mr. LANCE). my time. challenges in the coming months and Mr. LANCE. Mr. Speaker, I rise Mr. HUFFMAN. Mr. Speaker, I yield not undermine our efforts with poison today in very strong support of the myself such time as I may consume. pills. Water Infrastructure Improvements for WRDA has always been a bipartisan Mr. BUCSHON. Mr. Speaker, I yield 2 the Nation Act, which will provide crit- piece of legislation. I have always minutes to the gentleman from Michi- ical resources to address the needs of voted for WRDA. I voted for this gan (Mr. UPTON), the chairman of the our waterway infrastructure directly WRDA earlier in this Congress before a Committee on Energy and Commerce. affecting communities’ economy and 90-page poison pill, California water Mr. UPTON. Mr. Speaker, I rise this safety. provision, was dropped in at the very morning in support of S. 612, the Water Communities I represent have suf- last minute. Infrastructure Improvements for the fered from chronic flooding, and I am Mr. Speaker, unfortunately, I must Nation Act, and I would urge every one proud to have worked with municipal rise today in opposition to this WRDA of my colleagues to join me in that leaders in Cranford, Kenilworth, Maple- in its current form. I urge my col- support. wood, Millburn, Rahway, Springfield, leagues to vote ‘‘no’’ on it and force a As everybody knows, families in and Union, New Jersey, to include au- vote on a clean WRDA so that we can Flint, Michigan, have not been able to thorization language in this legislation have the many projects, the many ben- trust the drinking water coming out of that will complete the Rahway River efits, the aid to the people of Flint, their taps for more than 2 years. Bot- Basin Flood Risk Management Feasi- Michigan, that they so richly deserve tled water and filters are only tem- bility Study. and have waited far too long to receive. porary solutions. In August, I traveled For years, these New Jersey commu- We are here, Mr. Speaker, because, to Flint with my friend and colleague nities have pursued this project based unfortunately, the House Republicans DAN KILDEE from Michigan. We visited on its great merits that will protect have a problem with regular order. It is health facilities and homes, and we life and property. I have toured these something that they have talked a lot heard firsthand from hundreds of resi- communities and seen firsthand how about. We have heard many promises dents. No matter where we went, we the solution must come from collabo- about an open legislative process, and heard the same voices. Folks in Flint ration between local leaders, State en- yet here they come again with the lat- are tired of the partisan blame game. tities, and the Federal Government, in- est attempt to jam through dangerous They really are. They wanted answers cluding the Army Corps of Engineers. California water provisions that were and they wanted results, and that is This legislation gives the Army crafted behind closed doors, without what this bill does. Corps the directive to get it done. This public review or scrutiny, and they are That is why we worked so hard to is how Congress should work, heeding being thrown on the House floor lit- have language included in this bipar- the call of our constituents and build- erally in the final hours of this Con- tisan legislation that will authorize ing bipartisan consensus to make sure gress. funding to help improve the health of that this legislation passes. I congratu- Let’s not forget that this same last- the folks in Flint and other commu- late all those responsible. minute, closed-door maneuver, the nities who have had Federal emer- Mr. BUCSHON. Mr. Speaker, I urge same water grab, nearly torpedoed last gencies declared due to the unsafe lev- the passage of S. 612. year’s must-pass spending bill. By in- els of lead in their drinking water. I yield back the balance of my time. sisting on this parochial poison pill, Our package authorizes $100 million Mr. TONKO. Mr. Speaker, I yield majority leadership is apparently will- in Safe Drinking Water Act capitaliza- back the balance of my time. ing to risk tanking the WRDA bill no tion grants to States responding to a Mr. BISHOP of Utah. Mr. Speaker, I matter the damage to the families of Presidentially declared disaster for yield myself 2 minutes. Flint who have been waiting far too health threats associated with the One of the things we have to realize long, no matter the harm to fishing presence of lead or other drinking is we have had communities that have communities across the West, no mat- water contaminants in a public water been suffering for a long time. Our job ter how many jobs that would be cre- system. is to help people. We should be ated by WRDA might have to wait This bipartisan package also ex- ashamed that it has taken us so long to until the McCarthy rider is dealt with. presses that $20 million should be ap- try and move to a solution in these This power play feels a lot like deja proved under the Water Infrastructure particular issues. What we have before vu. Today, yet again, we are debating a

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00092 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.030 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7493 California water measure that hasn’t to pay their mortgages. We have heard legislation delivers that. It does not af- gone through the committee of juris- about boats being scrapped because the fect the Endangered Species Act. It diction or received sign-off from the af- owners can’t pay mooring fees; homes does not affect the biological opinions. fected tribal interests, the fishing in- are being repossessed; restaurants, ho- All the protections are still there. It dustry, or State and Federal water tels, and other retail and service busi- just offers a little more flexibility to agencies. nesses are struggling just to scrape by. our agencies so we can help these com- While this Congress was never given The human impact during this munities that desperately need it. the opportunity to receive expert testi- drought has been devastating on the If you care about the people of Cali- mony on these provisions, we do know many small-business owners and thou- fornia, you will look at the big picture, that the Obama administration just sands of working people across Cali- you will pay attention, and you might this week announced its strong opposi- fornia, Washington, and Oregon who actually even take some time and read tion to the California water provisions depend on healthy fisheries. This is the the actual legislation. There are no that have been added to this bill. Sen- worst time to weaken the thin line of handouts. This is something that actu- ator BOXER, one of the primary authors protections for these fragile salmon ally provides jobs with new dollars for of the WRDA bill before it was hijacked fisheries. Yet instead of increasing pro- infrastructure, with new dollars for re- with this rider, has also called these tections, as all the evidence tells us we cycling and other resources that are provisions a last-minute poison pill, need to do, this bill takes us in the op- very important, even things that I and she has vowed to do everything in posite direction. know my friends across the aisle are her power to block this bill in the Sen- Now, the State of California has supportive of, things like desaliniza- ate. called for Federal drought legislation tion. Mr. Speaker, we have heard signifi- that does not favor one region or one I think this legislation makes a lot of cant opposition to this rider from other sector of the State over another. This sense. I would love to see some more stakeholders who have warned this rider unquestionably fails that test. support. I am thankful for all the sup- Congress that thousands of fishing in- Mr. Speaker, this Congress can do port I do have across the aisle, but I dustry jobs across the Pacific Coast real things to solve California’s water am hopeful for more. I look forward to will be threatened if this bill is en- problems without pitting parts of the this. acted. State against each other. I hope one b 1200 But I do have to hand it to my col- day my House Republican colleagues leagues across the aisle about one will give up on the idea of jamming Mr. HUFFMAN. Mr. Speaker, I yield thing: they are relentless. This rider is through dangerous, divisive measures 2 minutes to the gentleman from Cali- simply the latest of many attempts to that pit fishermen against farmers, fornia (Mr. MCNERNEY). pick winners and losers during Califor- that override the interests of the tribal Mr. MCNERNEY. Mr. Speaker, I nia’s historic drought. If it is enacted, community and numerous others who thank the gentleman for yielding. the winners in this effort will certainly are suffering through California’s his- Mr. Speaker, my region has much of be some of the most powerful, politi- toric drought. the delta; I would say most of it. I am cally active corporate farmers in the Mr. Speaker, I reserve the balance of very concerned about saltwater intru- world. my time. sion with these new provisions. Salt- Consider one group of water stake- Mr. BISHOP of Utah. Mr. Speaker, I water is not something that you can holders, one group of contractors in yield 11⁄2 minutes to the gentleman drink. You can’t do much with it. It is one specific region. Now, this bill may from California (Mr. VALADAO), one of a problem. call itself a drought solution, and we the leaders in this particular effort. It is easy to sympathize—and I do— may talk about many different parts of Mr. VALADAO. Mr. Speaker, I first with the farmers and communities it, but tucked into the details is a con- want to start off with a big thank-you south of the delta, but we shouldn’t gressionally directed 100 percent water to Chairman BISHOP for all his hard just pass the problem from one region allocation for one group of water con- work these past 4 years—it has been to another. We don’t need to do this. tractors. That is one heck of a drought with his leadership and his support We can develop recycling. Israel re- solution if you have got the political that we have been able to get to this cycles 90 percent of their water. Cali- juice to get it into a bill like this. point—Chairman SHUSTER as well, and, fornia recycles 15 percent. We can cap- Fishery protections, meanwhile, will be obviously, from California, Majority ture urban and suburban storm water. gutted in order to redistribute water Leader KEVIN MCCARTHY has been a big We can stop water leakage. We can re- supplies, primarily to large industrial supporter. duce evaporative losses. We can start farms in the Central Valley. This piece of legislation is a small groundwater banking. We can create Let’s talk about the losers in this ef- step in the right direction. In no way, regional self-sufficiency, which will re- fort. It is going to be pretty much ev- shape, or form are we celebrating as if duce reliance on the delta water and eryone else. The California water rider we have reached the finish line. What solve all these problems. Instead, we will weaken fisheries protections that this does is it helps us give a little continue to do things the old way. support thousands of jobs in numerous more flexibility so we can help those A region that needs water says: Well, industries, including commercial and poor people in my communities, and they’ve got water over there. We are recreational fishing, fish processing, others south of me and even just a lit- going to get it. We are going to use our restaurants, docks and harbors, boat- tle bit north of me, who need this help politics, our money, and we are going ing, equipment supply, and tourism. desperately. to get that water. Who cares what they Pretty much everyone across the Pa- I have got people in my communities think. Who cares what happens to cific Coast who depends on healthy living in shantytowns, people who have them. fisheries for their livelihoods will be lost their jobs, schools struggling, in- By the way, adding flexibility to the hurt if this poison pill is enacted. frastructure struggling, law enforce- operations of the ESA is weakening the Thousands of fishermen and their ment on the verge of bankruptcy. I ESA. families are already hanging on by a have got police chiefs resigning now So let’s find real solutions for every- thread right now. Because of this because there are just not enough re- one. Please oppose this bill. drought, fishery managers have se- sources in these communities, all be- Mr. BISHOP of Utah. Mr. Speaker, I verely restricted the commercial fish- cause of bad legislation that was yield 1 minute to the gentleman from ing season off the West Coast because passed. California (Mr. COSTA). of high salmon mortality in California. We have had 20 years of restrictions Mr. COSTA. Mr. Speaker, this is a Last year we had a 97 percent mor- on water. It has not helped one single good bill for Flint, Michigan. It is a tality rate for juvenile Sacramento species. The species are on the verge of good bill for WRDA projects across the River winter-run salmon. The year be- extinction, and these policies have country. It is a good bill for California. fore that it was a 95 percent mortality. been place. Everybody knows that we have experi- These are tough times for fishermen Why not try something different? enced over 5 years of drought condi- around the West. They are struggling Why not try some common sense? This tions, the driest in 1,200 years.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00093 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.032 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7494 CONGRESSIONAL RECORD — HOUSE December 8, 2016 I reject the notion that somehow serted 100-page rider that would weak- other member of the California delega- there is a poison pill. This is a bipar- en protections for West Coast fisheries, tion who has been working tirelessly tisan effort that Senator FEINSTEIN, primarily to redirect water to large on this issue. House Republicans, myself, and other corporate farms in one section of Cali- Mr. LAMALFA. Mr. Speaker, I thank Members from California have worked fornia. This rider threatens the jobs of the chairman greatly for this oppor- on for 2 years. As a matter of fact, thousands of fishermen and others tunity, and all who have had a role in some of the opponents of this legisla- across the West Coast who depend on this; Chairman SHUSTER as well. This tion have provisions in this measure healthy fish runs for their livelihoods. is a bipartisan effort. It truly is a bi- that they supported and advocated My colleagues and I will be voting partisan effort. Senator FEINSTEIN insert. today, soon, on a 100-page proposal I thank Senator FEINSTEIN for com- The Obama administration drafted that has not been reviewed by the nu- ing forward and being a strong voice on environmental protections, and one of merous affected stakeholders, the com- this as well. So it is a bipartisan, bi- the red lines was that it would not mittees of jurisdiction, nearly every cameral effort. These long-term nego- modify or amend the Endangered Spe- Member of Congress, or the general tiations didn’t happen just overnight. cies Act, nor would it change the bio- public. Indeed, since it is water in California, logical opinions. Those are simply This rider fundamentally threatens most of this takes many years. falsehoods. Falsehoods. the original WRDA bill that had bipar- These provisions will modernize Cali- This bill authorizes $580 million to tisan support in the House and bi- fornia’s water supply system in the offset for storage, recycling, and reuse cameral support as well. What makes short term and invest in new infra- and desalinization. That is very impor- things worse is this poison pill rider structure to secure the State’s eco- tant. That is part of what the last now jeopardizes the approval of several nomic future—a very critical one. This speaker just talked about: recycling pending Indian water rights settle- agreement improves water supply for and reuse and water conservation. ments that are included in the original all Californians. More supply helps ev- It also provides programs to benefit WRDA bill. The tribes whose water set- eryone, north and south, and uses the fish and wildlife. It also works within tlements are now jeopardized by this latest science to provide more water the framework of the existing biologi- poison pill have been waiting, in many without harming wildlife in any way. cal opinions. cases, to settle their claims for decades It does not harm wildlife. The SPEAKER pro tempore (Mr. and even more. From a northern California perspec- DOLD). The time of the gentleman has Just one of the water settlements tive, this agreement achieves several expired. major goals, including ironclad protec- Mr. BISHOP of Utah. Mr. Speaker, I jeopardized by the House Republicans’ yield the gentleman an additional 30 latest stunt is for the Blackfeet Na- tions of northern California water seconds. tion. The Blackfeet Nation, as men- rights, improving water supply reli- Mr. COSTA. Mr. Speaker, I reject the tioned by another colleague, has been ability, and authorizes construction, fi- notion that these are poison pills. Peo- trying for more than a century to pro- nally, of Sites Reservoir, a key project ple in my district and in their homes tect and secure its water rights. Fi- that has been talked about for years and my colleagues have been without nally, we have a water settlement for that will help California’s future sup- water, in some cases, for 2 years. This the Blackfeet Nation that, once ap- ply needs. is not like a Third World country. This proved by Congress, would provide While this bill is a significant step in is the richest country in the world, but funding to conduct and rehabilitate the right direction, it is not the be-all farm communities, farmers, and farm- Blackfeet Nation’s water infrastruc- and end-all. It is not the comprehen- workers are suffering. ture so tribal residents can finally have sive solution. It is a compromise. No This legislation would place a step in reliable and safe drinking water. one gets everything they want. Any the right direction to provide people Currently, at least 30 percent of res- honest observer will recognize that this support to correct this broken water ervation residents live in housing that agreement provides more water and system that we have in California. I lacks adequate plumbing or kitchen fa- does so without altering the Endan- urge the support of this legislation not cilities. For the richest country in the gered Species Act or other environ- only for the people of California, but world, it is an embarrassment that our mental requires. It deserves your sport. for Flint, Michigan, and the entire Native American brothers and sisters Those that are opposed to it seem to country. This is a bipartisan process continue to live in those conditions. be just on the fringe, far edge of the en- and this legislation reflects that fact. This Republican House has not fund- vironmental movement. Let’s get this Mr. HUFFMAN. Mr. Speaker, I yield ed an Indian water rights settlement in done. I enjoy the fact that we have all myself such time as I may consume. nearly 6 years. After years of work, we come together, by and large, for a Mr. Speaker, there is a reason that are as close as we have ever been to en- strong bipartisan effort. every environmental group that is en- acting a settlement since Democrats Mr. BISHOP of Utah. Mr. Speaker, I gaged on this and the Obama adminis- controlled the House. Yet, my House yield 11⁄2 minutes to the gentleman tration are opposing this language. It Republican colleagues have decided from California (Mr. MCCLINTOCK), who is not harmless. It is not perfectly fine this week that doing a favor for their is one of our subcommittee chairmen with the ESA. It is a congressional special interest allies is worth the risk on the Natural Resources Committee. override of the scientific, peer-reviewed of jeopardizing the approval of every Mr. MCCLINTOCK. I thank the chair- biological opinions that does grave Indian water rights settlement that is man for yielding. harm to the ESA and sets a terrible part of the original legislation. Mr. Speaker, like any compromise, I precedent. But there are other prob- This behavior is wrong and shows don’t like everything in this bill, but lems with the bill, as well. that this congressional majority con- the net effect is an important step for- Mr. Speaker, I yield 3 minutes to the siders the needs of Indian country less ward in protecting California and its gentleman from Arizona (Mr. GRI- important than pushing a sweetheart environment against devastating JALVA), my colleague and ranking deal for some of the most powerful cor- droughts, and it protects Lake Tahoe member of the Natural Resources Com- porate farmers in the world. against catastrophic wildfires. mittee. It is time for this Congress to finally My colleague from California says Mr. GRIJALVA. Mr. Speaker, I re- pay attention, take the needs of Indian the California provisions are a sudden gret that, once again, we are here country seriously, and bring us a clean surprise to him in this water develop- today to discuss a divisive, last-minute WRDA bill that has bipartisan, bi- ment bill. Well, he needs to pay more attempt by House Republicans to jam cameral support so that we can take attention to the business on the floor. through destructive legislation that fa- action, protect those Indian water These provisions have all been in water vors House Republicans’ special inter- rights, and deal with the very impor- development bills passed by bipartisan ests, industry friends at the expense of tant question of Flint. majorities from this House over the everybody else. Mr. BISHOP of Utah. Mr. Speaker, I past 6 years. This week, I and nearly every one yield 11⁄2 minutes to the gentleman If he were truly concerned about the else saw for the first time a newly in- from California (Mr. LAMALFA), an- salmon, he should be supporting this

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00094 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.033 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7495 bill. This bill encourages the fish portant steps toward improving the distribu- DECEMBER 7, 2016. hatcheries to produce burgeoning and tion of water to wildlife refuges in the Cen- Hon. MITCH MCCONNELL, abundant populations of salmon. tral Valley. Majority Leader, U.S. Senate, Washington, DC. It finally controls the nonnative Water supply development takes a great Hon. HARRY REID, predators in the delta that are, by far, toll on wetlands and any new water supply Minority Leader, U.S. Senate, the biggest single threat to salmon and legislation must not further exacerbate this Washington, DC. smelt and other endangered species. trend. The Central Valley Project Improve- Hon. PAUL D. RYAN, The reservoirs are our most impor- ment Act (CVPIA) was a critical step toward Speaker of the House, House of Representatives, tant defense against drought, ensuring mitigating the environmental damage Washington, DC. year-round water flows. Without res- caused by decades of large-scale water devel- Hon. NANCY PELOSI, ervoirs, in a drought, the water heats opment in California. A sustainable water fu- Minority Leader, House of Representatives, to lethal temperatures and often dries ture requires diligent preservation of that Washington, DC. Re Support for S. 612—the Water Infrastruc- up. There are no fish. mitigation program, plus new innovations in ture Improvements for the Nation Act In addition, this bill provides $335 water supply resilience. DEAR MAJORITY LEADER MCCONNELL, million to increase our desperately Specifically, the bill protects water sup- SPEAKER RYAN, MINORITY LEADER REID, AND needed reservoirs. It adds flexibility to plies for Central Valley Project (CVP) wild- MINORITY LEADER PELOSI: On behalf of the management of the New Melones Res- life refuges by including refuge contractors National Congress of American Indians (NCAI), the United South and Eastern Tribes ervoir. It streamlines water transfers in its water right provisions, and by ex- (USET) Sovereignty Protection Fund, and to assure water can be more efficiently pressly protecting the Department of Inte- moved to where it is most needed. It the Inter Tribal Association of Arizona rior’s obligations under the CVPIA. It au- (ITAA), we write to urge this Congress to adds strong protection to the northern thorizes an additional $10 million in funding pass S. 612—the Water Infrastructure Im- California area of origin water rights, over five years to improve refuge water con- provements for the Nation Act (WIIN Act). expedites approval of projects, and up- veyance infrastructure. Implementation of The WIIN Act contains many provisions that dates flood control criteria to make this bill would likely increase the reliability will benefit Indian Country’s water infra- better use of our existing reservoirs. of refuge water supplies delivered by the De- structure, provide access to clean drinking The SPEAKER pro tempore. The partment of Interior through the Sac- water and improvements to waste water sys- tems, settle several Tribal water rights time of the gentleman has expired. ramento-San Joaquin Delta. It also author- claims, and provide parity for Tribal Nations Mr. BISHOP of Utah. Mr. Speaker, I izes funding for water storage projects that in water resources development projects. yield the gentleman an additional 30 provide federal benefits, including wildlife First, S. 612 enhances the ability of Tribal seconds. refuge benefits. Nations to address water infrastructure Mr. MCCLINTOCK. One more point California annually hosts one of the great- projects that benefit their citizens. Tide I of on our fragile environment. This bill est concentrations of migratory waterfowl in the Act amends Section 1156 of the Water Re- sources Development Act making Tribes eli- addresses the single greatest cata- North America, serving as the wintering gible for the cost sharing waiver for water strophic threat to Lake Tahoe—cata- home to millions of waterfowl, shorebirds strophic wildfire—by expediting the re- resources development projects, and extends and other wetland-dependent species. The this waiver to Tribes for assistance with duction of dangerous fuel loads. majority of migratory birds that frequent water planning. Tribes can also request fea- Mr. Speaker, I urge its adoption. Alaska, Washington and Oregon spend their sibility studies on water resources develop- Mr. HUFFMAN. Mr. Speaker, I yield winters in California, especially on winter- ment projects and enter into partnerships back the balance of my time. flooded rice fields. Rice agriculture in Cali- and cooperative agreements with the Army Mr. BISHOP of Utah. Mr. Speaker, I fornia plays a crucial role in fulfilling the Corps of Engineers (Corps) regarding water yield myself the balance of my time. annual life cycle needs of numerous Pacific resources data. Further, Alaska Native Vil- Mr. Speaker, let me say in conclusion Flyway birds. These migratory visitors pro- lages, Regional Corporations, and Village Corporations will be able to enter into agree- that we have been talking about this vide countless hours of enjoyment to hunters issue for the last 5 years. We have had ments to construct water projects. and birdwatchers throughout the Pacific With the recent national focus on tribal four bills that have been brought forth Flyway. As a result, migratory waterfowl concerns regarding the infrastructure per- on this issue. We passed this one this are also an important economic driver across mitting process at the Corps, the WIIN Act year as well. the region, especially in California. Sports- allows for a full review of the Corps’ proce- One would assume by a lot of the dis- men, including waterfowlers, contribute $3.5 dures. The bill requires the Corps to conduct cussion you just heard that this is only billion annually to California’s economy. tribal consultations and issue a report to a California issue. It is not. These pro- The birds of the Pacific Flyway are a shared Congress within 1 year on how its existing visions affect the entire West and en- resource, requiring the stewardship of not policies, regulations, and guidance related to tribal consultation on water resources devel- tire Nation; 29 States. It affects my only California, but of all Western states, as opment projects, or activities requiring the State, and I am not from California. It well as Canada and Mexico, as they migrate issuance of a permit, many have an impact is important. It is based on the simple, thousands of miles between their breeding on tribal cultural or natural resources. commonsense idea that when it rains, grounds and winter homes. Title I also repatriates the remains of the store the water before you lose it to Please feel free to contact me with any Ancient One (Kennewick Man) back to the the ocean. That is there. questions regarding our assessment of the Tribes who have claimed him so he can be re- spectfully treated and properly buried pursu- Mr. Speaker, I include in the RECORD California Drought provisions in the WIIN ant to traditional practices. The Ancient a letter from Ducks Unlimited sup- Act and their importance to California’s porting this bill. I think they are going One’s repatriation is a longstanding request wildlife refuges and the millions of birds in from Indian Country and will put an end to to be happy to know that I guess they the Pacific Flyway that visit these wetland the disrespectful treatment of his ancestral are not an environmental group any- habitats each year. remains and allow for healing to begin. more. Sincerely, Further, several sections of Title II of S. DUCKS UNLIMITED, H. DALE HALL, 612 allow Tribal Nations to build technical December 6, 2016. Chief Executive Officer, Ducks Unlimited. capacity and self-sufficiency in admin- President BARACK OBAMA, istering water programs and projects. The The White House, Mr. BISHOP of Utah. Mr. Speaker, I legislation amends the Safe Drinking Water Washington, DC. also would like to realize that there Act (SDWA) to ensure the availability of DEAR MR. PRESIDENT: Ducks Unlimited are Native American water rights that funding for Tribal water and waste water op- (DU) is supportive of the Water Infrastruc- have been included in this bill in Mon- erator training and certification programs ture Improvements for the Nation (WIEN) for Tribal organizations and Tribal con- Act. On behalf of our more than one million tana, in Oklahoma, and in California, sortia, which already have provided over members and supporters nationwide, DU has to the point that the National Congress 2,500 certifications to personnel employed by worked closely with Senator Feinstein over of American Indians has also endorsed approximately 115 Tribal Nations. It also the past two years to ensure that water and this bill, which I include in the creates a new section in SDWA to provide as- water rights critical to California’s wildlife sistance to small and disadvantaged commu- RECORD. refuges were not diminished in California nities to prioritize projects in consultation Drought Legislation. We believe the drought with Tribes, States, and local governments. provisions now included in the WIIN Act Additionally, S. 612 recognizes the out- safeguard existing water rights and take im- standing maintenance and repair needs for

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00095 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.034 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7496 CONGRESSIONAL RECORD — HOUSE December 8, 2016 existing water infrastructure projects in In- Mr. GENE GREEN of Texas. Mr. Speaker, 2. Equips communities with programs and dian Country. Title III contains a provision I rise in support of S. 612, that reauthorizes activities to reduce concentrations of lead in on Indian dams, based on S. 2717—the DRIFT the Water Resource Development Act. WRDA drinking water, including the replacement of Act, which addresses the deferred mainte- is once again a bipartisan bill with broad sup- nance needs of Bureau of Indian Affairs lead service lines; dams, reforms the Corps’ Tribal Partnership port. This bill protects and develops our com- 3. Empowers states and provides flexibility Program to pay for feasibility studies for munities and our waterways. to incorporate underserved communities that flood mitigation and prevention in Indian As one of many members who represent a have inadequate drinking water systems, and Country, and creates a Tribal Safety of major port, I know firsthand that ports are aids smaller, lower-income communities, Dams Committee. This Title also provides enormous economic engines for growth. tribes, and states in water quality testing and for the much needed repair, replacement, and The Port of Houston has allowed Houston general compliance with Safe Drinking Water maintenance of back logged Indian irriga- and Harris County to be the energy capital of Act requirements; tion programs in the west by creating an In- the world. The jobs and economic growth, in- 4. Benefits communities by requiring public dian Irrigation Fund at the Bureau of Rec- cluding refining and manufacturing, associated lamation based on S. 438—the IRRIGATE water systems to notify customers if the utility with the Port are a driver for the entire region. is exceeding federal drinking water lead action Act. This WRDA bill provides essential federal The WIIN Act will also finalize water levels, similar to H.R. 4470 which passed the support for the Houston Ship Channel dredg- rights settlements for the Pechanga Band of House 416–2; ing to 50 feet which will allow for larger, deep- Luiseno Mission Indians, Blackfeet Nation, 5. Creates a voluntary program for testing er draft ships that will increase trade at Amer- the Choctaw Nation of Oklahoma and the for lead in school and childcare center drinking Chickasaw Nation, and amendment to the ica’s second busiest port. The bill also mod- water; San Luis Rey Band of Mission Indians’ water ernizes how partners can work with the Army 6. Promotes transparency and accountability settlement. Moreover, it takes land into Corps of Engineers to develop projects for by creating a clearinghouse of public informa- trust for the Tuolumne Band of Me-Wuk In- local and national benefit as we move forward. dians, Tule River Indian Tribe, and ex- Additionally, flood control projects in this bill tion on the cost-effectiveness of alternative changes land for the Morongo Band of Mis- drinking water delivery systems, including sys- sion Indians. Finally, S. 612 contains a mech- preserve our communities that are facing in- creased hazards from record rainfall and rising tems that are supported by wells; and anism for the Environmental Protection 7. Authorizes research on innovative water Agency to reimburse costs incurred by sea levels. The support for the Brays Bayou Tribes, States, and local governments after project will help shield areas that have been technologies, including those that identify and the Gold King Mine spill in August of 2015. devastated by deadly flooding earlier this year. mitigate sources of drinking water contamina- While these are just selected highlights I am proud to support a bipartisan bill that tion and improve compliance with the Safe from the legislation, the WIIN Act takes both supports our economic development and Drinking Water Act. great steps towards improving water infra- protects our vulnerable communities. Mr. Speaker, I am also very pleased that structure programs and development in In- Ms. JACKSON LEE. Mr. Speaker, I rise in the bill before us addresses the need of fund- dian Country. NCAI, USET Sovereignty Pro- ing that Flint, Michigan has been experiencing, tection Fund, and ITAA strongly urge you to support of S. 612, the ‘‘Water Infrastructure consider and pass S. 612 in the last legisla- Improvement Act,’’ as amended, which author- authorizing $170,000,000 to be used to repair tive days of the 114th Congress to resolve izes variety of U.S. Army Corps of Engineers or replace private infrastructure in commu- many important water-related concerns of water resources development projects, feasi- nities that the President has declared to be in Tribal Nations. If you have any questions, bility studies, and relationships with nonfederal an emergency. please contact Colby Duren, NCAI Staff At- project sponsors. For the past two years, Flint, Michigan has torney & Legislative Counsel. I thank Chairman SHUSTER and Ranking lived in a state of fear, having to drink from Sincerely, Member DEFAZIO for their work in shepherding bottles of filtered water in order to completely BRIAN CLADOOSBY, this legislation to the floor and for their com- avoid lead poisoning and contamination. President, National mitment to addressing the needs of America’s Congress of Amer- Citizens of Flint, Michigan had to abandon ican Indians. harbors, locks, dams, flood protection, and their homes and the residents had to be com- KIRK FRANCIS, other water resources infrastructure critical to pensated for their property as well as be pro- President, United the nation’s health, economic competitiveness vided for regarding current and future health South and Eastern and growth. conditions that arise from the contamination by Tribes Sovereignty I am pleased that the bill before us provides polluted water. Protection Fund. authorization for several water projects critical Wired Magazine estimated that most of the SHAN LEWIS, to my State of Texas: corroded pipes in Flint—20,000 to 25,000 in President, Inter Tribal 1. Brazos River, Fort Bend County, Association of Ari- total—are one inch in diameter, and connect Texas.—Project for flood damage reduction in homes to the larger, main pipes running under zona, Vice-Chair- the vicinity of the Brazos River, Fort Bend man, Fort Mojave the middles of streets. Indian Tribe. County, Texas. The project of replacing all lead pipes will 2. Chacon Creek, City of Laredo, Texas.— Mr. BISHOP of Utah. Mr. Speaker, need a city-wide lead pipe map. Project for flood damage reduction, ecosystem The water pipes are buried at a depth of 3.5 these things are important, but the restoration, and recreation, Chacon Creek, city goal right here is to realize we are not feet to put them below the frost line, and will of Laredo, Texas. need to be extracted. after fear-mongering. We are after 3. Corpus Christi Ship Channel, Texas.— The Michigan’s state report produced in ways we can actually help people. That Project for navigation, Corpus Christi Ship September 2015 on replacing all lead pipes in is the goal. Help our communities. Channel, Texas. That has to take place. 4. City of El Paso, Texas.—Project for flood the city of Flint places the per-household cost I am appreciative that the senior damage reduction, city of El Paso, Texas. at between $2–8,000. Senator from California, DIANNE FEIN- 5. Gulf Intracoastal Waterway, Brazoria and The report estimates that it would take fif- STEIN, a Democrat, as well as the ma- Matagorda Counties, Texas.—Project for navi- teen year to completely replace lead pipes at jority leader in the House, Mr. MCCAR- gation and hurricane and storm damage re- an estimated cost of $ 60 million. THY, a Republican, have all agreed on duction, Gulf Intracoastal Waterway, Brazoria Flint Mayor Karen Weaver announced that this package. and Matagorda Counties, Texas. her goal would be to replace 13,000 lead We are the States where all of a sud- 6. Port of Bay City, Texas.—Project for navi- pipes at a cost of $2–3,000 for each pipe for den, in a bipartisan and bicameral way, gation, Port of Bay City, Texas. a total of about $42 million. we have found a solution to move us Additionally, the bill includes changes to the No one knows the reality of undertaking a forward. That is why I am saying, when Safe Drinking Water Act and the Solid Waste massive effort such as what will be needed, the answer is yes, let’s take yes. Disposal Act to help communities, particularly so the cost could easily be much higher than Vote ‘‘yes’’ on this provision, vote economically distressed ones, pursue better estimates. ‘‘yes’’ on this bill. It moves us forward. quality drinking water and obtain certainty for Flint cannot be another Katrina where the It is not a solution that is perfect, but protecting a community’s economic, environ- poor, people of color and marginalized are it moves us forward in a way we mental, and public health well-being in the fol- shutout of jobs as well as the political and de- haven’t been able to do in the last dec- lowing ways: cision making processes regarding their ade. 1. Empowers small and economically dis- homes, neighborhoods or city. Mr. Speaker, I yield back the balance advantaged communities to improve their Replacing the lead pipes of Flint, must in- of my time. drinking water services; clude the cost of repairing homes that will be

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00096 Fmt 4634 Sfmt 9920 E:\CR\FM\A08DE7.023 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7497 damaged to access the pipes; repaving drive- Carolina, Representative WALTER colleagues, this is our chance to send a ways, or re-sodding lawns that are dug up to JONES, was rejected yesterday at the message and tell the American workers get to pipes, and restoring sidewalks that are Rules Committee by a party-line vote. and American manufacturers that we damaged to access pipe. Our amendment would have made the have got their back by passing this mo- These costs can easily put another $40–50 Buy American provisions for EPA’s tion to recommit. million in addition cost to lead pipe replace- Drinking Water State Revolving Fund It just does one simple thing. It ment. permanent, matching all other clean changes this 1-year provision to perma- Further, the current and long term health ef- water programs and all other Federal nent, just like the Senate bill that got fects on residents must be addressed. infrastructure programs. I want to re- sent down here and every other infra- These massive costs that Flint will incur emphasize that. Every other program, structure bill that we do in this coun- cannot be placed on the shoulders of Michi- Federal infrastructure programs, clean try. gan alone. water programs, have permanent Buy Colleagues, let’s not send the signal We will continue to work to help the people American provisions. to China that America is open for them of Flint, Michigan in order to restore them to So the question is: Why does this bill to dump their steel and put our compa- health and bring them out of this crisis. just have a 1-year provision? nies and our workers out of jobs. Let’s The SPEAKER pro tempore. All time If you don’t think that sends a signal tell American companies and American for debate has expired. to China that 1 year from today they workers that this Congress has their Pursuant to House Resolution 949, can start dumping steel over in the back. the previous question is ordered on the United States and undercutting our Vote for this motion to recommit bill, as amended. steel industry and our steelworkers, and let’s stick up for the American The question is on the third reading then you are not living on the same worker and our American manufactur- of the bill. planet that I am. ers. The bill was ordered to be read a The Senate passed their bill, includ- Mr. Speaker, I yield back the balance third time, and was read the third ing language making the Buy Amer- of my time. time. ican requirement for the Drinking Mr. SHUSTER. Mr. Speaker, I rise in Water State Revolving Fund perma- b 1215 opposition to the motion to recommit. nent, with an overwhelming bipartisan The SPEAKER pro tempore. The gen- MOTION TO RECOMMIT vote, 95–3. tleman from Pennsylvania is recog- House Republican leadership, for Mr. MICHAEL F. DOYLE of Pennsyl- nized for 5 minutes. some unexplained reason, replaced this vania. Mr. Speaker, I have a motion to Mr. SHUSTER. Mr. Speaker, I thank bipartisan Senate language with a 1- recommit at the desk. my good friend from western Pennsyl- year extension at the last minute. I The SPEAKER pro tempore. Is the vania. I support Buy American provi- don’t understand why we would do this, gentleman opposed to the bill? sions, and, of course, as he mentioned, Mr. MICHAEL F. DOYLE of Pennsyl- why we would undercut the American steel industry; but I believe that their there is a 1-year provision in this. I vania. I am opposed to it in its current just disagree—this is not the process form. actions send a clear message to those folks in the steel mills around our for doing this moving forward. I believe The SPEAKER pro tempore. The it will kill the bill. Clerk will report the motion to recom- country that we don’t have their back. These hardworking Americans de- This is a good bill. It was carefully mit. negotiated with our counterparts in The Clerk read as follows: pend on manufacturing jobs to support their families, and they have suffered the Senate and both sides of the aisle. Mr. Michael F. Doyle of Pennsylvania It represents a lot of—months and moves to recommit the bill S. 612 to the because of Chinese steel dumped in our markets. U.S. steel mills have closed. months of hard work. Committee on Energy and Commerce with First, the bill will create jobs. It instructions to report the same back to the American steelworkers have lost their House forthwith, with the following amend- jobs, and others have had their hours keeps American jobs in America by ment: cut. strengthening or competitiveness and In section 2113, in the matter proposed to This is personal to me. My father grows our economy, and it will be in- be inserted into section 1452(a) of the Safe supported our family working in a steel cluding American steel in it. Drinking Water Act as paragraph (4)(a), mill, just like his father before him. Second, it is a fiscally responsible strike ‘‘During fiscal year 2017, funds’’ and They supported their families through bill. We fully offset it. It reduces a def- insert ’’Funds’’. these tough, dangerous jobs, like mil- icit by a half a billion dollars. The SPEAKER pro tempore. Pursu- lions around the country. There is dig- Finally, it reasserts congressional ant to the rule, the gentleman from nity in that work, and we need to make authority by restoring the 2-year cycle Pennsylvania is recognized for 5 min- sure that Congress doesn’t kill that of considering WRDA bills. It returns utes in support of his motion. dignity, along with the kind of jobs us to regular order, preventing Mr. MICHAEL F. DOYLE of Pennsyl- Americans can support a family on. unelected bureaucrats from making de- vania. Mr. Speaker, this is the final U.S. tax dollars should support cisions on our Nation’s water infra- amendment to the bill, which will not American manufacturers and help pre- structure. kill the bill or send it back to com- serve hardworking families across this So stopping the bill now, I don’t mittee. If adopted, the bill will imme- Nation. I think these workers and their think, is the right thing to do. Let’s diately proceed to final passage, as families deserve more certainty and pass it. Let’s continue to work to- amended. more support. gether to get strong, Buy American Mr. Speaker, I rise today in support President-elect Trump said just last provisions as we move forward, which of this motion to recommit in order to week: ‘‘We have two simple rules when is something I do support. So I urge a significantly improve this bill by re- it comes to this massive rebuilding ef- ‘‘no’’ vote at this time. storing the bipartisan Buy American fort: Buy American and hire Amer- Mr. Speaker, I yield back the balance language that was inextricably ican.’’ of my time. stripped over the last 3 days. Now, the President-elect and I may The SPEAKER pro tempore. Without The WIIN Act provides important be from different parties, but we cer- objection, the previous question is or- funding for ports, harbors, and water- tainly agree on that. dered on the motion to recommit. ways around the country. I think infra- I have had Members from both sides There was no objection. structure issues like this bill should be of the aisle come up to me and say that The SPEAKER pro tempore. The something we can all agree on. In fact, they support our amendment, and that question is on the motion to recommit. they have been historically bipartisan. they would vote for it on the floor. The question was taken; and the Then again, I also think that support Members on both sides of the aisle at Speaker pro tempore announced that for hardworking Americans should also Rules spoke in favor of this amend- the noes appeared to have it. be bipartisan. I was disappointed that ment. Mr. MICHAEL F. DOYLE of Pennsyl- my bipartisan amendment, offered by Well, we didn’t get the vote we want- vania. Mr. Speaker, on that I demand myself and my good friend from North ed out of the Rules Committee, but, the yeas and nays.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00097 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.018 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7498 CONGRESSIONAL RECORD — HOUSE December 8, 2016 The yeas and nays were ordered. as are necessary to cover one-half of the costs of and any associated environmental documenta- The SPEAKER pro tempore. Pursu- construction, replacement, rehabilitation, and tion. ant to clause 8 of rule XX and the order expansion of inland waterways projects shall be REGULATORY PROGRAM of the House today, further proceedings derived from the Inland Waterways Trust Fund, For expenses necessary for administration of except as otherwise specifically provided for in on this question will be postponed. laws pertaining to regulation of navigable law: Provided, That funds made available under waters and wetlands, $200,000,000, to remain f this heading for shore protection may be available until September 30, 2018. prioritized for projects in areas that have suf- ENERGY AND WATER DEVELOP- fered severe beach erosion requiring additional FORMERLY UTILIZED SITES REMEDIAL ACTION MENT AND RELATED AGENCIES sand placement outside of the normal beach re- PROGRAM APPROPRIATIONS ACT, 2016 nourishment cycle or in which the normal beach For expenses necessary to clean up contami- Mr. ROGERS of Kentucky. Mr. renourishment cycle has been delayed. nation from sites in the United States resulting from work performed as part of the Nation’s Speaker, pursuant to House Resolution MISSISSIPPI RIVER AND TRIBUTARIES For expenses necessary for flood damage re- early atomic energy program, $103,000,000, to re- 949, I call up the bill (H.R. 2028) making main available until expended. appropriations for energy and water de- duction projects and related efforts in the Mis- FLOOD CONTROL AND COASTAL EMERGENCIES velopment and related agencies for the sissippi River alluvial valley below Cape Girardeau, Missouri, as authorized by law, For expenses necessary to prepare for flood, fiscal year ending September 30, 2016, $368,000,000, to remain available until expended, hurricane, and other natural disasters and sup- and for other purposes, with the Senate of which such sums as are necessary to cover port emergency operations, repairs, and other amendment thereto, and ask for its im- the Federal share of eligible operation and activities in response to such disasters as au- mediate consideration. maintenance costs for inland harbors shall be thorized by law, $30,000,000, to remain available The Clerk read the title of the bill. derived from the Harbor Maintenance Trust until expended. The SPEAKER pro tempore. The Fund. EXPENSES Clerk will designate the Senate amend- OPERATION AND MAINTENANCE For expenses necessary for the supervision ment. For expenses necessary for the operation, and general administration of the civil works Senate amendment: maintenance, and care of existing river and har- program in the Army Corps of Engineers head- bor, flood and storm damage reduction, and quarters and the division offices; and for costs Strike all after the enacting clause and in- aquatic ecosystem restoration projects, and re- sert the following: allocable to the civil works program of manage- lated projects authorized by law; providing se- ment and operation of the Humphreys Engineer That the following sums are appropriated, out curity for infrastructure owned or operated by Center Support Activity, the Institute for Water of any money in the Treasury not otherwise ap- the Corps, including administrative buildings Resources, the United States Army Engineer Re- propriated, for energy and water development and laboratories; maintaining harbor channels search and Development Center, and the United and related agencies for the fiscal year ending provided by a State, municipality, or other pub- States Army Corps of Engineers Finance Center, September 30, 2017, and for other purposes, lic agency that serve essential navigation needs $180,000,000, to remain available until September namely: of general commerce, where authorized by law; 30, 2018, of which not more than $5,000 may be TITLE I surveying and charting northern and north- used for official reception and representation CORPS OF ENGINEERS—CIVIL western lakes and connecting waters; clearing purposes and only during the current fiscal and straightening channels; and removing ob- DEPARTMENT OF THE ARMY year: Provided, That no part of any other ap- structions to navigation, $3,173,829,000, to re- propriation provided in this title shall be avail- CORPS OF ENGINEERS—CIVIL main available until expended, of which such able to fund such activities in the Army Corps of The following appropriations shall be ex- sums as are necessary to cover the Federal share Engineers headquarters and division offices: pended under the direction of the Secretary of of eligible operation and maintenance costs for Provided further, That any Flood Control and the Army and the supervision of the Chief of coastal harbors and channels, and for inland Coastal Emergencies appropriation may be used Engineers for authorized civil functions of the harbors shall be derived from the Harbor Main- to fund the supervision and general administra- Department of the Army pertaining to river and tenance Trust Fund; of which such sums as be- tion of emergency operations, repairs, and other harbor, flood and storm damage reduction, come available from the special account for the activities in response to any flood, hurricane, or shore protection, aquatic ecosystem restoration, Army Corps of Engineers established by the other natural disaster. and related efforts. Land and Water Conservation Fund Act of 1965 OFFICE OF THE ASSISTANT SECRETARY OF THE shall be derived from that account for resource INVESTIGATIONS ARMY FOR CIVIL WORKS protection, research, interpretation, and mainte- For expenses necessary where authorized by nance activities related to resource protection in For the Office of the Assistant Secretary of law for the collection and study of basic infor- the areas managed by the Army Corps of Engi- the Army for Civil Works as authorized by 10 mation pertaining to river and harbor, flood and neers at which outdoor recreation is available; U.S.C. 3016(b)(3), $5,000,000, to remain available storm damage reduction, shore protection, and of which such sums as become available until September 30, 2018. aquatic ecosystem restoration, and related from fees collected under section 217 of Public GENERAL PROVISIONS—CORPS OF needs; for surveys and detailed studies, design Law 104–303 shall be used to cover the cost of ENGINEERS—CIVIL work, and plans and specifications of proposed operation and maintenance of the dredged mate- river and harbor, flood and storm damage re- (INCLUDING TRANSFER OF FUNDS) rial disposal facilities for which such fees have duction, shore protection, and aquatic eco- SEC. 101. (a) None of the funds provided in been collected: Provided, That 1 percent of the system restoration projects, and related efforts title I of this Act, or provided by previous appro- total amount of funds provided for each of the prior to construction; for restudy of authorized priations Acts to the agencies or entities funded programs, projects, or activities funded under projects, and related efforts; and for miscella- in title I of this Act that remain available for this heading shall not be allocated to a field op- neous investigations, and, when authorized by obligation or expenditure in fiscal year 2017, erating activity prior to the beginning of the law, surveys and detailed studies, and plans shall be available for obligation or expenditure fourth quarter of the fiscal year and shall be and specifications of projects prior to construc- through a reprogramming of funds that: available for use by the Chief of Engineers to tion, $126,522,000, to remain available until ex- (1) creates or initiates a new program, project, fund such emergency activities as the Chief of pended. or activity; Engineers determines to be necessary and appro- (2) eliminates a program, project, or activity; CONSTRUCTION priate, and that the Chief of Engineers shall al- (3) increases funds or personnel for any pro- For expenses necessary for the construction of locate during the fourth quarter any remaining gram, project, or activity for which funds have river and harbor, flood and storm damage re- funds which have not been used for emergency been denied or restricted by this Act, unless duction, shore protection, and aquatic eco- activities proportionally in accordance with the prior approval is received from the House and system restoration projects, and related projects amounts provided for the programs, projects, or Senate Committees on Appropriations; authorized by law; for conducting detailed stud- activities: Provided further, That of the funds (4) proposes to use funds directed for a spe- ies, design work, and plans and specifications, provided herein, for any Corps of Engineers cific activity for a different purpose, unless of such projects (including those involving par- project located in a State in which a Bureau of prior approval is received from the House and ticipation by States, local governments, or pri- Reclamation project is also located, any non- Senate Committees on Appropriations; vate groups) authorized or made eligible for se- Federal project regulated for flood control by (5) augments or reduces existing programs, lection by law (but such detailed studies, and the Secretary of the Army located in a State in projects, or activities in excess of the amounts plans and specifications, shall not constitute a which a Bureau of Reclamation project is also contained in paragraphs (6) through (10), unless commitment of the Government to construction); located, or any Bureau of Reclamation facilities prior approval is received from the House and $1,813,649,000, to remain available until ex- regulated for flood control by the Secretary of Senate Committees on Appropriations; pended; of which such sums as are necessary to the Army, the Secretary of the Army shall fund (6) INVESTIGATIONS.—For a base level over cover the Federal share of construction costs for all or a portion of the costs to review or revise $100,000, reprogramming of 25 percent of the facilities under the Dredged Material Disposal operational documents, including water control base amount up to a limit of $150,000 per project, Facilities program shall be derived from the plans, water control manuals, water control dia- study or activity is allowed: Provided, That for Harbor Maintenance Trust Fund as authorized grams, release schedules, rule curves, oper- a base level less than $100,000, the reprogram- by Public Law 104–303; and of which such sums ational agreements with non-Federal entities, ming limit is $25,000: Provided further, That up

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00098 Fmt 4634 Sfmt 6333 E:\CR\FM\K08DE7.040 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7499

to $25,000 may be reprogrammed into any con- SEC. 103. None of the funds made available in WATER AND RELATED RESOURCES tinuing study or activity that did not receive an this or any other Act making appropriations for (INCLUDING TRANSFERS OF FUNDS) appropriation for existing obligations and con- Energy and Water Development for any fiscal For management, development, and restora- comitant administrative expenses; year may be used by the Corps of Engineers dur- tion of water and related natural resources and (7) CONSTRUCTION.—For a base level over ing the fiscal year ending September 30, 2017, to for related activities, including the operation, $2,000,000, reprogramming of 15 percent of the develop, adopt, implement, administer, or en- maintenance, and rehabilitation of reclamation base amount up to a limit of $3,000,000 per force any change to the regulations in effect on and other facilities, participation in fulfilling project, study or activity is allowed: Provided, October 1, 2012, pertaining to the definitions of related Federal responsibilities to Native Ameri- That for a base level less than $2,000,000, the re- the terms ‘‘fill material’’ or ‘‘discharge of fill cans, and related grants to, and cooperative and programming limit is $300,000: Provided further, material’’ for the purposes of the Federal Water other agreements with, State and local govern- That up to $3,000,000 may be reprogrammed for Pollution Control Act (33 U.S.C. 1251 et seq.). ments, federally recognized Indian tribes, and settled contractor claims, changed conditions, or SEC. 104. None of the funds provided in this real estate deficiency judgments: Provided fur- act may be used for open lake disposal of others, $1,114,394,000, to remain available until ther, That up to $300,000 may be reprogrammed dredged sediment in Lake Erie unless such dis- expended, of which $158,841,000 shall be avail- into any continuing study or activity that did posal meets water and environmental standards able for additional funding for work and are not receive an appropriation for existing obliga- agreed to by the administrator of a State’s water authorized to be used consistent with activities tions and concomitant administrative expenses; permitting agency and is consistent with a described in the Commissioner’s transmittal to (8) OPERATION AND MAINTENANCE.—Unlimited State’s Coastal Zone Management Plan. If this Congress dated February 8, 2016; $22,000 shall be reprogramming authority is granted for the standard is not met, the Corps of Engineers will available for transfer to the Upper Colorado Corps to be able to respond to emergencies: Pro- maintain its long-standing funding obligations River Basin Fund and $5,551,000 shall be avail- vided, That the Chief of Engineers shall notify for upland placement of dredged material with able for transfer to the Lower Colorado River the House and Senate Committees on Appropria- cost sharing as specified in section 101 of the Basin Development Fund; of which such tions of these emergency actions as soon there- Water Resources Development Act of 1986, Pub- amounts as may be necessary may be advanced after as practicable: Provided further, That for lic Law 99–662, as amended by section 201 of the to the Colorado River Dam Fund: Provided, a base level over $1,000,000, reprogramming of 15 Water Resources Development Act of 1196, Pub- That such transfers may be increased or de- percent of the base amount up to a limit of lic Law 104–303 (33 U.S.C. 2211) and section creased within the overall appropriation under $5,000,000 per project, study, or activity is al- 217(d) of the Water Resources Development Act this heading: Provided further, That of the total lowed: Provided further, That for a base level of 1996, Public Law 104–303, as amended by sec- appropriated, the amount for program activities less than $1,000,000, the reprogramming limit is tion 2005 of the Water Resources Development that can be financed by the Reclamation Fund $150,000: Provided further, That $150,000 may be Act of 2007, Public Law 110–300 (33 U.S.C. or the Bureau of Reclamation special fee ac- reprogrammed into any continuing study or ac- 2326a(d)). count established by 16 U.S.C. 6806 shall be de- tivity that did not receive an appropriation; SEC. 105. None of the funds made available by rived from that Fund or account: Provided fur- (9) MISSISSIPPI RIVER AND TRIBUTARIES.—The this title may be used for any acquisition that is ther, That funds contributed under 43 U.S.C. reprogramming guidelines in paragraphs (6), (7), not consistent with section 225.7007 of title 48, 395 are available until expended for the pur- and (8) shall apply to the Investigations, Con- Code of Federal Regulations. poses for which the funds were contributed: struction, and Operation and Maintenance por- SEC. 106. Of the amounts made available Provided further, That funds advanced under 43 tions of the Mississippi River and Tributaries under this title for operation and maintenance, U.S.C. 397a shall be credited to this account and Account, respectively; and $2,000,000 shall be available for Upper Missouri are available until expended for the same pur- (10) FORMERLY UTILIZED SITES REMEDIAL AC- River Basin flood and drought monitoring under poses as the sums appropriated under this head- TION PROGRAM.—Reprogramming of up to 15 section 4003(a) of the Water Resources Reform ing: Provided further, That of the amounts pro- percent of the base of the receiving project is and Development Act of 2014 (Public Law 113– vided herein, funds may be used for high-pri- permitted. ority projects which shall be carried out by the (b) DE MINIMUS REPROGRAMMINGS.—In no 121; 128 Stat. 1310). SEC. 107. Section 2006 of the Water Resources Youth Conservation Corps, as authorized by 16 case should a reprogramming for less than Development Act of 2007 (33 U.S.C. 2242) is U.S.C. 1706. $50,000 be submitted to the House and Senate amended— Committees on Appropriations. CENTRAL VALLEY PROJECT RESTORATION FUND (1) in subsection (a)(3), by inserting ‘‘in which (c) CONTINUING AUTHORITIES PROGRAM.—Sub- For carrying out the programs, projects, the project is located or of a community that is section (a)(1) shall not apply to any project or plans, habitat restoration, improvement, and ac- located in the region that is served by the activity funded under the continuing authori- quisition provisions of the Central Valley project and that will rely on the project’’ after ties program. Project Improvement Act, $55,606,000, to be de- (d) Not later than 60 days after the date of en- ‘‘community’’; and (2) in subsection (b)— rived from such sums as may be collected in the actment of this Act, the Secretary shall submit (A) in paragraph (1), by inserting ‘‘or of a Central Valley Project Restoration Fund pursu- a report to the House and Senate Committees on community that is located in the region to be ant to sections 3407(d), 3404(c)(3), and 3405(f) of Appropriations to establish the baseline for ap- served by the project and that will rely on the Public Law 102–575, to remain available until plication of reprogramming and transfer au- project’’ after ‘‘community’’; expended: Provided, That the Bureau of Rec- thorities for the current fiscal year which shall (B) in paragraph (4), by striking ‘‘local popu- lamation is directed to assess and collect the full include: lation’’ and inserting ‘‘regional population to be amount of the additional mitigation and res- (1) A table for each appropriation with a sep- served by the project’’; and toration payments authorized by section 3407(d) arate column to display the President’s budget (C) in paragraph (5), by striking ‘‘commu- of Public Law 102–575: Provided further, That request, adjustments made by Congress, adjust- nity’’ and inserting ‘‘local community or to a none of the funds made available under this ments due to enacted rescissions, if applicable, community that is located in the region to be heading may be used for the acquisition or leas- and the fiscal year enacted level; and served by the project and that will rely on the ing of water for in-stream purposes if the water (2) A delineation in the table for each appro- project’’. is already committed to in-stream purposes by a priation both by object class and program, court adopted decree or order. project and activity as detailed in the budget TITLE II appendix for the respective appropriations; and DEPARTMENT OF THE INTERIOR CALIFORNIA BAY-DELTA RESTORATION (3) An identification of items of special con- CENTRAL UTAH PROJECT (INCLUDING TRANSFERS OF FUNDS) gressional interest. CENTRAL UTAH PROJECT COMPLETION ACCOUNT For carrying out activities authorized by the (e) The Secretary shall allocate funds made For carrying out activities authorized by the Water Supply, Reliability, and Environmental available in this Act solely in accordance with Central Utah Project Completion Act, Improvement Act, consistent with plans to be the provisions of this Act and the report of the $10,000,000, to remain available until expended, approved by the Secretary of the Interior, Committee on Appropriations accompanying this of which $1,300,000 shall be deposited into the $36,000,000, to remain available until expended, Act, including the determination and designa- Utah Reclamation Mitigation and Conservation of which such amounts as may be necessary to tion of new starts. carry out such activities may be transferred to (f) None of the funds made available in this Account for use by the Utah Reclamation Miti- gation and Conservation Commission: Provided, appropriate accounts of other participating Fed- title may be used to award or modify any con- eral agencies to carry out authorized purposes: tract that commits funds beyond the amounts That of the amount provided under this head- ing, $1,350,000 shall be available until September Provided, That funds appropriated herein may appropriated for that program, project, or activ- be used for the Federal share of the costs of ity that remain unobligated, except that such 30, 2018, for expenses necessary in carrying out related responsibilities of the Secretary of the CALFED Program management: Provided fur- amounts may include any funds that have been ther, That CALFED implementation shall be made available through reprogramming pursu- Interior: Provided further, That for fiscal year 2017, of the amount made available to the Com- carried out in a balanced manner with clear ant to section 101. performance measures demonstrating concurrent SEC. 102. The Secretary of the Army may mission under this Act or any other Act, the progress in achieving the goals and objectives of transfer to the Fish and Wildlife Service, and Commission may use an amount not to exceed the Program. the Fish and Wildlife Service may accept and $1,500,000 for administrative expenses. expend, up to $5,400,000 of funds provided in BUREAU OF RECLAMATION POLICY AND ADMINISTRATION this title under the heading ‘‘Operation and The following appropriations shall be ex- For expenses necessary for policy, administra- Maintenance’’ to mitigate for fisheries lost due pended to execute authorized functions of the tion, and related functions in the Office of the to Corps of Engineers civil works projects. Bureau of Reclamation: Commissioner, the Denver office, and offices in

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00099 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.020 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7500 CONGRESSIONAL RECORD — HOUSE December 8, 2016 the five regions of the Bureau of Reclamation, rior and the State of California of a plan, which (4) strategies for developing partnerships with to remain available until September 30, 2018, shall conform to the water quality standards of State, tribal, and local governmental entities in $59,000,000, to be derived from the Reclamation the State of California as approved by the Ad- the eradication of salt cedar; and Fund and be nonreimbursable as provided in 43 ministrator of the Environmental Protection (5) budget estimates and completion timelines U.S.C. 377: Provided, That no part of any other Agency, to minimize any detrimental effect of for the implementation of plan elements. appropriation in this Act shall be available for the San Luis drainage waters. TITLE III activities or functions budgeted as policy and (b) The costs of the Kesterson Reservoir DEPARTMENT OF ENERGY administration expenses. Cleanup Program and the costs of the San Joa- ENERGY PROGRAMS quin Valley Drainage Program shall be classi- ADMINISTRATIVE PROVISION ENERGY EFFICIENCY AND RENEWABLE ENERGY fied by the Secretary of the Interior as reimburs- Appropriations for the Bureau of Reclamation able or nonreimbursable and collected until For Department of Energy expenses including shall be available for purchase of not to exceed fully repaid pursuant to the ‘‘Cleanup Pro- the purchase, construction, and acquisition of five passenger motor vehicles, which are for re- gram—Alternative Repayment Plan’’ and the plant and capital equipment, and other ex- placement only. ‘‘SJVDP—Alternative Repayment Plan’’ de- penses necessary for energy efficiency and re- GENERAL PROVISIONS—DEPARTMENT OF scribed in the report entitled ‘‘Repayment Re- newable energy activities in carrying out the THE INTERIOR port, Kesterson Reservoir Cleanup Program and purposes of the Department of Energy Organi- SEC. 201. (a) None of the funds provided in San Joaquin Valley Drainage Program, Feb- zation Act (42 U.S.C. 7101 et seq.), including the title II of this Act for Water and Related Re- ruary 1995’’, prepared by the Department of the acquisition or condemnation of any real prop- erty or any facility or for plant or facility acqui- sources, or provided by previous or subsequent Interior, Bureau of Reclamation. Any future ob- sition, construction, or expansion, appropriations Acts to the agencies or entities ligations of funds by the United States relating $2,073,000,000, to remain available until ex- funded in title II of this Act for Water and Re- to, or providing for, drainage service or drain- pended: Provided, That of such amount, lated Resources that remain available for obliga- age studies for the San Luis Unit shall be fully $153,500,000 shall be available until September tion or expenditure in fiscal year 2017, shall be reimbursable by San Luis Unit beneficiaries of 30, 2018, for program direction: Provided fur- available for obligation or expenditure through such service or studies pursuant to Federal rec- ther, That of such amount $220,600,000 shall be a reprogramming of funds that— lamation law. available for the Weatherization Assistance Pro- (1) initiates or creates a new program, project, SEC. 203. Title I of Public Law 108–361 (the gram, of which $6,000,000 shall be derived by or activity; Calfed Bay-Delta Authorization Act) (118 Stat. transfer from the amount otherwise available for (2) eliminates a program, project, or activity 1681), as amended by section 210 of Public Law Building Technologies: Provided further, That unless the program, project or activity has re- 111–85, is amended by striking ‘‘2017’’ each place of such amount, $95,400,000 shall be available ceived no appropriated funding for at least five it appears and inserting ‘‘2019’’. for wind energy. fiscal years; SEC. 204. Section 9504(e) of the Secure Water (3) increases funds for any program, project, Act of 2009 (42 U.S.C. 10364(e)) is amended by ELECTRICITY DELIVERY AND ENERGY or activity for which funds have been denied or striking ‘‘$350,000,000’’ and inserting RELIABILITY restricted by this Act, unless prior approval is ‘‘$450,000,000, on the condition that of that For Department of Energy expenses including received from the Committees on Appropriations amount, $50,000,000 is used to carry out section the purchase, construction, and acquisition of of the House of Representatives and the Senate; 206 of the Energy and Water Development and plant and capital equipment, and other ex- (4) restarts or resumes any program, project or Related Agencies Appropriations Act, 2015 (43 penses necessary for electricity delivery and en- activity for which funds are not provided in this U.S.C. 620 note; Public Law 113–235)’’. ergy reliability activities in carrying out the Act, unless prior approval is received from the SEC. 205. Section 205 of the Energy and Water purposes of the Department of Energy Organi- Committees on Appropriations of the House of Development and Related Agencies Appropria- zation Act (42 U.S.C. 7101 et seq.), including the Representatives and the Senate; tions Act, 2016 (Public Law 114–113; 129 Stat. acquisition or condemnation of any real prop- (5) transfers funds in excess of the following 2242), is amended— erty or any facility or for plant or facility acqui- limits, unless prior approval is received from the (1) in paragraph (2)— sition, construction, or expansion, $206,000,000, Committees on Appropriations of the House of (A) by striking ‘‘feasibility studies described in to remain available until expended: Provided, Representatives and the Senate: clauses (i)(II) and (ii)(I)’’ and inserting ‘‘feasi- That of such amount, $28,500,000 shall be avail- (A) 15 percent for any program, project or ac- bility study described in clause (i)(II)’’; and able until September 30, 2018, for program direc- tivity for which $2,000,000 or more is available at (B) by striking ‘‘such studies’’ and inserting tion. the beginning of the fiscal year; or ‘‘such study’’; NUCLEAR ENERGY (B) $400,000 for any program, project or activ- (2) by redesignating paragraphs (3) and (4) as For Department of Energy expenses including ity for which less than $2,000,000 is available at paragraphs (4) and (5), respectively; and the purchase, construction, and acquisition of the beginning of the fiscal year; (3) by inserting after paragraph (2) the fol- plant and capital equipment, and other ex- (6) transfers more than $500,000 from either lowing: penses necessary for nuclear energy activities in the Facilities Operation, Maintenance, and Re- ‘‘(3) not later than November 30, 2017, com- carrying out the purposes of the Department of habilitation category or the Resources Manage- plete and submit to the appropriate committees Energy Organization Act (42 U.S.C. 7101 et ment and Development category to any pro- of the House of Representatives and the Senate seq.), including the acquisition or condemnation gram, project, or activity in the other category, the feasibility study described in section of any real property or any facility or for plant unless prior approval is received from the Com- 103(d)(1)(A)(ii)(I) of the Calfed Bay-Delta Au- or facility acquisition, construction, or expan- mittees on Appropriations of the House of Rep- thorization Act (Public Law 108–361; 118 Stat. sion, and the purchase of no more than three resentatives and the Senate; or 1684);’’. emergency service vehicles for replacement only, (7) transfers, where necessary to discharge SEC. 206. (a) The Secretary of the Interior, in $1,057,903,000, to remain available until ex- legal obligations of the Bureau of Reclamation, coordination with the Secretary of the Army pended: Provided, That of such amount, the more than $5,000,000 to provide adequate funds and the Secretary of Agriculture, may enter into Secretary of Energy may obligate up to for settled contractor claims, increased con- an agreement with the National Academy of $10,000,000 under existing authorities, for con- tractor earnings due to accelerated rates of op- Sciences under which the National Academy of tracting for the management of used nuclear erations, and real estate deficiency judgments, Sciences shall conduct a comprehensive study, fuel to which the Secretary holds the title or has unless prior approval is received from the Com- to be completed not later than 1 year after the a contract to accept title: Provided further, That mittees on Appropriations of the House of Rep- date of enactment of this Act, on the effective- of such amount, $80,000,000 shall be available resentatives and the Senate. ness and environmental impact of salt cedar until September 30, 2018, for program direction. (b) Subsection (a)(5) shall not apply to any control efforts (including biological control) in transfer of funds within the Facilities Oper- increasing water supplies, restoring riparian FOSSIL ENERGY RESEARCH AND DEVELOPMENT ation, Maintenance, and Rehabilitation cat- habitat, and improving flood management. For Department of Energy expenses necessary egory. (b) Not later than 1 year after the date of com- in carrying out fossil energy research and devel- (c) For purposes of this section, the term pletion of the study under subsection (a), the opment activities, under the authority of the transfer means any movement of funds into or Secretary of the Interior, in coordination with Department of Energy Organization Act (42 out of a program, project, or activity. the Secretary of Agriculture, may prepare a U.S.C. 7101 et seq.), including the acquisition of (d) The Bureau of Reclamation shall submit plan for the removal of salt cedar from all Fed- interest, including defeasible and equitable in- reports on a quarterly basis to the Committees eral land in the Lower Colorado River basin terests in any real property or any facility or for on Appropriations of the House of Representa- based on the findings and recommendations of plant or facility acquisition or expansion, and tives and the Senate detailing all the funds re- the study conducted by the National Academy for conducting inquiries, technological inves- programmed between programs, projects, activi- of Sciences that includes— tigations and research concerning the extrac- ties, or categories of funding. The first quarterly (1) provisions for revegetating Federal land tion, processing, use, and disposal of mineral report shall be submitted not later than 60 days with native vegetation; substances without objectionable social and en- after the date of enactment of this Act. (2) provisions for adapting to the increasing vironmental costs (30 U.S.C. 3, 1602, and 1603), SEC. 202. (a) None of the funds appropriated presence of biological control in the Lower Colo- $632,000,000, to remain available until expended: or otherwise made available by this Act may be rado River basin; Provided, That of the amount made available used to determine the final point of discharge (3) provisions for removing salt cedar from under this heading in this Act, $60,000,000 shall for the interceptor drain for the San Luis Unit Federal land during post-wildfire recovery ac- be available until September 30, 2018, for pro- until development by the Secretary of the Inte- tivities; gram direction.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00100 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.020 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7501

NAVAL PETROLEUM AND OIL SHALE RESERVES ADVANCED RESEARCH PROJECTS AGENCY— and representation expenses not to exceed For Department of Energy expenses necessary ENERGY $30,000, plus such additional amounts as nec- to carry out naval petroleum and oil shale re- For Department of Energy expenses necessary essary to cover increases in the estimated serve activities, $14,950,000, to remain available in carrying out the activities authorized by sec- amount of cost of work for others notwith- until expended: Provided, That notwithstanding tion 5012 of the America COMPETES Act (Pub- standing the provisions of the Anti-Deficiency any other provision of law, unobligated funds lic Law 110–69), $325,000,000, to remain available Act (31 U.S.C. 1511 et seq.): Provided, That such remaining from prior years shall be available for until expended: Provided, That of such amount, increases in cost of work are offset by revenue all naval petroleum and oil shale reserve activi- $29,250,000 shall be available until September 30, increases of the same or greater amount: Pro- ties. 2018, for program direction. vided further, That moneys received by the De- partment for miscellaneous revenues estimated STRATEGIC PETROLEUM RESERVE OFFICE OF INDIAN ENERGY to total $103,000,000 in fiscal year 2017 may be For Department of Energy expenses necessary For necessary expenses for Indian Energy ac- retained and used for operating expenses within for Strategic Petroleum Reserve facility develop- tivities in carrying out the purposes of the De- this account, as authorized by section 201 of ment and operations and program management partment of Energy Organization Act (42 U.S.C. Public Law 95–238, notwithstanding the provi- activities pursuant to the Energy Policy and 7101 et seq.), $20,000,000, to remain available sions of 31 U.S.C. 3302: Provided further, That Conservation Act (42 U.S.C. 6201 et seq.), until expended: Provided, That, of the amount the sum herein appropriated shall be reduced as $200,000,000, to remain available until expended. appropriated under this heading, $4,800,000 collections are received during the fiscal year so Provided, That as authorized by section 404 of shall be available until September 30, 2018, for as to result in a final fiscal year 2017 appropria- the Bipartisan Budget Act of 2015 (Public Law program direction. tion from the general fund estimated at not more 114–74), the Secretary of the Department of En- TRIBAL ENERGY LOAN GUARANTEE PROGRAM than $129,142,000. ergy shall drawdown and sell not to exceed For the cost of loan guarantees provided OFFICE OF THE INSPECTOR GENERAL $375,400,000 of crude oil from the Strategic Pe- under section 2602(c) of the Energy Policy Act of troleum Reserve in fiscal year 2017: Provided For expenses necessary for the Office of the 1992 (25 U.S.C. 3502(c)), $8,500,000, to remain Inspector General in carrying out the provisions further, That the proceeds from such drawdown available until expended: Provided, That the and sale shall be deposited into the Energy Se- of the Inspector General Act of 1978, $44,424,000, cost of those loan guarantees (including the to remain available until September 30, 2018. curity and Infrastructure Modernization Fund costs of modifying loans, as applicable) shall be during fiscal year 2017 and shall remain avail- determined in accordance with section 502 of the ATOMIC ENERGY DEFENSE ACTIVITIES able until expended for necessary expenses in Congressional Budget Act of 1974 (2 U.S.C. NATIONAL NUCLEAR SECURITY carrying out construction, operations, mainte- 661a): Provided further, That, for necessary ad- ADMINISTRATION nance, repair, and replacement activities of the ministrative expenses to carry out that program, WEAPONS ACTIVITIES Strategic Petroleum Reserve. $500,000 is appropriated, to remain available For Department of Energy expenses, including NORTHEAST HOME HEATING OIL RESERVE until expended: Provided further, That, of the the purchase, construction, and acquisition of For Department of Energy expenses necessary subsidy amounts provided by section 1425 of the plant and capital equipment and other inci- for Northeast Home Heating Oil Reserve storage, Department of Defense and Full-Year Con- dental expenses necessary for atomic energy de- operation, and management activities pursuant tinuing Appropriations Act, 2011 (Public Law fense weapons activities in carrying out the pur- to the Energy Policy and Conservation Act (42 112–10; 125 Stat. 126), for the cost of loan guar- poses of the Department of Energy Organization U.S.C. 6201 et seq.), $6,500,000, to remain avail- antees for renewable energy or efficient end-use Act (42 U.S.C. 7101 et seq.), including the acqui- able until expended. energy technologies under section 1703 of the sition or condemnation of any real property or Energy Policy Act of 2005 (42 U.S.C. 16513), ENERGY INFORMATION ADMINISTRATION any facility or for plant or facility acquisition, $9,000,000 is permanently canceled. construction, or expansion, $9,285,147,000, to re- For Department of Energy expenses necessary TITLE 17 INNOVATIVE TECHNOLOGY LOAN main available until expended: Provided, That in carrying out the activities of the Energy In- GUARANTEE PROGRAM of such amount, $106,600,000 shall be available formation Administration, $122,000,000, to re- until September 30, 2018, for program direction. main available until expended. Such sums as are derived from amounts re- ceived from borrowers pursuant to section DEFENSE NUCLEAR NONPROLIFERATION NON-DEFENSE ENVIRONMENTAL CLEANUP 1702(b) of the Energy Policy Act of 2005 under For Department of Energy expenses, including For Department of Energy expenses, including this heading in prior Acts, shall be collected in the purchase, construction, and acquisition of the purchase, construction, and acquisition of accordance with section 502(7) of the Congres- plant and capital equipment and other inci- plant and capital equipment and other expenses sional Budget Act of 1974: Provided, That for dental expenses necessary for defense nuclear necessary for non-defense environmental clean- necessary administrative expenses to carry out nonproliferation activities, in carrying out the up activities in carrying out the purposes of the this Loan Guarantee program, $37,000,000 is ap- purposes of the Department of Energy Organi- Department of Energy Organization Act (42 propriated from fees collected in prior years pur- zation Act (42 U.S.C. 7101 et seq.), including the U.S.C. 7101 et seq.), including the acquisition or suant to section 1702(h) of the Energy Policy acquisition or condemnation of any real prop- condemnation of any real property or any facil- Act of 2005 which are not otherwise appro- erty or any facility or for plant or facility acqui- ity or for plant or facility acquisition, construc- priated, to remain available until September 30, sition, construction, or expansion, tion, or expansion, $255,000,000, to remain avail- 2018: Provided further, That if the amount in $1,821,916,000, to remain available until ex- able until expended. the previous proviso is not available from such pended. URANIUM ENRICHMENT DECONTAMINATION AND fees, an amount for such purposes is also appro- NAVAL REACTORS DECOMMISSIONING FUND priated from the general fund so as to result in For Department of Energy expenses necessary For Department of Energy expenses necessary a total amount appropriated for such purpose of no more than $37,000,000: Provided further, for naval reactors activities to carry out the De- in carrying out uranium enrichment facility de- partment of Energy Organization Act (42 U.S.C. contamination and decommissioning, remedial That fees collected pursuant to such section 1702(h) for fiscal year 2017 shall be credited as 7101 et seq.), including the acquisition (by pur- actions, and other activities of title II of the chase, condemnation, construction, or other- Atomic Energy Act of 1954, and title X, subtitle offsetting collections under this heading and shall not be available until appropriated: Pro- wise) of real property, plant, and capital equip- A, of the Energy Policy Act of 1992, $717,741,000, ment, facilities, and facility expansion, to be derived from the Uranium Enrichment De- vided further, That the Department of Energy shall not subordinate any loan obligation to $1,351,520,000, to remain available until ex- contamination and Decommissioning Fund, to pended: Provided, That of such amount, remain available until expended, of which other financing in violation of section 1702 of the Energy Policy Act of 2005 or subordinate $47,100,000 shall be available until September 30, $30,000,000 shall be available in accordance with 2018, for program direction. title X, subtitle A, of the Energy Policy Act of any Guaranteed Obligation to any loan or other 1992. debt obligations in violation of section 609.10 of FEDERAL SALARIES AND EXPENSES title 10, Code of Federal Regulations. For expenses necessary for Federal Salaries SCIENCE ADVANCED TECHNOLOGY VEHICLES and Expenses in the National Nuclear Security For Department of Energy expenses including MANUFACTURING LOAN PROGRAM Administration, $408,603,000, to remain available the purchase, construction, and acquisition of until September 30, 2018, including official re- plant and capital equipment, and other ex- For Department of Energy administrative ex- penses necessary in carrying out the Advanced ception and representation expenses not to ex- penses necessary for science activities in car- ceed $12,000. rying out the purposes of the Department of En- Technology Vehicles Manufacturing Loan Pro- ENVIRONMENTAL AND OTHER DEFENSE ergy Organization Act (42 U.S.C. 7101 et seq.), gram, $5,000,000, to remain available until Sep- ACTIVITIES including the acquisition or condemnation of tember 30, 2018. any real property or facility or for plant or fa- DEPARTMENTAL ADMINISTRATION DEFENSE ENVIRONMENTAL CLEANUP cility acquisition, construction, or expansion, For salaries and expenses of the Department For Department of Energy expenses, including and purchase of not more than 17 passenger of Energy necessary for departmental adminis- the purchase, construction, and acquisition of motor vehicles for replacement only, including tration in carrying out the purposes of the De- plant and capital equipment and other expenses one ambulance and one bus, $5,400,000,000, to partment of Energy Organization Act (42 U.S.C. necessary for atomic energy defense environ- remain available until expended: Provided, That 7101 et seq.), $232,142,000, to remain available mental cleanup activities in carrying out the of such amount, $191,500,000 shall be available until September 30, 2018, including the hire of purposes of the Department of Energy Organi- until September 30, 2018, for program direction. passenger motor vehicles and official reception zation Act (42 U.S.C. 7101 et seq.), including the

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00101 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.020 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7502 CONGRESSIONAL RECORD — HOUSE December 8, 2016

acquisition or condemnation of any real prop- OPERATION AND MAINTENANCE, SOUTHWESTERN FALCON AND AMISTAD OPERATING AND erty or any facility or for plant or facility acqui- POWER ADMINISTRATION MAINTENANCE FUND sition, construction, or expansion, and the pur- For operation, maintenance, and emergency For expenses necessary for operation and chase of not to exceed one fire apparatus pump- costs for the hydroelectric facilities at the Fal- maintenance of power transmission facilities er truck, one aerial lift truck, one refuse truck, con and Amistad Dams, $4,070,000, to remain and one semi-truck for replacement only, and for marketing electric power and energy, for available until expended, and to be derived from $5,379,018,000, to remain available until ex- construction and acquisition of transmission the Falcon and Amistad Operating and Mainte- pended: Provided, That of such amount lines, substations and appurtenant facilities, nance Fund of the Western Area Power Admin- $290,050,000 shall be available until September and for administrative expenses, including offi- istration, as provided in section 2 of the Act of 30, 2018, for program direction. cial reception and representation expenses in an June 18, 1954 (68 Stat. 255): Provided, That not- amount not to exceed $1,500 in carrying out sec- DEFENSE URANIUM ENRICHMENT withstanding the provisions of that Act and of tion 5 of the Flood Control Act of 1944 (16 U.S.C. DECONTAMINATION AND DECOMMISSIONING 31 U.S.C. 3302, up to $3,838,000 collected by the 825s), as applied to the Southwestern Power Ad- Western Area Power Administration from the (INCLUDING TRANSFER OF FUNDS) ministration, $45,643,000, to remain available sale of power and related services from the Fal- For an additional amount for atomic energy until expended: Provided, That notwithstanding con and Amistad Dams shall be credited to this defense environmental cleanup activities for De- 31 U.S.C. 3302 and section 5 of the Flood Control account as discretionary offsetting collections, partment of Energy contributions for uranium Act of 1944 (16 U.S.C. 825s), up to $34,586,000 to remain available until expended for the sole enrichment decontamination and decommis- collected by the Southwestern Power Adminis- purpose of funding the annual expenses of the sioning activities, $717,741,000, to be deposited tration from the sale of power and related serv- hydroelectric facilities of these Dams and associ- into the Defense Environmental Cleanup ac- ices shall be credited to this account as discre- ated Western Area Power Administration activi- count which shall be transferred to the ‘‘Ura- tionary offsetting collections, to remain avail- ties: Provided further, That the sum herein ap- nium Enrichment Decontamination and Decom- able until expended, for the sole purpose of propriated for annual expenses shall be reduced missioning Fund’’. funding the annual expenses of the South- as collections are received during the fiscal year OTHER DEFENSE ACTIVITIES western Power Administration: Provided fur- so as to result in a final fiscal year 2017 appro- For Department of Energy expenses, including ther, That the sum herein appropriated for an- priation estimated at not more than $232,000: the purchase, construction, and acquisition of nual expenses shall be reduced as collections are Provided further, That for purposes of this ap- plant and capital equipment and other ex- received during the fiscal year so as to result in propriation, annual expenses means expendi- penses, necessary for atomic energy defense, a final fiscal year 2017 appropriation estimated tures that are generally recovered in the same other defense activities, and classified activities, at not more than $11,057,000: Provided further, year that they are incurred: Provided further, in carrying out the purposes of the Department That notwithstanding 31 U.S.C. 3302, up to That for fiscal year 2017, the Administrator of of Energy Organization Act (42 U.S.C. 7101 et $73,000,000 collected by the Southwestern Power the Western Area Power Administration may ac- seq.), including the acquisition or condemnation Administration pursuant to the Flood Control cept up to $323,000 in funds contributed by of any real property or any facility or for plant Act of 1944 to recover purchase power and United States power customers of the Falcon or facility acquisition, construction, or expan- wheeling expenses shall be credited to this ac- and Amistad Dams for deposit into the Falcon sion, $791,552,000, to remain available until ex- count as offsetting collections, to remain avail- and Amistad Operating and Maintenance Fund, pended: Provided, That of such amount, able until expended for the sole purpose of mak- and such funds shall be available for the pur- $258,061,000 shall be available until September ing purchase power and wheeling expenditures: pose for which contributed in like manner as if 30, 2018, for program direction. Provided further, That for purposes of this ap- said sums had been specifically appropriated for such purpose: Provided further, That any such POWER MARKETING ADMINISTRATIONS propriation, annual expenses means expendi- tures that are generally recovered in the same funds shall be available without further appro- BONNEVILLE POWER ADMINISTRATION FUND year that they are incurred (excluding purchase priation and without fiscal year limitation for Expenditures from the Bonneville Power Ad- power and wheeling expenses). use by the Commissioner of the United States ministration Fund, established pursuant to Pub- Section of the International Boundary and lic Law 93–454, are approved for official recep- CONSTRUCTION, REHABILITATION, OPERATION Water Commission for the sole purpose of oper- tion and representation expenses in an amount AND MAINTENANCE, WESTERN AREA POWER ating, maintaining, repairing, rehabilitating, re- not to exceed $5,000: Provided, That during fis- ADMINISTRATION placing, or upgrading the hydroelectric facilities cal year 2017, no new direct loan obligations at these Dams in accordance with agreements For carrying out the functions authorized by may be made. reached between the Administrator, Commis- title III, section 302(a)(1)(E) of the Act of Au- sioner, and the power customers. OPERATION AND MAINTENANCE, SOUTHEASTERN gust 4, 1977 (42 U.S.C. 7152), and other related FEDERAL ENERGY REGULATORY COMMISSION POWER ADMINISTRATION activities including conservation and renewable For expenses necessary for operation and resources programs as authorized, $307,144,000, SALARIES AND EXPENSES maintenance of power transmission facilities including official reception and representation For expenses necessary for the Federal Energy and for marketing electric power and energy, in- expenses in an amount not to exceed $1,500, to Regulatory Commission to carry out the provi- cluding transmission wheeling and ancillary remain available until expended, of which sions of the Department of Energy Organization services, pursuant to section 5 of the Flood Con- $299,742,000 shall be derived from the Depart- Act (42 U.S.C. 7101 et seq.), including services as trol Act of 1944 (16 U.S.C. 825s), as applied to ment of the Interior Reclamation Fund: Pro- authorized by 5 U.S.C. 3109, official reception the southeastern power area, $1,000,000, includ- vided, That notwithstanding 31 U.S.C. 3302, sec- and representation expenses not to exceed ing official reception and representation ex- tion 5 of the Flood Control Act of 1944 (16 U.S.C. $3,000, and the hire of passenger motor vehicles, penses in an amount not to exceed $1,500, to re- 825s), and section 1 of the Interior Department $346,800,000, to remain available until expended: main available until expended: Provided, That Appropriation Act, 1939 (43 U.S.C. 392a), up to Provided, That notwithstanding any other pro- notwithstanding 31 U.S.C. 3302 and section 5 of $211,563,000 collected by the Western Area Power vision of law, not to exceed $346,800,000 of reve- the Flood Control Act of 1944, up to $1,000,000 Administration from the sale of power and re- nues from fees and annual charges, and other collected by the Southeastern Power Adminis- lated services shall be credited to this account as services and collections in fiscal year 2017 shall tration from the sale of power and related serv- discretionary offsetting collections, to remain be retained and used for expenses necessary in ices shall be credited to this account as discre- available until expended, for the sole purpose of this account, and shall remain available until tionary offsetting collections, to remain avail- funding the annual expenses of the Western expended: Provided further, That the sum here- able until expended for the sole purpose of fund- Area Power Administration: Provided further, in appropriated from the general fund shall be ing the annual expenses of the Southeastern That the sum herein appropriated for annual reduced as revenues are received during fiscal Power Administration: Provided further, That expenses shall be reduced as collections are re- year 2017 so as to result in a final fiscal year the sum herein appropriated for annual ex- ceived during the fiscal year so as to result in a 2017 appropriation from the general fund esti- penses shall be reduced as collections are re- final fiscal year 2017 appropriation estimated at mated at not more than $0. ceived during the fiscal year so as to result in a not more than $95,581,000, of which $88,179,000 GENERAL PROVISIONS—DEPARTMENT OF final fiscal year 2017 appropriation estimated at is derived from the Reclamation Fund: Provided ENERGY not more than $0: Provided further, That not- further, That notwithstanding 31 U.S.C. 3302, (INCLUDING TRANSFER OF FUNDS) withstanding 31 U.S.C. 3302, up to $60,760,000 up to $367,009,000 collected by the Western Area SEC. 301. (a) No appropriation, funds, or au- collected by the Southeastern Power Adminis- Power Administration pursuant to the Flood thority made available by this title for the De- tration pursuant to the Flood Control Act of Control Act of 1944 and the Reclamation Project partment of Energy shall be used to initiate or 1944 to recover purchase power and wheeling ex- Act of 1939 to recover purchase power and resume any program, project, or activity or to penses shall be credited to this account as off- wheeling expenses shall be credited to this ac- prepare or initiate Requests For Proposals or setting collections, to remain available until ex- count as offsetting collections, to remain avail- similar arrangements (including Requests for pended for the sole purpose of making purchase able until expended for the sole purpose of mak- Quotations, Requests for Information, and power and wheeling expenditures: Provided fur- ing purchase power and wheeling expenditures: Funding Opportunity Announcements) for a ther, That for purposes of this appropriation, Provided further, That for purposes of this ap- program, project, or activity if the program, annual expenses means expenditures that are propriation, annual expenses means expendi- project, or activity has not been funded by Con- generally recovered in the same year that they tures that are generally recovered in the same gress. are incurred (excluding purchase power and year that they are incurred (excluding purchase (b)(1) Unless the Secretary of Energy notifies wheeling expenses). power and wheeling expenses). the Committees on Appropriations of both

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00102 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.020 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7503

Houses of Congress at least 3 full business days soon as practicable, but not later than 3 days (b) PILOT PROGRAM.—Notwithstanding any in advance, none of the funds made available in after the date of the activity to which a require- provision of the Nuclear Waste Policy Act of this title may be used to— ment or restriction would otherwise have ap- 1982 (42 U.S.C. 10101 et seq.), the Secretary is (A) make a grant allocation or discretionary plied. Such notice shall include an explanation authorized, in the current fiscal year and subse- grant award totaling $1,000,000 or more; of the substantial risk under paragraph (1) that quent fiscal years, to conduct a pilot program, (B) make a discretionary contract award or permitted such waiver. through 1 or more private sector partners, to li- Other Transaction Agreement totaling $1,000,000 (h) The unexpended balances of prior appro- cense, construct, and operate 1 or more govern- or more, including a contract covered by the priations provided for activities in this Act may ment or privately owned consolidated storage Federal Acquisition Regulation; be available to the same appropriation accounts facilities to provide interim storage as needed for (C) issue a letter of intent to make an alloca- for such activities established pursuant to this spent nuclear fuel and high-level radioactive tion, award, or Agreement in excess of the limits title. Available balances may be merged with waste, with priority for storage given to spent in subparagraph (A) or (B); or funds in the applicable established accounts nuclear fuel located on sites without an oper- (D) announce publicly the intention to make and thereafter may be accounted for as one ating nuclear reactor. an allocation, award, or Agreement in excess of fund for the same time period as originally en- (c) REQUESTS FOR PROPOSALS.—Not later than the limits in subparagraph (A) or (B). acted. 120 days after the date of enactment of this Act, (2) The Secretary of Energy shall submit to SEC. 302. (a) Unobligated balances available the Secretary shall issue a request for proposals the Committees on Appropriations of both from appropriations are hereby permanently re- for cooperative agreements— Houses of Congress within 15 days of the con- scinded from the following accounts of the De- (1) to obtain any license necessary from the clusion of each quarter a report detailing each partment of Energy in the specified amounts: Nuclear Regulatory Commission for the con- grant allocation or discretionary grant award (1) ‘‘Atomic Energy Defense Activities—Na- struction of 1 or more consolidated storage fa- totaling less than $1,000,000 provided during the tional Nuclear Security Administration—Weap- cilities; previous quarter. ons Activities’’, $50,400,000. (2) to demonstrate the safe transportation of (3) The notification required by paragraph (1) (2) ‘‘Atomic Energy Defense Activities—Na- spent nuclear fuel and high-level radioactive and the report required by paragraph (2) shall tional Nuclear Security Administration—De- waste, as applicable; and include the recipient of the award, the amount fense Nuclear Nonproliferation’’, $14,000,000. (3) to demonstrate the safe storage of spent of the award, the fiscal year for which the (3) ‘‘Energy Program—Fossil Energy Research nuclear fuel and high-level radioactive waste, funds for the award were appropriated, the ac- and Development’’, $240,000,000. as applicable, at the 1 or more consolidated stor- count and program, project, or activity from (4) ‘‘Energy Program—Title 17 Innovative age facilities pending the construction and oper- which the funds are being drawn, the title of Technology Loan Guarantee Program’’, ation of deep geologic disposal capacity for the the award, and a brief description of the activ- $9,500,000. permanent disposal of the spent nuclear fuel. ity for which the award is made. (5) ‘‘Energy Program—Energy Efficiency and (d) CONSENT-BASED APPROVAL.—Prior to (c) The Department of Energy may not, with Renewable Energy’’, $20,600,000. siting a consolidated storage facility pursuant respect to any program, project, or activity that (6) ‘‘Energy Program—Nuclear Energy’’, to this section, the Secretary shall enter into an uses budget authority made available in this $231,000. agreement to host the facility with— title under the heading ‘‘Department of En- (7) ‘‘Energy Program—Strategic Petroleum Re- (1) the Governor of the State; ergy—Energy Programs’’, enter into a multiyear serve’’, $150,000. (2) each unit of local government within the contract, award a multiyear grant, or enter into (8) ‘‘Energy Program—Naval Petroleum and jurisdiction of which the facility is proposed to a multiyear cooperative agreement unless— Oil Shale Reserves’’, $150,000. be located; and (1) the contract, grant, or cooperative agree- (9) ‘‘Energy Program—Science’’, $1,700,000. (3) each affected Indian tribe. ment is funded for the full period of perform- (b) No amounts may be rescinded by this sec- (e) APPLICABILITY.—In executing this section, ance as anticipated at the time of award; or tion from amounts that were designated by Con- the Secretary shall comply with— (2) the contract, grant, or cooperative agree- gress as an emergency requirement pursuant to (1) all licensing requirements and regulations ment includes a clause conditioning the Federal a concurrent resolution on the budget or the of the Nuclear Regulatory Commission; and Government’s obligation on the availability of Balanced Budget and Emergency Deficit Con- (2) all other applicable laws (including regula- future year budget authority and the Secretary trol Act of 1985. tions). notifies the Committees on Appropriations of SEC. 303. Funds appropriated by this or any (f) PILOT PROGRAM PLAN.—Not later than 120 both Houses of Congress at least 3 days in ad- other Act, or made available by the transfer of days after the date on which the Secretary vance. funds in this Act, for intelligence activities are issues the request for proposals under subsection (d) Except as provided in subsections (e), (f), deemed to be specifically authorized by the Con- (c), the Secretary shall submit to Congress a and (g), the amounts made available by this title gress for purposes of section 504 of the National plan to carry out this section that includes— shall be expended as authorized by law for the Security Act of 1947 (50 U.S.C. 3094) during fis- (1) an estimate of the cost of licensing, con- programs, projects, and activities specified in cal year 2017 until the enactment of the Intel- structing, and operating a consolidated storage the ‘‘Final Bill’’ column in the ‘‘Department of ligence Authorization Act for fiscal year 2017. facility, including the transportation costs, on Energy’’ table included under the heading SEC. 304. None of the funds made available in an annual basis, over the expected lifetime of ‘‘Title III—Department of Energy’’ in the report this title shall be used for the construction of fa- the facility; of the Committee on Appropriations accom- cilities classified as high-hazard nuclear facili- (2) a schedule for— panying this Act. ties under 10 CFR Part 830 unless independent (A) obtaining any license necessary to con- (e) The amounts made available by this title oversight is conducted by the Office of Enter- struct and operate a consolidated storage facil- may be reprogrammed for any program, project, prise Assessments to ensure the project is in ity from the Nuclear Regulatory Commission; or activity, and the Department shall notify the compliance with nuclear safety requirements. (B) constructing the facility; Committees on Appropriations of both Houses of SEC. 305. None of the funds made available in (C) transporting spent fuel to the facility; and Congress at least 30 days prior to the use of any this title may be used to approve critical deci- (D) removing the spent fuel and decommis- proposed reprogramming that would cause any sion-2 or critical decision-3 under Department of sioning the facility; and program, project, or activity funding level to in- Energy Order 413.3B, or any successive depart- (3) an estimate of the cost of any financial as- crease or decrease by more than $5,000,000 or 10 mental guidance, for construction projects sistance, compensation, or incentives proposed percent, whichever is less, during the time pe- where the total project cost exceeds $100,000,000, to be paid to the host State, Indian tribe, or riod covered by this Act. until a separate independent cost estimate has local government; (f) None of the funds provided in this title been developed for the project for that critical (4) an estimate of any future reductions in the shall be available for obligation or expenditure decision. damages expected to be paid by the United through a reprogramming of funds that— SEC. 306. (a) DEFINITIONS.—In this section: States for the delay of the Department of En- (1) creates, initiates, or eliminates a program, (1) AFFECTED INDIAN TRIBE.—The term ‘‘af- ergy in accepting spent fuel expected to result project, or activity; fected Indian tribe’’ has the meaning given the from the pilot program; (2) increases funds or personnel for any pro- term in section 2 of the Nuclear Waste Policy (5) recommendations for any additional legis- gram, project, or activity for which funds are Act of 1982 (42 U.S.C. 10101). lation needed to authorize and implement the denied or restricted by this Act; or (2) HIGH-LEVEL RADIOACTIVE WASTE.—The pilot program; and (3) reduces funds that are directed to be used term ‘‘high-level radioactive waste’’ has the (6) recommendations for a mechanism to en- for a specific program, project, or activity by meaning given the term in section 2 of the Nu- sure that any spent nuclear fuel or high-level this Act. clear Waste Policy Act of 1982 (42 U.S.C. 10101). radioactive waste stored at a consolidated stor- (g)(1) The Secretary of Energy may waive any (3) NUCLEAR WASTE FUND.—The term ‘‘Nuclear age facility pursuant to this section shall move requirement or restriction in this section that Waste Fund’’ means the Nuclear Waste Fund to deep geologic disposal capacity, following a applies to the use of funds made available for established under section 302(c) of the Nuclear consent-based approval process for that deep the Department of Energy if compliance with Waste Policy Act of 1982 (42 U.S.C. 10222(c)). geologic disposal capacity consistent with sub- such requirement or restriction would pose a (4) SECRETARY.—The term ‘‘Secretary’’ means section (d), within a reasonable time after the substantial risk to human health, the environ- the Secretary of Energy. issuance of a license to construct and operate ment, welfare, or national security. (5) SPENT NUCLEAR FUEL.—The term ‘‘spent the consolidated storage facility. (2) The Secretary of Energy shall notify the nuclear fuel’’ has the meaning given the term in (g) PUBLIC PARTICIPATION.—Prior to choosing Committees on Appropriations of both Houses of section 2 of the Nuclear Waste Policy Act of 1982 a site for the construction of a consolidated stor- Congress of any waiver under paragraph (1) as (42 U.S.C. 10101). age facility under this section, the Secretary

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00103 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.020 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7504 CONGRESSIONAL RECORD — HOUSE December 8, 2016 shall conduct 1 or more public hearings in the ties authorized by subtitle V of title 40, United (b)(1) The Nuclear Regulatory Commission vicinity of each potential site and in at least 1 States Code, $10,000,000, to remain available may waive the notification requirement in (a) if other location within the State in which the site until expended: Provided, That such amounts compliance with such requirement would pose a is located to solicit public comments and rec- shall be available for administrative expenses, substantial risk to human health, the environ- ommendations. notwithstanding section 15751(b) of title 40, ment, welfare, or national security. (h) USE OF NUCLEAR WASTE FUND.—The Sec- United States Code. (2) The Nuclear Regulatory Commission shall retary may make expenditures from the Nuclear NUCLEAR REGULATORY COMMISSION notify the Committees on Appropriations of both Waste Fund to carry out this section, subject to SALARIES AND EXPENSES Houses of Congress of any waiver under para- appropriations. For expenses necessary for the Commission in graph (1) as soon as practicable, but not later SEC. 307. (a) Not later than 30 days after the carrying out the purposes of the Energy Reorga- than 3 days after the date of the activity to date of enactment of this Act, the Administrator nization Act of 1974 and the Atomic Energy Act which a requirement or restriction would other- of the Western Area Power Administration shall of 1954, $939,000,000, including official represen- wise have applied. Such notice shall include an submit to the appropriate committees of Con- tation expenses not to exceed $25,000, to remain explanation of the substantial risk under para- gress a report that— available until expended: Provided, That of the graph (1) that permitted such waiver and shall (1) examines the use of a provision described amount appropriated herein, not more than provide a detailed report to the Committees of in subsection (b) in any power contracts of the $7,500,000 may be made available for salaries, such waiver and changes to funding levels to Western Area Power Administration that were travel, and other support costs for the Office of programs, projects, or activities. executed before or on the date of enactment of the Commission, to remain available until Sep- (c) Except as provided in subsections (a), (b), this Act; and tember 30, 2018, of which, notwithstanding sec- and (d), the amounts made available by this (2) explains the circumstances for not includ- tion 201(a)(2)(c) of the Energy Reorganization title for ‘‘Nuclear Regulatory Commission—Sala- ing a provision described in subsection (b) in Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and ries and Expenses’’ shall be expended as di- power contracts of the Western Area Power Ad- expenditure shall only be approved by a major- rected in the report accompanying this Act. ministration executed before or on the date of ity vote of the Commission: Provided further, (d) None of the funds provided for the Nuclear enactment of this Act. Regulatory Commission shall be available for (b) A provision referred to in subsection (a) is That revenues from licensing fees, inspection obligation or expenditure through a reprogram- a termination clause described in section 11 of services, and other services and collections esti- ming of funds that increases funds or personnel the general power contract provisions of the mated at $822,240,000 in fiscal year 2017 shall be for any program, project, or activity for which Western Power Administration, effective Sep- retained and used for necessary salaries and ex- funds are denied or restricted by this Act. tember 1, 2007. penses in this account, notwithstanding 31 U.S.C. 3302, and shall remain available until ex- (e) The Commission shall provide a monthly TITLE IV pended: Provided further, That of the amounts report to the Committees on Appropriations of INDEPENDENT AGENCIES appropriated under this heading, not less than both Houses of Congress, which includes the fol- APPALACHIAN REGIONAL COMMISSION $5,000,000 shall be for activities related to the lowing for each program, project, or activity, in- For expenses necessary to carry out the pro- development of regulatory infrastructure for ad- cluding any prior year appropriations— grams authorized by the Appalachian Regional vanced nuclear reactor technologies, and (1) total budget authority; Development Act of 1965, and for expenses nec- $5,000,000 of that amount shall not be available (2) total unobligated balances; and essary for the Federal Co-Chairman and the Al- from fee revenues, notwithstanding 42 U.S.C. (3) total unliquidated obligations. ternate on the Appalachian Regional Commis- 2214: Provided further, That the sum herein ap- TITLE V sion, for payment of the Federal share of the propriated shall be reduced by the amount of GENERAL PROVISIONS administrative expenses of the Commission, in- revenues received during fiscal year 2017 so as to cluding services as authorized by 5 U.S.C. 3109, result in a final fiscal year 2017 appropriation SEC. 501. None of the funds appropriated by and hire of passenger motor vehicles, estimated at not more than $116,760,000: Pro- this Act may be used in any way, directly or in- $151,000,000, to remain available until expended. vided further, That of the amounts appropriated directly, to influence congressional action on any legislation or appropriation matters pend- DEFENSE NUCLEAR FACILITIES SAFETY BOARD under this heading, not less than $543,000 shall be used to implement the requirements of the ing before Congress, other than to communicate SALARIES AND EXPENSES Digital Accountability and Transparency Act of to Members of Congress as described in 18 U.S.C. For expenses necessary for the Defense Nu- 2014 (Public Law 113–101; 128 Stat. 1146). 1913. clear Facilities Safety Board in carrying out ac- OFFICE OF INSPECTOR GENERAL SEC. 502. (a) None of the funds made available tivities authorized by the Atomic Energy Act of For expenses necessary for the Office of In- in title III of this Act may be transferred to any 1954, as amended by Public Law 100–456, section spector General in carrying out the provisions of department, agency, or instrumentality of the 1441, $31,000,000, to remain available until Sep- the Inspector General Act of 1978, $12,129,000, to United States Government, except pursuant to a tember 30, 2018. remain available until September 30, 2018: Pro- transfer made by or transfer authority provided DELTA REGIONAL AUTHORITY vided, That revenues from licensing fees, inspec- in this Act or any other appropriations Act for SALARIES AND EXPENSES tion services, and other services and collections any fiscal year, transfer authority referenced in For expenses necessary for the Delta Regional estimated at $10,044,000 in fiscal year 2017 shall the report of the Committee on Appropriations Authority and to carry out its activities, as au- be retained and be available until September 30, accompanying this Act, or any authority where- thorized by the Delta Regional Authority Act of 2018, for necessary salaries and expenses in this by a department, agency, or instrumentality of 2000, notwithstanding sections 382C(b)(2), account, notwithstanding section 3302 of title the United States Government may provide 382F(d), 382M, and 382N of said Act, $25,000,000, 31, United States Code: Provided further, That goods or services to another department, agency, to remain available until expended. the sum herein appropriated shall be reduced by or instrumentality. (b) None of the funds made available for any DENALI COMMISSION the amount of revenues received during fiscal year 2017 so as to result in a final fiscal year department, agency, or instrumentality of the For expenses necessary for the Denali Com- United States Government may be transferred to mission including the purchase, construction, 2017 appropriation estimated at not more than $2,085,000: Provided further, That of the accounts funded in title III of this Act, except and acquisition of plant and capital equipment pursuant to a transfer made by or transfer au- as necessary and other expenses, $15,000,000, to amounts appropriated under this heading, $969,000 shall be for Inspector General services thority provided in this Act or any other appro- remain available until expended, notwith- priations Act for any fiscal year, transfer au- standing the limitations contained in section for the Defense Nuclear Facilities Safety Board, which shall not be available from fee revenues. thority referenced in the report of the Committee 306(g) of the Denali Commission Act of 1998: on Appropriations accompanying this Act, or NUCLEAR WASTE TECHNICAL REVIEW BOARD Provided, That funds shall be available for con- any authority whereby a department, agency, struction projects in an amount not to exceed 80 SALARIES AND EXPENSES or instrumentality of the United States Govern- percent of total project cost for distressed com- For expenses necessary for the Nuclear Waste ment may provide goods or services to another munities, as defined by section 307 of the Denali Technical Review Board, as authorized by Pub- department, agency, or instrumentality. Commission Act of 1998 (division C, title III, lic Law 100–203, section 5051, $3,600,000, to be (c) The head of any relevant department or Public Law 105–277), as amended by section 701 derived from the Nuclear Waste Fund, to remain agency funded in this Act utilizing any transfer of appendix D, title VII, Public Law 106–113 (113 available until September 30, 2018. authority shall submit to the Committees on Ap- Stat. 1501A–280), and an amount not to exceed GENERAL PROVISIONS—INDEPENDENT propriations of both Houses of Congress a semi- 50 percent for non-distressed communities: Pro- AGENCIES annual report detailing the transfer authorities, vided further, That, notwithstanding any other SEC. 401. (a) The amounts made available by except for any authority whereby a department, provision of law regarding payment of a non- this title for the Nuclear Regulatory Commission agency, or instrumentality of the United States Federal share in connection with a grant-in-aid may be reprogrammed for any program, project, Government may provide goods or services to program, amounts under this heading shall be or activity, and the Commission shall notify the another department, agency, or instrumentality, available for the payment of such a non-Federal Committees on Appropriations of both Houses of used in the previous 6 months and in the year- share for programs undertaken to carry out the Congress at least 30 days prior to the use of any to-date. This report shall include the amounts purposes of the Commission. proposed reprogramming that would cause any transferred and the purposes for which they NORTHERN BORDER REGIONAL COMMISSION program funding level to increase or decrease by were transferred, and shall not replace or mod- For expenses necessary for the Northern Bor- more than $500,000 or 10 percent, whichever is ify existing notification requirements for each der Regional Commission in carrying out activi- less, during the time period covered by this Act. authority.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00104 Fmt 4634 Sfmt 6333 E:\CR\FM\A08DE7.020 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7505 This Act may be cited as the ‘‘Energy and lic Law 111–80) may be apportioned up to the 2306b of title 10, United States Code, until Water Development and Related Agencies Ap- rate for operations necessary to ensure that the date of enactment of an Act authorizing propriations Act, 2017’’. the program can be fully operational by appropriations for fiscal year 2017 for mili- May, 2017. tary activities of the Department of Defense, MOTION OFFERED BY MR. ROGERS OF KENTUCKY ‘‘SEC. 148. Section 26(d) of the Richard B. subject to satisfaction of all other require- Mr. ROGERS of Kentucky. Mr. Russell National School Lunch Act (42 U.S.C. ments of such section 2306b. Speaker, I have a motion at the desk. 1769g(d)) is amended in the first sentence by ‘‘SEC. 157. Notwithstanding section 102, The SPEAKER pro tempore. The striking ‘2010 through 2016’ and inserting funds made available pursuant to section 101 Clerk will designate the motion. ‘2010 through 2017’. for ‘Department of Defense—Procurement— The text of the motion is as follows: ‘‘SEC. 149. Amounts made available by sec- Aircraft Procurement, Air Force’ are pro- tion 101 for ‘Department of Agriculture— vided for the KC–46A Tanker up to the rate Mr. ROGERS of Kentucky moves that the Rural Utilities Service’ may be transferred House concur in the Senate amendment to for operations necessary to support the pro- between appropriations under such heading H.R. 2028 with an amendment consisting of duction rate specified in the President’s fis- as necessary for the cost of direct tele- the text of Rules Committee Print 114–70 cal year 2017 budget request. communications loans authorized by section ‘‘SEC. 158. Notwithstanding section 101, sec- modified by the amendment printed in House 305 of the Rural Electrification Act of 1936 (7 tion 301(d) of division D of Public Law 114–113 Report 114–849. U.S.C. 935). shall not apply to amounts made available The text of the House amendment to ‘‘SEC. 150. Amounts made available by Sec- by this Act for ‘Department of Energy— the Senate amendment to the text is as tion 101 for ‘Department of Agriculture— Atomic Energy Defense Activities—National follows: Rural Housing Service—Rural Housing In- Nuclear Security Administration—Weapons In lieu of the matter proposed to be in- surance Fund Program Account’ for the sec- Activities’: Provided, That the Secretary of serted by the Senate, insert the following: tion 538 Guaranteed Multi-Family Housing Energy shall notify the Committees on Ap- Loan Program may be apportioned up to the propriations of the House of Representatives SECTION 1. SHORT TITLE. rate necessary to fund loans for which appli- and the Senate not later than 15 days after This Act may be cited the ‘‘Further Con- cations are approved. funds made available by this Act for such ac- tinuing and Security Assistance Appropriations ‘‘SEC. 151. Amounts made available by sec- count are allotted to a Department of En- Act, 2017’’. tion 101 for ‘Department of Commerce—Na- ergy program, project, or activity at a rate SEC. 2. TABLE OF CONTENTS. tional Oceanic and Atmospheric Administra- for operations that differs from that pro- Sec. 1. Short title. tion—Procurement, Acquisition and Con- vided under such heading in division D of Sec. 2. Table of contents. struction’ may be apportioned up to the rate Public Law 114–113 by more than $5,000,000 or Sec. 3. References. for operations necessary to maintain the 10 percent. Sec. 4. Availability of funds. planned launch schedules for the Joint Polar ‘‘SEC. 159. As authorized by section 404 of DIVISION A—FURTHER CONTINUING Satellite System. the Bipartisan Budget Act of 2015 (Public ‘‘SEC. 152. Amounts made available by sec- APPROPRIATIONS ACT, 2017 Law 114–74; 42 U.S.C. 6239 note), the Sec- tion 101 for ‘Department of Commerce—Bu- retary of Energy shall draw down and sell DIVISION B—SECURITY ASSISTANCE reau of the Census—Periodic Censuses and not to exceed $375,400,000 of crude oil from APPROPRIATIONS ACT, 2017 Programs’ may be apportioned up to the rate the Strategic Petroleum Reserve in fiscal Title I—Department of Defense for operations necessary to maintain the year 2017: Provided, That the proceeds from Title II—Department of State, Foreign Oper- schedule and deliver the required data ac- such drawdown and sale shall be deposited ations, and Related Agencies cording to statutory deadlines in the 2020 De- into the ‘Energy Security and Infrastructure SEC. 3. REFERENCES. cennial Census Program. Modernization Fund’ (in this section referred Except as expressly provided otherwise, ‘‘SEC. 153. Amounts made available by sec- to as the ‘Fund’) during fiscal year 2017: Pro- any reference to ‘‘this Act’’ contained in di- tion 101 for ‘National Aeronautics and Space vided further, That in addition to amounts vision B of this Act shall be treated as refer- Administration—Exploration’ may be appor- otherwise made available by section 101, and ring only to the provisions of that division. tioned up to the rate for operations nec- notwithstanding section 104, any amounts SEC. 4. AVAILABILITY OF FUNDS. essary to maintain the planned launch capa- deposited in the Fund shall be made avail- (a) Each amount designated in this Act, or bility schedules for the Space Launch Sys- able and shall remain available until ex- in an amendment made by this Act, by the tem launch vehicle, Exploration Ground Sys- pended at a rate for operations of $375,400,000, Congress as an emergency requirement pur- tems, and Orion Multi-Purpose Crew Vehicle for necessary expenses in carrying out the suant to section 251(b)(2)(A) of the Balanced programs. Life Extension II project for the Strategic Budget and Emergency Deficit Control Act ‘‘SEC. 154. In addition to the amount other- Petroleum Reserve. of 1985 shall be available only if the Presi- wise provided by section 101, and notwith- ‘‘SEC. 160. (a) Notwithstanding section 101, dent subsequently so designates all such standing section 104 and section 109, for ‘De- amounts are provided for ‘Department of En- amounts and transmits such designations to partment of Justice—State and Local Law ergy—Energy Programs—Uranium Enrich- the Congress. Enforcement Activities—Office of Justice ment Decontamination and Decommis- (b) Each amount designated in this Act by Programs—State and Local Law Enforce- sioning Fund’ at a rate for operations of the Congress for Overseas Contingency Oper- ment Assistance’, there is appropriated $767,014,000: Provided, That such amounts ations/Global War on Terrorism pursuant to $7,000,000, for an additional amount for the may not be reprogrammed below the levels section 251(b)(2)(A) of the Balanced Budget Edward Byrne Memorial Justice Assistance provided in the table referred to in section and Emergency Deficit Control Act of 1985 Grant program for the purpose of providing 301(d) of division D of Public Law 114–113. shall be available (or rescinded, if applicable) reimbursement of extraordinary law enforce- ‘‘(b) As of the date of the enactment of this only if the President subsequently so des- ment overtime costs directly and solely asso- section, section 123 of this Act shall not be in ignates all such amounts and transmits such ciated with protection of the President-elect effect. designations to the Congress. incurred from November 9, 2016 until the in- ‘‘SEC. 161. In addition to amounts provided auguration of the President-elect as Presi- by section 101, amounts are provided for DIVISION A—FURTHER CONTINUING dent: Provided, That reimbursement shall be ‘General Services Administration—Allow- APPROPRIATIONS ACT, 2017 provided only for overtime costs that a State ances and Office Staff for Former Presidents’ SEC. 101. The Continuing Appropriations or local law enforcement agency can docu- for the pension of the outgoing President at Act, 2017 (division C of Public Law 114–223) is ment as being over and above normal law en- a rate for operations of $157,000. amended by— forcement operations and directly attrib- ‘‘SEC. 162. (a) SHORT TITLE.—This section (1) striking the date specified in section utable to security for the President-elect. may be cited as the ‘SOAR Funding Avail- 106(3) and inserting ‘‘April 28, 2017’’; ‘‘SEC. 155. Notwithstanding sections 101, ability Act’. (2) striking ‘‘0.496 percent’’ in section 101(b) 102, and 104 of this Act, from within amounts ‘‘(b) REQUIRING USE OF FUNDS REMAINING and inserting ‘‘0.1901 percent’’; and provided for ‘Department of Defense—Pro- UNOBLIGATED FROM PREVIOUS FISCAL (3) inserting after section 145 the following curement—Shipbuilding and Conversion, YEARS.—Section 3007 of the Scholarships for new sections: Navy’, funds are provided for ‘Ohio Replace- Opportunity and Results Act (sec. 38–1853.07, ‘‘SEC. 146. Amounts made available by sec- ment Submarine (AP)’ at a rate for oper- D.C. Official Code) is amended by adding at tion 101 for ‘Department of Agriculture— ations of $773,138,000. the end the following: Farm Service Agency—Agricultural Credit ‘‘SEC. 156. (a) Notwithstanding sections 102 ‘‘ ‘(e) REQUIRING USE OF FUNDS REMAINING Insurance Fund Program Account’ may be and 104 of this Act, amounts made available UNOBLIGATED FROM PREVIOUS FISCAL apportioned up to the rate for operations pursuant to section 101 may be used for YEARS.— necessary to fund loans for which applica- multiyear procurement contracts, including ‘‘ ‘(1) IN GENERAL.—To the extent that any tions are approved. advance procurement, for the AH–64E Attack funds appropriated for the opportunity schol- ‘‘SEC. 147. Amounts made available by sec- Helicopter and the UH–60M Black Hawk Heli- arship program under this division for any tion 101 for ‘Department of Agriculture— copter. fiscal year remain available for subsequent Food and Nutrition Service—Child Nutrition ‘‘(b) The Secretary of the Army may exer- fiscal years under section 3014(c), the Sec- Programs’ to carry out section 749(g) of the cise the authority conferred in subsection (a) retary shall make such funds available to el- Agriculture Appropriations Act of 2010 (Pub- notwithstanding subsection (i)(1) of section igible entities receiving grants under section

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00105 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.020 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7506 CONGRESSIONAL RECORD — HOUSE December 8, 2016

3004(a) for the uses described in paragraph ‘‘(a) IN GENERAL.—This section may be entered on either PAYGO scorecard main- (2)— cited as the ‘Continued Health Benefits for tained pursuant to section 4(d) of the Statu- ‘‘ ‘(A) in the case of any remaining funds Miners Act’. tory Pay-As-You-Go Act of 2010. that were appropriated before the date of en- ‘‘(b) INCLUSION OF CERTAIN RETIREES IN THE ‘‘(2) SENATE PAYGO SCORECARDS.—The budg- actment of the SOAR Funding Availability MULTIEMPLOYER HEALTH BENEFIT PLAN.— etary effects of this section shall not be en- Act, beginning on the date of enactment of Section 402(h)(2)(C) of the Surface Mining tered on any PAYGO scorecard maintained such Act; and Control and Reclamation Act of 1977 (30 for purposes of section 201 of S. Con. Res. 21 ‘‘ ‘(B) in the case of any remaining funds U.S.C. 1232(h)(2)(C)) is amended— (110th Congress). appropriated on or after the date of enact- ‘‘(1) by striking ‘A transfer’ and inserting ‘‘(3) CLASSIFICATION OF BUDGETARY EF- ment of such Act, by the first day of the first the following: FECTS.—Notwithstanding Rule 3 of the Budg- subsequent fiscal year. ‘‘ ‘(i) TRANSFER TO THE PLAN.—A transfer’; et Scorekeeping Guidelines set forth in the ‘‘ ‘(2) USE OF FUNDS.—If an eligible entity ‘‘(2) by redesignating clauses (i) and (ii) as joint explanatory statement of the com- to which the Secretary provided additional subclauses (I) and (II), respectively, and mittee of conference accompanying Con- funds under paragraph (1) elects to use such moving such subclauses 2 ems to the right; ference Report 105-217 and section 250(c)(8) of funds during a fiscal year, the eligible entity and the Balanced Budget and Emergency Deficit shall use— ‘‘(3) by striking the matter following such Control Act of 1985, the budgetary effects of ‘‘ ‘(A) not less than 95 percent of such addi- subclause (II) (as so redesignated) and insert- this section shall not be estimated— tional funds to provide additional scholar- ing the following: ‘‘(A) for purposes of section 251 of such Act; ships for eligible students under subsection ‘‘ ‘(ii) CALCULATION OF EXCESS.—The excess and (a), or to increase the amount of the scholar- determined under clause (i) shall be cal- ‘‘(B) for purposes of paragraph (4)(C) of sec- ships, during such year; and culated— tion 3 of the Statutory Pay-As-You-Go Act ‘‘ ‘(B) not more than a total of 5 percent of ‘‘ ‘(I) except as provided in subclause (II), of 2010 as being included in an appropriation by taking into account only those bene- such additional funds for administrative ex- Act. ficiaries actually enrolled in the Plan as of penses, parental assistance, or tutoring, as ‘‘SEC. 168. Notwithstanding section 111, the December 31, 2006, who are eligible to receive described in subsections (b), (c), and (d), dur- fourth proviso under the heading ‘Depart- health benefits under the Plan on the first ing such year. ment of Labor—Office of Workers’ Com- day of the calendar year for which the trans- ‘‘ ‘(3) SPECIAL RULE.—Any amounts made pensation Programs—Special Benefits’ shall fer is made; and available for administrative expenses, paren- be applied by substituting ‘$66,675,000’ for ‘‘ ‘(II) for purposes of the transfer made for tal assistance, or tutoring under paragraph ‘$62,170,000’, ‘$22,740,000’ for ‘$21,140,000’, fiscal year 2017, as if, for the period begin- (2)(B) shall be in addition to any other ‘$16,866,000’ for ‘$16,668,000’ and ‘$4,101,000’ for ning January 1, 2017, and ending April 30, amounts made available for such purposes in ‘$1,394,000’. 2017, only— accordance with subsections (b), (c), and ‘‘SEC. 169. Section 458(a)(4) of the Higher ‘‘ ‘(aa) those beneficiaries actually enrolled (d).’. Education Act of 1965 (20 U.S.C. 1087h(a)(4)) ‘‘(c) AVAILABILITY OF FUNDS.—Section 3014 in the Plan as of the date of the enactment shall be applied by substituting ‘2017’ for of such Act (sec. 38–1853.14, D.C. Official of the Continued Health Benefits for Miners ‘2016’. Code) is amended by adding at the end the Act who are eligible to receive health bene- ‘‘SEC. 170. (a) Notwithstanding any other following: fits under the Plan on January 1, 2017, other provision of law, the Secretary of Health and ‘‘ ‘(c) AVAILABILITY.—Amounts appro- than those beneficiaries enrolled in the Plan Human Services (referred to in this section priated under subsection (a)(1), including under the terms of a participation agreement as the ‘Secretary’) may transfer up to amounts appropriated and available under with the current or former employer of such $300,000,000 from the Fund established by sec- such subsection before the date of enactment beneficiaries; and tion 223 of the Department of Health and of the SOAR Funding Availability Act, shall ‘‘ ‘(bb) those beneficiaries whose health Human Services Appropriations Act, 2008 (42 remain available until expended.’. benefits, defined as those benefits payable di- U.S.C. 3514a) to ‘Department of Health and ‘‘(d) EFFECTIVE DATE.—The amendments rectly following death or retirement or upon Human Services—Administration for Chil- made by this section shall take effect on the a finding of disability by an employer in the dren and Families—Refugee and Entrant As- date of enactment of this section. bituminous coal industry under a coal wage sistance’ only for activities authorized under ‘‘SEC. 163. Amounts made available by sec- agreement (as defined in section 9701(b)(1) of section 462 of the Homeland Security Act of tion 101 for ‘U.S. Customs and Border Protec- the Internal Revenue Code of 1986), would be 2002 (6 U.S.C. 279) and section 235 of the Wil- tion—Operations and Support’, ‘U.S. Immi- denied or reduced as a result of a bankruptcy liam Wilberforce Trafficking Victims Pro- gration and Customs Enforcement—Oper- proceeding commenced in 2012 or 2015, tection Reauthorization Act of 2008 (8 U.S.C. ations and Support’, ‘Transportation Secu- were taken into account, and for any other 1232): Provided, That such funds transferred rity Administration—Operations and Sup- period during such fiscal year, only the bene- shall not be available for obligation prior to port’, and ‘United States Secret Service—Op- ficiaries described in subclause (I) were February 1, 2017. erations and Support’ accounts of the De- taken into account. ‘‘(b) In addition to amounts provided by partment of Homeland Security shall be ap- ‘‘ ‘(iii) ELIGIBILITY OF CERTAIN RETIREES.— subsection (a), if after March 1, 2017, and be- portioned at a rate for operations as nec- Individuals referred to in clause (ii)(II)(bb) fore the date specified in section 106(3), the essary, and apportioned to provide staffing shall be treated as eligible to receive health Secretary, in consultation with the Sec- levels as necessary, to ensure border secu- benefits under the Plan for the plan year retary of Homeland Security, determines rity, fulfill immigration enforcement prior- that includes January 1, 2017. that the percentage increase in the cumu- ities, maintain aviation security activities, ‘‘ ‘(iv) REQUIREMENTS FOR TRANSFER.—The lative number of cases transferred to the and carry out the mission associated with amount of the transfer otherwise determined custody of the Secretary pursuant to such the protection of the President-elect. under this subparagraph for fiscal year 2017 sections 462 and 235 for the current fiscal ‘‘SEC. 164. Amounts made available by sec- shall be reduced by any amount transferred year over the number transferred through tion 101 for ‘National Gallery of Art—Sala- for the fiscal year to the Plan, to pay bene- the comparable date in the previous fiscal ries and Expenses’ may be apportioned up to fits required under the Plan, from a vol- year exceeds 40 percent, an amount not to the rate for operations necessary to provide untary employees’ beneficiary association exceed $200,000,000 may be made available to for staffing, maintenance, security, and ad- established as a result of a bankruptcy pro- ‘Department of Health and Human Serv- ministrative expenses for the recently re- ceeding described in clause (ii)(II). ices—Administration for Children and Fami- opened galleries. ‘‘ ‘(v) VEBA TRANSFER.—The administrator lies—Refugee and Entrant Assistance’ only ‘‘SEC. 165. Amounts made available by sec- of such voluntary employees’ beneficiary as- for activities authorized under such sections tion 101 for ‘Smithsonian Institution—Sala- sociation shall transfer to the Plan any 462 and 235. ries and Expenses’ may be apportioned up to amounts received as a result of such bank- ‘‘(c) The Committees on Appropriations of the rate for operations necessary to provide ruptcy proceeding, reduced by an amount for the House of Representatives and the Senate for facilities maintenance, facilities oper- administrative costs of such association.’. shall be notified at least 15 days in advance ations, security, and support at the National ‘‘(c) PRESERVATION OF PAYMENTS TO STATES of any funds being made available under sub- Museum of African American History and AND INDIAN TRIBES.—Subparagraph (B) of section (a). Culture. section 402(i)(3) of the Surface Mining Con- ‘‘(d) Of the unobligated balances available ‘‘SEC. 166. Amounts made available by sec- trol and Reclamation Act of 1977 (30 U.S.C. in the Fund established by section 223 of the tion 101 for ‘Department of Health and 1232(i)(3)) is amended— Department of Health and Human Services Human Services—Indian Health Service—In- ‘‘(1) by striking ‘so that’ and inserting Appropriations Act, 2008 (42 U.S.C. 3514a), dian Health Services’ and for ‘Department of ‘under paragraph (1) so that’; $100,000,000 is hereby rescinded. Health and Human Services—Indian Health ‘‘(2) by striking ‘each transfer’ in clause (i) ‘‘SEC. 171. Notwithstanding any other pro- Service—Indian Health Facilities’, respec- and inserting ‘each such transfer’; and vision of this Act, within 10 days of the en- tively, may be apportioned up to the rate for ‘‘(3) by striking ‘this subsection’ in clause actment of this section, the Secretary of operations necessary to provide for costs of (iii) and inserting ‘paragraph (1)’. Health and Human Services shall transfer staffing and operating newly constructed fa- ‘‘(d) BUDGETARY EFFECTS.— funds appropriated for fiscal year 2017 under cilities. ‘‘(1) STATUTORY PAYGO SCORECARDS.—The section 4002 of Public Law 111–148 (42 U.S.C. ‘‘SEC. 167. MINERS HEALTH BENEFITS.— budgetary effects of this section shall not be 300u–11) to the accounts specified, in the

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00106 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.024 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7507

amounts specified, and for the activities AGREEMENTS WITH FEDERAL DEPARTMENTS trict of Columbia will retain responsibility specified in subsection (a) of section 221 of AND AGENCIES FOR USE OF BUILDING.— for the maintenance and improvement of division H of Public Law 114–113, except that ‘‘(1) AUTHORITY DESCRIBED.—The Architect those portions of the streets which are situ- the Secretary shall adjust the amounts of the Capitol is authorized to enter into ated between the curb lines of the streets transferred to the Centers for Disease Con- leases and other agreements with depart- referenced in paragraph (1). trol and Prevention under this section to re- ments and agencies of the Federal Govern- ‘‘SEC. 177. (a) During the 115th Congress— sult in a total amount transferred to such ment for the use of the building described in ‘‘(1) amounts made available for the Office agency under this section that is $1,000,000 subsection (e) (or portions thereof), subject of the Secretary of the Conference of the Mi- less than the total amount transferred to to the approval of the House Office Building nority of the Senate shall be available for such agency under such section 221: Provided, Commission. the Office of the Assistant Minority Leader That subsections (b) and (c) of such section ‘‘(2) COLLECTION OF PAYMENTS.—Pursuant of the Senate; and 221 shall apply to amounts transferred under to a lease or other agreement entered into ‘‘(2) the duties and authorities of the Sec- this section. between the Architect of the Capitol and a retary of the Conference of the Minority of ‘‘SEC. 172. The fifth proviso under the head- department or agency of the Federal Govern- the Senate under section 3 of title I of divi- ing ‘Social Security Administration—Limi- ment under the authority described in para- sion H of the Consolidated Appropriations tation on Administrative Expenses’ in divi- graph (1), the Architect of the Capitol is au- Act, 2008 (2 U.S.C. 6154), section 101 of chap- sion H of Public Law 114–113 shall be applied thorized to collect payments from such de- ter VIII of title I of the Supplemental Appro- during the period covered by this Act by sub- partment or agency and such department or priations Act, 1979 (2 U.S.C. 6156), or any stituting ‘shall be used for activities to ad- agency is authorized to make payments to other provision of law shall be duties and au- dress the hearing backlog within the Office the Architect of the Capitol, including pay- thorities of the Assistant Minority Leader of of Disability Adjudication and Review’ for ments of commercially-equivalent rent. the Senate. ‘shall be for necessary expenses for the ren- ‘‘(3) TREATMENT OF PAYMENTS.—Any pay- ‘‘(b) For purposes of any individual em- ovation and modernization of the Arthur J. ments received by the Architect of the Cap- ployed by the Office of the Assistant Minor- Altmeyer Building’. itol pursuant to any lease or other agree- ity Leader of the Senate during the 115th ‘‘SEC. 173. Activities authorized under part ment entered into under this subsection Congress— A of title IV and section 1108(b) of the Social shall be deposited to the appropriation avail- ‘‘(1) section 506(e) of the Supplemental Ap- Security Act (except for activities author- able to the Architect of the Capitol from the propriations Act, 1973 (2 U.S.C. 6314(e)) shall ized in section 403(b)) shall continue through House Office Buildings Fund established be applied by substituting ‘Assistant Minor- the date specified in section 106(3) of this Act under subsection (d) and shall be subject to ity Leader’ for ‘Secretary of the Conference in the manner authorized for fiscal year 2016, future appropriation. of the Minority’; and out of any money in the Treasury of the ‘‘(d) HOUSE OFFICE BUILDINGS FUND.— ‘‘(2) section 207(e)(9)(M) of title 18, United United States not otherwise appropriated, ‘‘(1) ESTABLISHMENT.—There is established States Code, shall be applied by substituting there are hereby appropriated such sums as in the Treasury of the United States a fund ‘Assistant Minority Leader’ for ‘secretary of may be necessary for such purpose. to be known as the ‘House Office Buildings the Conference of the Minority’; and ‘‘SEC. 174. The Secretary of Health and Fund’ (hereafter in this section referred to as ‘‘(3) subsection (b) of the first section of S. Human Services may use discretionary the ‘Fund’). Res. 458 (98th Congress) shall be applied by amounts appropriated in this Act for the De- ‘‘(2) CONTENTS OF FUND.—The Fund shall substituting ‘Assistant Minority Leader’ for partment of Health and Human Services to consist of the following amounts: ‘Secretary of the Conference of the Minor- carry out section 399V–6 of the Public Health ‘‘(A) Amounts transferred by the Architect ity’. Service Act (42 U.S.C. 280g–17). of the Capitol under paragraph (3) of sub- ‘‘(c) For purposes of any individual em- ‘‘SEC. 175. Notwithstanding any other pro- section (c). ployed by the Office of the Assistant Minor- vision of law, no adjustment shall be made ‘‘(B) Interest earned on the balance of the ity Leader of the Senate during the 115th under section 601(a) of the Legislative Reor- Fund. Congress, with respect to any practice that ganization Act of 1946 (2 U.S.C. 4501) (relat- ‘‘(C) Such other amounts as may be appro- occurs during that Congress, section ing to cost of living adjustments for Mem- priated by law. 220(e)(2)(C) of the Congressional Account- bers of Congress) during fiscal year 2017. ‘‘(3) USE OF FUND.—Amounts in the Fund ability Act of 1995 (2 U.S.C. 1351(e)(2)(C)) ‘‘SEC. 176. TRANSFER OF O’NEILL BUILDING shall be available to the Architect of the shall be applied by substituting ‘the Office of TO HOUSE OF REPRESENTATIVES.—(a) TRANS- Capitol for the maintenance, care, and oper- the Assistant Minority Leader of the Senate’ FER.—Effective upon the expiration of the ation of the House office buildings, and may for ‘the Office of the Secretary of the Con- 180-day period that begins on the date of the be used to reimburse the United States Cap- ference of the Minority of the Senate’. enactment of this section— itol Police, the House of Representatives, or ‘‘(d) Nothing in this section shall be con- ‘‘(1) the building described in subsection (e) any other office of the legislative branch strued to have any effect on the continu- shall become an office building of the House which provides goods or services for the ation of any procedure or action initiated of Representatives; maintenance, care, and operation of the under the Congressional Accountability Act ‘‘(2) the Administrator of General Services building and grounds described in subsection of 1995 (2 U.S.C. 1301 et seq.) or section 207 of shall transfer custody, control, and adminis- (e), in such amounts as may be appropriated title 18, United States Code. trative jurisdiction over the building to the under law. ‘‘SEC. 178. Section 21(d) of Senate Resolu- Architect of the Capitol; and ‘‘(4) NOTIFICATION TO COMMITTEE ON APPRO- tion 64 of the One Hundred Thirteenth Con- ‘‘(3) the Architect of the Capitol shall exer- PRIATIONS.—Upon making any obligation or gress, 1st session (agreed to on March 5, 2013) cise custody, control, and administrative ju- expenditure of any amount in the Fund, the is amended by striking ‘December 31, 2016’ risdiction over the building subject to the di- Architect of the Capitol shall notify the and inserting ‘December 31, 2018’. rection of the House Office Building Commis- Committee on Appropriations of the House ‘‘SEC. 179. EXPEDITED CONSIDERATION OF sion. of Representatives of the amount and pur- CERTAIN LEGISLATION.— ‘‘(b) TREATMENT AS HOUSE OFFICE BUILDING pose of the obligation or expenditure. ‘‘(a) QUALIFYING LEGISLATION DEFINED.—In this section, the term ‘qualifying legislation’ AND PART OF CAPITOL GROUNDS.—Upon the ‘‘(5) CONTINUING AVAILABILITY OF FUNDS.— transfer of custody, control, and administra- Amounts in the Fund are available without means a Senate bill or joint resolution— tive jurisdiction under subsection (a), the regard to fiscal year limitation. ‘‘(1) that is introduced in the Senate dur- building and grounds described in subsection ‘‘(e) DESCRIPTION OF BUILDING AND ing the 30-calendar day period beginning on (e) shall be treated as a House Office Build- GROUNDS.— the date on which Congress convenes the ing and as part of the United States Capitol ‘‘(1) DESCRIPTION.—The building and First Session of the 115th Congress; Grounds for purposes of all laws, rules, and grounds described in this subsection is the ‘‘(2) the title of which is as follows: ‘To regulations applicable to the House Office Federal building located in the District of provide for an exception to a limitation Buildings and the Capitol Grounds, includ- Columbia which is commonly known as the against appointment of persons as Secretary ing— ‘Thomas P. O’Neill Jr. Federal Building’, and of Defense within seven years of relief from ‘‘(1) chapter 51 of title 40, United States which is more particularly described as fol- active duty as a regular commissioned offi- Code (relating to the administration of the lows: Square 579, Lot 827, at 200 C Street cer of the Armed Forces.’; and United States Capitol Buildings and Southwest, bounded by C Street Southwest ‘‘(3) the matter after the enacting or re- Grounds); and on the north, by 2nd Street Southwest on the solving clause of which is as follows: ‘‘(2) section 9 of the Act entitled ‘An Act to east, by D Street Southwest on the south, ‘‘ ‘SECTION 1. EXCEPTION TO LIMITATION define the area of the United States Capitol and by 3rd Street Southwest on the west, and AGAINST APPOINTMENT OF PER- by all that area contiguous to and sur- SONS AS SECRETARY OF DEFENSE Grounds, to regulate the use thereof, and for WITHIN SEVEN YEARS OF RELIEF other purposes’, approved July 31, 1946 (2 rounding Square 579 from the property line FROM ACTIVE DUTY AS REGULAR U.S.C. 1961) (relating to the authority of the thereof to the west curb of 3rd Street South- COMMISSIONED OFFICERS OF THE United States Capitol Police to police the west, the north curb of C Street Southwest, ARMED FORCES. United States Capitol Buildings and the east curb of 2nd Street Southwest, and ‘‘ ‘(a) IN GENERAL.—Notwithstanding the Grounds). the south curb of D Street Southwest. second sentence of section 113(a) of title 10, ‘‘(c) AUTHORITY OF ARCHITECT OF THE CAP- ‘‘(2) RETENTION OF RESPONSIBILITIES OF DIS- United States Code, the first person ap- ITOL TO ENTER INTO LEASES AND OTHER TRICT OF COLUMBIA.—The Mayor of the Dis- pointed, by and with the advice and consent

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00107 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.024 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7508 CONGRESSIONAL RECORD — HOUSE December 8, 2016 of the Senate, as Secretary of Defense after vided between, and controlled by, the Major- for the Student Incentive Program at State the date of the enactment of this Act may be ity Leader and the Minority Leader or their Maritime Academies may, either in whole or a person who is, on the date of appointment, designees. part, be used for costs associated with the within seven years after relief, but not with- ‘‘(d) RULES OF THE SENATE.—This section is midshipmen Sea Year training program of in three years after relief, from active duty enacted— the Academy without regard to any limita- as a commissioned officer of a regular com- ‘‘(1) as an exercise of the rulemaking power tions on reprogramming or transfer under di- ponent of the Armed Forces. of the Senate and as such is deemed a part of vision L of Public Law 114–113 or otherwise ‘‘ ‘(b) LIMITED EXCEPTION.—This section ap- the rules of the Senate, but applicable only applicable under a provision of this Act. plies only to the first person appointed as with respect to the procedure to be followed ‘‘(b) The matter under the heading ‘Depart- Secretary of Defense as described in sub- in the Senate in the case of qualifying legis- ment of Transportation—Maritime Adminis- section (a) after the date of the enactment of lation described in subsection (a), and super- tration—Operations and Training’ in division this Act, and to no other person.’. sedes other rules only to the extent that this L of Public Law 114–113 is amended by strik- ‘‘(b) INTRODUCTION.—During the 30-calendar section is inconsistent with such rules; and ing the third proviso (relating to an Acad- day period described in subsection (a)(1), ‘‘(2) with full recognition of the constitu- emy spending plan). qualifying legislation may be introduced in tional right of the Senate to change the ‘‘SEC. 183. Amounts made available by sec- the Senate by the Majority Leader (or the rules (so far as relating to the procedure of tion 101 for ‘Department of Housing and Majority Leader’s designee), the Minority the Senate) at any time, in the same man- Urban Development—Public and Indian Leader (or the Minority Leader’s designee), ner, and to the same extent as in the case of Housing—Tenant-Based Rental Assistance’ the Chairman of the Committee on Armed any other rule of the Senate. may be apportioned up to the rate for oper- Services, or the Ranking Minority Member ‘‘SEC. 180. Section 133 of division L, title I ations necessary to renew grants for rental of the Committee on Armed Services. of the Consolidated Appropriations Act, 2016, assistance and administrative costs that ‘‘(c) CONSIDERATION IN THE SENATE.— Public Law 114–113, is amended to read as fol- were provided pursuant to the third through ‘‘(1) COMMITTEE REFERRAL.—Qualifying leg- lows: tenth provisos of paragraph (5) under such islation introduced in the Senate shall be re- ‘‘ ‘(a) None of the funds appropriated or heading in title II of division K of Public ferred to the Committee on Armed Services. otherwise made available by this Act or any Law 113–235 (128 Stat. 2732). ‘‘(2) REPORTING AND DISCHARGE.—If the other Act may be used to implement, admin- ‘‘SEC. 184. Notwithstanding any other pro- Committee on Armed Services has not re- ister, or enforce the requirement for two off- vision of law, if not later than 10 days after ported the qualifying legislation within 5 duty periods from 1:00 a.m. to 5:00 a.m. under the end of the Second Session of the 114th session days after the date of referral of the paragraph 395.3(c) or the restriction on use of Congress, the Office of Management and legislation, the Committee shall be dis- more than one restart during a 168-hour pe- Budget (‘OMB’) determines that the total of charged from further consideration of the riod under paragraph 395.3(d) of title 49, Code enacted appropriations for fiscal year 2017 legislation, and the qualifying legislation of Federal Regulations, and those provisions subject to the discretionary spending limits shall be placed on the appropriate calendar. shall have no force or effect upon submission in section 251(c) of the Balanced Budget and ‘‘(3) PROCEEDING TO CONSIDERATION.—Not- of the final report issued by the Secretary of Emergency Deficit Control Act of 1985, ex- withstanding Rule XXII of the Standing Transportation, as required by section 133 of cluding any appropriations that would result Rules of the Senate, it is in order at any division K of Public Law 113–235, unless the in adjustments under section 251(b)(2) of such time after the Committee on Armed Serves Secretary and the Inspector General of the Act, does not exceed the sum of the reports the qualifying legislation to the Sen- Department of Transportation each review unadjusted discretionary spending limits for ate or has been discharged from its consider- and determine that the final report fiscal year 2017 in section 251(c)(4) of such ation (even though a previous motion to the ‘‘ ‘(1) meets the statutory requirements set Act and provides written notification of that same effect has been disagreed to) to move to forth in such section; and determination, then the final sequestration proceed to the consideration of the quali- ‘‘ ‘(2) establishes that commercial motor report for fiscal year 2017 under section fying legislation, and all points of order vehicle drivers who operated under the re- 254(f)(1) of such Act and any order for fiscal against the qualifying legislation (and start provisions in operational effect be- year 2017 under section 254(f)(5) of such Act against consideration of the qualifying legis- tween July 1, 2013, and the day before the shall be issued, for the Congressional Budget lation) are waived. The motion to proceed is date of enactment of such Public Law dem- Office, 10 days after the date specified in sec- not debatable. The motion is not subject to onstrated statistically significant improve- tion 106(3) of this Act and, for OMB, 15 days a motion to postpone. A motion to recon- ment in all outcomes related to safety, oper- after the date specified in section 106(3) of sider the vote by which the motion is agreed ator fatigue, driver health and longevity, this Act: Provided, That the written notifica- to or disagreed to shall not be in order. If a and work schedules, in comparison to com- tion required by this section shall include motion to proceed to the consideration of mercial motor vehicle drivers who operated the total dollar amount and estimated uni- the qualifying legislation is agreed to, the under the restart provisions in operational form percentage that would be required to qualifying legislation shall remain the unfin- effect on June 30, 2013. eliminate a breach within a category if OMB ished business until disposed of. ‘‘ ‘(b) If the Secretary and the Inspector were to issue such final sequestration report ‘‘(4) CONSIDERATION.—Consideration of the General do not each make the findings out- and order pursuant to the timetable in sec- qualifying legislation, and all debate, debat- lined in subsection (a) of this section with tion 254(a) of such Act. able motions, and appeals in connection respect to the final report, hereafter, the 34- ‘‘SEC. 185. Notwithstanding any other pro- therewith, shall be limited to not more than hour restart rule in operational effect on vision of this Act, and in addition to the 10 hours, which shall be divided equally be- June 30, 2013 shall be restored to full force amount otherwise provided by section 101 for tween, and controlled by, the Majority Lead- and effect on the date that the Secretary the ‘Emergency Watershed Protection Pro- er and the Minority Leader or their des- submits the final report to the Committees gram’, there is appropriated $103,140,000 for ignees. A motion to further limit debate is in on Appropriations of the House of Represent- an additional amount for fiscal year 2017, to order and not debatable. An amendment to, atives and the Senate, and funds appro- remain available until expended, and for the or a motion to postpone, or a motion to pro- priated or otherwise made available by this ‘Emergency Conservation Program’, there is ceed to the consideration of other business, Act or any other Act shall be available to appropriated $102,978,524 for an additional or a motion to recommit the qualifying leg- implement, administer, or enforce the rule.’. amount for fiscal year 2017, to remain avail- islation is not in order. ‘‘SEC. 181. (a) Funds made available by sec- able until expended: Provided, That all ‘‘(5) VOTE ON PASSAGE.—The vote on pas- tion 101 for ‘Department of Transportation— amounts made available by this section are sage shall occur immediately following the Federal Aviation Administration—Oper- designated by the Congress as an emergency conclusion of the debate on the qualifying ations’ may be apportioned up to the rate for requirement pursuant to section legislation and a single quorum call at the operations necessary to avoid disruption of 251(b)(2)(A)(i) of the Balanced Budget and conclusion of the debate, if requested in ac- continuing projects or activities funded by Emergency Deficit Control Act of 1985. cordance with the rules of the Senate. Pas- this appropriation. ‘‘SEC. 186. Notwithstanding any other pro- sage of the qualifying legislation shall re- ‘‘(b) Notwithstanding section 101, the mat- vision of this Act, and in addition to the quire an affirmative vote of three-fifths of ter preceding the first proviso under the amount otherwise provided by section 101, the Members, duly chosen and sworn. heading ‘Department of Transportation— there is appropriated $74,700,000 for an addi- ‘‘(6) RULINGS OF THE CHAIR ON PROCEDURE.— Federal Aviation Administration—Facilities tional amount for fiscal year 2017, to remain Appeals from the decisions of the Chair re- and Equipment’ in division L of Public Law available until expended, for ‘National Aero- lating to the application of the rules of the 114–113 shall be applied by substituting nautics and Space Administration—Con- Senate, as the case may be, to the procedure ‘$479,412,000’ for ‘$470,049,000’ and struction and Environmental Compliance relating to qualifying legislation shall be de- ‘$2,375,588,000’ for ‘$2,384,951,000’. and Restoration’ for repairs at National Aer- cided without debate. ‘‘SEC. 182. (a) Amounts available under sec- onautics and Space Administration facilities ‘‘(7) CONSIDERATION OF VETO MESSAGES.— tion 101 for ‘Department of Transportation— damaged by Hurricane Matthew: Provided, Consideration in the Senate of any veto mes- Maritime Administration—Operations and That such amount is designated by the Con- sage with respect to the qualifying legisla- Training’ for facilities maintenance and re- gress as an emergency requirement pursuant tion, including all debate, debatable mo- pair, equipment, and capital improvements to section 251(b)(2)(A)(i) of the Balanced tions, and appeals in connection therewith, at the United States Merchant Marine Acad- Budget and Emergency Deficit Control Act shall be limited to 10 hours, to be equally di- emy, and any available prior year balances of 1985.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00108 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.024 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7509

‘‘SEC. 187. Notwithstanding any other pro- 60 days after the date of enactment of this ‘‘SEC. 194. Notwithstanding any other pro- vision of this Act, and in addition to the section, the Assistant Secretary of the Army vision of this Act, and in addition to amount otherwise provided by section 101, for Civil Works shall provide monthly re- amounts otherwise provided by section 101, there is appropriated $54,827,000 for ‘Corps of ports to the Committees on Appropriations an additional amount for fiscal year 2017 of Engineers-Civil—Construction’ for an addi- of the House of Representatives and the Sen- $352,000,000, to remain available until ex- tional amount for fiscal year 2017, to remain ate detailing the allocation and obligation of pended, is provided for ‘Department of available until expended, for necessary ex- these funds. Health and Human Services—National Insti- penses to address emergency situations at ‘‘SEC. 191. Notwithstanding any other pro- tutes of Health—NIH Innovation Account’ Corps of Engineers projects, and to rehabili- vision of this Act, and in addition to any (in this section referred to as the ‘Account’): tate and repair damages to Corps of Engi- amount otherwise provided by section 101 for Provided, That such amounts are appro- neers projects, caused by natural disasters: the ‘Emergency Relief Program’, as author- priated pursuant to section 1001(b)(3) of the Provided, That such amount is designated by ized by section 125 of title 23, United States 21st Century Cures Act, are to be derived the Congress as an emergency requirement Code, there is appropriated $1,004,017,000 for from amounts transferred under section pursuant to section 251(b)(2)(A)(i) of the Bal- fiscal year 2017, to remain available until ex- 1001(b)(2)(A) of such Act, are for the nec- anced Budget and Emergency Deficit Control pended: Provided, That such amount is des- essary expenses to carry out the purposes de- Act of 1985: Provided further, That beginning ignated by the Congress as an emergency re- scribed in section 1001(b)(4) of such Act and not later than 60 days after the date of en- quirement pursuant to section 251(b)(2)(A)(i) in the amounts provided for fiscal year 2017 actment of this section, the Assistant Sec- of the Balanced Budget and Emergency Def- in such section 1001(b)(4), and may be trans- retary of the Army for Civil Works shall pro- icit Control Act of 1985. ferred by the Director of the National Insti- vide monthly reports to the Committees on ‘‘SEC. 192. (a) Notwithstanding any other tutes of Health to other accounts of the Na- Appropriations of the House of Representa- provision of this Act, and in addition to the tional Institutes of Health solely for the pur- tives and the Senate detailing the allocation amount otherwise provided by section 101 for poses provided in such Act: Provided further, and obligation of these funds. ‘Department of Housing and Urban Develop- That upon a determination by the Director ment—Community Planning and Develop- ‘‘SEC. 188. Notwithstanding any other pro- that funds transferred pursuant to the pre- ment—Community Development Fund’, vision of this Act, and in addition to the vious proviso are not necessary for the pur- there is appropriated $1,808,976,000 for an ad- amount otherwise provided by section 101, poses provided, such amounts may be trans- ditional amount for fiscal year 2017, to re- there is appropriated $290,708,000 for ‘Corps of ferred back to the Account: Provided further, main available until expended, that is iden- Engineers-Civil—Mississippi River and Trib- That this transfer authority is in addition to tical to the additional appropriation for fis- utaries’ for an additional amount for fiscal any other transfer authority provided by cal year 2016 in section 145(a) of this Act (ex- year 2017, to remain available until ex- law. cept that ‘enactment of this Act’ shall be pended, for necessary expenses to dredge ‘‘SEC. 195. Notwithstanding any other pro- navigation projects in response to, and re- treated as referring to enactment of this sec- vision of this Act, and in addition to pair damages to Corps of Engineers projects tion, and except for the last proviso under amounts otherwise provided by section 101, caused by, natural disasters: Provided, That such subsection), and with respect to which an additional amount for fiscal year 2017 of such amount is designated by the Congress the same authority and conditions shall be $500,000,000, to remain available until ex- as an emergency requirement pursuant to in effect: Provided, That of the amount made pended, is provided for ‘Department of section 251(b)(2)(A)(i) of the Balanced Budget available by this subsection, $1,416,000,000 is Health and Human Services—Office of the and Emergency Deficit Control Act of 1985: designated by the Congress as being for dis- Secretary—Account For the State Response Provided further, That beginning not later aster relief pursuant to section 251(b)(2)(D) of to the Opioid Abuse Crisis’ (in this section than 60 days after the date of enactment of the Balanced Budget and Emergency Deficit referred to as the ‘Account’): Provided, That this section, the Assistant Secretary of the Control Act of 1985, and $392,976,000 is des- such amounts are appropriated pursuant to Army for Civil Works shall provide monthly ignated by the Congress as an emergency re- section 1003(b)(3) of the 21st Century Cures quirement pursuant to section 251(b)(2)(A)(i) reports to the Committees on Appropriations Act, are to be derived from amounts trans- of the Balanced Budget and Emergency Def- of the House of Representatives and the Sen- ferred under section 1003(b)(2)(A) of such Act, icit Control Act of 1985. ate detailing the allocation and obligation of ‘‘(b) Of the amounts made available by sub- are for the necessary expenses to carry out these funds. section (a) and designated by the Congress as the purposes described under section 1003(c) ‘‘SEC. 189. Notwithstanding any other pro- an emergency requirement pursuant to sec- of such Act, and may be transferred by the vision of this Act, and in addition to the tion 251(b)(2)(A)(i) of the Balanced Budget Secretary of Health and Human Services to amount otherwise provided by section 101, and Emergency Deficit Control Act of 1985, other accounts of the Department solely for there is appropriated $259,574,000 for ‘Corps of up to $3,000,000 may be transferred, in aggre- the purposes provided in such Act: Provided Engineers-Civil—Operation and Mainte- gate, to ‘Department of Housing and Urban further, That upon a determination by the nance’ for an additional amount for fiscal Development—Program Office Salaries and Secretary that funds transferred pursuant to year 2017, to remain available until ex- Expenses—Community Planning and Devel- the previous proviso are not necessary for pended, for necessary expenses to dredge opment’ for necessary costs, including infor- the purposes provided, such amounts may be navigation projects in response to, and re- mation technology costs, of administering transferred back to the Account: Provided pair damages to Corps of Engineers projects and overseeing the obligation and expendi- further, That this transfer authority is in ad- caused by, natural disasters: Provided, That ture of amounts in section 145 and all dition to any other transfer authority pro- such amount is designated by the Congress amounts in this section. vided by law. as an emergency requirement pursuant to ‘‘SEC. 193. Notwithstanding any other pro- ‘‘SEC. 196. (a) Notwithstanding any other section 251(b)(2)(A)(i) of the Balanced Budget vision of this Act, and in addition to provision of this Act, in addition to the and Emergency Deficit Control Act of 1985: amounts otherwise provided by section 101, amount otherwise provided by section 101 for Provided further, That beginning not later an additional amount for fiscal year 2017 of ‘Environmental Protection Agency—State than 60 days after the date of enactment of $20,000,000, to remain available until ex- and Tribal Assistance Grants’, there is ap- this section, the Assistant Secretary of the pended, is provided for ‘Department of propriated $100,000,000 for an additional Army for Civil Works shall provide monthly Health and Human Services—Food and Drug amount for fiscal year 2017, to remain avail- reports to the Committees on Appropriations Administration-FDA Innovation Account’ able until expended, for making capitaliza- of the House of Representatives and the Sen- (in this section referred to as the ‘Account’): tion grants for the Drinking Water State Re- ate detailing the allocation and obligation of Provided, That such amounts are appro- volving Funds under section 1452 of the Safe these funds. priated pursuant to section 1002(b)(3) of the Drinking Water Act pursuant to section 2201 ‘‘SEC. 190. Notwithstanding any other pro- 21st Century Cures Act, are to be derived of the Water and Waste Act of 2016. vision of this Act, and in addition to the from amounts transferred under section ‘‘(b) The last proviso of paragraph (1) under amount otherwise provided by section 101, 1002(b)(2)(A) of such Act, are for the nec- the heading ‘Environmental Protection there is appropriated $419,891,000 for ‘Corps of essary expenses to carry out the purposes de- Agency—State and Tribal Assistance Grants’ Engineers-Civil—Flood Control and Coastal scribed under section 1002(b)(4) of such Act, in division G of Public Law 114–113 shall be Emergencies’, as authorized by section 5 of and may be transferred by the Commissioner applied to amounts made available by this the Act of August 18, 1941 (33 U.S.C. 701n), for of Food and Drugs to the appropriation for section by substituting for ‘only where such an additional amount for fiscal year 2017, to ‘Department of Health and Human Serv- debt was incurred on or after the date of en- remain available until expended, for nec- ices—Food and Drug Administration—Sala- actment of this Act’ the following: ‘where essary expenses to prepare for flood, hurri- ries and Expenses’ solely for the purposes such debt was incurred on or after the date cane and other natural disasters and support provided in such Act: Provided further, That of enactment of this Act, or where such debt emergency operations, repairs, and other ac- upon a determination by the Commissioner was incurred prior to the date of enactment tivities in response to such disasters as au- that funds transferred pursuant to the pre- if the State, with concurrence from the Ad- thorized by law: Provided, That such amount vious proviso are not necessary for the pur- ministrator, determines that such funds is designated by the Congress as an emer- poses provided, such amounts may be trans- could be used to help address a threat to pub- gency requirement pursuant to section ferred back to the Account: Provided further, lic health from heightened exposure to lead 251(b)(2)(A)(i) of the Balanced Budget and That this transfer authority is in addition to in drinking water or if a Federal or State Emergency Deficit Control Act of 1985: Pro- any other transfer authority provided by emergency declaration has been issued due vided further, That beginning not later than law. to a threat to public health from heightened

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00109 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.024 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7510 CONGRESSIONAL RECORD — HOUSE December 8, 2016 exposure to lead in a municipal drinking Law 114–10, $170,000,000 is rescinded imme- vided, That such amount is designated by the water supply before the date of enactment of diately upon enactment of this section. Congress for Overseas Contingency Oper- this Act: Provided further, That in a State in ‘‘(b) In the Senate, the budgetary effects of ations/Global War on Terrorism pursuant to which such an emergency declaration has this section shall not count for purposes of section 251(b)(2)(A)(ii) of the Balanced Budg- been issued, the State may use more than 20 the amount in section 3103(b)(3) of the con- et and Emergency Deficit Control Act of percent of the funds made available under current resolution on the budget for fiscal 1985. this title to the State for Drinking Water year 2016 (S. Con. Res. 11) when determining OPERATION AND MAINTENANCE, MARINE CORPS State Revolving Fund capitalization grants points of order pursuant to section 3103(b)(1) For an additional amount for ‘‘Operation to provide additional subsidy to eligible re- of that section of that concurrent resolu- and Maintenance, Marine Corps’’, cipients’. tion.’’. $180,546,000, of which $168,446,000 is to support ‘‘SEC. 197. (a) Notwithstanding any other This division may be cited as the ‘‘Further counter-terrorism operations and $12,100,000 provision of this Act, there is provided for Continuing Appropriations Act, 2017’’. ‘Environmental Protection Agency—Water is to support the European Reassurance Ini- DIVISION B—SECURITY ASSISTANCE Infrastructure Finance and Innovation Pro- tiative: Provided, That such amount is des- APPROPRIATIONS ACT, 2017 gram Account’ for the cost of direct loans ignated by the Congress for Overseas Contin- and for the cost of guaranteed loans, as au- The following sums are appropriated, out gency Operations/Global War on Terrorism thorized by the Water Infrastructure Fi- of any money in the Treasury not otherwise pursuant to section 251(b)(2)(A)(ii) of the Bal- nance and Innovation Act of 2014 (33 U.S.C. appropriated, for the fiscal year ending Sep- anced Budget and Emergency Deficit Control 3901 et seq.), $20,000,000, to remain available tember 30, 2017, and for other purposes, Act of 1985. until expended: Provided, That such costs, in- namely: OPERATION AND MAINTENANCE, AIR FORCE cluding the cost of modifying such loans, TITLE I For an additional amount for ‘‘Operation shall be as defined in section 502 of the Con- DEPARTMENT OF DEFENSE and Maintenance, Air Force’’, $428,046,000, of gressional Budget Act of 1974: Provided fur- MILITARY PERSONNEL which $382,496,000 is to support counter-ter- ther, That these funds are available to sub- rorism operations and $45,550,000 is to sup- MILITARY PERSONNEL, ARMY sidize gross obligations for the principal port the European Reassurance Initiative: amount of direct loans, including capitalized For an additional amount for ‘‘Military Provided, That such amount is designated by interest, and total loan principal, including Personnel, Army’’, $196,964,000, of which the Congress for Overseas Contingency Oper- capitalized interest, any part of which is to $94,034,000 is to support counter-terrorism ations/Global War on Terrorism pursuant to be guaranteed, not to exceed $2,073,000,000. operations and $102,930,000 is to support the section 251(b)(2)(A)(ii) of the Balanced Budg- ‘‘(b) In addition, fees authorized to be col- European Reassurance Initiative: Provided, lected pursuant to sections 5029 and 5030 of et and Emergency Deficit Control Act of That such amount is designated by the Con- 1985. the Water Infrastructure Finance and Inno- gress for Overseas Contingency Operations/ vation Act of 2014 (33 U.S.C. 3908 and 3909) Global War on Terrorism pursuant to section OPERATION AND MAINTENANCE, DEFENSE-WIDE shall be credited to the appropriation made 251(b)(2)(A)(ii) of the Balanced Budget and For an additional amount for ‘‘Operation by this section to remain available until ex- Emergency Deficit Control Act of 1985. and Maintenance, Defense-Wide’’, pended. $446,283,000, of which $412,959,000 is to support MILITARY PERSONNEL, NAVY ‘‘(c) Of the amounts provided under sub- counter-terrorism operations and $33,324,000 section (a), not to exceed $3,000,000 shall be For an additional amount for ‘‘Military is to support the European Reassurance Ini- for administrative expenses to carry out the Personnel, Navy’’, $10,484,000, of which tiative: Provided, That such amount is des- direct and guaranteed loan programs, not- $7,354,000 is to support counter-terrorism op- ignated by the Congress for Overseas Contin- withstanding section 5033 of the Water Infra- erations and $3,130,000 is to support the Euro- gency Operations/Global War on Terrorism structure Finance and Innovation Act of 2014 pean Reassurance Initiative: Provided, That pursuant to section 251(b)(2)(A)(ii) of the Bal- (33 U.S.C. 3912). such amount is designated by the Congress anced Budget and Emergency Deficit Control ‘‘SEC. 198. Notwithstanding any other pro- for Overseas Contingency Operations/Global Act of 1985. vision of this Act, in addition to the amount War on Terrorism pursuant to section otherwise provided by section 101 for ‘De- 251(b)(2)(A)(ii) of the Balanced Budget and IRAQ TRAIN AND EQUIP FUND partment of Health and Human Services— Emergency Deficit Control Act of 1985. For an additional amount for ‘‘Iraq Train Centers for Disease Control and Prevention— MILITARY PERSONNEL, MARINE CORPS and Equip Fund’’, $289,500,000, to support Environmental Health’, for carrying out sec- counter-terrorism operations: Provided, That tion 2203 of the Water and Waste Act of 2016, For an additional amount for ‘‘Military such amount is designated by the Congress there is appropriated $20,000,000, to remain Personnel, Marine Corps’’, $5,840,000, to sup- for Overseas Contingency Operations/Global available until September 30, 2020, of which port counter-terrorism operations: Provided, War on Terrorism pursuant to section $17,500,000 shall be for carrying out section That such amount is designated by the Con- 251(b)(2)(A)(ii) of the Balanced Budget and 2203(b) of the Water and Waste Act of 2016 gress for Overseas Contingency Operations/ Emergency Deficit Control Act of 1985. Global War on Terrorism pursuant to section and $2,500,000 shall be for carrying out sec- PROCUREMENT tion 2203(c) of the Water and Waste Act of 251(b)(2)(A)(ii) of the Balanced Budget and 2016: Provided, That such funds may be made Emergency Deficit Control Act of 1985. MISSILE PROCUREMENT, ARMY available to the Agency for Toxic Substances MILITARY PERSONNEL, AIR FORCE For an additional amount for ‘‘Missile Pro- and Disease Registry or the Centers for Dis- For an additional amount for ‘‘Military curement, Army’’, $229,100,000, to support ease Control and Prevention, at the discre- Personnel, Air Force’’, $51,830,000, of which counter-terrorism operations: Provided, That tion of the Secretary of Health and Human $37,640,000 is to support counter-terrorism such amount is designated by the Congress Services, for carrying out such sections of operations and $14,190,000 is to support the for Overseas Contingency Operations/Global the Water and Waste Act of 2016. European Reassurance Initiative: Provided, War on Terrorism pursuant to section ‘‘SEC. 199. Notwithstanding any other pro- That such amount is designated by the Con- 251(b)(2)(A)(ii) of the Balanced Budget and vision of this Act, in addition to the amount gress for Overseas Contingency Operations/ Emergency Deficit Control Act of 1985. otherwise provided by section 101 for ‘De- Global War on Terrorism pursuant to section OTHER PROCUREMENT, ARMY partment of Health and Human Services— 251(b)(2)(A)(ii) of the Balanced Budget and For an additional amount for ‘‘Other Pro- Centers for Disease Control and Prevention— Emergency Deficit Control Act of 1985. Environmental Health’, for carrying out sec- curement, Army’’, $72,000,000, to support tion 2204(a) of the Water and Waste Act of OPERATION AND MAINTENANCE counter-terrorism operations: Provided, That 2016, there is appropriated $15,000,000, to re- OPERATION AND MAINTENANCE, ARMY such amount is designated by the Congress for Overseas Contingency Operations/Global main available until September 30, 2018, for For an additional amount for ‘‘Operation War on Terrorism pursuant to section childhood lead poisoning prevention pro- and Maintenance, Army’’, $3,173,679,000, of 251(b)(2)(A)(ii) of the Balanced Budget and grams authorized under section 317A of the which $2,734,952,000 is to support counter-ter- Emergency Deficit Control Act of 1985. Public Health Service Act (42 U.S.C. 247b–1). rorism operations and $438,727,000 is to sup- ‘‘SEC. 200. Notwithstanding any other pro- port the European Reassurance Initiative: PROCUREMENT OF AMMUNITION, AIR FORCE vision of this Act, in addition to the amount Provided, That such amount is designated by For an additional amount for ‘‘Procure- otherwise provided by section 101 for ‘De- the Congress for Overseas Contingency Oper- ment of Ammunition, Air Force’’, partment of Health and Human Services— ations/Global War on Terrorism pursuant to $201,563,000, to support counter-terrorism op- Health Resources and Services Administra- section 251(b)(2)(A)(ii) of the Balanced Budg- erations: Provided, That such amount is des- tion—Maternal and Child Health’, for car- et and Emergency Deficit Control Act of ignated by the Congress for Overseas Contin- rying out section 2204(b) of the Water and 1985. gency Operations/Global War on Terrorism Waste Act of 2016, there is appropriated OPERATION AND MAINTENANCE, NAVY pursuant to section 251(b)(2)(A)(ii) of the Bal- $15,000,000, to remain available until Sep- anced Budget and Emergency Deficit Control For an additional amount for ‘‘Operation tember 30, 2018, for the Healthy Start Initia- Act of 1985. tive authorized under section 330H of the and Maintenance, Navy’’, $97,881,000, of Public Health Service Act (42 U.S.C. 254c–8). which $95,531,000 is to support counter-ter- MISSILE PROCUREMENT, AIR FORCE ‘‘SEC. 201. (a) Of any available amounts ap- rorism operations and $2,350,000 is to support For an additional amount for ‘‘Missile Pro- propriated under section 301(b)(3) of Public the European Reassurance Initiative: Pro- curement, Air Force’’, $83,900,000, to support

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00110 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.024 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7511 counter-terrorism operations: Provided, That 251(b)(2)(A)(ii) of the Balanced Budget and available until September 30, 2018, for pro- such amount is designated by the Congress Emergency Deficit Control Act of 1985. grams to counter the Islamic State of Iraq for Overseas Contingency Operations/Global EMBASSY SECURITY, CONSTRUCTION, AND and the Levant, other terrorist organiza- War on Terrorism pursuant to section MAINTENANCE tions, and violent extremism, and address 251(b)(2)(A)(ii) of the Balanced Budget and For an additional amount for ‘‘Embassy the needs of populations impacted by such Emergency Deficit Control Act of 1985. Security, Construction, and Maintenance’’, organizations: Provided, That funds appro- priated under this heading shall be made OTHER PROCUREMENT, AIR FORCE $654,411,000, to remain available until ex- pended, for construction of, and security en- available for programs that include activi- For an additional amount for ‘‘Other Pro- ties to document, investigate, and prosecute curement, Air Force’’, $137,884,000, to support hancements for, United States diplomatic fa- cilities in Africa, Europe and Eurasia, the genocide, crimes against humanity, war counter-terrorism operations: Provided, That crimes, and other human rights violations in such amount is designated by the Congress Middle East, and South and Central Asia, of which $618,411,000 is for Worldwide Security Iraq and Syria, including to build capacity of for Overseas Contingency Operations/Global Syrian and Iraqi investigators; atrocity pre- War on Terrorism pursuant to section Upgrades: Provided, That such amount is des- ignated by the Congress for Overseas Contin- vention, transitional justice, reconciliation, 251(b)(2)(A)(ii) of the Balanced Budget and and reintegration programs for vulnerable Emergency Deficit Control Act of 1985. gency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Bal- and persecuted minorities and ethnic groups RESEARCH, DEVELOPMENT, TEST AND anced Budget and Emergency Deficit Control in the Middle East and North Africa; and EVALUATION Act of 1985. support for higher education institutions in Iraq: Provided further, That such funds shall RESEARCH, DEVELOPMENT, TEST AND UNITED STATES AGENCY FOR also be made available for assistance for EVALUATION, ARMY INTERNATIONAL DEVELOPMENT major non-North Atlantic Treaty Organiza- For an additional amount for ‘‘Research, FUNDS APPROPRIATED TO THE PRESIDENT tion allies in the Middle East and North Afri- Development, Test and Evaluation, Army’’, OPERATING EXPENSES ca, including Jordan and Tunisia: Provided $78,700,000, to support counter-terrorism op- For an additional amount for ‘‘Operating further, That such amount is designated by erations: Provided, That such amount is des- Expenses’’, $5,000,000, to remain available the Congress for Overseas Contingency Oper- ignated by the Congress for Overseas Contin- until September 30, 2018, for operational and ations/Global War on Terrorism pursuant to gency Operations/Global War on Terrorism security requirements to support activities section 251(b)(2)(A)(ii) of the Balanced Budg- pursuant to section 251(b)(2)(A)(ii) of the Bal- to counter the Islamic State of Iraq and the et and Emergency Deficit Control Act of anced Budget and Emergency Deficit Control Levant, other terrorist organizations, and 1985. Act of 1985. violent extremism in Africa, Europe and ASSISTANCE FOR EUROPE, EURASIA AND RESEARCH, DEVELOPMENT, TEST AND Eurasia, the Middle East, and South and CENTRAL ASIA EVALUATION, DEFENSE-WIDE Central Asia: Provided, That such amount is For an additional amount for ‘‘Assistance For an additional amount for ‘‘Research, designated by the Congress for Overseas Con- for Europe, Eurasia and Central Asia’’, Development, Test and Evaluation, Defense- tingency Operations/Global War on Ter- $157,000,000, to remain available until Sep- Wide’’, $3,000,000, to support counter-ter- rorism pursuant to section 251(b)(2)(A)(ii) of tember 30, 2018, for programs to counter Rus- rorism operations: Provided, That such the Balanced Budget and Emergency Deficit sian influence: Provided, That funds appro- amount is designated by the Congress for Control Act of 1985. priated under this heading shall be made Overseas Contingency Operations/Global War CAPITAL INVESTMENT FUND available for assistance for Ukraine, Geor- on Terrorism pursuant to section For an additional amount for ‘‘Capital In- gia, and other countries affected by Russian 251(b)(2)(A)(ii) of the Balanced Budget and vestment Fund’’, $25,000,000, to remain avail- aggression: Provided further, That of the Emergency Deficit Control Act of 1985. able until expended, for the Capital Security funds appropriated under this heading, up to $6,000,000 may be transferred to, and merged OTHER DEPARTMENT OF DEFENSE Cost Sharing Program: Provided, That such amount is designated by the Congress for with, funds appropriated under the heading PROGRAMS Overseas Contingency Operations/Global War ‘‘Broadcasting Board of Governors—Inter- JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT on Terrorism pursuant to section national Broadcasting Operations’’ for pro- FUND 251(b)(2)(A)(ii) of the Balanced Budget and grams to counter Russian influence: Provided For an additional amount for ‘‘Joint Im- Emergency Deficit Control Act of 1985. further, That such amount is designated by provised Explosive Device Defeat Fund’’, OFFICE OF INSPECTOR GENERAL the Congress for Overseas Contingency Oper- $87,800,000, to support counter-terrorism op- For an additional amount for ‘‘Office of In- ations/Global War on Terrorism pursuant to erations: Provided, That such amount is des- spector General’’, $2,500,000, to remain avail- section 251(b)(2)(A)(ii) of the Balanced Budg- ignated by the Congress for Overseas Contin- able until September 30, 2018: Provided, That et and Emergency Deficit Control Act of gency Operations/Global War on Terrorism such amount is designated by the Congress 1985. pursuant to section 251(b)(2)(A)(ii) of the Bal- for Overseas Contingency Operations/Global DEPARTMENT OF STATE anced Budget and Emergency Deficit Control War on Terrorism pursuant to section MIGRATION AND REFUGEE ASSISTANCE Act of 1985. 251(b)(2)(A)(ii) of the Balanced Budget and For an additional amount for ‘‘Migration TITLE II Emergency Deficit Control Act of 1985. and Refugee Assistance’’, $300,000,000, to re- DEPARTMENT OF STATE, FOREIGN BILATERAL ECONOMIC ASSISTANCE main available until expended, to respond to OPERATIONS, AND RELATED PROGRAMS FUNDS APPROPRIATED TO THE PRESIDENT refugee and migration crises, including in Africa, Europe and Eurasia, the Middle East, DEPARTMENT OF STATE INTERNATIONAL DISASTER ASSISTANCE and South and Central Asia, except that such For an additional amount for ‘‘Inter- ADMINISTRATION OF FOREIGN AFFAIRS funds shall not be made available for the re- national Disaster Assistance’’, $616,100,000, to DIPLOMATIC AND CONSULAR PROGRAMS remain available until expended, for inter- settlement costs of refugees in the United For an additional amount for ‘‘Diplomatic national disaster relief, rehabilitation, and States: Provided, That such amount is des- and Consular Programs’’, $1,052,400,000 to re- reconstruction assistance, including in Afri- ignated by the Congress for Overseas Contin- main available until September 30, 2018, of ca, Europe and Eurasia, the Middle East, and gency Operations/Global War on Terrorism which $927,189,000 is for Worldwide Security South and Central Asia: Provided, That such pursuant to section 251(b)(2)(A)(ii) of the Bal- Protection and shall remain available until amount is designated by the Congress for anced Budget and Emergency Deficit Control expended: Provided, That such funds are for Overseas Contingency Operations/Global War Act of 1985. operational and security requirements to on Terrorism pursuant to section INTERNATIONAL SECURITY ASSISTANCE support activities to counter the Islamic 251(b)(2)(A)(ii) of the Balanced Budget and DEPARTMENT OF STATE State of Iraq and the Levant, other terrorist Emergency Deficit Control Act of 1985. INTERNATIONAL NARCOTICS CONTROL AND LAW organizations, and violent extremism in Af- TRANSITION INITIATIVES ENFORCEMENT rica, Europe and Eurasia, the Middle East, For an additional amount for ‘‘Transition For an additional amount for ‘‘Inter- and South and Central Asia, and to counter Initiatives’’, $50,234,000, to remain available national Narcotics Control and Law Enforce- Russian influence: Provided further, That until expended, for programs to counter the ment’’, $26,300,000, to remain available until such amount is designated by the Congress Islamic State of Iraq and the Levant, other September 30, 2018, for programs in Africa, for Overseas Contingency Operations/Global terrorist organizations, and violent extre- Europe and Eurasia, and the Middle East: War on Terrorism pursuant to section mism, and address the needs of populations Provided, That such amount is designated by 251(b)(2)(A)(ii) of the Balanced Budget and impacted by such organizations: Provided, the Congress for Overseas Contingency Oper- Emergency Deficit Control Act of 1985. That such amount is designated by the Con- ations/Global War on Terrorism pursuant to OFFICE OF INSPECTOR GENERAL gress for Overseas Contingency Operations/ section 251(b)(2)(A)(ii) of the Balanced Budg- For an additional amount for ‘‘Office of In- Global War on Terrorism pursuant to section et and Emergency Deficit Control Act of spector General’’, $2,500,000, to remain avail- 251(b)(2)(A)(ii) of the Balanced Budget and 1985. able until September 30, 2018: Provided, That Emergency Deficit Control Act of 1985. NONPROLIFERATION, ANTI-TERRORISM, such amount is designated by the Congress ECONOMIC SUPPORT FUND DEMINING AND RELATED PROGRAMS for Overseas Contingency Operations/Global For an additional amount for ‘‘Economic For an additional amount for ‘‘Non- War on Terrorism pursuant to section Support Fund’’, $1,030,555,000, to remain proliferation, Anti-terrorism, Demining and

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00111 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.024 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7512 CONGRESSIONAL RECORD — HOUSE December 8, 2016 Related Programs’’, $128,000,000, to remain ability Review Board, or to prevent or re- uitable share of national revenues to regions available until September 30, 2018, for anti- spond to security situations and require- and governorates, including the Kurdistan terrorism, demining and related programs ments. Region of Iraq. and activities in Africa and the Middle East: (b) Funds appropriated by this title under (b) Notwithstanding any provision of this Provided, That such amount is designated by the headings ‘‘International Disaster Assist- Act, the authority provided by section 1101 the Congress for Overseas Contingency Oper- ance’’ and ‘‘Migration and Refugee Assist- of division O of the Consolidated Appropria- ations/Global War on Terrorism pursuant to ance’’ may be transferred to, and merged tions Act, 2016 (Public Law 114–113) shall con- section 251(b)(2)(A)(ii) of the Balanced Budg- with, funds appropriated by this title under tinue in effect through fiscal year 2017: Pro- et and Emergency Deficit Control Act of such headings. vided, That any notification submitted pur- 1985. (c) Funds appropriated by this title under suant to such section shall include a detailed the headings ‘‘Economic Support Fund’’ and PEACEKEEPING OPERATIONS summary of the terms and conditions of such ‘‘Assistance for Europe, Eurasia and Central loan and an assessment of the extent to For an additional amount for ‘‘Peace- Asia’’ may be transferred to, and merged keeping Operations’’, $50,000,000, to remain which use of the proposed loan proceeds with, funds appropriated by this title under would place special emphasis on the Kurdish available until September 30, 2018, for equip- the heading ‘‘International Disaster Assist- ment, training, logistics, and related support Peshmerga, Sunni tribal security forces, or ance’’. other local security forces, with a national for peacekeeping, stabilization, and counter- (d) Funds appropriated by this title under terrorism programs in Africa and the Middle security mission. the headings ‘‘International Narcotics Con- (c) Funds made available pursuant to this East: Provided, That funds appropriated trol and Law Enforcement’’, ‘‘Nonprolifera- under this heading may be made available section and section 7034(o)(1) of the Depart- tion, Anti-terrorism, Demining and Related ment of State, Foreign Operations, and Re- for a United States contribution to the Mul- Programs’’, ‘‘Peacekeeping Operations’’, and tinational Force and Observers mission in lated Programs Appropriations Act, 2016 (di- ‘‘Foreign Military Financing Program’’ may vision K of Public Law 114–113) from prior the Sinai: Provided further, That such be transferred to, and merged with, funds ap- amount is designated by the Congress for Acts making appropriations for the Depart- propriated by this title under such headings. ment of State, foreign operations, and re- Overseas Contingency Operations/Global War (e) The transfer authority provided by this on Terrorism pursuant to section lated programs that were previously des- section shall be subject to prior consultation ignated by the Congress for Overseas Contin- 251(b)(2)(A)(ii) of the Balanced Budget and with, and the regular notification procedures Emergency Deficit Control Act of 1985. gency Operations/Global War on Terrorism of, the Committees on Appropriations: Pro- pursuant to section 251(b)(2)(A)(ii) of the Bal- FUNDS APPROPRIATED TO THE PRESIDENT vided, That such transfer authority is in ad- anced Budget and Emergency Deficit Control FOREIGN MILITARY FINANCING PROGRAM dition to any transfer authority otherwise Act of 1985, are designated by the Congress For an additional amount for ‘‘Foreign available under any other provision of law. for Overseas Contingency Operations/Global Military Financing Program’’, $200,000,000, to CONSOLIDATED REPORTING REQUIREMENT War on Terrorism pursuant to section remain available until September 30, 2018, for SEC. 204. Not later than 45 days after enact- 251(b)(2)(A)(ii) of such Act and shall be avail- assistance for countries in Africa, Europe ment of this Act and prior to the initial obli- able only if the President subsequently so and Eurasia, and the Middle East: Provided, gation of funds made available by this title, designates all such amounts and transmits That funds appropriated under this heading the Secretary of State and the Adminis- such designations to the Congress. shall be made available for assistance for trator of the United States Agency for Inter- PERSONAL SERVICES CONTRACTS Ukraine, Georgia, the Baltic states, Tunisia, national Development shall submit a con- SEC. 206. Funds appropriated by this title and Jordan: Provided further, That such solidated report to the Committees on Ap- to support counter-terrorism and countering amount is designated by the Congress for propriations on the anticipated uses of such violent extremism programs, including ac- Overseas Contingency Operations/Global War funds on a country and project basis for tivities to counter the Islamic State of Iraq on Terrorism pursuant to section which the obligation of funds is anticipated, and the Levant, may be used to enter into 251(b)(2)(A)(ii) of the Balanced Budget and including estimated personnel and adminis- contracts with individuals for the provision Emergency Deficit Control Act of 1985. trative costs: Provided, That such report of personal services (as described in section shall be updated and submitted to such Com- GENERAL PROVISIONS 37.104 of title 48, Code of Federal Regulations mittees every 60 days until September 30, EXTENSION OF AUTHORITIES AND CONDITIONS (48 CFR 37.104)) in the United States or 2018, and every 180 days thereafter until all abroad: Provided, That such individuals may SEC. 201. Unless otherwise provided for by funds have been expended: Provided further, not be deemed employees of the United this title, the additional amounts appro- That funds appropriated by this title under States for the purposes of any law adminis- priated by this title to appropriations ac- the headings ‘‘International Disaster Assist- tered by the Office of Personnel Manage- counts in this Act shall be available under ance’’ and ‘‘Migration and Refugee Assist- ment: Provided further, That the authority the authorities and conditions applicable to ance’’ may be obligated prior to submission made available pursuant to this section shall such appropriations accounts for fiscal year of the report required by this section. 2017. expire on September 30, 2018. LOAN AUTHORITY NOTIFICATION REQUIREMENT This division may be cited as the ‘‘Secu- SEC. 205. (a) Funds appropriated by this rity Assistance Appropriations Act, 2017’’. SEC. 202. Funds appropriated by this title title under the heading ‘‘Economic Support The SPEAKER pro tempore. Pursu- shall not be available for obligation unless Fund’’ and in prior Acts making appropria- the Secretary of State or the Administrator tions for the Department of State, foreign ant to House Resolution 949, the mo- of the United States Agency for Inter- operations, and related programs under such tion shall be debatable for 1 hour national Development, as appropriate, has heading may be made available for the costs, equally divided and controlled by the notified the Committees on Appropriations as defined in section 502 of the Congressional chair and ranking minority member of in writing at least 15 days in advance of such Budget Act of 1974, of loan guarantees for the Committee on Appropriations. obligation: Provided, That the requirement of Iraq, which are authorized to be provided: this section shall not apply to funds made The gentleman from Kentucky (Mr. Provided, That amounts made available ROGERS) and the gentlewoman from available by this title under the headings under this subsection for the costs of such New York (Mrs. LOWEY) each will con- ‘‘Department of State—Administration of guarantees shall not be considered assistance Foreign Affairs—Office of Inspector Gen- for the purposes of provisions of law limiting trol 30 minutes. eral’’, ‘‘United States Agency for Inter- assistance to a country: Provided further, The Chair recognizes the gentleman national Development—Funds Appropriated That the Secretary of State should obtain a from Kentucky. to the President—Office of Inspector Gen- commitment from the Government of Iraq GENERAL LEAVE eral’’, ‘‘Bilateral Economic Assistance— that such government will make available Mr. ROGERS of Kentucky. Mr. Funds Appropriated to the President—Inter- the proceeds of such financing to regions and national Disaster Assistance’’, and ‘‘Bilat- Speaker, I ask unanimous consent that governorates, including the Kurdistan Re- all Members may have 5 legislative eral Economic Assistance—Department of gion of Iraq, in a manner consistent with the State—Migration and Refugee Assistance’’. principles of equitable share of national rev- days in which to revise and extend TRANSFER AUTHORITY enues contained in clause ‘‘Third’’ of Article their remarks and include extraneous SEC. 203. (a) Funds appropriated by this 121 of the Constitution of Iraq: Provided fur- material on the further consideration title under the headings ‘‘Diplomatic and ther, That such funds shall be subject to of H.R. 2028, and that I may include Consular Programs’’, including for World- prior consultation with, and the regular no- tabular material on the same. wide Security Protection, and ‘‘Embassy Se- tification procedures of, the Committees on The SPEAKER pro tempore. Is there curity, Construction, and Maintenance’’ may Appropriations, except that any such notifi- objection to the request of the gen- be transferred to, and merged with, funds ap- cation shall include a detailed summary of tleman from Kentucky? propriated by this title under such headings the terms and conditions of such financing if the Secretary of State determines and re- and an assessment of the extent to which the There was no objection. ports to the Committees on Appropriations proposed financing agreement between the Mr. ROGERS of Kentucky. Mr. that to do so is necessary to implement the Governments of the United States and Iraq Speaker, I yield myself such time as I recommendations of the Benghazi Account- supports the constitutional principles of eq- may consume.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00112 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.024 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7513 Mr. Speaker, I rise before you today tanker. The bill also maintains ade- no way to run a railroad. It is bad for to present the second Fiscal Year 2017 quate funding for the Department of Congress, bad for the Federal Govern- Continuing Resolution this year, which Homeland Security to keep our Nation ment, and bad for our country. A CR will fund the Federal Government safe. extends outdated policies and funding through April 28 of 2017. In addition to these changes, the bill levels, wasting money, and preventing This bill is a necessary measure to includes necessary funding to help good changes from being made. A CR continue vital government programs communities recover from recent nat- also creates uncertainty in Federal and services, like our national defense. ural disasters, like Hurricane Matthew, budgets and in our economy. Lastly, it It keeps the lights on in our govern- flooding in States like Louisiana and diminishes the Congress’ power of the ment, preventing the uncertainty and West Virginia, and devastating purse, giving away the people’s voice in harm of a shutdown. Our current con- droughts. how the government uses their tax dol- tinuing resolution expires tomorrow, The legislation also includes $170 lars. so we must act today. million for important health and water I truly hope that in the near future This continuing resolution is a re- infrastructure improvements, as well we can stop lurching from CR to CR sponsible compromise, making only as $872 million for the House-passed and return to regular order, for the limited adjustments where required to 21st Century Cures Act, including $500 sake of our national security, our econ- preserve the security of the Nation, to million to respond to the opioid abuse omy, and the well-being of all Ameri- prevent serious lapses in government epidemic. These items are both fully cans. services, and to ensure the careful ex- offset. However, at this point, this is our penditure of taxpayer dollars. As I have said on this floor many best and only path forward. It is abso- To highlight a few of these changes: times over the past 6 years, standing in lutely imperative that we complete the we take care of our troops by increas- this exact spot, a continuing resolution work on the 11 remaining appropria- ing overseas contingency operations re- is a last resort. It is not what I would tions bills as soon as possible when sources, and include provisions that ac- prefer to bring to the floor as my final Congress returns. celerate production rates for critical bill as chairman of the Appropriations This is a good bill, and I urge my col- defense equipment and systems, like Committee. leagues to vote ‘‘yes’’ on the CR. the Ohio replacement submarine, the At the end of the day, a CR is simply Mr. Speaker, I reserve the balance of Apache helicopter, and the KC–46A a Band-Aid on a gushing wound. This is my time.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00113 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.043 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7514 CONGRESSIONAL RECORD — HOUSE December 8, 2016

SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017 (DIV. B, HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 2028) (Amounts in thousands}

FY 2017 Final Bill vs. Request Bill Request

TITLE I DEPARTMENT OF DEFENSE

Military Personnel

Military Personnel, Army (Overseas Contingency Operations/Global War on Terrorism) ...... 94,034 196,964 +102,930 Military Personnel, Navy (Overseas Contingency Operations/Global War on Terrorism) ...... 7,354 10,484 +3' 130 Military Personnel, Marine Corps (Overseas Contingency Operations/Global War on Terrorism) ...... 5,840 5,840 Military Personnel, Air Force (Overseas Contingency Operations/Global War on Terrorism} ...... 37,640 51,830 +14, 190 ...... "' ...... -..... ------Subtotal ...... 144,868 265.118 +120,250 Operations and Maintenance

Operations and Maintenance, Army (Overseas Contingency Operations/Global War on Terrorism) ...... 2,934,269 3,173,679 +239,410 Operations and Maintenance, Navy (Overseas Contingency Operations/Global War on Terrorism) ...... 95,531 97,881 +2,350 Operations and Maintenance, Marine Corps (Overseas Contingency Operations/Global War on Terrorism) ..... 168,446 180,546 +12, 100 Operations and Maintenance, Air Force (Overseas Contingency Operations/Global War on Terrorism) ..... 382,496 428,046 +45,550 Operations and Maintenance, Defense-Wide (Overseas Contingency Operations/Global War on Terrorism) ..... 412,959 446,283 +33,324 Defense Health Program (Overseas Contingency Operations/Global War on Terrorism) ...... 2,547 -2,547 Afghanistan Security Forces Fund (Overseas Contingency Operations/Global War on Terrorism) ...... , .. 814,500 -814,500 Iraq Train and Equip Fund (Overseas Contingency Operations/Global War on Terrorism} ...... 289,500 289,500 ...... _____ ------·-·------~ Subtotal ...... 5' 100' 248 4,615,935 -484,313 Procurement Missile Procurement, Army (Overseas Contingency Operations/Global War on Terrorism) ...... 46,500 229,100 +182,600 Other Procurement, Army (Overseas Contingency Operations/Global War on Terrorism} ...... 98,500 72,000 -26,500 Other Procurement, Navy (Overseas Contingency Operations/Global War on Terrorism} ...... , ...... 5,000 -5,000 Procurement of Ammunition, Air Force (Overseas Contingency Operations/Global War on Terrorism) ..... 201,563 +201,563 Missile Procurement, Air Force (Overseas Contingency Operations/Global War on Terrorism} ...... 83,900 +83,900 Other Procurement, Air Force (Overseas Contingency Operations/Global War on Terrorism) ...... 137,884 137,884 .... -- ...... "' ...... - ...... Subtotal ...... 287,884 724,447 +436,563

Research, Development, Test and Evaluation Research, Development, Test and Evaluation, Army (Overseas Contingency Operations/Global War on Terrorism) ...... , ...... 139,200 78,700 -60,500 Research, Development, Test and Evaluation, Defense-Wide (Overseas Contingency Operations/Global War on Terrorism) ...... 3,000 3,000

Subtotal ...... 142,200 81,700 -60,500

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00114 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.043 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE Insert offset folio 397 here EH081216.001 December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7515

SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017 (DIV. B, HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 2028) (Amounts in thousands)

FY 2017 Final Bill vs. Request Bi 11 Request

Other Department of Defense Programs Joint Improvised Explosive Device Defeat Fund (Overseas Contingency Operations/Global War on Terrorism} ...... 99,800 87,800 -12,000 ======Total, Title I, Department of Defense ...... 5,775,000 5,775,000 ======------TITLE II ------

DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS

Department of State

Administration of Foreign Affairs

Diplomatic and Consular Programs (Overseas Contingency Operations/Global War on Terrorism) ...... 746,210 1,052,400 +306' 190 Office of Inspector Genera 1 (Overseas Contingency Operations/Global War on Terrorism) ...... 2,500 2,500 Embassy, Security, Construction, and Maintenance (Overseas Contingency Operations/Global War on Terrorism) ...... , ...... 1,024,000 654,411 -369,589 ...... ------_...... Subtotal ...... 1,772,710 1,709,311 -63,399 UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Funds Appropriated to the President Operating Expenses (Overseas Contingency Operations/Global War on Terrorism) ...... 15,000 5,000 -10,000 Capital Investment Fund (Overseas Contingency Operations/Global War on Terrorism) ...... 25,000 +25,000 Office of Inspector General (Overseas Contingency Operations/Global War on Terrorism) ...... 2,500 2,500 _____ ...... _ ...... ___ __ .. ______,._ ..... __ ...... Subtotal ...... 17,500 32,500 +15,000 BILATERAL ECONOMIC ASSISTANCE

Funds Appropriated to the President

International Disaster Assistance (Overseas Contingency Operations/Global War on Terrorism) ..... 953,200 616,100 -337,100 Transition Initiatives (Overseas Contingency Operations/Global War on Terrorism) ...... 73,490 50,234 -23,256 Economic Support Fund (Overseas Contingency Operations/Global War on Terrorism) ...... 2,640,400 1,030,555 -1,609,845 Assistance for Europe, Eurasia, and Central Asia (Overseas Contingency Operations/Global War on Terrorism) ...... 157,000 +157,000 Department of State

Migration and Refugee Assistance (Overseas Contingency Operations/Global War on Terrorism) ...... 260,400 300,000 +39,600 Subtotal ...... 3,927,490 2,153,889 -1,773,601

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00115 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.043 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE Insert offset folio 398 here EH081216.002 H7516 CONGRESSIONAL RECORD — HOUSE December 8, 2016

SECURITY ASSISTANCE APPROPRIATIONS ACT, 2017 (DIV. B, HOUSE AMENDMENT TO THE SENATE AMENDMENT TO H.R. 2028) (Amounts in thousands)

FY 2017 Final Bill vs. Request Bi 11 Request

INTERNATIONAL SECURITY ASSISTANCE Department of State International Narcotics Control and Law Enforcement (Overseas Contingency Operations/Global War on Terrorism) ...... 19,300 26,300 +7,000 Non-Proliferation, Anti-Terrorism, Demining and Related Programs (Overseas Contingency Operations/Global War on Terrorism) ...... 128,000 128,000 Peacekeeping Operations (Overseas Contingency Operations/Global War on Terrorism) ...... 90,000 50,000 -40,000 Funds Appropriated to the President Foreign Military Financing Program (Overseas Contingency Operations/Global War on Terrorism) ..... 200,000 +200,000 ------... -...... _ ... ------..... Subtotal ...... 237,300 404,300 +167,000 ------Total, Title II, Department of State, Foreign Operations, and Related Programs ...... 5,955,000 4,300,000 -1,655,000 ------======Grand Total ...... 11,730,000 10,075,000 -1,655,000 Overseas Contingency Operations/Global War on Terrorism ...... (11,730,000) (10,075,000) (-1,655,000) (Defense) ...... (5,775,000) (5,775,000) (Non-Defense) ...... (5,955,000) (4,300,000) (-1,655,000)

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00116 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.043 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE Insert offset folio 399 here EH081216.003 December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7517 b 1230 of keeping the government operating. Mrs. LOWEY. Mr. Speaker, I yield 4 Mrs. LOWEY. Mr. Speaker, I yield Notwithstanding the constraints facing minutes to the gentleman from Indiana myself such time as I may consume. the chairman, the bill we consider (Mr. VISCLOSKY), who is the ranking Today we consider the second con- today should be a bipartisan, full-year member of the Defense Subcommittee tinuing resolution to keep most of the spending measure. on the Appropriations Committee. government open. To say that I am dis- Mr. Speaker, I reserve the balance of Mr. VISCLOSKY. Mr. Speaker, I am appointed in this Band-aid approach to my time. sorely disappointed that, despite the operating the government would be an Mr. ROGERS of Kentucky. Mr. very best efforts of Chairman ROGERS, understatement. The legislation before Speaker, I yield 3 minutes to the gen- Mrs. LOWEY, and all of the members of us is an abdication of responsibility for tleman from New Jersey (Mr. FRELING- our committee, we yet again find our- the entire Congress. It is a disgrace HUYSEN), who will assume the chair of selves in the position of considering an- that more than 2 months into the new the Appropriations Committee come other continuing resolution. fiscal year, Congress will kick the can January and in whom I have great con- In June, on the floor, I stated that down the road nearly another 5 months fidence and pride. our fiscal year begins on October 1, Mr. FRELINGHUYSEN. Mr. Speaker, for purely partisan reasons. 2016, and not May 1, 2017, and that it is Having already failed this year to I rise to urge support of the continuing the responsibility of those of us hold- adopt a budget, pass appropriation resolution. But first I must pay tribute ing office in this session of this Con- bills, and restore regular order, the ma- to the gentleman from Kentucky (Mr. gress to execute the 2017 appropriations jority’s failure to enact full-year fund- ROGERS) as he manages his last appro- process. We should not foist our re- priations bill as full committee chair- ing is not surprising, but nonetheless sponsibility upon the next. Unfortu- man. shameful. Several administration re- nately, almost 6 months later, it is ap- I know I speak for Ranking Member quests were either not included or were propriate to repeat myself. LOWEY and all members of the com- As the ranking member on the De- drastically discounted. The Commodity mittee, Republicans and Democrats, fense Subcommittee, I feel it is impor- Futures Trading Commission would be and our remarkable professional staff tant to highlight some of the complica- frozen under this CR, likely causing when I say that this body and this Na- tions that we are compounding for next staff furloughs and making it impos- tion owe a tremendous debt of grati- year, again, despite the very best ef- sible to adequately protect market par- tude for his many contributions on the forts of Chairman FRELINGHUYSEN and ticipants. Appropriations Committee for 30 years the members of our subcommittee and I am extremely concerned about the and as its chairman for the last 6. No the full committee. majority including just $7 million— one understands better than HAL ROG- First, the CR hinders the DoD from one-fifth of the amount requested by ERS the House’s constitutional duty to adapting to emergency conditions the administration and by New York responsibly fund the Federal Govern- around the globe. Although we have in- City—to reimburse New York for the ment. No one has defended this body’s cluded a few adjustments in this CR, cost of helping New York and other power of the purse with more vigor. He many more programs and initiatives State and local governments protect has always supported rigorous over- were not addressed, and we will have the President-elect until his inaugura- sight. created unforeseen but real impacts to tion. Local and State taxpayers should Under Chairman ROGERS’ leadership, our warfighters and their families. not be forced to foot the bill for the the committee has held over 600 public Second, the defense budget that we Federal responsibility of protecting the hearings to ensure that Federal tax are deferring was planned for back in President-elect. I view the amount in dollars are well spent, and the com- late 2015. Our actions to complete the the CR as a down payment, and I am mittee has earned results, cutting fiscal year 2017 appropriations process putting the majority on notice that a wasteful spending to the tune of $126 by April 28 will present the Depart- future funding bill must fully cover billion since fiscal year 2010. In fact, ment with a fundamental management these costs. the chairman has worked tirelessly to challenge. At a time when economic hardship is restore public trust in our Federal Third, it will require a significant common among those who have worked funding process, all with profes- amount of interchange with the DOD in unsafe and unhealthy coal mines, sionalism, good humor, and class. for Congress to complete the work for this Congress should be united in en- Mr. Speaker, I know I speak for all the remainder of this fiscal year’s ap- suring these men and women have both members of the committee and all propriation into spring. Those same in- the health and pension benefits they Members of the House in extending to dividuals and offices in the Department have earned. These hardworking indi- you our heartfelt thanks for your con- will simultaneously be making adjust- viduals need more than empty prom- tinued service on the committee and ments to the 2018 budget for the new ises. your remarkable service as chairman. administration. While it is likely that I am pleased the CR provides addi- On the resolution, briefly—and this is a 2018 budget request will be delayed tional funding to respond to natural relative to national security—the re- beyond the normal first week in Feb- disasters, to assist Flint, Michigan, in ality is we are a nation at war, engaged ruary, the two activities will overlap recovering from a lead crisis, to re- with enemies in Syria, Iraq, Afghani- significantly, and it creates inefficien- spond to threats abroad, to prevent stan, and elsewhere, and we have no cies. opioid addiction, and to support bio- greater responsibility than to ensure Let me also point out the Depart- medical research; however, we should that our men and women in uniform ment will be well into the development have made these investments along have the resources that this continuing of its fiscal year 2019 budget at the with a full-year bill that would have resolution assures so they can carry same time. The Department will be dealt with every government program. out their missions and return home presenting the fiscal year 2018 budget Finally, this bill should not include safely. to the Congress. At the same time, it the provision that would limit debate In this regard, we have scrubbed the will patiently be waiting for the resolu- on providing a waiver to allow the next President’s budget amendment $5.8 bil- tion of this budget, all the while oper- Secretary of Defense to have been re- lion for overseas operations. In doing ating under 2016 levels that we have tired from Active Duty for less than so, we have redirected funding to re- now extended with two consecutive the current requirement of 7 years. Ci- plenish our stocks of various munitions CRs. vilian leadership of the military is a that our troops need to fight ISIS and This CR has the likelihood of being bedrock principle of our democracy, the Taliban; and in light of increased particularly disruptive because it also and any new standard deserves full de- activity on behalf of the Russians, we coincides with the change in the execu- bate by the Congress. have provided funding for our NATO al- tive branch. So while claiming to rec- I know Chairman ROGERS worked to lies. This resolution needs to be sup- ognize the difficulty the new President have the Appropriations Committee re- ported for national defense and home- faces, we add a much greater burden to turn to regular order. I tried to be a land security. the incoming administration and the partner with him because I think the Again, I salute Chairman ROGERS for next Congress by not completing our American people want us to do our job his leadership. work now.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00117 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7518 CONGRESSIONAL RECORD — HOUSE December 8, 2016 In closing, I again appreciate the simultaneously be making adjustments to the the Appropriations Committee most work of the chairman, the ranking FY 2018 budget for the new administration. years, and all 12 should have been on member, the staff, and the committee. And while it is likely that the FY 2018 budget this floor and dealt with, and I regret I regret that we find ourselves on the request will be delayed beyond the normal first that they were not. House floor again creating manufac- Tuesday in February delivery, the two activi- There are a lot of good things in this tured uncertainty. ties will overlap significantly, which is incred- continuing resolution—as has been I am sorely disappointed that despite the ibly inefficient. mentioned earlier, the additional funds very best efforts of Chairman ROGERS, Rank- Let me just further that thought by acknowl- for biomedical research, the adjust- ing Member LOWEY, and the members of our edging that the Department will be well into ments and extra funding for defense at committee, we yet again find ourselves in the their development of the FY 2019 budget at a critical time for our country, and position of considering another Continuing that same time. They will be presenting the FY certainly the disaster relief funds Resolution (CR). 2018 budget to this Congress. And patiently which certain parts of our country In June, during the debate on the House waiting for resolution of this FY 2017 budget. share—but I know this is not the bill floor for H.R. 5293, the Fiscal Year 2017 De- All the while operating at FY 2016 levels that that Chairman ROGERS wanted to bring fense Appropriations Act, I expressed my con- we extended in two consecutive CRs because to this floor. Frankly, we have got to cerns with that bill because it did not provide we cannot find the initiative and political will to get out of this. enough funding to support the warfighter for complete our jobs. I couldn’t agree more with my friend the full fiscal year. Specifically, I stated that And this CR has the likelihood of being par- from Indiana who said it pretty well: our ‘‘fiscal year begins on October 1, 2016, ticularly disruptive because it also coincides this is not this committee’s fault. It is not May 1, 2017, and it is the responsibility of with a change in the Executive Branch. As has a failure in this Congress. This is the those of us holding office in the 2nd session been pointed out, no incoming Administration responsibility of this Congress and this of the 114th Congress to execute the FY 2017 has ever had to inherit a Department of De- administration to write the bill for appropriations process,’’ and that we should fense operating under a CR. So while claiming next year. This is a failure to meet demonstrate some legislative pragmatism and to recognize the difficulty a new President that responsibility. It is a necessary not foist our responsibility upon the 115th faces by including a provision to allow the ex- step, and I certainly will support it, Congress. Unfortunately, almost exactly six pedited consideration in the Senate of legisla- but we have simply got to get back to months later, it is appropriate to repeat myself. tion that overrides current law in the appoint- the point of regular order. Only in this circumstance it is applicable to ment of the next Secretary of Defense, we Next year, believe me, I will push nearly the entire federal government and not add a much greater burden to the incoming very hard to make sure we don’t have just a small portion of the Defense Appropria- administration and Congress by not com- another CR on April 28 and that we ac- tions Bill. pleting the FY 2017 Appropriation process. tually do the appropriations for FY17— With regard to the CR, I grant that it has I understand that Chairman ROGERS has de- we shouldn’t be doing it in FY17, but some positive aspects. Most notably it averts scribed the legislation before us as just a that would be better than another CR— a government shutdown until at least April 28, Band-Aid to give us time to complete the an- and then we will push to make sure 2017. It provides much needed funding to the nual appropriations process. That is unfortu- that we do the FY18. I know the chair- Department of Defense for Overseas Contin- nately a refrain we have heard too often in re- man has done everything humanly pos- gency Operations and the European Reassur- cent Congresses. In what fiscal year will we sible to do that, and I know he has had ance Initiative. And it contains $170 million to stop putting Band-Aids over our self-inflicted a willing partner in that in the ranking address the infrastructure and health needs of wounds to the appropriations process? The member. those communities affected by contaminated American people deserve so much more. So let’s all make a New Year’s reso- drinking water. In closing, I regret that we again find our- lution. Let’s pass this bill, but let’s get However, CRs are no way to run a nation selves on the House floor creating manufac- back to regular order. Let’s restore and I wholeheartedly agree with Ranking tured uncertainty. It is imperative that we bring things. There is a bipartisan sense of Member LOWEY that there is no practical rea- an end to the reliance on CRs and get back frustration on the Appropriations Com- son that two months into a fiscal year, we are into the habit of completing our budgetary mittee, and, frankly, the leadership on kicking the can down the road for another five work in a timely manner. both sides in this body need to work to Mr. ROGERS of Kentucky. Mr. months. Congress has no credibility to de- achieve that. It is not an Appropria- Speaker, I yield 3 minutes to the gen- mand good government if it is incapable of tions Committee failure. This is the tleman from Oklahoma (Mr. COLE), providing appropriations to the whole of the failure of Congress—the House of Rep- who chairs the largest civilian piece of federal government in a timely and predictable resentatives and the Senate—to do its the Federal budget, the Labor, Health manner. job. That should not happen again. As the Ranking Member on the Defense and Human Services, Education, and Mr. Speaker, I urge support for the Subcommittee, I feel it is important to highlight Related Agencies Subcommittee, on measure. some of the complications we are our committee. The gentleman is the Mrs. LOWEY. Mr. Speaker, I rise to compounding in 2017 should the Department most articulate member of our com- enter into a colloquy with Chairman of Defense have to operate under a CR for a mittee, I would say, and one of the ROGERS. total of 6 months and 28 days. great Members of this body. First, CRs hinder the DoD from adapting to Mr. COLE. Mr. Speaker, I certainly Mr. Speaker, section 170(b) of the emerging conditions around the globe. Al- thank the gentleman for yielding and continuing resolution creates a contin- though we are including a few anomalies and those extremely kind and gracious gency fund which could make available adjustments in this CR, many more programs words, and I certainly rise in support of an additional $200 million after March and initiatives simply did not make the ‘‘cut- this very important bill. I want to echo 1. list’’ and we will have created unforeseen but the praise that has been offered on this Can you clarify if the additional real impacts to our warfighters and their fami- floor by members of both parties for funds in section 170(b) will be available lies. our chairman, who is bringing his last for obligation for three fiscal years, the Second, the defense budget we are defer- full appropriations bill to the floor as same period of time as other fiscal year ring was planned for back in late 2015. Our the full committee chairman, and just 2017 funds appropriated to carry out actions to complete the FY 2017 appropria- tell him what a pleasure it has been to the same purpose? tions by April 28, 2017, will be challenged in work under his leadership and to learn, Mr. ROGERS of Kentucky. Will the synchronizing a final budget solution that is at frankly, at his knee, and usually with gentlewoman yield? a minimum 16 months later than when it was a pretty good cigar at the same time. Mrs. LOWEY. I yield to the gen- drafted and planned by the Defense Depart- So I have enjoyed that, and I think he tleman from Kentucky. ment. has done a great job. Mr. ROGERS of Kentucky. The an- Third, it will require a significant amount of I also want to congratulate my swer is yes. interchange with the DoD for Congress to friend, the ranking member. This is a Mrs. LOWEY. Thank you, Mr. Chair- complete the work on the remainder of the FY chairman and a ranking member that, man. 2017 appropriations in the spring. Those same frankly, have done their jobs the last 2 Mr. Speaker, I reserve the balance of individuals and offices in the Department will years. All 12 bills were reported out of my time.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00118 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7519 Mr. ROGERS of Kentucky. Mr. to this problem in the new Congress This resolution abandons hardworking Speaker, I yield 3 minutes to the gen- and to provide some lasting relief to coal miners after years of faithful serv- tleman from West Virginia (Mr. MCKIN- our coalfields, which have suffered so ice, right at Christmastime. Gosh, LEY) for the purpose of a colloquy. much in the last 8 years. what a Christmas present. Mr. MCKINLEY. Thank you, Mr. Mr. MCKINLEY. Reclaiming my The SPEAKER pro tempore. The Chairman, for this opportunity to dis- time, thank you, Mr. Speaker. I look time of the gentlewoman has expired. cuss this short-term healthcare provi- forward to working with you. You have Mrs. LOWEY. I yield the gentle- sion for coal miners that is in the CR. been very honorable, and someone that woman an additional 1 minute. A few months ago, approximately I have truly enjoyed working with. As Ms. KAPTUR. If Republicans wanted 20,000 retired coal miners and their we proceed on this in the next year, I to run the House under regular order, families received notices that they think we can be successful. With in- they have failed. They only brought up would lose their health benefits at the coming Chairman FRELINGHUYSEN, I half of the 2017 bills to the floor for a end of this year—not for anything that am even more excited. This is a way to vote. Where are the other six? they did, but because of President get a final resolution. If Republicans wanted to fund the Obama’s war on coal and the excessive Mrs. LOWEY. Mr. Speaker, how government in a responsible and effi- regulations that have forced their much time do I have remaining? cient way, they have failed. This resolution will likely cost us former employers into bankruptcy. The SPEAKER pro tempore. The gen- tlewoman from New York has 22 min- millions of dollars more in delayed b 1245 utes remaining. projects, contract breaches, and lost Remember, these men and women did Mrs. LOWEY. Mr. Speaker, I yield 2 American jobs. Is this a sign of what is nothing to cause this problem. The ex- minutes to the gentlewoman from Ohio to come? What happens on April 28 tension of their healthcare benefits (Ms. KAPTUR), the ranking member of when this filthy Band-Aid falls off? will give these families, unfortunately, the Energy and Water Subcommittee If we can’t pass bills under regular little relief. It is for only 4 months, not on Appropriations. order this year—when we had a bipar- any longer. Ms. KAPTUR. Mr. Speaker, I thank tisan budget agreement and a Repub- After this bill passes, in just a few the gentlewoman for yielding and com- lican majority—what will we do in May short weeks, they will be back in the pliment her on her work as ranking when we have not only the rest of the same position. They will get the same member, and to the chairman of our 2017 budget to fix but also the 2018 notice. full committee, Mr. ROGERS, an incred- budget and the debt ceiling to address? I wonder what chaotic path the Re- I am deeply disturbed that this bill ible chairman. Both of them did their publican leaders will lead us down in does not include a long-term solution. work. the new year? This is certainly a sign, Some in the Senate are even willing to I rise today—as the underlying bill that all of this is attached to is our en- a terrible sign, of what is to come. kill this bill, but, in so doing, they ergy and water bill—appalled at this Mr. ROGERS of Kentucky. Mr. would be abandoning the 20,000 coal Christmas tree bill that the Republican Speaker, I yield 3 minutes the gen- miners. We can’t do that. We have to leadership has foisted on this Congress tleman from Michigan (Mr. UPTON), the accept what we have. We can’t turn our in the last minute. This is exactly the outstanding chairman of the House En- back on these families. type of bill the public hates. ergy and Commerce Committee. Stopping this CR would put 20,000 The top brass over there literally Mr. UPTON. Mr. Speaker, first, I people in harm’s way. So I am sup- disrespected our committee work and must join a long line of folks congratu- porting its passage, extending my hand produced, instead, a rotten egg. Today, lating our friend and chairman of the to the leadership, and asking that they we will take a vote that forces us to important Appropriations Committee, work with me when we return next choose between shutting the govern- the gentleman from Kentucky (Mr. Congress to find a long-term solution. ment down 2 weeks before Christmas or ROGERS), for great service, assembling Our coal miners deserve the peace of supporting a disgrace of a funding bill, a wonderful, hardworking staff, and mind to know that their benefits will laced with nongermane, controversial making sure that, particularly at not be threatened in the future. I am provisions. Christmastime now, we are not going willing to work with leadership, and What kind of choice is this? What to be looking at shutting down the gov- anyone else, in Congress to get that happened to the Republican’s top pri- ernment. done. ority of funding the government under I rise in support of this CR, the con- Mr. Chairman, I have enjoyed very regular order? It is not our commit- tinuing resolution. I want to just in- much working with you for the last 6 tee’s fault. We did our job. What hap- form a couple of my colleagues of some years. So my question to you is: Is it pened to voting on 12 appropriations of the very important provisions that your understanding that we will have bills and allowing amendments under are included in this package, including the opportunity to pursue a long-term regular order? We want to do that, but funding to begin some of the work en- solution and fund the healthcare bene- we are being handcuffed. acting 21st Century Cures and relief for fits of retired coal miners in the first I will tell you what happened. The families in Flint, Michigan, and else- months of the 115th Congress and be- Republican leaders threw out our up- where around the country. fore the CR expires? to-date bills. They threw them in the There is not a single person in this Mr. ROGERS of Kentucky. Will the trash, and they replaced them with yet Chamber watching at home today who gentleman yield? another bill that looks in the rearview has not been touched by disease in Mr. MCKINLEY. I yield to the gen- mirror with numbers that are 2 years some way. We have said all too many tleman from Kentucky. old and doesn’t meet America’s current goodbyes to the people that we hold Mr. ROGERS of Kentucky. Yes, that realities. It forces our government dear. Every day, countless folks living is my understanding. Just across the agencies, including Defense, which Re- vibrant lives are delivered unexpected river from you, in my home State of publicans claim to care so passionately diagnoses. It is a cycle that repeats Kentucky, there are thousands of re- about, to operate without any predict- itself over and over in every commu- tired miners who will be impacted by ability or stability. This is disgraceful. nity. Life can change in an instant, and the expiration of these healthcare ben- No wonder Americans are so mad at us. hope seems sometimes out of reach. efits, many of them in my district. If Republicans wanted to take care of Whether it be Alzheimer’s, lupus, MS, These miners have worked hard their the military, they have failed. The cancer, you name the disease—diabe- entire lives to earn these benefits, and military has never, ever operated under tes. they deserve to know that the promises a continuing resolution during a Presi- That is why both the House and the made to them, while working day in dential transition until now. Imagine Senate overwhelmingly passed the bi- and day out in the mines, will be hon- how the commanders in the field feel partisan 21st Century Cures Act with ored. when the April deadline hits. What is 392 votes in the House and 94 in the I am committed to working with you going to happen in May? Senate just yesterday. It is set to be and other Members representing coal If Republicans wanted to take care of signed into law next week, and our ef- country to arrive at a lasting solution American workers, they have failed. fort will help change the conversation

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00119 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.045 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7520 CONGRESSIONAL RECORD — HOUSE December 8, 2016 on innovation and research. But it is Congress, but you are leaving the Carolina (Mr. PRICE), the ranking patients that it is going to help the chairmanship. We are going to miss member on the Transportation, Hous- most. you in that position, but you are re- ing and Urban Development, and Re- This bill fulfills our commitment to placed by a friend who now has to sit lated Agencies Appropriations Sub- hit the ground running immediately in closer to me when I travel on the train committee. our effort to deliver cures now, deliv- so I can tell him all of my thoughts. I Mr. PRICE of North Carolina. I ering valuable funds in this fiscal year, thank you. thank our ranking member, and I asso- something that was critical as we Mr. ROGERS of Kentucky. Mr. ciate myself with the kind remarks worked together on both sides of the Speaker, I yield 2 minutes to the gen- others have made regarding our depart- aisle in both the House and the Senate tleman from Arkansas (Mr. WOMACK), a ing chairman, with whom I also share to get it done. member of the Armed Services Sub- many years of productive and coopera- The bill also fulfills our commitment committee on Appropriations. tive work in this institution. to the folks of Flint, Michigan. Again, Mr. WOMACK. Mr. Speaker, I thank Mr. Speaker, I am pleased that this an issue that we have dealt with. I the gentleman from Kentucky for giv- continuing resolution includes signifi- commend Mr. KILDEE, who is on the ing me a couple of minutes here to cant funding to help ensure that North floor, for working with him in a bipar- speak on behalf of this bill. Carolina and other affected States have tisan way. The system failed them at I am not real sure, Mr. Speaker, how the resources necessary to recover and every level of government. But that is much more constructive I could be on rebuild in the wake of Hurricane Mat- not what the folks in Flint wanted to this discussion of this underlying bill. thew and other major storms that hear. They wanted answers. This bill fi- The truth has already been spoken by struck earlier this year. nally delivers that, and it has been a both sides. It is not the bill that we As North Carolina’s only member on long struggle. And, again, I commend wanted to bring to the floor. It is not the Appropriations Committee, secur- ing this funding has been my top pri- the gentleman from Michigan (Mr. KIL- the bills that we have marked up after ority since Hurricane Matthew made DEE) for his leadership on this. We some very serious oversight meetings worked together. This bill provides the and discussions within the Appropria- landfall, and I am grateful for the bi- effort to right those past wrongs. They tions Committee. partisan cooperation of our State’s As has already been mentioned, we want answers and results, and this bill congressional delegation and also of have moved each of the 12 bills through the Appropriations Committee leader- delivers exactly that. I urge my colleagues on both sides of committee. Only half of them have ship throughout this entire process. The bill before us also includes crit- the aisle to pass this bill and send it to made it through the floor of the House. ical funding to address the Flint water the Senate and then to the President. So it is not the final product that any crisis, our national opioid epidemic, Mrs. LOWEY. Mr. Speaker, I yield 2 of us on the Appropriations Com- and Vice President BIDEN’s Cancer minutes to the gentleman from New mittee, and I would guess most of the people in our Congress, would have Moonshot initiative. York (Mr. SERRANO), the ranking mem- It is heartening to see these efforts ber of the Appropriations Sub- wanted to bring. But it is the bill that is on the floor bear fruit, but this bipartisan success committee on Financial Services and today, and it is quite essential that we stands in stark contrast to how the Re- General Government. publican leadership of this House has (Mr. SERRANO asked and was given pass it and leave for the holidays with- out turning Washington upside down or managed the appropriations end game permission to revise and extend his re- this year. Rather than work in a pro- marks.) our economy upside down. So I support the underlying bill, and I would rec- ductive way with Democrats to finalize Mr. SERRANO. Mr. Speaker, I thank our fiscal year 2017 appropriations the gentlewoman. ommend that it get a thunderous amount of approval here within in the bills, Republican leaders of the House I rise to join my voice to those from have, again, decided, this time in con- New York and other places who con- Congress. Before I close, I can’t help but re- nivance with the Trump transition, to tinue to ask: Why not fairness in reim- abandon the appropriations bills we ne- bursing New York City for the work member back 6 years ago, Mr. Speaker, when I came to this Congress. During gotiated in good faith in favor of yet that it is doing, the money that it is another stopgap measure, this one ar- spending, to take care of the President- the orientation period, I had an oppor- tunity to engage in conversation with bitrarily lasting for 5 months. elect? We don’t have a problem with This doesn’t bode well for the appro- safeguarding him, but someone should my friend from Kentucky, HAL ROGERS. I told him then that I wanted to be priations process. We have heard the pay, other than the local government. on his committee. I knew he was com- alarm bells sounded here today by ap- I must remind you, or warn you, that mitted to regular order, and I knew he propriations leaders from both sides of he loves New York, and that is fine. I understood the process. I had the desire the aisle. suspect this will be a President who to serve on a committee that was actu- Make no mistake, there are some im- will spend a lot of time in New York ally going to do something that Wash- mediate consequences as well. This CR City, rather than in the White House. ington is not real familiar with, and will damage HUD programs that serve That might sell well on some TV net- that is cut spending. He has done that. our most vulnerable populations. It works, but it won’t sell well for the I promised him that I would be will- will prevent States from receiving new taxpayers of New York. ing to take the tough votes, and that I highway and transit funding called for So I think it is important for us now would be standing there with him and in the bipartisan FAST Act. The CR to be able to get New York the $35 mil- the rest of my colleagues on the Appro- also contains a partisan anti-safety lion it has already paid. Now, there is priations Committee to do our job—to provision that would block overnight $7 million in the bill, and some will restore regular order and, really, the rest requirements for commercial say, I can’t vote for this because it Article I powers that the Congress truck drivers, endangering highway only has $7 million. I am looking at should enjoy. travel for millions of drivers across the Chairman ROGERS, I am looking at country. Chairman FRELINGHUYSEN, and I sus- b 1300 Perhaps the most egregious, as well pect that this is a downpayment on He has never failed me, nor has he as unprecedented, is the inclusion of a what is to come, and that the negotia- failed our committee. Our Congress— waiver for President-elect Trump’s tions will get better. our House—should appreciate what this nominee for Secretary of Defense. As I close, let me just take a second gentleman has done with this regard. Whatever the merits of this nomina- to say, HAL, you have been a great I thank the gentleman from Ken- tion, setting aside the 7-year waiting chairman. Every time I get up and you tucky for the leadership he has given period that is designed to protect the look to your right, which is not dif- our committee, and I thank him for the civilian control of the military de- ficult for you to do, but when you look time here to express my feelings pub- serves more deliberation and debate to your right and you single me out to licly on the floor of the House. than a CR provides. speak, I have always felt that I am part Mrs. LOWEY. Mr. Speaker, I yield 3 Mr. Speaker, as we enter this period of the team. You are not leaving the minutes to the gentleman from North of political uncertainty, I hope that we

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00120 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.047 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7521 can commit in future fiscal years to an about every third week, we go home checked and balanced mostly on this appropriations process that allows us and do work in our districts. That time committee. to exercise the power of the purse—this is important, but we are elected to do It is going to be a tough year next body’s essential constitutional power— a job. We have got to be in Washington, year, Mr. Speaker. It is going to be a in a measured and bipartisan way. and we have got to be on the floor, and tough year. Some of the proposals Mr. ROGERS of Kentucky. Mr. we have got to be debating these bills being made are really radical. They are Speaker, I yield 2 minutes to the gen- if we want to get back to regular order. going to cut a lot of things and hurt a tleman from Idaho (Mr. SIMPSON), who We act as if it comes down from on lot of people if this Congress doesn’t chairs the all-important Energy and high that, geez, this just can’t happen, correct them. We have a sense of how Water Development, and Related Agen- like it is not in our control. It is in our to do that, but we can’t do it with a cies Subcommittee on our committee. control. We on both sides of the aisle CR. Mr. SIMPSON. I thank the chairman need to make a commitment that we So I leave here really appreciative of for the time. will get back to regular order and do the incredible responsibility that my Mr. Speaker, first, let me thank the individual appropriations bills because electorate has given me to be here—the chairman for the job he has done over that is the way this place is supposed privilege of being in the House of Rep- the last 6 years of leading this com- to work. resentatives. I really have loved the op- mittee. It is a difficult job. We have to I thank the chairman for all of the portunity to be on the Appropriations make tough choices, and this com- job and all of the effort that he and Committee. I respect, through the lead- mittee has been willing to do this. I ap- Ranking Member LOWEY have done to ership of our chair and of our ranking preciate the leadership that the chair- bring us back to regular order to the member, they have been able to man and Ranking Member LOWEY have extent we can, and, hopefully, we will produce some remarkable appropria- provided for this committee and for the keep moving forward. tions bills. direction in which we have been able to Mrs. LOWEY. Mr. Speaker, I yield 3 I will just say to my colleagues: Take go. minutes to the gentleman from Cali- back your power. Be what the elec- torate wants. Be what the Constitution Let me say also, Mr. Speaker, that I fornia (Mr. FARR), the ranking member don’t really like what we are doing of the Agriculture, Rural Development, asks us to do. Be that serious-minded, here. I don’t think anybody on the Ap- Food and Drug Administration, and representational government that real- propriations Committee likes what we Related Agencies Subcommittee on Ap- ly drills down on how all of govern- are doing here. We all know it is nec- propriations. ment is going to operate. Don’t cave in essary because we don’t want the gov- Mr. FARR. I thank the ranking mem- to CRs. Mr. ROGERS of Kentucky. Will the ernment to shut down, but it is amaz- ber for yielding. ing to listen to the number of people Mr. Speaker, this is a very bitter- gentleman yield? Mr. FARR. I yield to the gentleman. who come on the floor. I know all of sweet moment for me. It is the last Mr. ROGERS of Kentucky. Mr. the Appropriations Committee mem- time I will speak on this floor after 23 Speaker, the gentleman and I do not bers want to get back to regular order years of serving in the House of Rep- agree on many issues, but I think all of and do individual bills, conference resentatives. us agree that he has been an out- them, and then do individual con- It is sweet because it is about the ap- standing Member of the Congress. He ference reports of all of the bills. That propriations process and the wonderful has been a workhorse on our com- is what should be done. That is called camaraderie on that committee, which, mittee, and we are going to miss him. regular order. The last time that was I think, is the most important com- Congratulations to you on a great ca- done was in 1994; 22 years ago. Under mittee and the most exciting com- reer. Thank you for serving. Republican and Democrat leadership, mittee in Congress because you deal Mr. FARR. In reclaiming my time, I we have not been able to do it in the with all aspects of how government op- thank the chairman. I really appre- last 22 years, and it is time we do. erates. You really do the policy wonk, ciate those kind remarks. It is amazing the number of people the technical stuff, the drilling down— Mr. ROGERS of Kentucky. Mr. who come to the floor and who aren’t all of those words we use in order to Speaker, I reserve the balance of my on the Appropriations Committee who understand how government works and time. say, Man, we need to get back to reg- how much it is going to cost. You have Mrs. LOWEY. Mr. Speaker, I yield 2 ular order. just heard this incredible bipartisan- minutes to the gentlewoman from Min- We all agree with that. ship of people—those dedicated to the nesota (Ms. MCCOLLUM), the ranking So how do we do it? job they were elected to do on the com- member of the Interior, Environment, I will tell you how we do it. It takes mittees they serve on—do the appro- and Related Agencies Appropriations a commitment. It takes a commitment priations process. All of that has devel- Subcommittee. of Republican and Democratic leader- oped this incredible friendship and, I Ms. MCCOLLUM. Mr. Speaker, once ship that, if you are going to have open think, professional respect we have for again, this Congress has abandoned its rules, which is when any amendment one another regardless of our philoso- responsibility to provide a full-year ap- can be offered—a lot of these appro- phies. propriation. Months of hard work were priations bills come to the floor, and The bitterness of it is that you have thrown away, pushing important fund- we have 100 or 150 amendments of- just heard everyone so eloquently ing decisions down the road. I have fered—they take a lot of time to pass. speak about the failure of the process heard from families and business lead- That is okay, but we have got to have in that we are doing a CR that nobody ers in my district who are worried a commitment that we are going to wants to do. about the uncertainty that continuing spend the time on the floor to do these Why is that? resolutions create in their daily lives. appropriations bills. We are willing to Frankly—and they are not saying It is not a good way to govern. It is not do that, but it takes a commitment it—I think this is the first test of how a good way forward for our country. from leadership that we are going to the Congress is going to respond to the As the ranking member of the Inte- have the floor time. new President-elect Trump’s agenda. It rior, Environment, and Related Agen- We used to have a time when, all dur- was our former Member—now Vice cies Subcommittee, I am disappointed ing the month of June and the first of President-elect—Mike Pence who said: that this bill only provides 5 months of July, it was called appropriations sea- We want a CR. funding for priorities like clean air, son. We were here for 6 weeks in a row, He served in this House, and he clean water, national parks, and our 5 days a week—sometimes until very knows the process. We were all in treaty obligations. late at night and early in the morn- agreement. We were going to do a com- We need to secure funding for hos- ing—doing the appropriations bills. We prehensive bill. We have caved to this pitals and for schools in Indian Coun- don’t do that anymore. We have a new request, and we shouldn’t have, be- try, and it should be for a full year. We schedule because the district work pe- cause this is the only place in which need to manage our national forests riod is very important also, and I un- you do checks and balances. The abuses and parks and the Environmental Pro- derstand that for a lot of Members. At of the administration can be only tection Agency’s monitoring of toxins

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00121 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.053 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7522 CONGRESSIONAL RECORD — HOUSE December 8, 2016 that threaten the health of our fami- This bill includes necessary funding Ms. JACKSON LEE. Mr. Speaker, I lies. The decision that we have before to put Flint back on a path that allows thank the gentlewoman from New us today only allows these programs to its citizens to have the basic human York for yielding, and I thank her for continue for 5 months and be in jeop- right of clean drinking water. So I ask her leadership. ardy again in April. This bill does take my colleagues, as we go forward, obvi- I want to associate myself with the one important step, however, to assist ously consider all of the elements of all words about the chairman, Mr. ROGERS, with the lead poisoning crisis in Flint; legislation, but also keep in mind this and thank him for his years of commit- although, it is less than what is needed is the last day of this session of Con- ment and dedication to this Nation. and it comes far too late. gress in the House of Representatives, I also want to acknowledge my good I thank, however, Chairman CALVERT this is our last chance to provide that friend SAM FARR, and I thank him so and Chairman ROGERS, and I thank much-needed help to my hometown. very much for being so strong and com- Ranking Member LOWEY for their work This is why I was sent to Congress: to mitted to the right things of this body to ensure that this bill does not con- fight for the people whom I represent, and the Nation. I thank him for his tain any new policy riders that would to make sure they have what they service. impact the Interior, Environment, and need, and to make sure, at this mo- I join with my colleagues. Many have Related Agencies Subcommittee’s ju- ment of their greatest need, that every said this is the wrong way to fund the risdiction. level of government responds to them. government, that appropriations legis- My biggest concern with this legisla- That is why I will support this bill, and lation done by the Appropriations tion, however, is not interior-related, I would hope my colleagues will join Committee was ready and done. I join but, instead, involves the fundamental me in that. my colleague who says that we caved. principle of our democracy. The deci- Mr. ROGERS of Kentucky. Mr. We conceded to not doing our job in the sion by Republican leadership to in- Speaker, I yield 2 minutes to the dis- 114th Congress, and for that reason, I clude language that would limit a full tinguished gentleman from Texas (Mr. am very concerned. public debate on Senate confirmation CARTER), who chairs the all-important Earlier today we had the WRDA bill, for the nominee of Secretary of De- Homeland Security Subcommittee on and I support that bill for the many fense is alarming. Civilian control of our committee. projects that are going to help the citi- our military has been a cornerstone of Mr. CARTER of Texas. I thank the zens of Texas. I wish I could say the chairman for yielding. American democracy since our coun- same thing as we go into the con- Mr. Speaker, I am a proud member of try’s founding. When the Secretary of tinuing resolution, for, yes, we have the Appropriations Committee. I have suffered in the State of Texas. There is Defense position was created in 1947, one of the most difficult areas as far as this principle was enshrined into law. I $1 billion for the Army Corps of Engi- current events in the country, and that neers, $1.8 billion for the Community think the decision moving forward in is homeland security. Development Block Grant, and $1 bil- this bill is deeply concerning to all I don’t like a CR any more than any lion for the Federal highway. Americans. other appropriator likes a CR, but our Certainly, I would say, in the WRDA Mr. ROGERS of Kentucky. Mr. job is to fund the government. The bill is the authorization for helping the Speaker, I reserve the balance of my Constitution tells us we are to fund the people of Flint and a reform of the Safe time. government, and we have hardworking Drinking Water Act to make sure we Mrs. LOWEY. Mr. Speaker, I yield 2 people like HAL ROGERS, who reads the minutes to the gentleman from Michi- Constitution and realizes we have got protect our children from lead-filled gan (Mr. KILDEE), a member of the to take the best medium we can for water. That is a good thing, but it is Committee on Financial Services. now and fund the government. So, of not a good thing to only put $100 mil- Mr. KILDEE. I thank my friend and course, I am going to support this CR lion in for Flint. But I support my col- colleague, the ranking member, for and I hope all my colleagues will. league from Michigan (Mr. KILDEE) be- yielding and for her work on behalf of I want to tell you, all of us on the cause this money is needed, and it is my hometown of Flint. She has been Appropriations Committee go through needed now. one of the strong advocates. the entire process of doing the best we I think there is more we can do, and Mr. Speaker, no piece of legislation can for the departments we represent, we should have done it in regular that I have yet seen in the 4 years I to give them suggestions of leadership order; and if we had done regular order, have been in Congress and that has and direction to fund the projects that a few more days, we would have passed come before this floor is perfect, and they need, to take care of the employ- appropriations bills. this bill is included; but the people of ees who work there and take care of Let me also say that what really Flint today—the people of my home- the mission of every department we skews and takes this bill, the CR, off town—cannot drink their water be- have. To have to see cede all that to a its wheels is the waiver, the expedited cause of actions by the State govern- CR is painful, but reality is reality. process of trying to move forward a ment and, frankly, as we know, be- The government must go on, and at nominee of the incoming President, cause of the failure of the Federal Gov- this point in this time the government violating statutory law that has not ernment, through the EPA, to alert the will go on with a CR. been utilized in 66 years since the fa- citizens of Flint to the crisis. The fact I also wanted to get up and say, as mous General Marshall was selected. that their water had been poisoned has you go through these battles, wonder- Why not regular order—hearings, legis- caused this community to face the big- ful people like my chairman and rank- lation, understanding what this will do gest crisis that it has faced in all of its ing member, Mr. ROGERS and Mrs. to the military-civilian separation? years. LOWEY, fight through the frustrations Mr. Speaker, let me simply say we through the entire committee, and we have got to do our job the right way. b 1315 do this. Yet these great minds like HAL The CR is not the right way. The I am a product of Flint, Michigan. I ROGERS know what it takes to make American people need us to do our job grew up in Flint. Everything I have, things work around here, and they are the right way. everything I am, I owe to that commu- willing to put in the time and the ef- Mr. Speaker, I rise to speak about Senate nity—and it has faced some terrible fort to get it done no matter how it has Amendment to H.R. 2028, the ‘‘Energy and struggles over the years: the loss of to be done. Our preference is to pass all Water and Related Agencies Appropriations manufacturing jobs, 90 percent of those appropriations bills into law. A neces- Act of 2016.’’ manufacturing jobs are gone; the loss sity at this time is a CR, and I trust This bill is an imperfect vehicle for appro- of half of its population, blight and absolutely that my chairman is doing priations for FY 2017, because it does not fully abandonment. It is a community that the right thing. fund the government for the entire fiscal year; had just begun to rebuild itself when Mrs. LOWEY. Mr. Speaker, I yield 2 it includes language to change a law that is this water crisis caused Flint to face minutes to the gentlewoman from unrelated to the budgetary or appropriations the toughest times it has ever faced. It Texas (Ms. JACKSON LEE), from the process; and it keeps in place sequestration. needs every level of government to step Committee on the Judiciary and the The leadership of the House is using the up to provide relief. Committee on Homeland Security. last day the 114th Congress will be in session

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00122 Fmt 4634 Sfmt 9920 E:\CR\FM\K08DE7.050 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7523 to do work that should take 8 months to com- rate maintaining program levels under current Head Start and Early Head Start services plete in a regular appropriations process. law. were eliminated or severely impacted with ap- Senate Amendment to H.R. 2028 goes The Continuing Resolution provides $4 bil- proximately 4,800 children being impacted against sound fiscal practice by including the lion in emergency funding for disaster relief for throughout the state of Texas. budget gimmickry known as sequestration, a damage caused by Hurricane Matthew in Families in my district who rely on Federal fiscal bludgeon that makes across the board North Carolina, South Carolina, and Florida; Government programs like Head Start are cuts in funding for the valuable services de- and severe flooding that occurred in Texas, hurting. pended upon by American children, seniors, Louisiana, West Virginia, and elsewhere. The pain did not start with the 2013 shut- workers, veterans, students, and small busi- Funding includes: down, but with sequestration which hit Head nesses. $1 billion for the Army Corps of Engineers Start programs for 3 to 4 year olds in the Mr. Speaker, the Continuing Resolution be- to repair damage to federal projects resulting Houston area hard: $5,341 million cut; 109 fore us extends current Fiscal Year 2017 gov- from recent severe storms; Employees cut; 699 Slots for children cut. ernment funding through April 28, 2017, at its $1.8 billion for the Community Development Head Start and Early Head Start Programs current rate, which includes an across-the- Block Grant; were further stressed by the federal govern- board cut of .19% for all accounts, defense $1 billion for the Federal Highway Adminis- ment shutdown. and non-defense. tration’s Emergency Relief program to rebuild My support of Head Start and Early Head Senate Amendment to H.R. 2028 also does infrastructure after natural disasters; Start is based on what I have seen and heard something very serious, and has nothing to do The Continuing Resolution includes $5.8 bil- about programs like the AVANCE-Houston with funding the federal government; this bill lion in Overseas Contingency Operations Early Head Start program serving parents and changes the number of years a retired mem- (OCO) funding for defense priorities from the children in the 18th Congressional District. ber of the armed services must wait before budget amendment submitted in November: The AVANCE-Houston Early Head Start is a being considered for the position of Secretary $5.1 billion is to support counterterrorism program serving low income families in my of Defense. operations; and Houston, Texas District. The bill’s critical imperfection has nothing to $652 million is to support the European Re- I have visited with AVANCE-Houston admin- do with funding the federal government—it is assurance Initiative. istrators many times to get an update on how a change in law that would allow a retired mili- The Continuing Resolution includes $4.3 bil- low-income families with infants and toddlers tary person to serve after only 3 years of re- lion in Overseas Continency Operations fund- and pregnant women served by the program tirement instead of 7. ing for non-defense priorities, including: were doing. The AVANCE-Houston Early Head Start’s The service to our nation and the honor and $1.6 billion for Embassy Security; mission is simple: AVANCE-Houston works for integrity of the person under consideration at $1.2 billion for Economic and Stabilization healthy prenatal outcomes for pregnant present to be the next Secretary of Defense is Assistance, including countering Russian influ- women, enhances the development of very not in question—it is the reason why there is ence; young children, and promotes healthy family a waiting period and why that is important. $916 million for Humanitarian Assistance to functioning. By placing this change in a continuing reso- respond to 65 million displaced persons; AVANCE-Houston serves nearly 1,800 chil- lution—a bill designed not to allow more than $160 million for State Department and dren citywide; each of these families and their an hour of debate and no changes is not the USAID operations; and children are suffering the effect of the seques- vehicle we should use to make this change. $404 million in Security Assistance for civil- ian police training and judicial aid, anti-ter- tration. If President Obama had suggested a Sequestration has cost AVANCE-Houston rorism training and explosive ordnance re- change in law to be accomplished in a con- over $842,518 in Head Start and Early Head moval, peacekeeping and stabilization pro- tinuing resolution appropriations bill, his re- Start lost funding and put on hold the head grams in Africa and the Middle East; quest would have been denied. start on the future our children deserve. The politicization of the legislative process The Continuing Resolution provides: As I stated, Mr. Speaker, this Continuing has seriously undermined the credibility of the $100 million for making capitalization grants Resolution is not perfect and it only funds the Congress to do the important work of funding to Flint, Michigan under the Drinking Water government until April 28, 2017. the federal government. State Revolving Funds. These funds will ad- For that reason, I renew my call that all Mr. Speaker, I am disappointed that we dress lead or other contaminants in drinking members of the House and Senate work to- have again been placed in the position of hav- water, including repair and replacement of gether to reach agreement on an appropriate ing to fund the government through the device lead service lines and public water system in- budget framework that ends sequestration but of a continuing resolution rather than through frastructure; does not harm our economy or require draco- the normal appropriations process of consid- $20 million for Water Infrastructure Finance nian cuts to the nation’s priorities. ering and voting on the twelve separate and Innovation (WIFIA) Grants to finance Mr. ROGERS of Kentucky. Mr. spending bills reported by the Committee on water infrastructure efforts, including those to Speaker, I reserve the balance of my Appropriations. address lead and other contaminants in drink- time. The use of this appropriations measure to ing water systems; Mrs. LOWEY. Mr. Speaker, I yield 1 further a political objective adds further insult $20 million for a Lead Exposure Registry to minute to the gentlewoman from the to this body and the appropriations process. collect data on lead exposure and an Advisory State of California (Ms. PELOSI), the There are oversight committees with the Committee to review programs, services, and distinguished Democratic leader. knowledge, expertise and experience to make research related to lead poisoning prevention; Ms. PELOSI. Mr. Speaker, I thank the determination on whether this change is $15 million in additional funding for CDC’s the gentlewoman for yielding, and I prudent and if they determine that it is—to Childhood Lead Poisoning Prevention Pro- commend her for her excellent leader- make the appropriate changes in law. gram to conduct screenings and referrals for ship as the ranking Democratic mem- Senate Amendment to H.R. 2028 is not per- children with elevated blood lead levels; and ber on the Appropriations Committee. fect—far from it—but it is a modest and posi- $15 million in additional funding for HRSA’s As an appropriator myself, I under- tive step toward preventing Republicans from Healthy Start Program to reduce infant mor- stand the culture. I understand the ca- shutting down the government again and man- tality and improve perinatal outcomes. maraderie between parties. For that ufacturing crises that only harm our economy, The Continuing Resolution appropriates reason, I want to commend our distin- destroy jobs, and weaken our middle class. $872 million from accounts funded by the 21st guished chairman, Mr. ROGERS, for his The government shutdown of 2013, which Century Cures Act, including: wonderful service as the chairman of was manufactured by the Republican majority, $500 million to support grants to States to the Appropriations Committee. I lasted 16 days and cost taxpayers $24 billion. respond to the opioid abuse crisis; and served with him for many years on the The cost to federal employees and the peo- $352 million to support biomedical research committee. I know firsthand his con- ple they serve cannot be calculated. at the National Institutes of Health. cern for the American people, and I Mr. Speaker, as with any compromise there Mr. Speaker, to illustrate how strongly I feel thank him for his service. I know he are some things in the agreement that I sup- about the need to end sequestration, let me will continue as an appropriator, but I port and some things that I strongly oppose. chronicle the severity of the suffering and pain thank him for his leadership as chair- For example, I support the provisions in the inflicted by sequestration on the most vulner- man. Continuing Resolution ensuring that funding able residents of Texas and the constituents I join in commending one of our for appropriated entitlements continue at a that I serve. Members who is leaving, SAM FARR, for

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00123 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.034 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7524 CONGRESSIONAL RECORD — HOUSE December 8, 2016 his always looking out for America’s are part of a culture of coal mining in Finally, I would be remiss if I didn’t children, whether it was their health or our country, which is fading, and they take a moment to recognize my depart- education, especially in terms of their need help, and we should be here to ing colleagues on the committee. For access to food security. I thank Mr. help them? 23 years, SAM FARR has worked tire- FARR for his leadership. So, as we reject any proposals for re- lessly to support agriculture, ensure Mr. Speaker, it is with great regret newables that might provide many, the safety of our food and medicine, that I come to the floor to express my many jobs for these same people, we and protect the vitality and cleanliness personal disappointment with this leg- are also rejecting their right to their of our oceans. He has also been a tire- islation, and I will be voting ‘‘no.’’ My health benefits and their pensions. less defender of our military veterans, colleagues have asked me what I think The list goes on, but it is really so the Peace Corps, and the institution of about it. I am not urging them to do sad that the Flint issue should have Congress itself. anything, but I am telling you why I been all in one bill. It was bifurcated We are also losing the ranking mem- think this is a missed opportunity. for reasons I can’t explain, and that is ber of the Commerce, Justice, Science While we all recognize that it was a why, if I can’t explain it, I am not vot- Subcommittee, MIKE HONDA. MIKE’s moral challenge for us to do something ing for it. That is why I call upon my life experiences, including his early for the children of Flint, the manner in colleagues. years with his family in a Japanese which it was done, in a bifurcated way, Recognizing the many good things in American internment camp, helped was used to get votes for another bill, the bill but not meeting the needs of shape his efforts addressing income in- which I think was wrong. But not to the American people, foster kids had equality, LGBTQ equity, and tech- dwell on process—not to dwell on proc- bipartisan support in the House and nology issues that are vital to his Sil- ess—let’s just look at the facts. The Senate, but it was rejected—rejected. icon Valley district. Now, there is funding for the opioids facts are these: New York and all of America’s mid- in this legislation, and I am pleased This will probably be billed at over dle class are losing one of their strong- about that. I have been told that I $1.5 trillion, over $1.5 trillion. There est advocates with STEVE ISRAEL, who should be happy about that because could have been $170 million appro- has been a champion of our Armed that was one of our requests. I think it priated for the children of Flint in this Forces, clean air and water, and the was a bipartisan request of everyone, bill. Some would say that is not au- U.S.-Israel relationship. House and Senate, to have funding for thorized. Probably $250 billion to $300 On the Republican side, we will miss opioids. That is what I thought. That is billion in this bill is not authorized, so SCOTT RIGELL, DAVID JOLLY, and espe- what I thought, and I am glad it is in why should the children of Flint have cially my good friend, chairman of the the bill. to step over a higher barrier? And that So, in any event, for the opportunity Subcommittee on Financial Services is just exemplary of the partisan na- lost, for the ignoring of some very le- and General Government, ANDER CREN- ture of the bill. gitimate proposals to help the Amer- SHAW. We have always worked in a bipar- ican people, for the rejection of Repub- Mr. Speaker, I yield back the balance tisan way, House and Senate appropria- lican suggestions in terms of the min- of my time. tions, and then especially as we come ers, for these and other reasons, I will Mr. ROGERS of Kentucky. Mr. to the end of the year. But this year it be voting against this, regretfully. We Speaker, may I inquire how much time was Republican-Republican, House and have tried to work in a bipartisan way is remaining. Senate. in the past, but this year, instead of The SPEAKER pro tempore. The gen- Again, forget process. But what does 1 four-poster, it is two; and that has had tleman from Kentucky has 8 ⁄2 minutes that mean in terms of priorities? It an impact on the content of what this remaining. means that Families First, an initia- is, and that content has an impact on Mr. ROGERS of Kentucky. I yield tive to help foster kids in our country, the lives of the American people. myself the balance of my time. something that had bipartisan support With that, Mr. Speaker, I will just Mr. Speaker, as I noted earlier, this in the House and Senate, was rejected say that that is why I am not voting may be the last time I speak before the from consideration. It means, again, for the bill. Members will have to make body as chairman of the House Com- that the miners and the families of their own decisions. But we cannot go mittee on Appropriations. Let me first coal miners who needed—suppose that down the path of missed opportunities say how much I appreciate the friend- business that you work for, Mr. Speak- and just roll over and not speak out ship and the camaraderie with the gen- er, went bankrupt or declared them- and say this isn’t the best that we can tlewoman from New York (Mrs. selves insolvent and, therefore, your do for the American people. We owe LOWEY). She has been a pleasure to pension and your health care benefits them much better than this bill. work with. She is perceptive; she is disappeared. How would you feel? Well, Mr. ROGERS of Kentucky. Mr. persistent; she is a personal friend; and that is just what happened to the min- Speaker, I reserve the balance of my we enjoy a great friendship. ers, and what was needed was long- time. Without a doubt, the last 6 years term security for them that Mr. have had their ups and downs, but I MCKINLEY, a Republican, put forth in b 1330 have always been proud to serve the his legislation that we hoped could be Mrs. LOWEY. I yield myself such people of Kentucky, the people of this taken up and be part of this. But it was time as I may consume. Nation, the Committee on Appropria- rejected by our Republican colleagues. Mr. Speaker, as we conclude debate tions, and this great institution that It is interesting, because one of the on the CR, I want to take a moment to we admire. other things that is not in this bill that acknowledge the service of Chairman Let me highlight, Mr. Speaker, just a we hoped would be is a correction to ROGERS. This may be the last bill Mr. few of these ups and downs that I men- last year’s bill for extenders for renew- ROGERS will manage as full committee tioned with one of my favorite exer- able energy. I was told by Republicans chairman. I have appreciated his part- cises, a by-the-numbers reflection on that we don’t want to do that for re- nership and his friendship. I support our many shared experiences. Here is newable energy because we are fossil his ultimate goal as chairman, to pass my by-the-numbers recollection of my fuel guys. Well, if you are fossil fuel individual spending bills, allowing last 6 years at the helm of the Com- guys, take care of the miners and their Members to exercise their constitu- mittee on Appropriations: families. tional duty of providing funding for 650, the number of hearings held by The anticipation would be that there government programs. It may be an appropriations subcommittees. could be a 5-year proposal for pension understatement to say he has faced po- 140, the number of appropriations and healthcare benefits. Right now, litical headwinds each year that made bills considered on the House floor. there is a 4-month provision for health regular order out of reach, but I know 19, the number of appropriations bills care—4 months, not 5 years—not pen- he will remain as a senior member of considered on the floor in just 1 month, sions and benefits, just health care. the committee, and he will continue to October of 2013. Why? Why is that so unimportant work to pass full-year bills. I thank 12, the number of appropriations bills when we are talking about people who him for your partnership. we should pass every year.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00124 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.052 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7525 2,122, the number of floor amend- me as chairman of the committee over Hudson McKinley Sanford ments considered to appropriations the years, both on the committee and Huizenga (MI) McMorris Sarbanes Hultgren Rodgers Scalise bills. off, the friendships that we have devel- Hunter McNerney Schiff 555 and counting, the number of floor oped, the camaraderie that develops Hurd (TX) McSally Schweikert hours spent debating appropriations and exists on our committee and Hurt (VA) Meadows Scott, Austin bills. throughout the body. It has been a Israel Meehan Scott, David Issa Messer Sensenbrenner 70, the number of appropriations bills great honor to serve in this role. I look Jenkins (KS) Mica Serrano enacted into law. Hopefully this will forward to continuing to work in the Jenkins (WV) Miller (FL) Sessions make it 71. committee to do the Nation’s work. Johnson (GA) Miller (MI) Sewell (AL) Johnson (OH) Moolenaar Two trillion, the number of dollars Thank you all for your collaboration, Sherman Johnson, E. B. Mooney (WV) Shimkus saved in discretionary outlays as a di- consideration, and your companionship Jolly Moulton Shuster rect result of our appropriations work. over the last 6 years. Jordan Mullin Simpson Too many to count, the number of ci- Joyce Murphy (FL) Sinema Mr. Speaker, I yield back the balance Katko Murphy (PA) gars smoked in my office. And they Sires of my time. Keating Nadler Slaughter were not only me. The SPEAKER pro tempore. All time Kelly (MS) Newhouse Smith (MO) Number 1, the number of basketball for debate has expired. Kelly (PA) Noem Smith (NE) championships won by the University Kennedy Nolan Smith (NJ) Pursuant to House Resolution 949, Kildee Norcross of Kentucky. Smith (TX) the previous question is ordered. Kilmer Nugent Smith (WA) King (NY) Nunes 70, the number of mighty fine Mem- The question is on the motion offered Speier Kinzinger (IL) O’Rourke bers who have served on the committee Stefanik by the gentleman from Kentucky (Mr. Kline Olson Stewart over the last 6 years. ROGERS). Knight Palazzo Stivers Incalculable, the number of hours our Kuster Pascrell The question was taken; and the Stutzman LaHood Paulsen staff—the best on the Hill—have put Speaker pro tempore announced that Swalwell (CA) LaMalfa Payne into their tireless work on behalf of all Thompson (CA) the ayes appeared to have it. Lamborn Perlmutter Thompson (PA) of us. This includes late nights, week- Lance Perry Mr. ROGERS of Kentucky. Mr. Thornberry ends, holidays, you name it. When we Langevin Peters Speaker, on that I demand the yeas Tiberi need them, they are there, and they Larsen (WA) Peterson and nays. Larson (CT) Pittenger Tipton have done a wonderful job. The yeas and nays were ordered. Latta Pitts Torres In particular, Mr. Speaker, let me The SPEAKER pro tempore. Pursu- Lawrence Poliquin Trott take a moment to thank Will Smith, Levin Pompeo Tsongas ant to clause 8 of rule XX and the order Turner sitting beside me here. Will worked up Lieu, Ted Posey of the House of today, this 15-minute Lipinski Price (NC) Upton the ranks in my personal office, serv- vote on adoption of the motion will be LoBiondo Quigley Valadao Van Hollen ing as my chief of staff before moving followed by 5-minute votes on adoption Loebsack Rangel to the committee in 2011, first as dep- Long Reed Veasey of the motion to recommit on S. 612; Loudermilk Reichert Vela uty staff director and now as staff di- passage of S. 612, if ordered; and agree- Love Rice (NY) Wagner rector. He has been with me for so long ing to the Speaker’s approval of the Lowenthal Rice (SC) Walberg Walden and through so much, it is hard to cal- Journal, if ordered. Lowey Richmond culate. In any year, he is a first-round Lucas Rigell Walorski The vote was taken by electronic de- Luetkemeyer Roby Walters, Mimi draft pick, and I am fortunate to have vice, and there were—yeas 326, nays 96, Lujan Grisham Roe (TN) Walz had him by my side these past 6 years. not voting 11, as follows: (NM) Rogers (AL) Wasserman He has done a wonderful, wonderful Luja´ n, Ben Ray Rogers (KY) Schultz [Roll No. 620] Waters, Maxine job. (NM) Rohrabacher YEAS—326 Lummis Rokita Welch Thanks also to Mrs. LOWEY and our Lynch Rooney (FL) Wenstrup Senate counterparts, Chairman COCH- Abraham Clay Engel MacArthur Ros-Lehtinen Westerman Adams Cleaver Esty RAN and Ranking Member MIKULSKI, Maloney, Roskam Wilson (SC) Aderholt Coffman Evans Carolyn Rothfus Womack for all their partnership throughout Aguilar Cohen Farenthold Maloney, Sean Rouzer Woodall the process, and the great work that Allen Cole Fitzpatrick Marchant Roybal-Allard Yoder Amodei Collins (GA) Fleischmann Marino Royce Yoho they have done. Ashford Collins (NY) Fleming Today is a bittersweet day, but I am Matsui Ruiz Young (AK) Babin Comer Flores McCarthy Ruppersberger Young (IA) deeply honored to have served this in- Barletta Comstock Fortenberry McCaul Salmon Young (IN) stitution at the head of the committee Barr Conaway Foster McClintock Sa´ nchez, Linda Zeldin Barton Connolly Foxx McHenry T. Zinke I love. I hope this institution and the Beatty Conyers Frankel (FL) people we serve are better off now be- Benishek Cook Frelinghuysen NAYS—96 cause of our work over the last 6 years. Bera Cooper Gabbard I know that under the steadfast leader- Bilirakis Costa Garamendi Amash Franks (AZ) Meng Bishop (GA) Costello (PA) Garrett Bass Fudge Moore ship of our new chairman, my dear Bishop (MI) Courtney Gibbs Becerra Gallego Mulvaney friend, RODNEY FRELINGHUYSEN, the Bishop (UT) Cramer Goodlatte Beyer Gibson Napolitano progress we have made will only con- Black Crawford Gosar Blum Gohmert Neal tinue to grow. Blackburn Crenshaw Graham Blumenauer Gowdy Neugebauer Bonamici Cuellar Granger Boyle, Brendan Green, Al Pallone In addition to Will, let me thank the Bost Culberson Graves (GA) F. Grijalva Palmer ´ front office staff of the committee: Will Boustany Cummings Graves (LA) Bridenstine Gutierrez Pearce Smith, Jim Kulikowski, Dale Oak, Ste- Brady (PA) Curbelo (FL) Graves (MO) Brooks (AL) Harris Pelosi Brady (TX) Buck Hastings Davidson Grayson Pingree phen Sepp, Jennifer Hing, Matt Brat Davis (CA) Griffith Capps Honda Pocan Leffingwell, Marta Hernandez, Tammy Brooks (IN) Davis, Danny Grothman Capuano Huelskamp Polis Brown (FL) Davis, Rodney Guinta Carson (IN) Huffman Hughes, Kaitlyn Eisner-Poor, Victoria Ratcliffe Brownley (CA) DeGette Guthrie Cartwright Jackson Lee Renacci Luck, Kelicia Rice, and Brad Allen. Buchanan Delaney Hanabusa Castor (FL) Jeffries Thank you also to the clerks of the Bucshon DeLauro Hanna Castro (TX) Johnson, Sam Ribble subcommittees, the people who really Burgess DelBene Hardy Clark (MA) Jones Ross Russell do the hard work: Tom O’Brien, John Bustos Denham Harper Clarke (NY) Kaptur Butterfield Dent Hartzler Crowley Kelly (IL) Ryan (OH) Martens, Rob Blair, Donna Shahbaz, Byrne DeSantis Heck (NV) DeFazio Kind Schakowsky Winnie Chang, Valerie Baldwin, Dave Calvert Deutch Heck (WA) DeSaulnier King (IA) Schrader LesStrang, Susan Ross, Liz Dawson, Ca´ rdenas Diaz-Balart Hensarling DesJarlais Labrador Scott (VA) Carney Dingell Herrera Beutler Doggett Lee Takano Maureen Holohan, Craig Higgins, Dena Carter (GA) Dold Hice, Jody B. Doyle, Michael Lewis Thompson (MS) Baron, and all of the staff who work Carter (TX) Donovan Higgins F. Lofgren Titus with them in the subcommittees and in Chabot Duffy Hill Duckworth Massie Tonko the full committee. Chaffetz Edwards Himes Duncan (SC) McCollum Vargas Chu, Judy Ellison Hinojosa Duncan (TN) McDermott Vela´ zquez Mr. Speaker, in closing, let me thank Cicilline Ellmers (NC) Holding Eshoo McGovern Visclosky you for the help that you have given Clawson (FL) Emmer (MN) Hoyer Farr Meeks Walker

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00125 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.054 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7526 CONGRESSIONAL RECORD — HOUSE December 8, 2016 Watson Coleman Webster (FL) Wittman Kuster Napolitano Scott, David Sensenbrenner Tiberi Wenstrup Weber (TX) Williams Yarmuth Langevin Neal Serrano Sessions Tipton Westerman Larsen (WA) Nolan Sewell (AL) Shimkus Trott Williams NOT VOTING—11 Larson (CT) Norcross Sherman Shuster Turner Wilson (SC) Clyburn Kirkpatrick Sanchez, Loretta Lawrence O’Rourke Sinema Simpson Upton Wittman Fincher Poe (TX) Westmoreland Lee Pallone Sires Smith (MO) Valadao Womack Forbes Price, Tom Wilson (FL) Levin Pascrell Slaughter Smith (NE) Wagner Woodall Green, Gene Rush Lewis Payne Smith (WA) Smith (TX) Walberg Yoder Lieu, Ted Pelosi Speier Stefanik Walden Yoho b 1403 Lipinski Perlmutter Swalwell (CA) Stewart Walker Young (AK) Loebsack Peters Takano Stivers Walorski Young (IA) Stutzman Walters, Mimi Young (IN) Ms. ESHOO, Mr. TAKANO, Ms. Lofgren Peterson Thompson (CA) Lowenthal Pingree Thompson (PA) Weber (TX) Zeldin MOORE, Messrs. GUTIEREZ, Thompson (MS) Lowey Pocan Thornberry Webster (FL) Zinke Titus JEFFRIES, GOWDY, DESAULNIER, Lujan Grisham Polis Tonko WEBER of Texas, and WALKER (NM) Price (NC) NOT VOTING—13 Torres Luja´ n, Ben Ray Quigley Clyburn Kirkpatrick Sanchez, Loretta changed their vote from ‘‘yea’’ to Tsongas (NM) Rangel Fincher McDermott ‘‘nay.’’ Van Hollen Smith (NJ) Lynch Rice (NY) Forbes Poe (TX) Vargas Westmoreland Mr. ELLISON, Mses. SEWELL of Ala- Maloney, Richmond Green, Gene Price, Tom Veasey bama, ROYBAL-ALLARD, and Carolyn Roybal-Allard Hardy Renacci Vela DEGETTE changed their vote from Maloney, Sean Ruiz Matsui Ruppersberger Vela´ zquez ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ‘‘nay’’ to ‘‘yea.’’ Visclosky McCollum Rush The SPEAKER pro tempore (during So the motion to concur was agreed McGovern Ryan (OH) Walz to. McNerney Sa´ nchez, Linda Wasserman the vote). There are 2 minutes remain- The result of the vote was announced Meeks T. Schultz ing. Meng Sarbanes Waters, Maxine as above recorded. Moore Schakowsky Watson Coleman A motion to reconsider was laid on Moulton Schiff Welch b 1410 the table. Murphy (FL) Schrader Wilson (FL) Nadler Scott (VA) Yarmuth Mr. MARCHANT changed his vote f from ‘‘yea’’ to ‘‘nay.’’ NAYS—236 So the motion to recommit was re- GEORGE P. KAZEN FEDERAL Abraham Flores Lummis jected. BUILDING AND UNITED STATES Aderholt Fortenberry MacArthur The result of the vote was announced Allen Foxx Marchant COURTHOUSE Amash Franks (AZ) Marino as above recorded. The SPEAKER pro tempore. The un- Amodei Frelinghuysen Massie Stated against: Babin Garrett McCarthy finished business is the vote on the mo- Barletta Gibbs McCaul Mr. RENACCI. Mr. Speaker, had I been tion to recommit on the bill (S. 612) to Barr Gibson McClintock present, I would have voted ‘‘nay’’ on rollcall designate the Federal building and Barton Gohmert McHenry No. 621. Benishek Goodlatte McKinley United States courthouse located at (By unanimous consent, Mr. MCCAR- Bilirakis Gosar McMorris 1300 Victoria Street in Laredo, Texas, Bishop (MI) Gowdy Rodgers THY was allowed to speak out of order.) as the ‘‘George P. Kazen Federal Build- Bishop (UT) Granger McSally LEGISLATIVE PROGRAM ing and United States Courthouse’’, of- Black Graves (GA) Meadows Mr. MCCARTHY. Mr. Speaker, I rise fered by the gentleman from Pennsyl- Blackburn Graves (LA) Meehan Blum Graves (MO) Messer today to inform my colleagues that, vania (Mr. MICHAEL F. DOYLE), on Bost Griffith Mica upon completion of our work today, Boustany Grothman Miller (FL) which the yeas and nays were ordered. the House will no longer be in session The Clerk will redesignate the mo- Brady (TX) Guinta Miller (MI) Brat Guthrie Moolenaar next week, and these will be the last tion. Bridenstine Hanna Mooney (WV) votes expected in the 114th Congress. The Clerk redesignated the motion Brooks (IN) Harper Mullin Additionally, I would like to recog- The SPEAKER pro tempore. The Buchanan Harris Mulvaney nize those Members who will not be re- question is on the motion to recommit. Buck Hartzler Murphy (PA) Bucshon Heck (NV) Neugebauer turning next Congress. To those Mem- This is a 5-minute vote. Burgess Hensarling Newhouse bers, we wish to say thank you for your The vote was taken by electronic de- Byrne Herrera Beutler Noem hard work and for your service to this vice, and there were—yeas 184, nays Calvert Hice, Jody B. Nugent Carter (GA) Hill Nunes great body. 236, not voting 13, as follows: Carter (TX) Holding Olson Lastly, I would like to wish everyone [Roll No. 621] Chabot Hudson Palazzo Chaffetz Huelskamp Palmer a very Merry Christmas and Happy YEAS—184 Clawson (FL) Huizenga (MI) Paulsen New Year. Adams Cleaver Frankel (FL) Coffman Hultgren Pearce To those Members who are returning Aguilar Cohen Fudge Cole Hunter Perry Ashford Connolly Gabbard Collins (GA) Hurd (TX) Pittenger next Congress, I would say this: You Bass Conyers Gallego Collins (NY) Hurt (VA) Pitts can expect a very busy legislative Beatty Cooper Garamendi Comer Issa Poliquin schedule. You need to get your rest be- Becerra Courtney Graham Comstock Jenkins (KS) Pompeo cause in the House we will be working Bera Crowley Grayson Conaway Jenkins (WV) Posey Beyer Cuellar Green, Al Cook Johnson (OH) Ratcliffe to make America great again. Bishop (GA) Cummings Grijalva Costa Johnson, Sam Reed The SPEAKER pro tempore. Without Blumenauer Davis (CA) Gutie´rrez Costello (PA) Jolly Reichert objection, 5-minute voting will con- Bonamici Davis, Danny Hanabusa Cramer Jordan Ribble Boyle, Brendan DeFazio Hastings Crawford Joyce Rice (SC) tinue. F. DeGette Heck (WA) Crenshaw Katko Rigell There was no objection. Brady (PA) Delaney Higgins Culberson Kelly (MS) Roby The SPEAKER pro tempore. The Brooks (AL) DeLauro Himes Curbelo (FL) Kelly (PA) Roe (TN) Brown (FL) DelBene Hinojosa Davidson King (IA) Rogers (AL) question is on the passage of the bill. Brownley (CA) DeSaulnier Honda Davis, Rodney King (NY) Rogers (KY) The question was taken; and the Bustos Deutch Hoyer Denham Kinzinger (IL) Rohrabacher Speaker pro tempore announced that Butterfield Dingell Huffman Dent Kline Rokita Capps Doggett Israel DeSantis Knight Rooney (FL) the ayes appeared to have it. Capuano Doyle, Michael Jackson Lee DesJarlais Labrador Ros-Lehtinen RECORDED VOTE Ca´ rdenas F. Jeffries Diaz-Balart LaHood Roskam Carney Duckworth Johnson (GA) Dold LaMalfa Ross Mr. MCCARTHY. Mr. Speaker, I de- Carson (IN) Duncan (TN) Johnson, E. B. Donovan Lamborn Rothfus mand a recorded vote. Cartwright Edwards Jones Duffy Lance Rouzer A recorded vote was ordered. Castor (FL) Ellison Kaptur Duncan (SC) Latta Royce Castro (TX) Engel Keating Ellmers (NC) LoBiondo Russell The SPEAKER pro tempore. This is a Chu, Judy Eshoo Kelly (IL) Emmer (MN) Long Salmon 5-minute vote. Cicilline Esty Kennedy Farenthold Loudermilk Sanford The vote was taken by electronic de- Clark (MA) Evans Kildee Fitzpatrick Love Scalise Clarke (NY) Farr Kilmer Fleischmann Lucas Schweikert vice, and there were—ayes 360, noes 61, Clay Foster Kind Fleming Luetkemeyer Scott, Austin not voting 12, as follows:

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00126 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.031 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7527 [Roll No. 622] Rouzer Smith (NJ) Walorski DIRECTING THE SECRETARY OF Roybal-Allard Smith (TX) Walters, Mimi THE SENATE TO MAKE A COR- AYES—360 Royce Stefanik Walz Ruiz Stewart RECTION IN THE ENROLLMENT Abraham Duckworth Lamborn Wasserman Ruppersberger Stivers Adams Duffy Lance Schultz OF THE BILL S. 612 Russell Stutzman Aguilar Duncan (SC) Langevin Waters, Maxine Ryan (OH) Takano Mr. SHUSTER. Mr. Speaker, I send Amodei Duncan (TN) Larsen (WA) Watson Coleman Sa´ nchez, Linda Thompson (MS) Ashford Edwards Larson (CT) Weber (TX) to the desk a concurrent resolution and T. Thompson (PA) Webster (FL) ask unanimous consent for its imme- Babin Ellison Latta Sanford Thornberry Barletta Ellmers (NC) Lawrence Welch diate consideration in the House. Scalise Tiberi Wenstrup Barr Emmer (MN) Levin Schakowsky Tipton Westerman The Clerk read the title of the con- Barton Engel Lewis Schiff Tonko Williams current resolution. Bass Esty Lipinski Schweikert Torres Wilson (FL) Beatty Farenthold LoBiondo Scott, Austin Trott The SPEAKER pro tempore (Mr. Wilson (SC) Becerra Fitzpatrick Loebsack Scott, David Tsongas CLAWSON of Florida). Is there objection Benishek Fleischmann Long Serrano Turner Wittman to the request of the gentleman from Bera Fleming Loudermilk Womack Sessions Upton Pennsylvania? Beyer Flores Love Sherman Valadao Woodall Bilirakis Fortenberry Lowey Shimkus Van Hollen Yarmuth There was no objection. Bishop (GA) Foster Lucas Shuster Veasey Yoder The text of the concurrent resolution Bishop (MI) Foxx Luetkemeyer Simpson Vela Yoho is as follows: Bishop (UT) Frankel (FL) Lujan Grisham Sinema Vela´ zquez Young (AK) Black Frelinghuysen (NM) Sires Wagner Young (IA) H. CON. RES. 183 Blackburn Fudge Luja´ n, Ben Ray Slaughter Walberg Young (IN) Resolved by the House of Representatives (the Blum Gabbard (NM) Smith (MO) Walden Zeldin Senate concurring), That in the enrollment of Bost Garamendi Lummis Smith (NE) Walker Zinke Boustany Garrett Lynch the bill S. 612, the Secretary of the Senate Boyle, Brendan Gibbs MacArthur NOES—61 shall make the following correction: Amend F. Gibson Maloney, Aderholt Huelskamp Polis the long title so as to read: ‘‘An Act to pro- Brady (PA) Gohmert Carolyn Allen Huffman Quigley vide for improvements to the rivers and har- Brady (TX) Goodlatte Maloney, Sean Amash Jones Ribble bors of the United States, to provide for the Brat Gosar Marchant Blumenauer Jordan conservation and development of water and Bridenstine Roby Gowdy Matsui Bonamici Kilmer Brooks (IN) Rogers (AL) related resources, and for other purposes.’’. Graham McCarthy Brooks (AL) Lee Brown (FL) Rush Granger McCaul Capps Lieu, Ted The concurrent resolution was agreed Brownley (CA) Salmon Graves (GA) McClintock Capuano Lofgren to. Buchanan Sarbanes Graves (LA) McHenry Cartwright Lowenthal Buck Schrader A motion to reconsider was laid on Graves (MO) McKinley Cicilline Marino Bucshon Scott (VA) Grayson McMorris Clark (MA) Massie the table. Burgess Green, Al Rodgers DeFazio McCollum Sensenbrenner f Bustos Griffith McSally DeGette McDermott Sewell (AL) Butterfield Grothman Meadows DelBene McGovern Smith (WA) INSPECTOR GENERAL Byrne Guinta Meehan DeSaulnier McNerney Speier Calvert EMPOWERMENT ACT OF 2016 Guthrie Meeks Eshoo Moore Swalwell (CA) Ca´ rdenas ´ Gutierrez Meng Farr Neugebauer Thompson (CA) Mr. CHAFFETZ. Mr. Speaker, I ask Carney Hanabusa Messer Franks (AZ) Pallone Titus Carson (IN) unanimous consent that the Com- Hanna Mica Gallego Palmer Vargas Carter (GA) Hardy Miller (FL) mittee on Oversight and Government Grijalva Pelosi Visclosky Carter (TX) Harper Miller (MI) Honda Pocan Reform be discharged from further con- Castor (FL) Harris Moolenaar sideration of the bill (H.R. 6450) to Castro (TX) Hartzler Mooney (WV) NOT VOTING—12 Chabot Hastings Moulton amend the Inspector General Act of Clyburn Green, Gene Posey Chaffetz Heck (NV) Mullin 1978 to strengthen the independence of Evans Kirkpatrick Price, Tom Chu, Judy Heck (WA) Mulvaney Fincher Olson Sanchez, Loretta the Inspectors General, and for other Clarke (NY) Hensarling Murphy (FL) Forbes Poe (TX) Westmoreland Clawson (FL) Herrera Beutler Murphy (PA) purposes, and ask for its immediate Clay Hice, Jody B. Nadler consideration in the House. Cleaver Higgins Napolitano b 1419 The Clerk read the title of the bill. Coffman Hill Neal The SPEAKER pro tempore. Is there Cohen Himes Newhouse So the bill was passed. Cole Hinojosa Noem The result of the vote was announced objection to the request of the gen- Collins (GA) Holding Nolan as above recorded. tleman from Utah? Collins (NY) Hoyer Norcross A motion to reconsider was laid on There was no objection. Comer Hudson Nugent Comstock Huizenga (MI) Nunes the table. The text of the bill is as follows: Conaway Hultgren O’Rourke PERSONAL EXPLANATION H.R. 6450 Connolly Hunter Palazzo Be it enacted by the Senate and House of Rep- Conyers Hurd (TX) Pascrell Mr. GENE GREEN of Texas. Mr. Speaker, Cook Hurt (VA) Paulsen I was unavoidably detained. Had I been resentatives of the United States of America in Cooper Israel Payne present, I would have voted ‘‘yea’’ on rollcall Congress assembled, Costa Issa Pearce No. 620, ‘‘nay’’ on rollcall No. 621, and ‘‘yea’’ SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Costello (PA) Jackson Lee Perlmutter on rollcall No. 622. (a) SHORT TITLE.—This Act may be cited as Courtney Jeffries Perry the ‘‘Inspector General Empowerment Act of Cramer Jenkins (KS) Peters Crawford Jenkins (WV) Peterson f 2016’’. Crenshaw Johnson (GA) Pingree (b) TABLE OF CONTENTS.—The table of con- Crowley Johnson (OH) Pittenger THE JOURNAL tents for this Act is as follows: Cuellar Johnson, E. B. Pitts The SPEAKER pro tempore. The un- Sec. 1. Short title; table of contents. Culberson Johnson, Sam Poliquin Sec. 2. Additional authority provisions for Cummings Jolly Pompeo finished business is the question on Inspectors General. Curbelo (FL) Joyce Price (NC) agreeing to the Speaker’s approval of Davidson Kaptur Rangel Sec. 3. Additional responsibilities of the Davis (CA) Katko Ratcliffe the Journal, which the Chair will put Council of the Inspectors Gen- Davis, Danny Keating Reed de novo. eral on Integrity and Effi- Davis, Rodney Kelly (IL) Reichert The question is on the Speaker’s ap- ciency. Delaney Kelly (MS) Renacci proval of the Journal. Sec. 4. Reports and additional information. DeLauro Kelly (PA) Rice (NY) Sec. 5. Full and prompt access to all docu- Denham Kennedy Rice (SC) Pursuant to clause 1, rule I, the Jour- ments. Dent Kildee Richmond nal stands approved. DeSantis Kind Rigell Sec. 6. Access to information for certain In- DesJarlais King (IA) Roe (TN) f spectors General. Deutch King (NY) Rogers (KY) Sec. 7. Technical and conforming amend- Diaz-Balart Kinzinger (IL) Rohrabacher MESSAGE FROM THE PRESIDENT ments. Dingell Kline Rokita Sec. 8. No additional funds authorized. Doggett Knight Rooney (FL) A message in writing from the Presi- SEC. 2. ADDITIONAL AUTHORITY PROVISIONS Dold Kuster Ros-Lehtinen dent of the United States was commu- Donovan Labrador Roskam FOR INSPECTORS GENERAL. Doyle, Michael LaHood Ross nicated to the House by Mr. Brian Section 6 of the Inspector General Act of F. LaMalfa Rothfus Pate, one of his secretaries. 1978 (5 U.S.C. App.), as amended by section 5

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00127 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.039 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7528 CONGRESSIONAL RECORD — HOUSE December 8, 2016

of this Act, is amended by adding at the end ‘‘(B) CHAIRPERSON.— (iii) by inserting after subparagraph (B) the following: ‘‘(i) IN GENERAL.—The Integrity Committee the following: ‘‘(j)(1) In this subsection, the terms ‘agen- shall elect one of the Inspectors General re- ‘‘(C) COMPLETION OF INVESTIGATION.—If an cy’, ‘matching program’, ‘record’, and ‘sys- ferred to in subparagraph (A)(ii) to act as allegation of wrongdoing is referred to the tem of records’ have the meanings given Chairperson of the Integrity Committee. Chairperson of the Integrity Committee those terms in section 552a(a) of title 5, ‘‘(ii) TERM.—The term of office of the under paragraph (5)(B), the Chairperson of United States Code. Chairperson of the Integrity Committee the Integrity Committee— ‘‘(2) For purposes of section 552a of title 5, shall be 2 years.’’; ‘‘(i) shall complete the investigation not United States Code, or any other provision of (B) by amending paragraph (5) to read as later than 150 days after the date on which law, a computerized comparison of two or follows: the Integrity Committee made the referral; more automated Federal systems of records, ‘‘(5) REVIEW OF ALLEGATIONS.— and or a computerized comparison of a Federal ‘‘(A) IN GENERAL.—Not later than 7 days ‘‘(ii) if the investigation cannot be com- system of records with other records or non- after the date on which the Integrity Com- pleted within the 150-day period described in Federal records, performed by an Inspector mittee receives an allegation of wrongdoing clause (i), shall— General or by an agency in coordination against an Inspector General or against a ‘‘(I) promptly notify the congressional with an Inspector General in conducting an staff member of an Office of Inspector Gen- audit, investigation, inspection, evaluation, committees described in paragraph eral described under paragraph (4)(C), the al- (8)(A)(iii); and or other review authorized under this Act legation of wrongdoing shall be reviewed and shall not be considered a matching program. ‘‘(II) brief the congressional committees referred to the Department of Justice or the ‘‘(3) Nothing in this subsection shall be described in paragraph (8)(A)(iii) every 30 Office of Special Counsel for investigation, construed to impede the exercise by an In- days regarding the status of the investiga- spector General of any matching program or to the Integrity Committee for review, as tion and the general reasons for delay until authority established under any other provi- appropriate, by— the investigation is complete. sion of law. ‘‘(i) a representative of the Department of ‘‘(D) CONCURRENT INVESTIGATION.—If an al- ‘‘(k) Subchapter I of chapter 35 of title 44, Justice, as designated by the Attorney Gen- legation of wrongdoing against an Inspector United States Code, shall not apply to the eral; General or a staff member of an Office of In- collection of information during the conduct ‘‘(ii) a representative of the Office of Spe- spector General described under paragraph of an audit, investigation, inspection, eval- cial Counsel, as designated by the Special (4)(C) is referred to the Department of Jus- uation, or other review conducted by the Counsel; and tice or the Office of Special Counsel under Council of the Inspectors General on Integ- ‘‘(iii) a representative of the Integrity paragraph (5)(A), the Chairperson of the In- rity and Efficiency or any Office of Inspector Committee, as designated by the Chairperson tegrity Committee may conduct any related General, including any Office of Special In- of the Integrity Committee. investigation referred to the Chairperson spector General.’’. ‘‘(B) REFERRAL TO THE CHAIRPERSON.— under paragraph (5)(B) concurrently with the N GENERAL SEC. 3. ADDITIONAL RESPONSIBILITIES OF THE ‘‘(i) I .—Except as provided in Department of Justice or the Office of Spe- COUNCIL OF THE INSPECTORS GEN- clause (ii), not later than 30 days after the cial Counsel, as applicable. ERAL ON INTEGRITY AND EFFI- date on which an allegation of wrongdoing is ‘‘(E) REPORTS.— CIENCY. referred to the Integrity Committee under ‘‘(i) INTEGRITY COMMITTEE INVESTIGA- Section 11 of the Inspector General Act of subparagraph (A), the Integrity Committee TIONS.—For each investigation of an allega- 1978 (5 U.S.C. App.) is amended— shall determine whether to refer the allega- tion of wrongdoing referred to the Chair- (1) in subsection (b)(3)(B), by amending tion of wrongdoing to the Chairperson of the person of the Integrity Committee under clause (viii) to read as follows: Integrity Committee to initiate an inves- paragraph (5)(B), the Chairperson of the In- ‘‘(viii) prepare and transmit an annual re- tigation. tegrity Committee shall submit to members port on behalf of the Council on the activi- ‘‘(ii) EXTENSION.—The 30-day period de- of the Integrity Committee and to the Chair- ties of the Council to— scribed in clause (i) may be extended for an person of the Council a report containing the ‘‘(I) the President; additional period of 30 days if the Integrity results of the investigation. ‘‘(II) the appropriate committees of juris- Committee provides written notice to the ‘‘(ii) OTHER INVESTIGATIONS.—For each alle- diction of the Senate and the House of Rep- congressional committees described in para- gation of wrongdoing referred to the Depart- resentatives; graph (8)(A)(iii) that includes a detailed, ment of Justice or the Office of Special ‘‘(III) the Committee on Homeland Secu- case-specific description of why the addi- Counsel under paragraph (5)(A), the Attorney rity and Governmental Affairs of the Senate; tional time is needed to evaluate the allega- General or the Special Counsel, as applica- and tion of wrongdoing.’’; ble, shall submit to the Integrity Committee ‘‘(IV) the Committee on Oversight and (C) in paragraph (6)— a report containing the results of the inves- Government Reform of the House of Rep- (i) in subparagraph (A), by striking ‘‘para- resentatives.’’; graph (5)(C)’’ and inserting ‘‘paragraph tigation. (2) in subsection (c)(1)— (5)(B)’’; and ‘‘(iii) AVAILABILITY TO CONGRESS.— (A) in subparagraph (G), by striking ‘‘and’’ (ii) in subparagraph (B)(i), by striking ‘‘(I) IN GENERAL.—The congressional com- at the end; ‘‘may provide resources’’ and inserting mittees described in paragraph (8)(A)(iii) (B) by redesignating subparagraph (H) as ‘‘shall provide assistance’’; shall have access to any report authored by subparagraph (I); and (D) in paragraph (7)— the Integrity Committee. (C) by inserting after subparagraph (G) the (i) in subparagraph (B)— ‘‘(II) MEMBERS OF CONGRESS.—Subject to following: (I) in clause (i)— any other provision of law that would other- ‘‘(H) except for matters coordinated among (aa) in subclause (III), by striking ‘‘and’’ at wise prohibit disclosure of such information, Inspectors General under section 3033 of title the end; the Integrity Committee may provide any 50, United States Code, receive, review, and (bb) in subclause (IV), by striking the pe- report authored by the Integrity Committee mediate any disputes submitted in writing to riod at the end and inserting a semicolon; to any Member of Congress.’’; the Council by an Office of Inspector General and (E) by striking paragraph (8)(A)(iii) and in- regarding an audit, investigation, inspection, (cc) by adding at the end the following: serting the following: evaluation, or project that involves the ju- ‘‘(V) except as provided in clause (ii), en- ‘‘(iii) submit the report, with the rec- risdiction of more than one Office of Inspec- suring, to the extent possible, that investiga- ommendations of the Integrity Committee, tor General; and’’; and tions are conducted by Offices of Inspector to the Committee on Homeland Security and (3) in subsection (d)— General of similar size; Governmental Affairs of the Senate, the (A) in paragraph (2)— ‘‘(VI) creating a process for rotation of In- Committee on Oversight and Government (i) by striking subparagraph (C); spectors General assigned to investigate al- Reform of the House of Representatives, and (ii) by redesignating subparagraphs (A), legations through the Integrity Committee; other congressional committees of jurisdic- (B), and (D) as clauses (i), (ii), and (iii), re- and tion; and spectively, and adjusting the margins ac- ‘‘(VII) creating procedures to avoid con- ‘‘(iv) following the submission of the report cordingly; flicts of interest for Integrity Committee in- under clause (iii) and upon request by any (iii) in the matter preceding clause (i), as vestigations.’’; Member of Congress, submit the report, with so redesignated, by striking ‘‘The Integrity’’ (II) by redesignating clause (ii) as clause the recommendations of the Integrity Com- and inserting the following: (iii); and mittee, to that Member.’’; ‘‘(A) IN GENERAL.—The Integrity’’; (III) by inserting after clause (i) the fol- (F) in paragraph (9)(B), by striking ‘‘other (iv) in clause (i), as so redesignated, by lowing: agencies’’ and inserting ‘‘the Department of striking ‘‘, who’’ and all that follows through ‘‘(ii) EXCEPTION.—The requirement under Justice or the Office of Special Counsel’’; ‘‘the Committee’’; clause (i)(V) shall not apply to any Office of (G) in paragraph (10), by striking ‘‘any of (v) in clause (iii), as so redesignated, by in- Inspector General with less than 50 employ- the following’’ and all that follows through serting ‘‘or the designee of the Director’’ be- ees who are authorized to conduct audits or the period at the end and inserting ‘‘any fore the period at the end; and investigations.’’; Member of Congress.’’; and (vi) by adding at the end the following: (ii) by striking subparagraph (C); and (H) by adding at the end the following:

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00128 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.033 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7529

‘‘(12) ALLEGATIONS OF WRONGDOING AGAINST and cooperation between, individual Offices ‘‘(22) detailed descriptions of the particular SPECIAL COUNSEL OR DEPUTY SPECIAL COUN- of Inspector General; circumstances of each— SEL.— (B) the best practices that can be employed ‘‘(A) inspection, evaluation, and audit con- ‘‘(A) SPECIAL COUNSEL DEFINED.—In this by the Offices of Inspector General to in- ducted by the Office that is closed and was paragraph, the term ‘Special Counsel’ means crease coordination and cooperation on each not disclosed to the public; and the Special Counsel appointed under section issue identified; and ‘‘(B) investigation conducted by the Office 1211(b) of title 5, United States Code. (C) any recommended statutory changes involving a senior Government employee ‘‘(B) AUTHORITY OF INTEGRITY COMMITTEE.— that would facilitate coordination and co- that is closed and was not disclosed to the ‘‘(i) IN GENERAL.—An allegation of wrong- operation among the Offices of Inspector public.’’; doing against the Special Counsel or the General on critical issues; and (2) in subsection (e), by adding at the end Deputy Special Counsel may be received, re- (2) not later than 1 year after the date of the following: enactment of this Act, submit a report on viewed, and referred for investigation to the ‘‘(4) Subject to any other provision of law the findings of the analysis described in same extent and in the same manner as in that would otherwise prohibit disclosure of paragraph (1) to— the case of an allegation against an Inspec- such information, the information described tor General or against a staff member of an (A) the Committee on Homeland Security and Governmental Affairs of the Senate; and in paragraph (1) may be provided to any Office of Inspector General described under Member of Congress upon request. paragraph (4)(C), subject to the requirement (B) the Committee on Oversight and Gov- that the representative designated by the ernment Reform of the House of Representa- ‘‘(5) An Office may not provide to Congress Special Counsel under paragraph (5)(A)(ii) tives. or the public any information that reveals shall recuse himself or herself from the con- (c) ADDITIONAL INFORMATION.—Section 5 of the personally identifiable information of a sideration of any allegation brought under the Inspector General Act of 1978 (5 U.S.C. whistleblower under this section unless the this paragraph. App) is amended— Office first obtains the consent of the whis- (1) in subsection (a)— ‘‘(ii) COORDINATION WITH EXISTING PROVI- tleblower.’’; and (A) in paragraph (10)— SIONS OF LAW.—This paragraph shall not (3) in subsection (f)— eliminate access to the Merit Systems Pro- (i) by striking ‘‘period for which’’ and in- (A) in paragraph (5), by striking ‘‘and’’ at tection Board for review under section 7701 serting ‘‘period— the end; of title 5, United States Code. To the extent ‘‘(A) for which’’; and (B) in paragraph (6), by striking the period (ii) by adding at the end the following: that an allegation brought under this para- at the end and inserting ‘‘; and’’; and ‘‘(B) for which no establishment comment graph involves section 2302(b)(8) of such title, (C) by adding at the end the following: was returned within 60 days of providing the a failure to obtain corrective action within ‘‘(7) the term ‘senior Government em- report to the establishment; and 120 days after the date on which the allega- ployee’ means— ‘‘(C) for which there are any outstanding tion is received by the Integrity Committee ‘‘(A) an officer or employee in the execu- unimplemented recommendations, including shall, for purposes of section 1221 of such tive branch (including a special Government the aggregate potential cost savings of those title, be considered to satisfy section employee as defined in section 202 of title 18, recommendations.’’; 1214(a)(3)(B) of such title. United States Code) who occupies a position (B) in paragraph (15), by striking ‘‘and’’ at ‘‘(C) REGULATIONS.—The Integrity Com- classified at or above GS–15 of the General the end; mittee may prescribe any rules or regula- Schedule or, in the case of positions not (C) in paragraph (16), by striking the period under the General Schedule, for which the tions necessary to carry out this paragraph, at the end and inserting a semicolon; and subject to such consultation or other re- rate of basic pay is equal to or greater than (D) by adding at the end the following: 120 percent of the minimum rate of basic pay quirements as may otherwise apply. ‘‘(17) statistical tables showing— ‘‘(13) COMMITTEE RECORDS.—The Chair- payable for GS–15 of the General Schedule; ‘‘(A) the total number of investigative re- and person of the Council shall maintain the ports issued during the reporting period; records of the Integrity Committee.’’. ‘‘(B) any commissioned officer in the ‘‘(B) the total number of persons referred Armed Forces in pay grades O–6 and above.’’. SEC. 4. REPORTS AND ADDITIONAL INFORMA- to the Department of Justice for criminal TION. prosecution during the reporting period; (d) DUTY TO SUBMIT AND MAKE AVAILABLE (a) REPORT ON VACANCIES IN THE OFFICES OF ‘‘(C) the total number of persons referred TO THE PUBLIC CERTAIN RECOMMENDATIONS.— INSPECTOR GENERAL.—The Comptroller Gen- to State and local prosecuting authorities Section 4 of the Inspector General Act of 1978 eral of the United States shall— for criminal prosecution during the report- (5 U.S.C. App.) is amended by adding at the (1) conduct a study of prolonged vacancies ing period; and end the following: in the Offices of Inspector General during ‘‘(D) the total number of indictments and ‘‘(e)(1) In carrying out the duties and re- which a temporary appointee has served as criminal information during the reporting sponsibilities established under this Act, the head of the office that includes— period that resulted from any prior referral whenever an Inspector General issues a rec- (A) the number and duration of Inspector to prosecuting authorities; ommendation for corrective action to the General vacancies; ‘‘(18) a description of the metrics used for agency, the Inspector General— (B) an examination of the extent to which developing the data for the statistical tables ‘‘(A) shall submit the document making a the number and duration of such vacancies under paragraph (17); recommendation for corrective action to— has changed over time; ‘‘(19) a report on each investigation con- ‘‘(i) the head of the establishment; (C) an evaluation of the impact such va- ducted by the Office involving a senior Gov- ‘‘(ii) the congressional committees of juris- cancies have had on the ability of the rel- ernment employee where allegations of mis- diction; and evant Office of Inspector General to effec- conduct were substantiated, including a de- ‘‘(iii) if the recommendation for corrective tively carry out statutory requirements; and tailed description of— action was initiated upon request by an indi- (D) recommendations to minimize the du- ‘‘(A) the facts and circumstances of the in- vidual or entity other than the Inspector ration of such vacancies; vestigation; and General, that individual or entity; (2) not later than 9 months after the date ‘‘(B) the status and disposition of the mat- ‘‘(B) may submit the document making a of enactment of this Act, present a briefing ter, including— recommendation for corrective action to any on the findings of the study conducted under ‘‘(i) if the matter was referred to the De- Member of Congress upon request; and paragraph (1) to— partment of Justice, the date of the referral; ‘‘(C) not later than 3 days after the rec- (A) the Committee on Homeland Security and ommendation for corrective action is sub- and Governmental Affairs of the Senate; and ‘‘(ii) if the Department of Justice declined mitted in final form to the head of the estab- (B) the Committee on Oversight and Gov- the referral, the date of the declination; lishment, post the document making a rec- ernment Reform of the House of Representa- ‘‘(20) a detailed description of any instance ommendation for corrective action on the tives; and of whistleblower retaliation, including infor- website of the Office of Inspector General. (3) not later than 15 months after the date mation about the official found to have en- of enactment of this Act, submit a report on gaged in retaliation and what, if any, con- ‘‘(2) Nothing in this subsection shall be the findings of the study conducted under sequences the establishment imposed to hold construed as authorizing an Inspector Gen- paragraph (1) to the committees described in that official accountable; eral to publicly disclose information other- paragraph (2). ‘‘(21) a detailed description of any attempt wise prohibited from disclosure by law.’’. (b) REPORT ON ISSUES INVOLVING MULTIPLE by the establishment to interfere with the (e) POSTING OF REPORTS ON WEBSITES OF OFFICES OF INSPECTOR GENERAL.—The Coun- independence of the Office, including— OFFICES OF INSPECTORS GENERAL.—Section cil of the Inspectors General on Integrity ‘‘(A) with budget constraints designed to 8M(b) of the Inspector General Act of 1978 (5 and Efficiency shall— limit the capabilities of the Office; and U.S.C. App.) is amended— (1) conduct an analysis of critical issues ‘‘(B) incidents where the establishment has (1) in paragraph (1)(A), by striking ‘‘is that involve the jurisdiction of more than resisted or objected to oversight activities of made publicly available’’ and inserting ‘‘is one individual Federal agency or entity to the Office or restricted or significantly de- submitted in final form to the head of the identify— layed access to information, including the Federal agency or the head of the designated (A) each such issue that could be better ad- justification of the establishment for such Federal entity, as applicable’’; and dressed through greater coordination among, action; and (2) by adding at the end the following:

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00129 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.033 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7530 CONGRESSIONAL RECORD — HOUSE December 8, 2016

‘‘(3) RULE OF CONSTRUCTION.—Nothing in for Federal grand jury materials by the In- (1) INSPECTOR GENERAL ACT OF 2008.—Section this subsection shall be construed as author- spector General was denied and the reason 7(b) of the Inspector General Reform Act of izing an Inspector General to publicly dis- for the denial to each of the following: 2008 (Public Law 110–409; 122 Stat. 4312; 5 close information otherwise prohibited from ‘‘(A) The Committee on Homeland Security U.S.C. 1211 note) is repealed. disclosure by law.’’. and Governmental Affairs, the Committee on (2) FINANCIAL SERVICES AND GENERAL GOV- SEC. 5. FULL AND PROMPT ACCESS TO ALL DOC- the Judiciary, and the Select Committee on ERNMENT APPROPRIATIONS ACT, 2009.—Section UMENTS. Intelligence of the Senate. 744 of the Financial Services and General Section 6 of the Inspector General Act of ‘‘(B) The Committee on Oversight and Gov- Government Appropriations Act, 2009 (divi- 1978 (5 U.S.C. App.) is amended— ernment Reform, the Committee on the Ju- sion D of Public Law 111–8; 123 Stat. 693) is (1) in subsection (a), by striking paragraph diciary, and the Permanent Select Com- repealed. (1) and inserting the following: mittee on Intelligence of the House of Rep- (b) AGENCY APPLICABILITY.— ‘‘(1)(A) to have timely access to all records, resentatives. (1) AMENDMENTS.—The Inspector General reports, audits, reviews, documents, papers, ‘‘(C) Other appropriate committees and Act of 1978 (5 U.S.C. App.), as amended by recommendations, or other materials avail- subcommittees of Congress. this Act, is further amended— able to the applicable establishment which ‘‘(i) Subsections (a)(1)(C) and (h) shall not (A) in section 8M— relate to the programs and operations with apply to requests from the Inspector General (i) in subsection (a)(1)— respect to which that Inspector General has of the Department of Justice.’’. (I) by striking ‘‘Each agency’’ and insert- responsibilities under this Act; SEC. 6. ACCESS TO INFORMATION FOR CERTAIN ing ‘‘Each Federal agency and designated ‘‘(B) to have access under subparagraph (A) INSPECTORS GENERAL. Federal entity’’; and notwithstanding any other provision of law, The Inspector General Act of 1978 (5 U.S.C. (II) by striking ‘‘that agency’’ each place except pursuant to any provision of law en- App.), as amended by this Act, is amended— that term appears and inserting ‘‘that Fed- acted by Congress that expressly— (1) in section 8(b)(2)— eral agency or designated Federal entity’’; ‘‘(i) refers to the Inspector General; and (A) by inserting ‘‘from accessing informa- (ii) in subsection (b)— ‘‘(ii) limits the right of access of the In- tion described in paragraph (1),’’ after ‘‘com- (I) in paragraph (1), by striking ‘‘agency’’ spector General; and pleting any audit or investigation,’’; and and inserting ‘‘Federal agency and des- ‘‘(C) except as provided in subsection (i), (B) by inserting ‘‘, access such informa- ignated Federal entity’’; and tion,’’ after ‘‘complete such audit or inves- with regard to Federal grand jury materials (II) in paragraph (2), by striking ‘‘agency’’ tigation’’; protected from disclosure pursuant to rule each place that term appears and inserting (2) in section 8D(a)(2)— 6(e) of the Federal Rules of Criminal Proce- ‘‘Federal agency and designated Federal en- (A) by inserting ‘‘from accessing informa- dure, to have timely access to such informa- tity’’; and tion described in paragraph (1),’’ after ‘‘com- tion if the Attorney General grants the re- (iii) by adding at the end the following: pleting any audit or investigation,’’; and quest in accordance with subsection (h);’’; ‘‘(c) DEFINITIONS.—In this section, the (B) by inserting ‘‘, access such informa- (2) by redesignating subsections (b) terms ‘designated Federal entity’ and ‘head tion,’’ after ‘‘complete such audit or inves- through (f) as subsections (c) through (g), re- of the designated Federal entity’ have the tigation’’; spectively; meanings given those terms in section (3) in section 8E(a)(2)— (3) by inserting after subsection (a) the fol- 8G(a).’’; and (A) by inserting ‘‘from accessing informa- (B) in section 11(c)(3)(A)(ii), by striking lowing: tion described in paragraph (1),’’ after ‘‘com- ‘‘(b) Nothing in this section shall be con- ‘‘department, agency, or entity of the execu- pleting any audit or investigation,’’; and strued as authorizing an Inspector General tive branch’’ and inserting ‘‘Federal agency (B) by inserting ‘‘, access such informa- to publicly disclose information otherwise or designated Federal entity (as defined in tion,’’ after ‘‘complete such audit or inves- prohibited from disclosure by law.’’; and section 8G(a))’’. tigation’’; (4) by inserting after subsection (g), as re- (2) EFFECTIVE DATE.—The amendments (4) in section 8G(d)(2)(A), by inserting ‘‘, or designated, the following: made by paragraph (1) shall take effect on ‘‘(h)(1) If the Inspector General of an estab- from accessing information available to an the date that is 180 days after the date of en- lishment submits a request to the head of element of the intelligence community spec- actment of this Act. the establishment for Federal grand jury ma- ified in subparagraph (D),’’ after ‘‘investiga- (c) REQUIREMENTS FOR INSPECTORS GEN- terials pursuant to subsection (a)(1), the tion’’; ERAL WEBSITES.—Section 8M(b)(1) of the In- (5) in section 8I(a)(2)— head of the establishment shall immediately spector General Act of 1978 (5 U.S.C. App.), as (A) by inserting ‘‘from accessing informa- notify the Attorney General of such request. amended by this Act, is further amended— ‘‘(2) Not later than 15 days after the date tion described in paragraph (1),’’ after ‘‘com- (1) in subparagraph (A), by striking ‘‘report on which a request is submitted to the Attor- pleting any audit or investigation,’’; and or audit (or portion of any report or audit)’’ ney General under paragraph (1), the Attor- (B) by inserting ‘‘, access such informa- and inserting ‘‘audit report, inspection re- ney General shall determine whether to tion,’’ after ‘‘complete such audit or inves- port, or evaluation report (or portion of any grant or deny the request for Federal grand tigation’’; such report)’’; and jury materials and shall immediately notify (6) in section 8J, by striking ‘‘or 8H’’ and (2) by striking ‘‘report or audit (or portion the head of the establishment of such deter- inserting ‘‘8H, or 8N’’; and of that report or audit)’’ each place that mination. The Attorney General shall grant (7) by inserting after section 8M the fol- term appears and inserting ‘‘report (or por- the request unless the Attorney General de- lowing: tion of that report)’’. termines that granting access to the Federal ‘‘SEC. 8N. ADDITIONAL PROVISIONS WITH RE- (d) CORRECTIONS.— grand jury materials would be likely to— SPECT TO THE DEPARTMENT OF EN- (1) EXECUTIVE ORDER NUMBER.—Section ERGY. ‘‘(A) interfere with an ongoing criminal in- 7(c)(2) of the Inspector General Reform Act ‘‘(a) The Secretary of Energy may prohibit vestigation or prosecution; of 2008 (Public Law 110–409; 122 Stat. 4313; 31 the Inspector General of the Department of U.S.C. 501 note) is amended by striking ‘‘(B) interfere with an undercover oper- Energy from accessing Restricted Data and ation; ‘‘12933’’ and inserting ‘‘12993’’. nuclear safeguards information protected (2) PUNCTUATION AND CROSS-REFERENCES.— ‘‘(C) result in disclosure of the identity of from disclosure under chapter 12 of the a confidential source, including a protected The Inspector General Act of 1978 (5 U.S.C. Atomic Energy Act of 1954 (42 U.S.C. 2161 et App.), as amended by this Act, is further witness; seq.) and intelligence or counterintelligence, ‘‘(D) pose a serious threat to national secu- amended— as defined in section 3 of the National Secu- (A) in section 4(b)(2)— rity; or rity Act of 1947 (50 U.S.C. 3003), if the Sec- (i) by striking ‘‘8F(a)(2)’’ each place that ‘‘(E) result in significant impairment of retary of Energy determines that the prohi- term appears and inserting ‘‘8G(a)(2)’’; and the trade or economic interests of the United bition is necessary to protect the national (ii) by striking ‘‘8F(a)(1)’’ and inserting States. security or prevent the significant impair- ‘‘8G(a)(1)’’; ‘‘(3)(A) The head of the establishment shall ment to the national security interests of inform the Inspector General of the estab- the United States. (B) in section 5(a)(5), by striking ‘‘section lishment of the determination made by the ‘‘(b) Not later than 7 days after the date on 6(b)(2)’’ and inserting ‘‘section 6(c)(2)’’; Attorney General with respect to the request which the Secretary of Energy exercises any (C) in section 5(a)(13), by striking ‘‘05(b)’’ for Federal grand jury materials. power authorized under subsection (a), the and inserting ‘‘804(b)’’; ‘‘(B) The Inspector General of the estab- Secretary shall notify the Inspector General (D) in section 6(a)(4), by striking ‘‘informa- lishment described under subparagraph (A) of the Department of Energy in writing the tion, as well as any tangible thing)’’ and in- may submit comments on the determination reasons for such exercise. Within 30 days serting ‘‘information), as well as any tan- submitted pursuant to such subparagraph to after receipt of any such notice, the Inspec- gible thing’’; the committees listed under paragraph (4) tor General of the Department of Energy (E) in section 8A(d), by striking ‘‘section that the Inspector General considers appro- shall submit to the appropriate committees 6(c)’’ and inserting ‘‘section 6(d)’’; priate. of Congress a statement concerning such ex- (F) in section 8G(g)(3), by striking ‘‘8C’’ ‘‘(4) Not later than 30 days after notifying ercise.’’. and inserting ‘‘8D’’; and the head of an establishment of a denial pur- SEC. 7. TECHNICAL AND CONFORMING AMEND- (G) in section 11(d)(8)(A), in the matter pre- suant to paragraph (2), the Attorney General MENTS. ceding clause (i), by striking ‘‘paragraph shall submit a statement that the request (a) REPEALS.— (7)(C)’’ and inserting ‘‘paragraph (7)(E)’’.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00130 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.033 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7531

(3) SPELLING.—The Inspector General Act Government in managing property of the submitted under paragraph (1), each Federal of 1978 (5 U.S.C. App.), as amended by this Federal Government by— agency shall— Act, is further amended— (1) requiring the United States Postal ‘‘(A) review the list; (A) in section 3(a), by striking ‘‘subpena’’ Service to take appropriate measures to bet- ‘‘(B) review properties under the control of and inserting ‘‘subpoena’’; ter manage and account for property; the Federal agency; and (B) in section 6(a)(4), by striking ‘‘sub- (2) providing for increased collocation with ‘‘(C) recommend collocations if appro- penas’’ and inserting ‘‘subpoenas’’; Postal Service facilities and guidance on priate. (C) in section 8D(a)— Postal Service leasing practices; and ‘‘(d) TERMS OF COLLOCATION.—On approval (i) in paragraph (1), by striking ‘‘subpenas’’ (3) establishing a Federal Real Property of the recommendations under subsection (c) and inserting ‘‘subpoenas’’; and Council to develop guidance on and ensure by the Postmaster General and the applica- (ii) in paragraph (2), by striking ‘‘subpena’’ the implementation of strategies for better ble agency head, the Federal agency or ap- each place that term appears and inserting managing Federal property. propriate landholding entity may work with ‘‘subpoena’’; SEC. 3. PROPERTY MANAGEMENT. the Postmaster General to establish appro- (D) in section 8E(a)— (a) IN GENERAL.—Chapter 5 of subtitle I of priate terms of a lease for each postal prop- (i) in paragraph (1), by striking ‘‘subpenas’’ title 40, United States Code, is amended by erty. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in and inserting ‘‘subpoenas’’; and adding at the end the following: this section exceeds, modifies, or supplants (ii) in paragraph (2), by striking ‘‘subpena’’ ‘‘Subchapter VII—Property Management any other Federal law relating to any com- each place that term appears and inserting ‘‘§ 621. Definitions petitive bidding process governing the leas- ‘‘subpoena’’; and ‘‘In this subchapter: ing of postal property. (E) in section 8G(d)(1), by striking ‘‘sub- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- pena’’ and inserting ‘‘subpoena’’. ‘‘§ 623. Establishment of a Federal Real Prop- trator’ means the Administrator of General erty Council SEC. 8. NO ADDITIONAL FUNDS AUTHORIZED. Services. No additional funds are authorized to carry ‘‘(a) ESTABLISHMENT.—There is established ‘‘(2) COUNCIL.—The term ‘Council’ means a Federal Real Property Council. out the requirements of this Act or the the Federal Real Property Council estab- ‘‘(b) PURPOSE.—The purpose of the Council amendments made by this Act. The require- lished by section 623(a). shall be— ments of this Act and the amendments made ‘‘(3) DIRECTOR.—The term ‘Director’ means ‘‘(1) to develop guidance and ensure imple- by this Act shall be carried out using the Director of the Office of Management mentation of an efficient and effective real amounts otherwise appropriated. and Budget. property management strategy; AMENDMENT OFFERED BY MR. CHAFFETZ ‘‘(4) FEDERAL AGENCY.—The term ‘Federal ‘‘(2) to identify opportunities for the Fed- agency’ means— Mr. CHAFFETZ. Mr. Speaker, I have eral Government to better manage property ‘‘(A) an executive department or inde- and assets of the Federal Government; and an amendment to the bill at the desk. pendent establishment in the executive The SPEAKER pro tempore. The ‘‘(3) to reduce the costs of managing prop- branch of the Government; or erty of the Federal Government, including Clerk will report the amendment. ‘‘(B) a wholly owned Government corpora- operations, maintenance, and security asso- The Clerk read as follows: tion (other than the United States Postal ciated with Federal property. Page 18, line 11, strike ‘‘information’’ and Service). ‘‘(c) COMPOSITION.— insert ‘‘informations’’. ‘‘(5) FIELD OFFICE.—The term ‘field office’ ‘‘(1) IN GENERAL.—The Council shall be Page 33, line 19, strike ‘‘appropriated’’ and means any office of a Federal agency that is composed exclusively of— insert ‘‘authorized’’. not the headquarters office location for the ‘‘(A) the senior real property officers of Mr. CHAFFETZ (during the reading). Federal agency. each Federal agency; ‘‘(6) POSTAL PROPERTY.—The term ‘postal ‘‘(B) the Deputy Director for Management Mr. Speaker, I ask unanimous consent property’ means any property owned or to dispense with the reading of the of the Office of Management and Budget; leased by the United States Postal Service. ‘‘(C) the Controller of the Office of Man- amendment. ‘‘(7) PUBLIC-PRIVATE PARTNERSHIP.—The agement and Budget; The SPEAKER pro tempore. Is there term ‘public-private partnership’ means any ‘‘(D) the Administrator; and objection to the request of the gen- partnership or working relationship between ‘‘(E) any other full-time or permanent tleman from Utah? a Federal agency and a corporation, indi- part-time Federal officials or employees, as There was no objection. vidual, or nonprofit organization for the pur- the Chairperson determines to be necessary. The amendment was agreed to. pose of financing, constructing, operating, ‘‘(2) CHAIRPERSON.—The Deputy Director The bill was ordered to be engrossed managing, or maintaining 1 or more Federal for Management of the Office of Management real property assets. and read a third time, was read the and Budget shall serve as Chairperson of the ‘‘(8) UNDERUTILIZED PROPERTY.—The term Council. third time, and passed, and a motion to ‘underutilized property’ means a portion or ‘‘(3) EXECUTIVE DIRECTOR.— reconsider was laid on the table. the entirety of any real property, including ‘‘(A) IN GENERAL.—The Chairperson shall f any improvements, that is used— designate an Executive Director to assist in ‘‘(A) irregularly or intermittently by the FEDERAL PROPERTY MANAGE- carrying out the duties of the Council. accountable Federal agency for program pur- ‘‘(B) QUALIFICATIONS.—The Executive Di- MENT REFORM ACT OF 2016 poses of the Federal agency; or rector shall— Mr. CHAFFETZ. Mr. Speaker, I ask ‘‘(B) for program purposes that can be sat- ‘‘(i) be appointed from among individuals unanimous consent that the Com- isfied only with a portion of the property. who have substantial experience in the areas mittee on Oversight and Government ‘‘§ 622. Collocation among United States Post- of commercial real estate and development, Reform and the Committee on Trans- al Service properties real property management, and Federal op- erations and management; and portation and Infrastructure be dis- ‘‘(a) IDENTIFICATION OF POSTAL PROP- ERTY.—Each year, the Postmaster General ‘‘(ii) hold no outside employment that may charged from further consideration of shall— conflict with duties inherent to the position. the bill (H.R. 6451) to improve the Gov- ‘‘(1) identify a list of postal properties with ‘‘(d) MEETINGS.— ernment-wide management of Federal space available for use by Federal agencies; ‘‘(1) IN GENERAL.—The Council shall meet property, and ask for its immediate and subject to the call of the Chairperson. consideration in the House. ‘‘(2) not later than September 30, submit ‘‘(2) MINIMUM.—The Council shall meet not The Clerk read the title of the bill. the list to— fewer than 4 times each year. ‘‘(A) the Committee on Homeland Security ‘‘(e) DUTIES.—The Council, in consultation The SPEAKER pro tempore. Is there with the Director and the Administrator, objection to the request of the gen- and Governmental Affairs of the Senate; and ‘‘(B) the Committee on Oversight and Gov- shall— tleman from Utah? ernment Reform of the House of Representa- ‘‘(1) not later than 1 year after the date of There was no objection. tives. enactment of this subchapter, establish a The text of the bill is as follows: ‘‘(b) VOLUNTARY IDENTIFICATION OF POSTAL real property management plan template, to H.R. 6451 PROPERTY.—Each year, the Postmaster Gen- be updated annually, which shall include per- eral may submit the list under subsection (a) formance measures, specific milestones, Be it enacted by the Senate and House of Rep- to the Council. measurable savings, strategies, and Govern- resentatives of the United States of America in ‘‘(c) SUBMISSION OF LIST OF POSTAL PROP- ment-wide goals based on the goals estab- Congress assembled, ERTIES TO FEDERAL AGENCIES.— lished under section 524(a)(7) to reduce sur- SECTION 1. SHORT TITLE. ‘‘(1) IN GENERAL.—Not later than 30 days plus property or to achieve better utilization This Act may be cited as the ‘‘Federal after the completion of a list under sub- of underutilized property, and evaluation cri- Property Management Reform Act of 2016’’. section (a), the Council shall provide the list teria to determine the effectiveness of real SEC. 2. PURPOSE. to each Federal agency. property management that are designed— The purpose of this Act is to increase the ‘‘(2) REVIEW BY FEDERAL AGENCIES.—Not ‘‘(A) to enable Congress and heads of Fed- efficiency and effectiveness of the Federal later than 90 days after the receipt of the list eral agencies to track progress in the

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00131 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.033 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7532 CONGRESSIONAL RECORD — HOUSE December 8, 2016 achievement of property management objec- ‘‘(3) the Committee on Oversight and Gov- the matter preceding paragraph (1) by strik- tives on a Government-wide basis; ernment Reform of the House of Representa- ing ‘‘The’’ and inserting ‘‘Except as provided ‘‘(B) to improve the management of real tives; in subchapter VII of chapter 5 of this title, property; and ‘‘(4) the Committee on Transportation and the’’. ‘‘(C) to allow for comparison of the per- Infrastructure of the House of Representa- SEC. 4. UNITED STATES POSTAL SERVICE PROP- formance of Federal agencies against indus- tives; and ERTY MANAGEMENT. try and other public sector agencies; ‘‘(5) the Comptroller General of the United (a) IN GENERAL.—Part III of title 39, United ‘‘(2) develop utilization rates consistent States. States Code, is amended by adding at the end throughout each category of space, consid- ‘‘(i) EXCLUSIONS.—In this section, surplus the following: ering the diverse nature of the Federal port- property shall not include— ‘‘CHAPTER 29—PROPERTY MANAGEMENT folio and consistent with nongovernmental ‘‘(1) any military installation (as defined ‘‘Sec. space use rates; in section 2910 of the Defense Base Closure ‘‘2901. Definitions. ‘‘(3) develop a strategy to reduce the reli- and Realignment Act of 1990 (10 U.S.C. 2687 ‘‘2902. Property management. ance of Federal agencies on leased space for note; Public Law 101–510)); ‘‘§ 2901. Definitions long-term needs if ownership would be less ‘‘(2) any property that is excepted from the ‘‘In this chapter: costly; definition of the term ‘property’ under sec- ‘‘(1) EXCESS PROPERTY.—The term ‘excess ‘‘(4) provide guidance on eliminating ineffi- tion 102; property’ means any postal property that ciencies in the Federal leasing process; ‘‘(3) Indian and native Eskimo property the Postal Service determines is not required ‘‘(5) compile a list of field offices that are held in trust by the Federal Government as to meet the needs or responsibilities of the suitable for collocation with other property described in section 3301(a)(5)(C)(iii); Postal Service. assets; ‘‘(4) real property operated and maintained ‘‘(2) POSTAL PROPERTY.—The term ‘postal ‘‘(6) research best practices regarding the by the Tennessee Valley Authority pursuant property’ means any property owned or use of public-private partnerships to manage to the Tennessee Valley Authority Act of leased by the Postal Service. properties and develop guidelines for the use 1933 (16 U.S.C. 831 et seq.); ‘‘(3) UNDERUTILIZED PROPERTY.—The term of those partnerships in the management of ‘‘(5) any real property the Director ex- ‘underutilized property’ means a portion or Federal property; and cludes for reasons of national security; the entirety of any real property that is ‘‘(7) not later than 1 year after the date of ‘‘(6) any public lands (as defined in section postal property, including any improve- enactment of this subchapter and annually 203 of the Public Lands Corps Act of 1993 (16 ments, that is used— during the 4-year period beginning on the U.S.C. 1722)) administered by— ‘‘(A) irregularly or intermittently by the date that is 1 year after the date of enact- ‘‘(A) the Secretary of the Interior, acting Postal Service for program purposes of the ment of this subchapter and ending on the through— Postal Service; or date that is 5 years after the date of enact- ‘‘(i) the Director of the Bureau of Land ‘‘(B) for program purposes that can be sat- ment of this subchapter, the Council shall Management; isfied only with a portion of the property. submit to the Director a report that con- ‘‘(ii) the Director of the National Park ‘‘§ 2902. Property management Service; tains— ‘‘(a) IN GENERAL.—The Postal Service— ‘‘(A) a list of the remaining excess prop- ‘‘(iii) the Commissioner of Reclamation; or ‘‘(1) shall maintain adequate inventory erty that is real property, surplus property ‘‘(iv) the Director of the United States controls and accountability systems for that is real property, and underutilized prop- Fish and Wildlife Service; or postal property; erty of each Federal agency; ‘‘(B) the Secretary of Agriculture, acting ‘‘(2) shall develop current and future work- ‘‘(B) the progress of the Council toward de- through the Chief of the Forest Service; or force projections so as to have the capacity veloping guidance for Federal agencies to en- ‘‘(7) any property operated and maintained to assess the needs of the Postal Service sure that the assessment required under sec- by the United States Postal Service. workforce regarding the use of property; tion 524(a)(11)(B) is carried out in a uniform ‘‘§ 624. Information on certain leasing au- ‘‘(3) may develop a 5-year management manner; thorities template that— ‘‘(C) the progress of Federal agencies to- ‘‘(a) IN GENERAL.—Except as provided in ‘‘(A) establishes goals and policies that ward achieving the goals established under subsection (b), not later than December 31 of will lead to the reduction of excess property section 524(a)(7); each year following the date of enactment of and underutilized property in the inventory ‘‘(D) if necessary, recommendations for this subchapter, a Federal agency with inde- of the Postal Service; legislation or statutory reforms that would pendent leasing authority shall submit to ‘‘(B) adopts workplace practices, configu- further the goals of the Council, including the Council a list of all leases, including op- rations, and management techniques that streamlining the disposal of excess or under- erating leases, in effect on the date of enact- can achieve increased levels of productivity utilized real property; and ment of this subchapter that includes— and decrease the need for real property as- ‘‘(E) a list of entities that are consulted ‘‘(1) the date on which each lease was exe- sets; under subsection (f). cuted; ‘‘(C) assesses leased space to identify space ‘‘(f) CONSULTATION.—In carrying out the ‘‘(2) the date on which each lease will ex- that is not fully used or occupied; duties described in subsection (e), the Coun- pire; ‘‘(D) develops recommendations on how to cil shall also consult with representatives ‘‘(3) a description of the size of the space; address excess capacity at Postal Service fa- of— ‘‘(4) the location of the property; cilities without negatively impacting mail ‘‘(1) State, local, and tribal authorities, as ‘‘(5) the tenant agency; delivery; and appropriate, and other affected communities; ‘‘(6) the total annual rental payment; and ‘‘(E) develops recommendations on ensur- and ‘‘(7) the amount of the net present value of ing the security of mail processing oper- ‘‘(2) appropriate private sector entities and the total estimated legal obligations of the ations; and nongovernmental organizations that have Federal Government over the life of the con- ‘‘(4) if the Postal Service develops a tem- expertise in areas of— tract. plate under paragraph (3) shall, as part of ‘‘(A) commercial real estate and develop- ‘‘(b) EXCEPTION.—Subsection (a) shall not that template and on a regular basis— ment; apply to— ‘‘(A) conduct an inventory of postal prop- ‘‘(B) government management and oper- ‘‘(1) the United States Postal Service; or erty that is real property; and ations; ‘‘(2) any other property the Director ex- ‘‘(B) publish a report that covers each ‘‘(C) space planning; cludes from subsection (a) for reasons of na- property identified under subparagraph (A), ‘‘(D) community development, including tional security.’’. similar to the USPS Owned Facilities Report transportation and planning; (b) TECHNICAL AND CONFORMING AMEND- and the USPS Leased Facilities Report, that ‘‘(E) historic preservation; and MENTS.— includes— ‘‘(F) providing housing to the homeless (1) TABLE OF SECTIONS.—The table of sec- ‘‘(i) the date on which the Postal Service population. tions for chapter 5 of subtitle I of title 40, first occupied the property; ‘‘(g) COUNCIL RESOURCES.—The Director United States Code, is amended by inserting ‘‘(ii) the size of the property in square foot- and the Administrator shall provide staffing, after the item relating to section 611 the fol- age and acreage; and administrative support for the Council, lowing: ‘‘(iii) the geographical location of the prop- as appropriate. ‘‘SUBCHAPTER VII—PROPERTY MANAGEMENT erty, including an address and description; ‘‘(h) ACCESS TO REPORT.—The Council shall ‘‘Sec. 621. Definitions. ‘‘(iv) the extent to which the property is provide, on an annual basis, the real prop- ‘‘Sec. 622. Collocation among United States being utilized; erty management plan template required Postal Service properties. ‘‘(v) the actual annual operating costs as- under subsection (e)(1) and the reports re- ‘‘Sec. 623. Establishment of a Federal Real sociated with the property; quired under subsection (e)(7) to— Property Council. ‘‘(vi) the total cost of capital expenditures ‘‘(1) the Committee on Homeland Security ‘‘Sec. 624. Information on certain leasing au- associated with the property; and Governmental Affairs of the Senate; thorities.’’. ‘‘(vii) the number of postal employees, con- ‘‘(2) the Committee on Environment and (2) TECHNICAL AMENDMENT.—Section 102 of tractor employees, and functions housed at Public Works of the Senate; title 40, United States Code, is amended in the property;

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00132 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.043 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7533 ‘‘(viii) the extent to which the mission of ‘‘(iii) the geographical location of the prop- (1) by redesignating subsection (c) as sub- the Postal Service is dependent on the prop- erty, including an address and description; section (d); and erty; and ‘‘(iv) the extent to which the property is (2) by inserting after subsection (b) the fol- ‘‘(ix) the estimated amount of capital ex- being utilized; lowing: penditures projected to maintain and operate ‘‘(v) the actual annual operating costs as- ‘‘(c) REQUIREMENT.—Notwithstanding any the property over each of the next 5 years sociated with the property; other provision of law, the sale of the prop- after the date of enactment of this chapter. ‘‘(vi) the total cost of capital expenditures erty by the Administrator of General Serv- ‘‘(b) RULE OF CONSTRUCTION.—Nothing in incurred by the Federal Government associ- ices shall ensure continuity of security subsection (a)(4)(B) shall be construed to re- ated with the property; measures, parking access, and infrastructure quire the Postal Service to obtain an ap- ‘‘(vii) sustainability metrics associated requirements of the James Forrestal Build- praisal of postal property.’’. with the property; ing while it is occupied by the Department of (b) TECHNICAL AND CONFORMING AMEND- ‘‘(viii) the number of Federal employees Energy.’’. MENT.—The table of chapters for part III of and contractor employees and functions (e) EFFECTIVE DATE.—Except as provided in title 39, United States Code, is amended by housed at the property; subsection (c)(2), this section and the amend- adding at the end the following: ‘‘(ix) the extent to which the mission of ments made by this section shall take effect ‘‘29. Property Management ...... 2901’’. the executive agency is dependent on the immediately after the enactment of the ap- SEC. 5. INSPECTOR GENERAL REPORT ON property; plicable Act. UNITED STATES POSTAL SERVICE ‘‘(x) the estimated amount of capital ex- The bill was ordered to be engrossed PROPERTY. penditures projected to maintain and operate and read a third time, was read the (a) DEFINITION OF EXCESS PROPERTY.—In the property during the 5-year period begin- this section, the term ‘‘excess property’’ has ning on the date of enactment of this para- third time, and passed, and a motion to the meaning given the term in section 2901 of graph; and reconsider was laid on the table. title 39, United States Code, as added by sec- ‘‘(xi) any additional information required f tion 4. by the Administrator of General Services to (b) EXCESS PROPERTY REPORT.—Not later carry out section 623; and ENSURING ACCESS TO PACIFIC than 2 years after the date of enactment of ‘‘(12) provide to the Federal Real Property this Act, the Inspector General of the United Council and the Administrator of General FISHERIES ACT States Postal Service shall submit to Con- Services the information described in para- Mrs. RADEWAGEN. Mr. Speaker, I gress a report that includes— graph (11)(B) to be used for the establish- ask unanimous consent that the Com- (1) a survey of excess property held by the ment and maintenance of the database de- mittee on Natural Resources and the United States Postal Service; and scribed in section 21 of the Federal Assets Committee on Science, Space, and (2) recommendations for repurposing prop- Sale and Transfer Act of 2016.’’. erty identified in paragraph (1)— (b) DEFINITION OF EXECUTIVE AGENCY.—Sec- Technology be discharged from further (A) to— tion 524 of title 40, United States Code, is consideration of the bill (H.R. 6452) to (i) reduce excess capacity; and amended by adding at the end the following: implement the Convention on the Con- (ii) increase collocation with other Federal ‘‘(c) DEFINITION OF EXECUTIVE AGENCY.— servation and Management of High agencies; and For the purpose of paragraphs (6) through Seas Fisheries Resources in the North (B) without diminishing the ability of the (12) of subsection (a), the term ‘executive Pacific Ocean, to implement the Con- United States Postal Service to meet the agency’ shall have the meaning given the term ‘Federal agency’ in section 621.’’. vention on the Conservation and Man- service standards established under section agement of High Seas Fishery Re- 3691 of title 39, United States Code, as in ef- SEC. 7. TECHNICAL AMENDMENTS. fect on January 1, 2016. (a) DEFINITION OF APPLICABLE ACT.—In this sources in the South Pacific Ocean, and section, the term ‘‘applicable Act’’ means for other purposes, and ask for its im- SEC. 6. DUTIES OF FEDERAL AGENCIES. the Federal Assets Sale and Transfer Act of (a) IN GENERAL.—Section 524(a) of title 40, mediate consideration in the House. 2016 (H.R. 4465, 114th Congress, 2d Session). United States Code, is amended— The Clerk read the title of the bill. (b) BOARD.—Section 4(c) of the applicable The SPEAKER pro tempore. Is there (1) in paragraph (4), by striking ‘‘and’’ at Act is amended by striking paragraphs (1) the end; through (3) and inserting the following: objection to the request of the gentle- (2) in paragraph (5), by striking the period ‘‘(1) IN GENERAL.—The Board shall be com- woman from American Samoa? at the end and inserting a semicolon; and posed of a Chairperson appointed by the There was no objection. (3) by adding at the end the following: President, by and with the advice and con- The text of the bill is as follows: ‘‘(6) develop current and future workforce sent of the Senate, and 6 members appointed H.R. 6452 projections so as to have the capacity to as- by the President. Be it enacted by the Senate and House of Rep- sess the needs of the Federal workforce re- ‘‘(2) APPOINTMENTS.— resentatives of the United States of America in garding the use of real property; ‘‘(A) IN GENERAL.—In selecting individuals Congress assembled, ‘‘(7) establish goals and policies that will for appointments to the Board, the President lead the executive agency to reduce excess shall appoint members in the following man- SECTION 1. SHORT TITLE. property and underutilized property in the ner: This Act may be cited as the ‘‘Ensuring inventory of the executive agency; ‘‘(i) 2 members recommended by the Access to Pacific Fisheries Act’’. ‘‘(8) submit to the Federal Real Property Speaker of the House of Representatives. TITLE I—NORTH PACIFIC FISHERIES Council an annual report on all excess prop- ‘‘(ii) 2 members recommended by the ma- erty that is real property and underutilized Subtitle A—North Pacific Fisheries jority leader of the Senate. Convention Implementation property in the inventory of the executive ‘‘(iii) 1 member recommended by the mi- agency, including— nority leader of the House of Representa- SEC. 101. DEFINITIONS. ‘‘(A) whether underutilized property can be tives. In this subtitle: better utilized, including through colloca- ‘‘(iv) 1 member recommended by the mi- (1) COMMISSION.—The term ‘‘Commission’’ tion with other executive agencies or con- nority leader of the Senate. means the North Pacific Fisheries Commis- solidation with other facilities; and ‘‘(B) DEADLINE.—The appointment of mem- sion established in accordance with the ‘‘(B) the extent to which the executive bers to the Board shall be made not later North Pacific Fisheries Convention. agency believes that retention of the under- than 90 days after the date of enactment of (2) COMMISSIONER.—The term ‘‘Commis- utilized property serves the needs of the ex- this Act. sioner’’ means a United States Commissioner ecutive agency; ‘‘(3) TERMS.—The term for each member of appointed under section 102(a). ‘‘(9) adopt workplace practices, configura- the Board shall be 6 years.’’. (3) CONVENTION AREA.—The term ‘‘Conven- tions, and management techniques that can (c) AGENCY RETENTION OF PROCEEDS.— tion Area’’ means the area to which the Con- achieve increased levels of productivity and (1) IN GENERAL.—Section 571 of title 40, vention on the Conservation and Manage- decrease the need for real property assets; United States Code (as amended by section ment of High Seas Fisheries Resources in the ‘‘(10) assess leased space to identify space 20 of the applicable Act), is amended by add- North Pacific Ocean applies under Article 4 that is not fully used or occupied; ing at the end the following: of such Convention. ‘‘(11) on an annual basis and subject to the ‘‘(d) SAVINGS PROVISION.—Nothing in this (4) COUNCIL.—The term ‘‘Council’’ means guidance of the Federal Real Property Coun- section modifies, alters, or repeals any other the North Pacific Fishery Management cil— provision of Federal law directing the use of Council, the Pacific Fishery Management ‘‘(A) conduct an inventory of real property retained proceeds relating to the sale of Council, or the Western Pacific Fishery Man- under control of the executive agency; and property of an agency.’’. agement Council established under section ‘‘(B) make an assessment of each property, (2) EFFECTIVE DATE.—The amendments 302 of the Magnuson-Stevens Fishery Con- which shall include— made by this subsection shall take effect as servation and Management Act (16 U.S.C. ‘‘(i) the age and condition of the property; if enacted as part of the applicable Act. 1852), as the context requires. ‘‘(ii) the size of the property in square foot- (d) SALE.—Section 24 of the applicable Act (5) EXCLUSIVE ECONOMIC ZONE.—The term age and acreage; is amended— ‘‘exclusive economic zone’’ means—

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00133 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.043 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7534 CONGRESSIONAL RECORD — HOUSE December 8, 2016

(A) with respect to the United States, the (13) STATE.—The term ‘‘State’’ means each (3) TRAVEL EXPENSES.— zone established by Presidential Proclama- of the several States of the United States, (A) IN GENERAL.—The Secretary of State tion Numbered 5030 of March 10, 1983 (16 the District of Columbia, the Commonwealth shall pay the necessary travel expenses of a U.S.C. 1453 note); and of the Northern Mariana Islands, American Commissioner or an alternate Commissioner (B) with respect to a foreign country, a Samoa, Guam, and any other common- in accordance with the Federal Travel Regu- designated zone similar to the zone referred wealth, territory, or possession of the United lations and sections 5701, 5702, 5704 through to in subparagraph (A) for that country, con- States. 5708, and 5731 of title 5, United States Code. sistent with international law. (14) STRADDLING STOCK.—The term ‘‘strad- (B) REIMBURSEMENT.—The Secretary may (6) FISHERIES RESOURCES.— dling stock’’ means a stock of fisheries re- reimburse the Secretary of State for (A) IN GENERAL.—Except as provided in sources that migrates between, or occurs in, amounts expended by the Secretary of State subparagraph (B), the term ‘‘fisheries re- the economic exclusion zone of one or more under this paragraph. sources’’ means all fish, mollusks, crusta- parties to the Convention and the Conven- (d) ADVISORY COMMITTEE.— ceans, and other marine species caught by a tion Area. (1) ESTABLISHMENT OF PERMANENT ADVISORY fishing vessel within the Convention Area, as (15) TRANSSHIPMENT.—The term ‘‘trans- COMMITTEE.— well as any products thereof. shipment’’ means the unloading of any fish- (A) MEMBERSHIP.—There is established an (B) EXCLUSIONS.—The term ‘‘fisheries re- eries resources taken in the Convention Area from one fishing vessel to another fishing advisory committee which shall be composed sources’’ does not include— of 11 members appointed by the Secretary as (i) sedentary species insofar as they are vessel either at sea or in port. (16) 1982 CONVENTION.—The term ‘‘1982 Con- follows: subject to the sovereign rights of coastal na- (i) A member engaging in commercial fish- tions consistent with Article 77, paragraph 4 vention’’ means the United Nations Conven- tion on the Law of the Sea of 10 December ing activities in the management area of the of the 1982 Convention and indicator species North Pacific Fishery Management Council. of vulnerable marine ecosystems as listed in, 1982. SEC. 102. UNITED STATES PARTICIPATION IN THE (ii) A member engaging in commercial or adopted pursuant to, Article 13, paragraph fishing activities in the management area of 5 of the North Pacific Fisheries Convention; NORTH PACIFIC FISHERIES CON- VENTION. the Pacific Fishery Management Council. (ii) catadromous species; (a) UNITED STATES COMMISSIONERS.— (iii) A member engaging in commercial (iii) marine mammals, marine reptiles, or (1) NUMBER OF COMMISSIONERS.—The United fishing activities in the management area of seabirds; or States shall be represented on the Commis- the Western Pacific Fishery Management (iv) other marine species already covered sion by five United States Commissioners. Council. by preexisting international fisheries man- (2) SELECTION OF COMMISSIONERS.—The (iv) Three members from the indigenous agement instruments within the area of Commissioners shall be as follows: population of the North Pacific, including an competence of such instruments. (A) APPOINTMENT BY THE PRESIDENT.— Alaska Native, Native Hawaiian, or a native- (7) FISHING ACTIVITIES.— (i) IN GENERAL.—Two of the Commissioners born inhabitant of any State of the United (A) IN GENERAL.—The term ‘‘fishing activi- shall be appointed by the President and shall States in the Pacific, and an individual from ties’’ means— be an officer or employee of— a Pacific Coast tribe. (i) the actual or attempted searching for, (I) the Department of Commerce; (v) A member that is a marine fisheries sci- catching, taking, or harvesting of fisheries (II) the Department of State; or resources; entist that is a resident of a State the adja- (III) the Coast Guard. (ii) engaging in any activity that can rea- cent exclusive economic zone for which is (ii) SELECTION CRITERIA.—In making each sonably be expected to result in the locating, bounded by the Convention Area. appointment under clause (i), the President catching, taking, or harvesting of fisheries (vi) A member nominated by the Governor shall select a Commissioner from among in- resources for any purpose; of the State of Alaska. dividuals who are knowledgeable or experi- (iii) the processing of fisheries resources at (vii) A member nominated by the Governor enced concerning fisheries resources in the sea; of the State of Hawaii. North Pacific Ocean. (iv) the transshipment of fisheries re- (viii) A member nominated by the Gov- (B) NORTH PACIFIC FISHERY MANAGEMENT sources at sea or in port; or ernor of the State of Washington. COUNCIL.—One Commissioner shall be the (v) any operation at sea in direct support (ix) A member nominated by the Governor chairman of the North Pacific Fishery Man- of, or in preparation for, any activity de- of the State of California. agement Council or a designee of such chair- scribed in clauses (i) through (iv), including (B) TERMS AND PRIVILEGES.—Each member man. transshipment. of the Advisory Committee shall serve for a (C) PACIFIC FISHERY MANAGEMENT COUN- (B) EXCLUSIONS.—The term ‘‘fishing activi- term of 2 years and shall be eligible for re- CIL.—One Commissioner shall be the chair- ties’’ does not include any operation related appointment for not more than 3 consecutive man of the Pacific Fishery Management to an emergency involving the health or terms. The Commissioners shall notify the Council or a designee of such chairperson. safety of a crew member or the safety of a Advisory Committee in advance of each (D) WESTERN PACIFIC FISHERY MANAGEMENT fishing vessel. meeting of the Commissioners. The Advisory COUNCIL.—One Commissioner shall be the (8) FISHING VESSEL.—The term ‘‘fishing Committee shall attend each meeting and chairman of the Western Pacific Fishery vessel’’ means any vessel used or intended shall examine and be heard on all proposed Management Council or a designee of such for use for the purpose of engaging in fishing programs, investigations, reports, rec- chairperson. activities, including a processing vessel, a ommendations, and regulations of the Com- (b) ALTERNATE COMMISSIONERS.—In the missioners. support ship, a carrier vessel, or any other event of a vacancy in a position as a Com- (C) PROCEDURES.— vessel directly engaged in such fishing ac- missioner appointed under subsection (a), (i) IN GENERAL.—The Advisory Committee tivities. the Secretary of State, in consultation with (9) HIGH SEAS.—The term ‘‘high seas’’ does the Secretary, may designate from time to shall determine its organization and pre- not include an area that is within the exclu- time and for periods of time considered ap- scribe its practices and procedures for car- sive economic zone of the United States or of propriate an alternate Commissioner to the rying out its functions under this subtitle, any other country. Commission. An alternate Commissioner the North Pacific Fisheries Convention, and (10) NORTH PACIFIC FISHERIES CONVENTION.— may exercise all powers and duties of a Com- the Magnuson-Stevens Fishery Conservation The term ‘‘North Pacific Fisheries Conven- missioner in the absence of a Commissioner and Management Act (16 U.S.C. 1801 et seq.). tion’’ means the Convention on the Con- appointed under subsection (a), and shall (ii) PUBLIC AVAILABILITY OF PROCEDURES.— servation and Management of the High Seas serve the remainder of the term of the ab- The Advisory Committee shall publish and Fisheries Resources in the North Pacific sent Commissioner for which designated. make available to the public a statement of Ocean (including any annexes, amendments, (c) ADMINISTRATIVE MATTERS.— its organization, practices, and procedures. or protocols that are in force, or have come (1) EMPLOYMENT STATUS.—An individual (iii) QUORUM.—A majority of the members into force) for the United States, which was serving as a Commissioner, or an alternative of the Advisory Committee shall constitute a adopted at Tokyo on February 24, 2012. Commissioner, other than an officer or em- quorum to conduct business. (11) PERSON.—The term ‘‘person’’ means— ployee of the United States Government, (iv) PUBLIC MEETINGS.—Meetings of the Ad- (A) any individual, whether or not a citizen shall not be considered a Federal employee, visory Committee, except when in executive or national of the United States; except for the purposes of injury compensa- session, shall be open to the public. Prior no- (B) any corporation, partnership, associa- tion or tort claims liability as provided in tice of each non-executive meeting shall be tion, or other entity, whether or not orga- chapter 81 of title 5, United States Code, and made public in a timely fashion. The Advi- nized or existing under the laws of any chapter 171 of title 28, United States Code. sory Committee shall not be subject to the State; or (2) COMPENSATION.—An individual serving Federal Advisory Committee Act (5 U.S.C. (C) any Federal, State, local, tribal, or for- as a Commissioner or an alternate Commis- App.). eign government or any entity of such gov- sioner, although an officer of the United (v) COST SAVINGS.—In order to reduce the ernment. States while so serving, shall receive no cost of Advisory Committee meetings, the (12) SECRETARY.—Except as otherwise spe- compensation for the individual’s services as Advisory Committee shall, to the extent cifically provided, the term ‘‘Secretary’’ such Commissioner or alternate Commis- practicable, utilize teleconferences and means the Secretary of Commerce. sioner. webinars for that purpose.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00134 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.042 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7535

(D) PROVISION OF INFORMATION.—The Sec- a reimbursed or nonreimbursed basis the as- (2) may request and utilize on a reimbursed retary and the Secretary of State shall fur- sistance, services, personnel, equipment, and or nonreimbursed basis the assistance, serv- nish the Advisory Committee with relevant facilities of other Federal departments and ices, personnel, equipment, and facilities of information concerning fisheries resources agencies in— other Federal departments and agencies in and international fishery agreements. (1) scientific, research, and other programs the administration and enforcement of this (2) ADMINISTRATIVE MATTERS.— under this subtitle; subtitle. (A) SUPPORT SERVICES.—The Secretary (2) fishing operations and biological experi- (b) SECRETARIAL ACTIONS.—The Secretary shall provide to the Advisory Committee in a ments for purposes of scientific investigation and the Secretary of the department in timely manner such administrative and or other purposes necessary to implement technical support services as are necessary the North Pacific Fisheries Convention; which the Coast Guard is operating shall pre- to function effectively. (3) the collection, utilization, and disclo- vent any person from violating this subtitle (B) COMPENSATION; STATUS.—An individual sure of such information as may be nec- with respect to fishing activities or the con- appointed to serve as a member of the Advi- essary to implement the North Pacific Fish- servation of fisheries resources in the Con- sory Committee— eries Convention, subject to sections 552 and vention Area in the same manner, by the (i) shall serve without pay; and 552a of title 5, United States Code, and sec- same means, and with the same jurisdiction, (ii) shall not be considered a Federal em- tion 402(b) of the Magnuson-Stevens Fishery powers, and duties as though sections 308 ployee, except for the purposes of injury Conservation and Management Act (16 U.S.C. through 311 of the Magnuson-Stevens Fish- compensation or tort claims liability as pro- 1881a(b)); ery Conservation and Management Act (16 vided in chapter 81 of title 5, United States (4) the issuance of permits to owners and U.S.C. 1858, 1859, 1860, and 1861) were incor- Code, and chapter 171 of title 28, United operators of United States vessels to engage porated into and made a part of this subtitle. States Code. in fishing activities in the Convention Area Any person that violates this subtitle is sub- (C) TRAVEL EXPENSES.— seaward of the exclusive economic zone of ject to the penalties and entitled to the (i) IN GENERAL.—The Secretary of State the United States, under such terms and con- privileges and immunities provided in the may pay the necessary travel expenses of ditions as the Secretary may prescribe, in- Magnuson-Stevens Fishery Conservation and members of the Advisory Committee in car- cluding the period of time that a permit is Management Act (16 U.S.C. 1801 et seq.) in rying out the duties of the Advisory Com- valid; and the same manner, by the same means, and mittee in accordance with the Federal Trav- (5) if recommended by the United States with the same jurisdiction, power, and duties el Regulations and sections 5701, 5702, 5704 Commissioners, the assessment and collec- as though sections 308 through 311 of that through 5708, and 5731 of title 5, United tion of fees, not to exceed 3 percent of the ex- Act (16 U.S.C. 1858, 1859, 1860, and 1861) were States Code. vessel value of fisheries resources harvested incorporated into and made a part of this (ii) REIMBURSEMENT.—The Secretary may by vessels of the United States in fisheries reimburse the Secretary of State for conducted in the Convention Area, to re- subtitle. amounts expended by the Secretary of State cover the actual costs to the United States (c) JURISDICTION OF THE COURTS.— under this subparagraph. to carry out the functions of the Secretary (1) IN GENERAL.—Subject to paragraphs (2) SEC. 103. AUTHORITY AND RESPONSIBILITY OF under this subtitle. and (3), the district courts of the United THE SECRETARY OF STATE. (d) CONSISTENCY WITH OTHER LAWS.—The States shall have jurisdiction over any case The Secretary of State may— Secretary shall ensure the consistency, to or controversy arising under this subtitle, (1) receive and transmit, on behalf of the the extent practicable, of fishery manage- and any such court may at any time— United States, reports, requests, rec- ment programs administered under this sub- (A) enter restraining orders or prohibi- ommendations, proposals, decisions, and title, the Magnuson-Stevens Fishery Con- tions; other communications of and to the Commis- servation and Management Act (16 U.S.C. (B) issue warrants, process in rem, or other sion; 1801 et seq.), the Tuna Conventions Act of process; (2) in consultation with the Secretary, act 1950 (16 U.S.C. 951 et seq.), the South Pacific (C) prescribe and accept satisfactory bonds upon, or refer to another appropriate author- Tuna Act of 1988 (16 U.S.C. 973 et seq.), sec- or other security; and ity, any communication received pursuant to tion 401 of Public Law 108–219 (16 U.S.C. 1821 (D) take such other actions as are in the paragraph (1); note) (relating to Pacific albacore tuna), the interest of justice. (3) with the concurrence of the Secretary, Western and Central Pacific Fisheries Con- (2) HAWAII AND PACIFIC INSULAR AREAS.—In and in accordance with the Convention, ob- vention Implementation Act (16 U.S.C. 6901 the case of Hawaii or any possession of the ject to the decisions of the Commission; and et seq.), the National Oceanic and Atmos- United States in the Pacific Ocean, the ap- (4) request and utilize on a reimbursed or pheric Administration Authorization Act of propriate court is the United States District 1992 (Public Law 102–567) and the amend- non-reimbursed basis the assistance, serv- Court for the District of Hawaii, except ments made by that Act, and Public Law 100– ices, personnel, equipment, and facilities of that— 629 (102 Stat. 3286). other Federal departments and agencies, for- (A) in the case of Guam and Wake Island, (e) JUDICIAL REVIEW OF REGULATIONS.— eign governments or agencies, or inter- the appropriate court is the United States (1) IN GENERAL.—Regulations promulgated national intergovernmental organizations, in by the Secretary under this subtitle shall be District Court for the District of Guam; and the conduct of scientific research and other subject to judicial review to the extent au- (B) in the case of the Northern Mariana Is- programs under this subtitle. thorized by, and in accordance with, chapter lands, the appropriate court is the United SEC. 104. AUTHORITY OF THE SECRETARY OF States District Court for the District of the COMMERCE. 7 of title 5, United States Code, if a petition for such review is filed not later than 30 days Northern Mariana Islands. (a) PROMULGATION OF REGULATIONS.— after the date on which the regulations are (3) CONSTRUCTION.—Each violation shall be (1) AUTHORITY.—The Secretary, in con- promulgated. a separate offense and the offense is deemed sultation with the Secretary of State and, to have been committed not only in the dis- (2) RESPONSES.—Notwithstanding any with respect to enforcement measures, the trict where the violation first occurred, but Secretary of the department in which the other provision of law, the Secretary shall file a response to any petition filed in ac- also in any other district authorized by law. Coast Guard is operating, may promulgate Any offense not committed in any district is such regulations as may be necessary to cordance with paragraph (1), not later than 30 days after the date the Secretary is served subject to the venue provisions of section carry out the United States international 3238 of title 18, United States Code. obligations under the North Pacific Fisheries with that petition, except that the appro- Convention and this subtitle, including rec- priate court may extend the period for filing (d) CONFIDENTIALITY.— ommendations and decisions adopted by the such a response upon a showing by the Sec- (1) IN GENERAL.—Any information sub- Commission. retary of good cause for that extension. mitted to the Secretary in compliance with (3) COPIES OF ADMINISTRATIVE RECORD.—A any requirement under this subtitle, and in- (2) REGULATIONS OF STRADDLING STOCKS.— In the implementation of a measure adopted response of the Secretary under paragraph formation submitted under any requirement by the Commission that would govern a (2) shall include a copy of the administrative of this subtitle that may be necessary to im- straddling stock under the authority of a record for the regulations that are the sub- plement the Convention, including informa- Council, any regulation promulgated by the ject of the petition. tion submitted before the date of the enact- Secretary to implement such measure within (4) EXPEDITED HEARINGS.—Upon a motion ment of this Act, shall be confidential and the exclusive economic zone shall be ap- by the person who files a petition under this may not be disclosed, except— proved by such Council. subsection, the appropriate court shall as- (A) to a Federal employee who is respon- (b) RULE OF CONSTRUCTION.—Regulations sign the matter for hearing at the earliest sible for administering, implementing, or en- promulgated under subsection (a) shall be possible date. forcing this subtitle; applicable only to a person or a fishing ves- SEC. 105. ENFORCEMENT. (B) to the Commission, in accordance with sel that is or has engaged in fishing activi- (a) IN GENERAL.—The Secretary and the requirements in the North Pacific Fisheries ties, or fisheries resources covered by the Secretary of the department in which the Convention and decisions of the Commission, North Pacific Fisheries Convention under Coast Guard is operating— and, insofar as possible, in accordance with this subtitle. (1) shall administer and enforce this sub- an agreement with the Commission that pre- (c) ADDITIONAL AUTHORITY.—The Secretary title and any regulations issued under this vents public disclosure of the identity or may conduct, and may request and utilize on subtitle; and business of any person;

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00135 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.042 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7536 CONGRESSIONAL RECORD — HOUSE December 8, 2016 (C) to State, Council, or marine fisheries (10) to engage in fishing activities in viola- Area, ensure that all fishing gear on board commission employees pursuant to an agree- tion of any regulation adopted pursuant to the vessel is stowed below deck or otherwise ment with the Secretary that prevents pub- this subtitle; removed from the place it is normally used lic disclosure of the identity or business of (11) to fail to make, keep, or furnish any for fishing activities and placed where it is any person; catch returns, statistical records, or other not readily available for fishing activities. (D) when required by court order; or reports required by regulations adopted pur- SEC. 110. AUTHORIZATION OF APPROPRIATIONS. (E) when the Secretary has obtained writ- suant to this subtitle to be made, kept, or There is authorized to be appropriated out ten authorization from the person submit- furnished; of funds made available to the Secretary and ting such information to release such infor- (12) to fail to stop a vessel upon being the Secretary of State $300,000 for each of fis- mation to another person for a reason not hailed and instructed to stop by a duly au- cal years 2017 through 2021 to carry out this otherwise provided for in this paragraph, and thorized official of the United States; subtitle and to pay the United States con- such release does not violate other require- (13) to import, in violation of any regula- tribution to the Commission under Article 12 ments of this subtitle. tion adopted pursuant to this subtitle, any of the North Pacific Fisheries Convention. (2) USE OF INFORMATION.— fisheries resources in any form of those spe- (A) IN GENERAL.—Except as provided in cies subject to regulation pursuant to a rec- Subtitle B—Miscellaneous subparagraph (B), the Secretary shall pro- ommendation, resolution, or decision of the SEC. 121. FUNDING FOR TRAVEL EXPENSES. mulgate regulations regarding the proce- Commission, or any fisheries resources in dures the Secretary considers necessary to any form not under regulation but under in- (a) NORTH PACIFIC BERING SEA FISHERIES preserve the confidentiality of information vestigation by the Commission, during the ADVISORY BODY.—Section 5 of the Act enti- submitted under this subtitle. period such fisheries resources have been de- tled ‘‘An Act to approve the governing inter- (B) EXCEPTION.—The Secretary may release nied entry in accordance with this subtitle; national fishery agreement between the or make public information submitted under (14) to make or submit any false record, ac- United States and the Union of Soviet So- this subtitle if the information is in any ag- count, or label for, or any false identification cialist Republics, and for other purposes’’, gregate or summary form that does not di- of, any fisheries resources that have been, or approved November 7, 1988 (Public Law 100– rectly or indirectly disclose the identity or are intended to be imported, exported, trans- 629; 16 U.S.C. 1823 note), is amended by add- business of any person. ported, sold, offered for sale, purchased, or ing at the end the following: (3) RULE OF CONSTRUCTION.—Nothing in this received in interstate or foreign commerce; ‘‘(e) TRAVEL EXPENSES.— subsection shall be interpreted or construed or ‘‘(1) IN GENERAL.—The Secretary of State to prevent the use for conservation and man- (15) to refuse to authorize and accept may pay the necessary travel expenses of the agement purposes by the Secretary of any boarding by a duly authorized inspector pur- members of the advisory body established information submitted under this subtitle. suant to procedures adopted by the Commis- pursuant to this section in carrying out their sion for the boarding and inspection of fish- service as such members in accordance with SEC. 106. PROHIBITED ACTS. ing vessels in the Convention Area. the Federal Travel Regulations and sections It is unlawful for any person— SEC. 107. COOPERATION IN CARRYING OUT CON- 5701, 5702, 5704 through 5708, and 5731 of title (1) to violate this subtitle or any regula- VENTION. 5, United States Code. tion or permit issued under this subtitle; (a) FEDERAL AND STATE AGENCIES; PRIVATE ‘‘(2) REIMBURSEMENT.—The Secretary of (2) to use any fishing vessel to engage in INSTITUTIONS AND ORGANIZATIONS.—The Sec- Commerce may reimburse the Secretary of fishing activities without, or after the rev- retary may cooperate with any Federal agen- State for amounts expended by the Secretary ocation or during the period of suspension of, cy, any public or private institution or orga- of State under this subsection.’’. an applicable permit issued pursuant to this nization within the United States or abroad, (b) NORTH PACIFIC ANADROMOUS FISH COM- subtitle; and, through the Secretary of State, a duly MISSION.— (3) to refuse to permit any officer author- authorized official of the government of any (1) UNITED STATES COMMISSIONERS.—Section ized to enforce this subtitle to board a fish- party to the North Pacific Fisheries Conven- 804 of the North Pacific Anadromous Stocks ing vessel subject to such person’s control tion, in carrying out responsibilities under Act of 1992 (16 U.S.C. 5003) is amended by add- for the purposes of conducting any search, this subtitle. ing at the end the following: (b) SCIENTIFIC AND OTHER PROGRAMS; FA- investigation, or inspection in connection ‘‘(e) TRAVEL EXPENSES.— CILITIES AND PERSONNEL.—Each Federal with the enforcement of this subtitle or any ‘‘(1) IN GENERAL.—The Secretary may pay agency may, upon the request of the Sec- regulation, permit, or the North Pacific the necessary travel expenses of the United retary, cooperate in the conduct of scientific Fisheries Convention; States Commissioners and Alternate United and other programs and furnish facilities and (4) to assault, resist, oppose, impede, in- States Commissioners in carrying out the personnel for the purpose of assisting the timidate, or interfere with any such author- duties of the Commission in accordance with Commission in carrying out its duties under ized officer in the conduct of any search, in- the Federal Travel Regulations and sections the North Pacific Fisheries Convention. vestigation, or inspection in connection with 5701, 5702, 5704 through 5708, and 5731 of title (c) SANCTIONED FISHING OPERATIONS AND the enforcement of this subtitle or any regu- 5, United States Code. BIOLOGICAL EXPERIMENTS.—Nothing in this lation, permit, or the North Pacific Fisheries ‘‘(2) REIMBURSEMENT.—The Secretary of subtitle, or in the laws of any State, pre- Convention; Commerce may reimburse the Secretary for vents the Secretary or the Commission (5) to resist a lawful arrest for any act pro- amounts expended by the Secretary under from— hibited by this subtitle or any regulation this subparagraph.’’. (1) conducting or authorizing the conduct promulgated or permit issued under this sub- (2) ADVISORY PANEL.—Section 805 of the of fishing operations and biological experi- title; North Pacific Anadromous Stocks Act of 1992 ments at any time for purposes of scientific (6) to ship, transport, offer for sale, sell, (16 U.S.C. 5004) is amended by striking sub- investigation; or purchase, import, export, or have custody, section (e) and inserting the following: control, or possession of, any fisheries re- (2) discharging any other duties prescribed ‘‘(e) COMPENSATION.—The members of the sources taken or retained in violation of this by the North Pacific Fisheries Convention. (d) STATE JURISDICTION NOT AFFECTED.— Advisory Panel shall receive no compensa- subtitle or any regulation or permit referred tion for their service as such members. to in paragraph (1) or (2); Nothing in this subtitle shall be construed to (7) to interfere with, delay, or prevent, by diminish or to increase the jurisdiction of ‘‘(f) TRAVEL EXPENSES.— any means, the apprehension or arrest of an- any State in the territorial sea of the United ‘‘(1) IN GENERAL.—The Secretary may pay other person, knowing that such other per- States. the necessary travel expenses of the mem- son has committed any act prohibited by SEC. 108. TERRITORIAL PARTICIPATION. bers of the Advisory Panel in carrying out this section; The Secretary of State shall ensure par- their service as such members in accordance (8) to submit to the Secretary false infor- ticipation in the Commission and its sub- with the Federal Travel Regulations and sec- mation (including false information regard- sidiary bodies by the Commonwealth of the tions 5701, 5702, 5704 through 5708, and 5731 of ing the capacity and extent to which a Northern Mariana Islands, American Samoa, title 5, United States Code. United States fish processor, on an annual and Guam to the extent allowed under ‘‘(2) REIMBURSEMENT.—The Secretary of basis, will process a portion of the optimum United States law. Commerce may reimburse the Secretary for amounts expended by the Secretary under yield of a fishery that will be harvested by SEC. 109. EXCLUSIVE ECONOMIC ZONE NOTIFICA- fishing vessels of the United States), regard- TION. this subparagraph.’’. ing any matter that the Secretary is consid- Masters of commercial fishing vessels of SEC. 122. NATIONAL SEA GRANT COLLEGE PRO- ering in the course of carrying out this sub- countries fishing under the management au- GRAM REAUTHORIZATION ACT OF title; thority of the North Pacific Fisheries Con- 1998. (9) to assault, resist, oppose, impede, in- vention that do not carry vessel monitoring Section 10 of the National Sea Grant Col- timidate, sexually harass, bribe, or interfere systems capable of communicating with lege Program Reauthorization Act of 1998 (15 with any observer on a vessel under this sub- United States enforcement authorities shall, U.S.C. 1541) is amended by striking ‘‘the title, or any data collector employed by or prior to or as soon as reasonably possible United States Coast Guard’’ each place it ap- under contract to any person to carry out re- after, entering and transiting the exclusive pears and inserting ‘‘another Federal agen- sponsibilities under this subtitle; economic zone bounded by the Convention cy’’.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00136 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.042 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7537 TITLE II—IMPLEMENTATION OF THE CON- Resources Convention’’ means the Conven- (iii) A member that is a marine fisheries VENTION ON THE CONSERVATION AND tion on the Conservation and Management of scientist and a member of the Council’s Sci- MANAGEMENT OF HIGH SEAS FISHERY the High Seas Fishery Resources in the entific and Statistical Committee. RESOURCES IN THE SOUTH PACIFIC South Pacific Ocean (including any annexes, (iv) A member representing a non-govern- OCEAN amendments, or protocols that are in force, mental organization active in fishery issues SEC. 201. DEFINITIONS. or have come into force, for the United in the Pacific. In this title: States), which was adopted at Auckland, (v) A member nominated by the Governor (1) 1982 CONVENTION.—The term ‘‘1982 Con- New Zealand, on November 14, 2009, by the of the State of Hawaii. vention’’ means the United Nations Conven- International Consultations on the Proposed (vi) A member designated by the Council. tion on the Law of the Sea of 10 December South Pacific Regional Fisheries Manage- (B) TERMS AND PRIVILEGES.—Each member 1982. ment Organization. of the Advisory Committee shall serve for a (2) COMMISSION.—The term ‘‘Commission’’ (12) STATE.—The term ‘‘State’’ means each term of 2 years and shall be eligible for re- means the Commission of the South Pacific of the several States of the United States, appointment for not more than 3 consecutive Regional Fisheries Management Organiza- the District of Columbia, the Commonwealth terms. The Commissioners shall notify the tion established in accordance with the of the Northern Mariana Islands, American Advisory Committee in advance of each South Pacific Fishery Resources Convention. Samoa, Guam, and any other common- meeting of the Commissioners. The Advisory (3) CONVENTION AREA.—The term ‘‘Conven- wealth, territory, or possession of the United Committee may attend each meeting and tion Area’’ means the area to which the Con- States. may examine and be heard on all proposed vention on the Conservation and Manage- SEC. 202. APPOINTMENT OR DESIGNATION OF programs, investigations, reports, rec- ment of High Seas Fishery Resources in the UNITED STATES COMMISSIONERS. ommendations, and regulations of the Com- South Pacific Ocean applies under Article 5 (a) APPOINTMENT.— missioners. of such Convention. (1) IN GENERAL.—The United States shall be (C) PROCEDURES.— (4) COUNCIL.—The term ‘‘Council’’ means represented on the Commission by not more (i) IN GENERAL.—The Advisory Committee the Western Pacific Regional Fishery Man- than 3 Commissioners. In making each ap- shall determine its organization and pre- agement Council. pointment, the President shall select a Com- scribe its practices and procedures for car- (5) EXCLUSIVE ECONOMIC ZONE.—The term missioner from among individuals who are rying out its functions under this title, the ‘‘exclusive economic zone’’ means— knowledgeable or experienced concerning South Pacific Fisheries Convention, and the (A) with respect to the United States, the fishery resources in the South Pacific Ocean. Magnuson-Stevens Fishery Conservation and zone established by Presidential Proclama- (2) REPRESENTATION.—At least 1 of the Management Act (16 U.S.C. 1801 et seq.). tion Numbered 5030 of March 10, 1983 (16 Commissioners shall be— (ii) PUBLIC AVAILABILITY OF PROCEDURES.— U.S.C. 1453 note); and (A) serving at the pleasure of the Presi- The Advisory Committee shall publish and (B) with respect to a foreign country, a dent, an officer or employee of— make available to the public a statement of designated zone similar to the zone referred (i) the Department of Commerce; its organization, practices, and procedures. to in subparagraph (A) for that country, con- (ii) the Department of State; or (iii) QUORUM.—A majority of the members sistent with international law. (iii) the Coast Guard; and of the Advisory Committee shall constitute a (6) FISHERY RESOURCES.—The term ‘‘fishery (B) the chairperson or designee of the quorum to conduct business. resources’’ means all fish, mollusks, crusta- Council. ceans, and other marine species, and any (iv) PUBLIC MEETINGS.—Meetings of the Ad- (b) ALTERNATE COMMISSIONERS.—The Sec- products thereof, caught by a fishing vessel visory Committee, except when in executive retary of State, in consultation with the within the Convention Area, but excluding— session, shall be open to the public. Prior no- Secretary, may designate from time to time (A) sedentary species insofar as they are tice of each non-executive meeting shall be and for periods of time considered appro- subject to the national jurisdiction of coast- made public in a timely fashion. The Advi- priate an alternate Commissioner to the al States pursuant to Article 77 paragraph 4 sory Committee shall not be subject to the Commission. An alternate Commissioner of the 1982 Convention; Federal Advisory Committee Act (5 U.S.C. may exercise all powers and duties of a Com- (B) highly migratory species listed in App.). Annex I of the 1982 Convention; missioner in the absence of a Commissioner (v) COST SAVINGS.—In order to reduce the (C) anadromous and catadromous species; appointed under subsection (a). cost of Advisory Committee meetings, the and (c) ADMINISTRATIVE MATTERS.— Advisory Committee shall, to the extent (D) marine mammals, marine reptiles and (1) EMPLOYMENT STATUS.—An individual practicable, utilize teleconferences and sea birds. serving as a Commissioner, or as an alter- webinars for that purpose. (7) FISHING.—The term ‘‘fishing’’— nate Commissioner, other than an officer or (D) PROVISION OF INFORMATION.—The Sec- (A) except as provided in subparagraph (B), employee of the United States Government, retary and the Secretary of State shall fur- means— shall not be considered a Federal employee, nish the Advisory Committee with relevant (i) the actual or attempted searching for, except for the purposes of injury compensa- information concerning fishery resources catching, taking, or harvesting of fishery re- tion or tort claims liability as provided in and international fishery agreements. sources; chapter 81 of title 5, United States Code, and (2) ADMINISTRATIVE MATTERS.— (ii) engaging in any activity that can rea- chapter 171 of title 28, United States Code. (A) SUPPORT SERVICES.—The Secretary sonably be expected to result in the locating, (2) COMPENSATION.—An individual serving shall provide to the Advisory Committee in a catching, taking or harvesting of fishery re- as a Commissioner or an alternate Commis- timely manner such administrative and sources for any purpose; sioner, although an officer of the United technical support services as are necessary (iii) transshipment and any operation at States while so serving, shall receive no to function effectively. sea, in support of, or in preparation for, any compensation for the individual’s services as (B) COMPENSATION; STATUS; EXPENSES.—An activity described in this subparagraph; and such Commissioner or alternate Commis- individual appointed to serve as a member of (iv) the use of any vessel, vehicle, aircraft, sioner. the Advisory Committee— or hovercraft in relation to any activity de- (3) TRAVEL EXPENSES.— (i) shall serve without pay; and scribed in this subparagraph; and (A) IN GENERAL.—The Secretary of State (ii) shall not be considered a Federal em- (B) does not include any operation related shall pay the necessary travel expenses of a ployee, except for the purposes of injury to emergencies involving the health and Commissioner or an alternate Commissioner compensation or tort claims liability as pro- safety of crew members or the safety of a in accordance with the Federal Travel Regu- vided in chapter 81 of title 5, United States fishing vessel. lations and sections 5701, 5702, 5704 through Code, and chapter 171 of title 28, United (8) FISHING VESSEL.—The term ‘‘fishing 5708, and 5731 of title 5, United States Code. States Code. vessel’’ means any vessel used or intended to (B) REIMBURSEMENT.—The Secretary may be used for fishing, including any fish proc- reimburse the Secretary of State for SEC. 203. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE. essing vessel support ship, carrier vessel, or amounts expended by the Secretary of State any other vessel directly engaged in fishing under this paragraph. The Secretary of State may— operations. (d) ADVISORY COMMITTEE.— (1) receive and transmit, on behalf of the (9) PERSON.—The term ‘‘person’’ means any (1) ESTABLISHMENT OF PERMANENT ADVISORY United States, reports, requests, rec- individual (whether or not a citizen or na- COMMITTEE.— ommendations, proposals, decisions, and tional of the United States); any corpora- (A) MEMBERSHIP.—There is established an other communications of and to the Commis- tion, partnership, association, or other enti- advisory committee which shall be composed sion; ty (whether or not organized or existing of 7 members appointed by the Secretary as (2) in consultation with the Secretary, act under the laws of any State); and any Fed- follows: upon, or refer to other appropriate author- eral, State, local, or foreign government or (i) A member engaging in commercial fish- ity, any communication pursuant to para- any entity of any such government. ing in the management area of the Council. graph (1); and (10) SECRETARY.—The term ‘‘Secretary’’ (ii) Two members from the indigenous pop- (3) with the concurrence of the Secretary, means the Secretary of Commerce. ulation of the Pacific, including a Native Ha- and in accordance with the South Pacific (11) SOUTH PACIFIC FISHERY RESOURCES CON- waiian and a native-born inhabitant of any Fishery Resources Convention, object to de- VENTION.—The term ‘‘South Pacific Fishery State in the Pacific. cisions of the Commission.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00137 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.042 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7538 CONGRESSIONAL RECORD — HOUSE December 8, 2016 SEC. 204. RESPONSIBILITY OF THE SECRETARY SEC. 205. ENFORCEMENT. (5) to resist a lawful arrest for any act pro- AND RULEMAKING AUTHORITY. (a) RESPONSIBILITY.—This title, and any hibited by this title or any regulation pro- (a) RESPONSIBILITIES.—The Secretary regulations or permits issued under this mulgated or permit issued under this title; may— title, shall be enforced by the Secretary and (6) to ship, transport, offer for sale, sell, (1) administer this title and any regula- the Secretary of the department in which purchase, import, export, or have custody, tions issued under this title, except to the the Coast Guard is operating. Such Secre- control, or possession of, any fishery re- extent otherwise provided for in this title; taries shall, and the head of any Federal or sources taken or retained in violation of this (2) issue permits to vessels subject to the State agency that has entered into an agree- title or any regulation or permit referred to jurisdiction of the United States, and to ment with either such Secretary under this in paragraph (1) or (2); owners and operators of such vessels, to fish section may (if the agreement so provides), (7) to interfere with, delay, or prevent, by in the Convention Area, under such terms authorize officers to enforce this title or any any means, the apprehension or arrest of an- and conditions as the Secretary may pre- regulation promulgated under this title. Any other person, knowing that such other per- scribe; and officer so authorized may enforce this title son has committed any act prohibited by (3) if recommended by the United States in the same manner, by the same means, and this title; Commissioners, assess and collect fees, not with the same jurisdiction, powers, and du- (8) to submit to the Secretary false infor- to exceed 3 percent of the ex-vessel value of ties as though section 311 of the Magnuson- mation, regarding any matter that the Sec- fisheries resources harvested by vessels of Stevens Fishery Conservation and Manage- retary is considering in the course of car- the United States in fisheries conducted in ment Act (16 U.S.C. 1861) were incorporated rying out this title; the Convention Area, to recover the actual into and made a part of this title. (9) to assault, resist, oppose, impede, in- (b) ADMINISTRATION AND ENFORCEMENT.— costs to the United States to carry out the timidate, sexually harass, bribe, or interfere The Secretary and the Secretary of the de- functions of the Secretary under this title. with any observer on a vessel pursuant to partment in which the Coast Guard is oper- the requirements of this title, or any data (b) PROMULGATION OF REGULATIONS.— ating shall prevent any person from vio- collector employed by the National Oceanic (1) IN GENERAL.—The Secretary, in con- lating this title in the same manner, by the and Atmospheric Administration or under sultation with the Secretary of State and same means, and with the same jurisdiction, contract to any person to carry out respon- the Secretary of the department in which powers, and duties as though sections 308 sibilities under this title; the Coast Guard is operating, may promul- through 311 of the Magnuson-Stevens Fish- gate such regulations as may be necessary ery Conservation and Management Act (16 (10) to fail to make, keep, or furnish any and appropriate to carry out the inter- U.S.C. 1858 through 1861) were incorporated catch returns, statistical records, or other national obligations of the United States into and made a part of this title. Any per- reports as are required by regulations adopt- under the South Pacific Fishery Resources son that violates this title shall be subject to ed pursuant to this title to be made, kept, or Convention and this title, including deci- the penalties, and entitled to the privileges furnished; sions adopted by the Commission. and immunities, provided in the Magnuson- (11) to fail to stop a vessel upon being (2) APPLICABILITY.—Regulations promul- Stevens Fishery Conservation and Manage- hailed and instructed to stop by a duly au- gated under this subsection shall be applica- ment Act (16 U.S.C. 1801 et seq.) in the same thorized official of the United States; ble only to a person or fishing vessel that is manner and by the same means as though (12) to import, in violation of any regula- or has engaged in fishing, and fishery re- sections 308 through 311 of that Act (16 tion promulgated under this title, any fish- sources covered by the Convention on the U.S.C. 1858 through 1861) were incorporated ery resources in any form of those species Conservation and Management of High Seas into and made a part of this title. subject to regulation pursuant to a decision Fishery Resources in the South Pacific (c) DISTRICT COURT JURISDICTION.— of the Commission; Ocean under this title. (1) IN GENERAL.—The district courts of the (13) to make or submit any false record, ac- (c) CONSISTENCY WITH OTHER LAWS.—The United States shall have jurisdiction over count, or label for, or any false identification Secretary shall ensure the consistency, to any actions arising under this section. of, any fishery resources that have been or the extent practicable, of fishery manage- (2) HAWAII AND PACIFIC INSULAR AREAS.— are intended to be imported, exported, trans- ment programs administered under this Notwithstanding subsection (b), for the pur- ported, sold, offered for sale, purchased, or title, the Magnuson-Stevens Fishery Con- pose of this section, for Hawaii or any pos- received in interstate or foreign commerce; servation and Management Act (16 U.S.C. session of the United States in the Pacific or 1801 et seq.), the Tuna Conventions Act of Ocean, the appropriate court is the United (14) to refuse to authorize and accept 1950 (16 U.S.C. 951 et seq.), the South Pacific States District Court for the District of Ha- boarding by a duly authorized inspector pur- Tuna Act of 1988 (16 U.S.C. 973 et seq.), sec- waii, except that— suant to procedures adopted by the Commis- tion 401 of Public Law 108–219 (16 U.S.C. 1821 (A) in the case of Guam and Wake Island, sion for the boarding and inspection of fish- note) (relating to Pacific albacore tuna), the the appropriate court is the United States ing vessels in the Convention Area. Western and Central Pacific Fisheries Con- District Court for the District of Guam; and SEC. 207. COOPERATION IN CARRYING OUT THE vention Implementation Act (16 U.S.C. 6901 (B) in the case of the Northern Mariana Is- CONVENTION. et seq.), the National Oceanic and Atmos- lands, the appropriate court is the United (a) FEDERAL AND STATE AGENCIES; PRIVATE pheric Administration Authorization Act of States District Court for the District of the INSTITUTIONS AND ORGANIZATIONS.—The Sec- 1992 (Public Law 102–567) and the amend- Northern Mariana Islands. retary may cooperate with agencies of the ments made by that Act, and Public Law 100– (3) CONSTRUCTION.—Each violation shall be United States Government, any public or 629 (102 Stat. 3286). a separate offense and the offense is deemed private institutions or organizations within the United States or abroad, and, through (d) JUDICIAL REVIEW OF REGULATIONS.— to have been committed not only in the dis- the Secretary of State, the duly authorized (1) IN GENERAL.—Regulations promulgated trict where the violation first occurred, but officials of the government of any party to by the Secretary under this title shall be also in any other district as authorized by the South Pacific Fishery Resources Conven- subject to judicial review to the extent au- law. Any offenses not committed in any dis- tion, in carrying out responsibilities under thorized by, and in accordance with, chapter trict are subject to the venue provisions of this title. 7 of title 5, United States Code, if a petition section 3238 of title 18, United States Code. (b) SCIENTIFIC AND OTHER PROGRAMS; FA- for such review is filed not later than 30 days SEC. 206. PROHIBITED ACTS. CILITIES AND PERSONNEL.—All Federal agen- after the date on which the regulations are It is unlawful for any person— cies may, upon the request of the Secretary, promulgated or the action is published in the (1) to violate any provision of this title or cooperate in the conduct of scientific and Federal Register, as applicable. of any regulation promulgated or permit other programs and to furnish facilities and (2) RESPONSES.—Notwithstanding any issued under this title; personnel for the purpose of assisting the other provision of law, the Secretary shall (2) to use any fishing vessel to engage in Commission in carrying out its duties under file a response to any petition filed in ac- fishing without a valid permit or after the the South Pacific Fishery Resources Conven- cordance with paragraph (1) not later than 30 revocation, or during the period of suspen- tion. days after the date the Secretary is served sion, of an applicable permit pursuant to this (c) SANCTIONED FISHING OPERATIONS AND with that petition, except that the appro- title; BIOLOGICAL EXPERIMENTS.—Nothing in this priate court may extend the period for filing (3) to refuse to permit any officer author- title, or in the laws or regulations of any such a response upon a showing by the Sec- ized to enforce this title to board a fishing State, prevents the Secretary or the Com- retary of good cause for that extension. vessel subject to such person’s control for mission from— (3) COPIES OF ADMINISTRATIVE RECORD.—A the purposes of conducting any investigation (1) conducting or authorizing the conduct response of the Secretary under paragraph or inspection in connection with the enforce- of fishing operations and biological experi- (2) shall include a copy of the administrative ment of this title; ments at any time for purposes of scientific record for the regulations that are the sub- (4) to assault, resist, oppose, impede, in- investigation; or ject of the petition. timidate, or interfere with any such author- (2) discharging any other duties prescribed (4) EXPEDITED HEARINGS.—Upon a motion ized officer in the conduct of any search, in- by the South Pacific Fishery Resources Con- by the person who files a petition under this vestigation, or inspection in connection with vention. subsection, the appropriate court shall as- the enforcement of this title or any regula- (d) STATE JURISDICTION NOT AFFECTED.— sign the matter for hearing at the earliest tion promulgated or permit issued under this Nothing in this title shall be construed to di- possible date. title; minish or to increase the jurisdiction of any

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00138 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.042 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7539 State in the territorial sea of the United ‘‘SEC. 511. UNITED STATES CONSERVATION, MAN- repeal of, a section or other provision, the States. AGEMENT, AND ENFORCEMENT OB- reference shall be considered to be made to a SEC. 208. TERRITORIAL PARTICIPATION. JECTIVES. section or other provision of the Northwest The Secretary of State shall ensure par- ‘‘The Secretary, in consultation with the Atlantic Fisheries Convention Act of 1995 (16 ticipation in the Commission and its sub- Secretary of State, in the course of negotia- U.S.C. 5601 et seq.). sidiary bodies by American Samoa, Guam, tions, shall seek— SEC. 502. REPRESENTATION OF THE UNITED and the Commonwealth of the Northern Mar- ‘‘(1) to minimize any disadvantage to STATES UNDER CONVENTION. iana Islands to the extent allowed under United States fishermen in relation to other Section 202 (16 U.S.C. 5601) is amended— United States law. members of the Commission; (1) in subsection (a)(1), by striking ‘‘Gen- SEC. 209. EXCLUSIVE ECONOMIC ZONE NOTIFICA- ‘‘(2) to maximize the opportunities for fish- eral Council and the Fisheries’’; TION. ing vessels of the United States to harvest (2) in subsection (b)(1), by striking ‘‘at a Masters of commercial fishing vessels of fish stocks on the high seas in the Conven- meeting of the General Council or the Fish- countries fishing under the management au- tion area, recognizing that such harvests eries Commission’’; thority of the South Pacific Fisheries Con- may be restricted if the Commission, based (3) in subsection (b)(2), by striking ‘‘, at vention that do not carry vessel monitoring on the best available scientific information any meeting of the General Council or the systems capable of communicating with provided by the Scientific Committee, deter- Fisheries Commission for which the Alter- United States enforcement authorities shall, mines it is necessary to achieve the con- nate Commissioner is designated’’; before or as soon as reasonably possible servation objective set forth in Article 2 of (4) in subsection (d)(1), by striking ‘‘at a after, entering and transiting the exclusive the Convention; meeting of the Scientific Council’’; economic zone bounded by the Convention ‘‘(3) to prevent any requirement for the (5) in subsection (d)(2), by striking ‘‘, at Area, ensure that all fishing gear on board transfer to other nations or foreign entities any meeting of the Scientific Council for the vessel is stowed below deck or otherwise of the fishing capacity, fishing capacity which the Alternate Representative is des- removed from the place it is normally used rights, or fishing vessels of the United States ignated’’; and for fishing activities and placed where it is or its territories, unless any such require- (6) in subsection (f)(1)(A), by striking not readily available for fishing activities. ment is voluntary and market-based; and ‘‘Magnuson Act’’ and inserting ‘‘Magnuson- SEC. 210. AUTHORIZATION OF APPROPRIATIONS. ‘‘(4) to ensure that conservation and man- Stevens Fishery Conservation and Manage- (a) IN GENERAL.—There is authorized to be agement measures take into consideration ment Act’’. appropriated out of funds made available to traditional fishing patterns of fishing vessels SEC. 503. REQUESTS FOR SCIENTIFIC ADVICE. the Secretary and the Secretary of State of the United States and the operating re- Section 203 (16 U.S.C. 5602) is amended— $300,000 for each of fiscal years 2017 through quirements of the fisheries covered by the (1) in subsection (a)— 2021 to carry out this title and to pay the Western and Central Pacific Convention.’’. (A) by striking ‘‘The Representatives may’’ United States contribution to the Commis- (b) CONFORMING AMENDMENT.—Section 1(b) and inserting ‘‘A Representative may’’; sion under Article 15 of the South Pacific of the Magnuson-Stevens Fishery Conserva- Fisheries Convention. (B) by striking ‘‘described in subsection tion and Management Reauthorization Act (b)(1) or (2)’’ and inserting ‘‘described in (b) INTERNATIONAL COOPERATION AND AS- of 2006 is amended in the table of contents by SISTANCE.— paragraph (1) or (2) of subsection (b)’’; and striking the item relating to section 511 (121 (C) by striking ‘‘the Representatives have’’ (1) IN GENERAL.—Subject to the limits of Stat. 3576) and inserting the following: available appropriations and consistent with and inserting ‘‘the Representative has’’; applicable law, the Secretary or the Sec- ‘‘Sec. 511. United States conservation, man- (2) by striking ‘‘VII(1)’’ each place it ap- retary of State may provide appropriate as- agement, and enforcement ob- pears and inserting ‘‘VII(10)(b)’’; and sistance, including grants, to developing na- jectives. (3) in subsection (b)(2), by striking ‘‘Sec. 512. Authorization of appropriations.’’. tions and international organizations of ‘‘VIII(2)’’ and inserting ‘‘VII(11)’’. which such nations are members to assist TITLE IV—ILLEGAL, UNREGULATED, AND SEC. 504. AUTHORITIES OF SECRETARY OF STATE those nations in meeting their obligations UNREPORTED FISHING WITH RESPECT TO CONVENTION. under the South Pacific Fisheries Conven- SEC. 401. AMENDMENTS TO THE HIGH SEAS Section 204 (16 U.S.C. 5603) is amended by tion. DRIFTNET FISHING MORATORIUM striking ‘‘Fisheries Commission’’ each place (2) TRANSFER OF FUNDS.—Subject to the PROTECTION ACT. it appears and inserting ‘‘Commission con- limits of available appropriations and con- (a) APPLICATION OF ACT.—Section 606(b) of sistent with the procedures detailed in Arti- sistent with other applicable law, the Sec- the High Seas Driftnet Fishing Moratorium cles XIV and XV of the Convention’’. retary and the Secretary of State are au- Protection Act (16 U.S.C. 1826g(b)) is amend- SEC. 505. INTERAGENCY COOPERATION. thorized to transfer funds to any foreign gov- ed— Section 205(a) (16 U.S.C. 5604(a)) is amended ernment and any international, non-govern- (1) in paragraph (7), by striking ‘‘and’’ at to read as follows: mental, or international organization, in- the end; ‘‘(a) AUTHORITIES OF THE SECRETARY.—In cluding the Commission, for purposes of car- (2) in paragraph (8), by striking the period carrying out the provisions of the Conven- rying out the international responsibilities at the end and inserting ‘‘; and’’; and tion and this title, the Secretary may ar- under paragraph (1). (3) by adding at the end the following: range for cooperation with— ‘‘(9) the Ensuring Access to Pacific Fish- ‘‘(1) any department, agency, or instru- TITLE III—WESTERN AND CENTRAL mentality of the United States; PACIFIC FISHERIES COMMISSION eries Act.’’. (b) BIENNIAL REPORTS.—Section 607 of the ‘‘(2) a State; SEC. 301. RECOMMENDATIONS FOR AGENDA OF High Seas Driftnet Fishing Moratorium Pro- ‘‘(3) a Council; or ANNUAL MEETINGS OF WESTERN ‘‘(4) a private institution or an organiza- AND CENTRAL PACIFIC FISHERIES tection Act (16 U.S.C. 1826h) is amended by COMMISSION. inserting ‘‘on June 1 of that year’’ after tion.’’. (a) IN GENERAL.—The Western and Central ‘‘every 2 years thereafter,’’. SEC. 506. PROHIBITED ACTS AND PENALTIES. Pacific Fisheries Convention Implementa- (c) IDENTIFICATION OF VESSELS.—Section Section 207(a)(5) (16 U.S.C. 5606(a)(5)) is tion Act is amended— 609(a) of the High Seas Driftnet Fishing Mor- amended by striking ‘‘fish’’ and inserting (1) in section 503 (16 U.S.C. 6902)— atorium Protection Act (16 U.S.C. 1826j(a)) is ‘‘fishery resources’’. (A) in subsection (a), by inserting ‘‘and amended by striking ‘‘fishing vessels of that SEC. 507. CONSULTATIVE COMMITTEE. commercial fishing’’ after ‘‘fish stocks’’; and nation are engaged, or have’’ and inserting Section 208 (16 U.S.C. 5607) is amended— (B) in subsection (d)(1), by adding at the ‘‘any fishing vessel of that nation is engaged, (1) in subsection (b)(2), by striking ‘‘two’’ end the following: or has’’. and inserting ‘‘2’’; and ‘‘(E) AGENDA RECOMMENDATIONS.—No later (d) IDENTIFICATION OF NATIONS.—Section (2) in subsection (c), by striking ‘‘General than 30 days before each annual meeting of 610(a)(2)(A) of the High Seas Driftnet Fishing Council or the Fisheries’’ each place it ap- the Commission, the Advisory Committee Moratorium Protection Act (16 U.S.C. 1826k) pears. shall transmit to the United States Commis- is amended by striking ‘‘calendar year’’ and SEC. 508. DEFINITIONS. sioners recommendations relating to the inserting ‘‘3 years’’. Section 210 (16 U.S.C. 5609) is amended to agenda of the annual meeting. The rec- TITLE V—NORTHWEST ATLANTIC FISH- read as follows: ommendations must be agreed to by a major- ERIES CONVENTION AMENDMENTS ACT ‘‘SEC. 210. DEFINITIONS. ity of the Advisory Committee members. The SEC. 501. SHORT TITLE; REFERENCES TO THE ‘‘In this title: United States Commissioners shall consider NORTHWEST ATLANTIC FISHERIES ‘‘(1) 1982 CONVENTION.—The term ‘1982 Con- such recommendations, along with addi- CONVENTION ACT OF 1995. vention’ means the United Nations Conven- tional views transmitted by Advisory Com- (a) SHORT TITLE.—This title may be cited tion on the Law of the Sea of 10 December mittee members, in the formulation of the as the ‘‘Northwest Atlantic Fisheries Con- 1982. United States position for the Commission vention Amendments Act’’. ‘‘(2) AUTHORIZED ENFORCEMENT OFFICER.— meeting and during the negotiations at that (b) REFERENCES TO THE NORTHWEST ATLAN- The term ‘authorized enforcement officer’ meeting.’’; and TIC FISHERIES CONVENTION ACT OF 1995.—Ex- means a person authorized to enforce this (2) by redesignating section 511 (16 U.S.C. cept as otherwise expressly provided, when- title, any regulation issued under this title, 6910) as section 512, and inserting after sec- ever in this title an amendment or repeal is or any measure that is legally binding on the tion 510 the following: expressed in terms of an amendment to, or United States under the Convention.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00139 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.042 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7540 CONGRESSIONAL RECORD — HOUSE December 8, 2016

‘‘(3) COMMISSION.—The term ‘Commission’ eries Scientific Council appointed under sec- Sec. 102. Classified Schedule of Authoriza- means the body provided for by Articles V, tion 202. tions. VI, XIII, XIV, and XV of the Convention. ‘‘(14) SCIENTIFIC COUNCIL.—The term ‘Sci- Sec. 103. Personnel ceiling adjustments. ‘‘(4) COMMISSIONER.—The term ‘Commis- entific Council’ means the Scientific Council Sec. 104. Intelligence Community Manage- sioner’ means a United States Commissioner provided for by Articles V, VI, and VII of the ment Account. to the Northwest Atlantic Fisheries Organi- Convention. TITLE II—CENTRAL INTELLIGENCE zation appointed under section 202. ‘‘(15) SECRETARY.—The term ‘Secretary’ AGENCY RETIREMENT AND DIS- ‘‘(5) CONVENTION.—The term ‘Convention’ means the Secretary of Commerce. ABILITY SYSTEM means the Convention on Future Multilat- ‘‘(16) STATE.—The term ‘State’ means each Sec. 201. Authorization of appropriations. eral Cooperation in the Northwest Atlantic of the several States of the United States, Fisheries, done at Ottawa on October 24, 1978, the District of Columbia, and any other com- TITLE III—GENERAL INTELLIGENCE and as amended on September 28, 2007. monwealth, territory, or possession of the COMMUNITY MATTERS ‘‘(6) CONVENTION AREA.—The term ‘Conven- United States. Sec. 301. Restriction on conduct of intel- tion Area’ means the waters of the North- ‘‘(17) TRANSSHIPMENT.—The term ‘trans- ligence activities. west Atlantic Ocean north of 35°00′ N and shipment’ means the unloading of all or any Sec. 302. Increase in employee compensation west of a line extending due north from 35°00′ of the fishery resources on board a fishing and benefits authorized by law. N and 42°00′ W to 59°00′ N, thence due west to vessel to another fishing vessel either at sea Sec. 303. Support to nonprofit organizations 44°00′ W, and thence due north to the coast of or in port.’’. assisting intelligence commu- nity employees. Greenland, and the waters of the Gulf of St. SEC. 509. AUTHORIZATION OF APPROPRIATIONS. Sec. 304. Promotion of science, technology, Lawrence, Davis Strait and Baffin Bay south Section 211 (16 U.S.C. 5610) is amended— ° ′ engineering, and mathematics of 78 10 N. (1) by striking ‘‘including use for payment OUNCIL.—The term ‘Council’ means education in the intelligence ‘‘(7) C as the United States contribution to the Or- the New England Fishery Management Coun- community. ganization as provided in Article XVI of the cil or the Mid-Atlantic Fishery Management Sec. 305. Retention of employees of the in- Convention’’ and inserting ‘‘including to pay Council. telligence community who have the United States contribution to the Orga- ‘‘(8) FISHERY RESOURCES.— science, technology, engineer- nization as provided in Article IX of the Con- ‘‘(A) IN GENERAL.—The term ‘fishery re- ing, or mathematics expertise. vention’’; and sources’ means all fish, mollusks, and crus- Sec. 306. Multi-sector workforce. (2) by striking ‘‘2012’’ and inserting ‘‘2021’’. taceans, including any products thereof, Sec. 307. Notification of repair or modifica- within the Convention Area. SEC. 510. QUOTA ALLOCATION PRACTICE. tion of facilities to be used pri- ‘‘(B) EXCLUSIONS.—The term ‘fishery re- Section 213 (16 U.S.C. 5612) is repealed. marily by the intelligence com- sources’ does not include— TITLE VI—MISCELLANEOUS munity. ‘‘(i) sedentary species over which coastal SEC. 601. REPEAL OF NOAA OCEANS AND HUMAN Sec. 308. Guidance and reporting require- States may exercise sovereign rights con- HEALTH INITIATIVE REPORT. ment regarding the inter- sistent with Article 77 of the 1982 Conven- Section 904 of the Oceans and Human actions between the intel- tion; or Health Act (33 U.S.C. 3103) is amended— ligence community and enter- ‘‘(ii) insofar as they are managed under (1) in subsection (a), by striking ‘‘(a) IN tainment industry. other international treaties, anadromous GENERAL.—’’ and indenting appropriately; Sec. 309. Protections for independent inspec- and catadromous stocks and highly migra- and tors general of certain elements tory species listed in Annex I of the 1982 Con- (2) by striking subsection (b). of the intelligence community. vention. The bill was ordered to be engrossed Sec. 310. Congressional oversight of policy directives and guidance. ‘‘(9) FISHING ACTIVITIES.— and read a third time, was read the ‘‘(A) IN GENERAL.—The term ‘fishing activi- Sec. 311. Notification of memoranda of un- ties’ means harvesting or processing fishery third time, and passed, and a motion to derstanding. resources, or transhipping of fishery re- reconsider was laid on the table. Sec. 312. Assistance for nationally signifi- sources or products derived from fishery re- f cant critical infrastructure. sources, or any other activity in preparation Sec. 313. Technical correction to Executive for, in support of, or related to the har- INTELLIGENCE AUTHORIZATION Schedule. vesting of fishery resources. ACT FOR FISCAL YEAR 2017 Sec. 314. Maximum amount charged for de- ‘‘(B) INCLUSIONS.—The term ‘fishing activi- Mr. NUNES. Mr. Speaker, I ask unan- classification reviews. ties’ includes— imous consent that the Permanent Se- TITLE IV—MATTERS RELATING TO ELE- ‘‘(i) the actual or attempted searching for lect Committee on Intelligence be dis- MENTS OF THE INTELLIGENCE COMMU- or catching or taking of fishery resources; NITY ‘‘(ii) any activity that can reasonably be charged from further consideration of Subtitle A—Office of the Director of expected to result in locating, catching, tak- the bill (H.R. 6480) to authorize appro- National Intelligence ing, or harvesting of fishery resources for priations for fiscal year 2017 for intel- any purpose; and ligence and intelligence-related activi- Sec. 401. Designation of the Director of the ‘‘(iii) any operation at sea in support of, or National Counterintelligence ties of the United States Government, and Security Center. in preparation for, any activity described in the Intelligence Community Manage- this paragraph. Sec. 402. Analyses and impact statements by ment Account, and the Central Intel- ‘‘(C) EXCLUSIONS.—The term ‘fishing activi- Director of National Intel- ties’ does not include any operation related ligence Agency Retirement and Dis- ligence regarding investment to emergencies involving the health and ability System, and for other purposes, into the United States. safety of crew members or the safety of a and ask for its immediate consider- Sec. 403. Assistance for governmental enti- vessel. ation in the House. ties and private entities in rec- ‘‘(10) FISHING VESSEL.— The Clerk read the title of the bill. ognizing online violent extrem- ist content. ‘‘(A) IN GENERAL.—The term ‘fishing vessel’ The SPEAKER pro tempore. Is there means a vessel that is or has been engaged in objection to the request of the gen- Subtitle B—Central Intelligence Agency fishing activities. tleman from California? Sec. 411. Enhanced death benefits for per- ‘‘(B) INCLUSIONS.—The term ‘fishing vessel’ There was no objection. sonnel of the Central Intel- includes a fish processing vessel or a vessel ligence Agency. engaged in transshipment or any other activ- The text of the bill is as follows: Sec. 412. Pay and retirement authorities of ity in preparation for or related to fishing H.R. 6480 the Inspector General of the activities, or in experimental or exploratory Be it enacted by the Senate and House of Rep- Central Intelligence Agency. fishing activities. resentatives of the United States of America in Subtitle C—Other Elements ‘‘(11) ORGANIZATION.—The term ‘Organiza- Congress assembled, Sec. 421. Enhancing the technical workforce tion’ means the Northwest Atlantic Fish- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. eries Organization provided for by Article V for the Federal Bureau of Inves- (a) SHORT TITLE.—This Act may be cited as of the Convention. tigation. the ‘‘Intelligence Authorization Act for Fis- Sec. 422. Plan on assumption of certain ‘‘(12) PERSON.—The term ‘person’ means cal Year 2017’’. weather missions by the Na- any individual (whether or not a citizen or (b) TABLE OF CONTENTS.—The table of con- tional Reconnaissance Office. national of the United States), and any cor- tents for this Act is as follows: poration, partnership, association, or other TITLE V—MATTERS RELATING TO entity (whether or not organized or existing Sec. 1. Short title; table of contents. FOREIGN COUNTRIES under the laws of any State). Sec. 2. Definitions. Sec. 501. Committee to counter active meas- Sec. 3. Explanatory statement. ‘‘(13) REPRESENTATIVE.—The term ‘Rep- ures by the Russian Federation resentative’ means a United States Rep- TITLE I—INTELLIGENCE ACTIVITIES to exert covert influence over resentative to the Northwest Atlantic Fish- Sec. 101. Authorization of appropriations. peoples and governments.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00140 Fmt 4634 Sfmt 0655 E:\CR\FM\A08DE7.042 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7541 Sec. 502. Travel of accredited diplomatic and (2) The Central Intelligence Agency. telligence shall notify the congressional in- consular personnel of the Rus- (3) The Department of Defense. telligence committees in writing at least 15 sian Federation in the United (4) The Defense Intelligence Agency. days prior to each exercise of an authority States. (5) The National Security Agency. described in subsection (a). Sec. 503. Study and report on enhanced in- (6) The Department of the Army, the De- (d) CONTRACTOR CONVERSIONS.— telligence and information partment of the Navy, and the Department (1) AUTHORITY FOR INCREASES.—In addition sharing with Open Skies Treaty of the Air Force. to the authority under subsection (a), the Di- member states. (7) The Coast Guard. rector of National Intelligence may author- TITLE VI—REPORTS AND OTHER (8) The Department of State. ize employment of civilian personnel in an MATTERS (9) The Department of the Treasury. element of the intelligence community in ex- Sec. 601. Declassification review with re- (10) The Department of Energy. cess of the number authorized for fiscal year spect to detainees transferred (11) The Department of Justice. 2017 by the classified Schedule of Authoriza- from United States Naval Sta- (12) The Federal Bureau of Investigation. tions referred to in section 102(a), as such tion, Guantanamo Bay, Cuba. (13) The Drug Enforcement Administra- number may be increased pursuant to sub- Sec. 602. Cyber Center for Education and In- tion. section (a), if— novation-Home of the National (14) The National Reconnaissance Office. (A) the Director determines that the in- Cryptologic Museum. (15) The National Geospatial-Intelligence crease under this paragraph is necessary to Sec. 603. Report on national security sys- Agency. convert the performance of any function of tems. (16) The Department of Homeland Secu- the element by contractors to performance Sec. 604. Joint facilities certification. rity. by civilian personnel; and Sec. 605. Leadership and management of SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- (B) the number of civilian personnel of the TIONS. space activities. element employed in excess of the number (a) SPECIFICATIONS OF AMOUNTS.—The Sec. 606. Advances in life sciences and bio- authorized under such section 102(a), as such amounts authorized to be appropriated under technology. section 101 and, subject to section 103, the number may be increased pursuant to both Sec. 607. Reports on declassification pro- authorized personnel ceilings as of Sep- subsection (a) and this paragraph, does not posals. tember 30, 2017, for the conduct of the intel- exceed 10 percent of the number of civilian Sec. 608. Improvement in Government clas- ligence activities of the elements listed in personnel authorized under such schedule for sification and declassification. paragraphs (1) through (16) of section 101, are the element. Sec. 609. Report on implementation of re- those specified in the classified Schedule of (2) NOTICE TO CONGRESSIONAL INTELLIGENCE search and development rec- Authorizations prepared to accompany this COMMITTEES.—Not less than 30 days prior to ommendations. Act. exercising the authority described in para- Sec. 610. Report on Intelligence Community (b) AVAILABILITY OF CLASSIFIED SCHEDULE graph (1), the Director of National Intel- Research and Development OF AUTHORIZATIONS.— ligence shall submit to the congressional in- Corps. (1) AVAILABILITY.—The classified Schedule telligence committees, in writing— Sec. 611. Report on information relating to of Authorizations referred to in subsection (A) notification of exercising such author- academic programs, scholar- (a) shall be made available to the Committee ity; ships, fellowships, and intern- on Appropriations of the Senate, the Com- (B) justification for making the conversion ships sponsored, administered, mittee on Appropriations of the House of described in subparagraph (A) of such para- or used by the intelligence com- Representatives, and to the President. graph; and munity. (2) DISTRIBUTION BY THE PRESIDENT.—Sub- (C) certification that such conversion is Sec. 612. Report on intelligence community ject to paragraph (3), the President shall pro- cost effective. employees detailed to National vide for suitable distribution of the classified Security Council. SEC. 104. INTELLIGENCE COMMUNITY MANAGE- Schedule of Authorizations referred to in MENT ACCOUNT. Sec. 613. Intelligence community reporting subsection (a), or of appropriate portions of to Congress on foreign fighter such Schedule, within the executive branch. (a) AUTHORIZATION OF APPROPRIATIONS.— flows. (3) LIMITS ON DISCLOSURE.—The President There is authorized to be appropriated for Sec. 614. Report on cybersecurity threats to shall not publicly disclose the classified the Intelligence Community Management seaports of the United States Schedule of Authorizations or any portion of Account of the Director of National Intel- and maritime shipping. such Schedule except— ligence for fiscal year 2017 the sum of Sec. 615. Report on programs to counter ter- (A) as provided in section 601(a) of the Im- $561,788,000. Within such amount, funds iden- rorist narratives. plementing Recommendations of the 9/11 tified in the classified Schedule of Author- Sec. 616. Report on reprisals against con- Commission Act of 2007 (50 U.S.C. 3306(a)); izations referred to in section 102(a) for ad- tractors of the intelligence (B) to the extent necessary to implement vanced research and development shall re- community. the budget; or main available until September 30, 2018. SEC. 2. DEFINITIONS. (C) as otherwise required by law. (b) AUTHORIZED PERSONNEL LEVELS.—The In this Act: SEC. 103. PERSONNEL CEILING ADJUSTMENTS. elements within the Intelligence Community (1) CONGRESSIONAL INTELLIGENCE COMMIT- (a) AUTHORITY FOR INCREASES.—The Direc- Management Account of the Director of Na- TEES.—The term ‘‘congressional intelligence tor of National Intelligence may authorize tional Intelligence are authorized 787 posi- committees’’ means— employment of civilian personnel in excess tions as of September 30, 2017. Personnel (A) the Select Committee on Intelligence of the number authorized for fiscal year 2017 serving in such elements may be permanent of the Senate; and by the classified Schedule of Authorizations employees of the Office of the Director of (B) the Permanent Select Committee on referred to in section 102(a) if the Director of National Intelligence or personnel detailed Intelligence of the House of Representatives. National Intelligence determines that such from other elements of the United States (2) INTELLIGENCE COMMUNITY.—The term action is necessary to the performance of im- Government. ‘‘intelligence community’’ has the meaning portant intelligence functions, except that given that term in section 3(4) of the Na- the number of personnel employed in excess (c) CLASSIFIED AUTHORIZATIONS.— tional Security Act of 1947 (50 U.S.C. 3003(4)). of the number authorized under such section (1) AUTHORIZATION OF APPROPRIATIONS.—In SEC. 3. EXPLANATORY STATEMENT. may not, for any element of the intelligence addition to amounts authorized to be appro- The explanatory statement regarding this community, exceed 3 percent of the number priated for the Intelligence Community Man- Act, printed in the House section of the Con- of civilian personnel authorized under such agement Account by subsection (a), there are gressional Record on or about December 8, schedule for such element. authorized to be appropriated for the Intel- 2016, by the Chairman of the Permanent Se- (b) TREATMENT OF CERTAIN PERSONNEL.— ligence Community Management Account lect Committee on Intelligence of the House The Director of National Intelligence shall for fiscal year 2017 such additional amounts of Representatives, shall have the same ef- establish guidelines that govern, for each as are specified in the classified Schedule of fect with respect to the implementation of element of the intelligence community, the Authorizations referred to in section 102(a). this Act as if it were a joint explanatory treatment under the personnel levels author- Such additional amounts made available for statement of a committee of conference. ized under section 102(a), including any ex- advanced research and development shall re- emption from such personnel levels, of em- main available until September 30, 2018. TITLE I—INTELLIGENCE ACTIVITIES ployment or assignment in— (2) AUTHORIZATION OF PERSONNEL.—In addi- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. (1) a student program, trainee program, or tion to the personnel authorized by sub- Funds are hereby authorized to be appro- similar program; section (b) for elements of the Intelligence priated for fiscal year 2017 for the conduct of (2) a reserve corps or as a reemployed an- Community Management Account as of Sep- the intelligence and intelligence-related ac- nuitant; or tember 30, 2017, there are authorized such ad- tivities of the following elements of the (3) details, joint duty, or long-term, full- ditional personnel for the Community Man- United States Government: time training. agement Account as of that date as are spec- (1) The Office of the Director of National (c) NOTICE TO CONGRESSIONAL INTELLIGENCE ified in the classified Schedule of Authoriza- Intelligence. COMMITTEES.—The Director of National In- tions referred to in section 102(a).

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00141 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7542 CONGRESSIONAL RECORD — HOUSE December 8, 2016

TITLE II—CENTRAL INTELLIGENCE AGEN- SEC. 304. PROMOTION OF SCIENCE, TECH- ‘‘(1) REQUIREMENT FOR REPORTS.—Not later CY RETIREMENT AND DISABILITY SYS- NOLOGY, ENGINEERING, AND MATH- than 90 days after the date of the enactment TEM EMATICS EDUCATION IN THE INTEL- of the Intelligence Authorization Act for Fis- LIGENCE COMMUNITY. SEC. 201. AUTHORIZATION OF APPROPRIATIONS. cal Year 2017, the head of each element of the (a) REQUIREMENT FOR INVESTMENT STRAT- intelligence community shall submit to the There is authorized to be appropriated for EGY FOR STEM RECRUITING AND OUTREACH congressional intelligence committees a re- the Central Intelligence Agency Retirement ACTIVITIES.—Along with the budget for fiscal port on any rates of pay established for such and Disability Fund for fiscal year 2017 the year 2018 submitted by the President pursu- element under this section. sum of $514,000,000. ant to section 1105(a) of title 31, United ‘‘(2) CONTENTS.—Each report required by TITLE III—GENERAL INTELLIGENCE States Code, the Director of National Intel- paragraph (1) shall contain for each element COMMUNITY MATTERS ligence shall submit a five-year investment of the intelligence community— strategy for outreach and recruiting efforts ‘‘(A) a description of any rates of pay es- SEC. 301. RESTRICTION ON CONDUCT OF INTEL- in the fields of science, technology, engineer- LIGENCE ACTIVITIES. tablished under subsection (a); and ing, and mathematics (STEM), to include cy- ‘‘(B) the number of positions in such ele- The authorization of appropriations by bersecurity and computer literacy. this Act shall not be deemed to constitute ment that will be subject to such rates of (b) REQUIREMENT FOR INTELLIGENCE COMMU- pay.’’. authority for the conduct of any intelligence NITY PLANS FOR STEM RECRUITING AND OUT- activity which is not otherwise authorized (b) TABLE OF CONTENTS AMENDMENT.—The REACH ACTIVITIES.—For each of the fiscal table of contents in the first section of the by the Constitution or the laws of the United years 2018 through 2022, the head of each ele- States. National Security Act of 1947 is amended by ment of the intelligence community shall inserting after the item relating to section SEC. 302. INCREASE IN EMPLOYEE COMPENSA- submit an investment plan along with the 113A the following: TION AND BENEFITS AUTHORIZED materials submitted as justification of the ‘‘Sec. 113B. Special pay authority for BY LAW. budget request of such element that supports science, technology, engineer- Appropriations authorized by this Act for the strategy required by subsection (a). ing, or math positions.’’. salary, pay, retirement, and other benefits SEC. 305. RETENTION OF EMPLOYEES OF THE IN- for Federal employees may be increased by TELLIGENCE COMMUNITY WHO SEC. 306. MULTI-SECTOR WORKFORCE. such additional or supplemental amounts as HAVE SCIENCE, TECHNOLOGY, ENGI- (a) MULTI-SECTOR WORKFORCE INITIATIVE.— may be necessary for increases in such com- NEERING, OR MATHEMATICS EXPER- (1) REQUIREMENT.—The Director of Na- pensation or benefits authorized by law. TISE. tional Intelligence shall implement a multi- (a) SPECIAL RATES OF PAY FOR CERTAIN OC- sector workforce initiative— SEC. 303. SUPPORT TO NONPROFIT ORGANIZA- TIONS ASSISTING INTELLIGENCE CUPATIONS IN THE INTELLIGENCE COMMU- (A) to improve management of the work- COMMUNITY EMPLOYEES. NITY.—The National Security Act of 1947 (50 force of the intelligence community; U.S.C. 3001 et seq.) is amended by inserting (B) to achieve an appropriate ratio of em- (a) DIRECTOR OF NATIONAL INTELLIGENCE.— Section 102A of the National Security Act of after section 113A the following: ployees of the United States Government 1947 (50 U.S.C. 3024) is amended by adding at ‘‘SEC. 113B. SPECIAL PAY AUTHORITY FOR and core contractors in such workforce; and the end the following: SCIENCE, TECHNOLOGY, ENGINEER- (C) to establish processes that enables ele- ING, OR MATHEMATICS POSITIONS. ments of the intelligence community to ‘‘(y) FUNDRAISING.—(1) The Director of Na- ‘‘(a) AUTHORITY TO SET SPECIAL RATES OF build and maintain an appropriate ratio of tional Intelligence may engage in fund- PAY.—Notwithstanding part III of title 5, such employees and core contractors. raising in an official capacity for the benefit United States Code, the head of each element (2) BRIEFING TO CONGRESS.—Not later than of nonprofit organizations that— of the intelligence community may establish 90 days after the date of the enactment of ‘‘(A) provide support to surviving family higher minimum rates of pay for 1 or more this Act, the Director of National Intel- members of a deceased employee of an ele- categories of positions in such element that ligence shall brief the congressional intel- ment of the intelligence community; or require expertise in science, technology, en- ligence committees on the initiative re- ‘‘(B) otherwise provide support for the wel- gineering, or mathematics (STEM). quired by paragraph (1). fare, education, or recreation of employees ‘‘(b) MAXIMUM SPECIAL RATE OF PAY.—A (b) MANAGEMENT BASED ON WORKLOAD RE- of an element of the intelligence community, minimum rate of pay established for a cat- QUIREMENTS.— former employees of an element of the intel- egory of positions under subsection (a) may (1) IN GENERAL.—Notwithstanding sections ligence community, or family members of not exceed the maximum rate of basic pay 102 and 103, during each of fiscal years 2017 such employees. (excluding any locality-based comparability and 2018, the personnel of the intelligence ‘‘(2) In this subsection, the term ‘fund- payment under section 5304 of title 5, United community shall be managed each fiscal raising’ means the raising of funds through States Code, or similar provision of law) for year solely on the basis of, and consistent the active participation in the promotion, the position in that category of positions with— production, or presentation of an event de- without the authority of subsection (a) by (A) the workload required to carry out the signed to raise funds and does not include more than 30 percent, and no rate may be es- functions and activities of the intelligence the direct solicitation of money by any other tablished under this section in excess of the community; and means. rate of basic pay payable for level IV of the (B) the funds made available to the intel- ‘‘(3) Not later than 7 days after the date Executive Schedule under section 5315 of ligence community for such fiscal year. the Director engages in fundraising author- title 5, United States Code. (2) PROHIBITION ON CONSTRAINTS OR LIMITA- ized by this subsection or at the time the de- ‘‘(c) NOTIFICATION OF REMOVAL FROM SPE- TIONS.— cision is made to participate in such fund- CIAL RATE OF PAY.—If the head of an element (A) IN GENERAL.—Notwithstanding sections raising, the Director shall notify the con- of the intelligence community removes a 102 and 103, the management of the personnel gressional intelligence committees of such category of positions from coverage under a of the intelligence community in any fiscal fundraising. rate of pay authorized by subsection (a) after year shall not be subject to any constraint ‘‘(4) The Director, in consultation with the that rate of pay takes effect— or limitation in terms of man years, end Director of the Office of Government Ethics, ‘‘(1) the head of such element shall provide strength, positions, or maximum number of shall issue regulations to carry out the au- notice of the loss of coverage of the special employees. thority provided in this subsection. Such rate of pay to each individual in such cat- (B) TERMINATION.—The prohibition on con- regulations shall ensure that such authority egory; and straints and limitations under subparagraph is exercised in a manner that is consistent ‘‘(2) the loss of coverage will take effect on (A) shall terminate on September 30, 2018. with all relevant ethical constraints and the first day of the first pay period after the (3) NEW STARTS.—Notwithstanding para- principles, including the avoidance of any date of the notice. graph (2)(A), any initiation, resumption, or prohibited conflict of interest or appearance ‘‘(d) REVISION OF SPECIAL RATES OF PAY.— continuation by an element of intelligence of impropriety.’’. Subject to the limitations in this section, community of any project, subproject, activ- (b) DIRECTOR OF THE CENTRAL INTELLIGENCE rates of pay established under this section by ity, budget activity, program element, or AGENCY.—Section 12(f) of the Central Intel- the head of the element of the intelligence subprogram within a program element for ligence Agency Act of 1949 (50 U.S.C. 3512(f)) community may be revised from time to which an appropriation, fund, or other au- is amended by adding at the end the fol- time by the head of such element and the re- thority was not made available during the lowing: visions have the force and effect of statute. previous fiscal year may only be carried out ‘‘(3) Not later than the date that is 7 days ‘‘(e) REGULATIONS.—The head of each ele- if such project, subproject, activity, budget after the date the Director engages in fund- ment of the intelligence community shall activity, program element, or subprogram is raising authorized by this subsection or at promulgate regulations to carry out this sec- specifically authorized consistent with sec- the time the decision is made to participate tion with respect to such element, which tion 504 of the National Security Act of 1947 in such fundraising, the Director shall notify shall, to the extent practicable, be com- (50 U.S.C. 3094). the Select Committee on Intelligence of the parable to the regulations promulgated to (c) REQUIRED EMPLOYEES.—Notwith- Senate and the Permanent Select Committee carry out section 5305 of title 5, United standing to sections 102 and 103, during each on Intelligence of the House of Representa- States Code. of fiscal years 2017 and 2018 the Director of tives of the fundraising.’’. ‘‘(f) REPORTS.— National Intelligence shall ensure that there

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00142 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7543 are employed during a fiscal year employees (A) permit an element of the intelligence ‘‘(i) may not require an employee of an of- in the number and with the combination of community to conduct engagements, if the fice of inspector general for an element of skills and qualifications that are necessary head of the element, or a designee of such the intelligence community, including the to carry out the functions for which funds head, provides prior approval; and Office of the Inspector General of the Intel- are provided to the intelligence community (B) require an unclassified annual report to ligence Community, to rotate to a position for that fiscal year. the congressional intelligence committees in an office or organization of such an ele- (d) BRIEFING AND REPORT TO CONGRESS.— regarding engagements. ment over which such office of inspector gen- Not later than 180 days after the date of the (c) ANNUAL REPORT.—Each report required eral exercises jurisdiction; and enactment of this Act, the Director of Na- by subsection (b)(2)(B) shall include the fol- ‘‘(ii) shall be implemented in a manner tional Intelligence shall issue a written re- lowing: that exempts employees of an office of in- port and provide a briefing to the congres- (1) A description of the nature and dura- spector general from a rotation that may im- sional intelligence committees on— tion of each engagement included in the re- pact the independence of such office.’’. (1) the methodology used to calculate the view. SEC. 310. CONGRESSIONAL OVERSIGHT OF POL- number of civilian and contractor full-time (2) The cost incurred by the United States ICY DIRECTIVES AND GUIDANCE. equivalent positions in the intelligence com- Government for each such engagement. (a) COVERED POLICY DOCUMENT DEFINED.— munity; (3) A description of the benefits to the In this section, the term ‘‘covered policy (2) the cost analysis tool used to calculate United States Government for each such en- document’’ means any classified or unclassi- personnel costs in the intelligence commu- gagement. fied Presidential Policy Directive, Presi- nity; and (4) A determination of whether any infor- dential Policy Guidance, or other similar (3) the plans of the Director of National In- mation was declassified, and whether any policy document issued by the President, in- telligence and the head of each element of classified information was improperly dis- cluding any classified or unclassified annex the intelligence community to implement a closed, or each such engagement. to such a Directive, Guidance, or other docu- multi-sector workforce as required by sub- (5) A description of the work produced ment, that assigns tasks, roles, or respon- sections (a) and (b). through each such engagement. sibilities to the intelligence community or (e) REPORT.—Not later than 180 days after SEC. 309. PROTECTIONS FOR INDEPENDENT IN- an element of the intelligence community. (b) SUBMISSIONS TO CONGRESS.—The Direc- date of the enactment of this Act, the In- SPECTORS GENERAL OF CERTAIN ELEMENTS OF THE INTELLIGENCE tor of National Intelligence shall submit to spector General of the Intelligence Commu- COMMUNITY. the congressional intelligence committees nity shall submit to the congressional intel- (a) LIMITATION ON ACTIVITIES OF EMPLOY- the following: ligence committees a written report on the EES OF AN OFFICE OF INSPECTOR GENERAL.— (1) Not later than 15 days after the date accuracy of intelligence community data for (1) LIMITATIONS.—Not later than 180 days that a covered policy document is issued, a the numbers and costs associated with the after the date of the enactment of this Act, written notice of the issuance and a sum- civilian and contractor workforce in each the Director of National Intelligence shall mary of the subject matter addressed by element of the intelligence community. develop and implement a uniform policy for such covered policy document. SEC. 307. NOTIFICATION OF REPAIR OR MODI- each covered office of an inspector general to (2) Not later than 15 days after the date FICATION OF FACILITIES TO BE better ensure the independence of each such that the Director issues any guidance or di- USED PRIMARILY BY THE INTEL- office. Such policy shall include— LIGENCE COMMUNITY. rection on implementation of a covered pol- (A) provisions to prevent any conflict of in- Section 602(a)(2) of the Intelligence Au- icy document or implements a covered pol- terest related to a matter any employee of a thorization Act for Fiscal Year 1995 (50 icy document, a copy of such guidance or di- covered office of an inspector general person- U.S.C. 3304(a)(2)) is amended by striking ‘‘im- rection or a description of such implementa- ally and substantially participated in during tion. provement project to’’ and inserting ‘‘project previous employment; (3) Not later than 15 days after the date of for the improvement, repair, or modification (B) standards to ensure personnel of a cov- the enactment of this Act, for any covered of’’. ered office of an inspector general are free policy document issued prior to such date SEC. 308. GUIDANCE AND REPORTING REQUIRE- both in fact and in appearance from per- that is being implemented by any element of MENT REGARDING THE INTER- sonal, external, and organizational impair- ACTIONS BETWEEN THE INTEL- the intelligence community or that is in ef- LIGENCE COMMUNITY AND ENTER- ments to independence; fect on such date— TAINMENT INDUSTRY. (C) provisions to permit the head of each (A) a written notice that includes the date (a) DEFINITIONS.—In this section: covered office of an inspector general to such covered policy document was issued and (1) ENGAGEMENT.—The term ‘‘engage- waive the application of the policy with re- a summary of the subject matter addressed ment’’— spect to an individual if such head— by such covered policy document; and (A) means any significant interaction be- (i) prepares a written and signed justifica- (B) if the Director has issued any guidance tween an element of the intelligence commu- tion for such waiver that sets out, in detail, or direction on implementation of such cov- nity and an entertainment industry entity the need for such waiver, provided that waiv- ered policy document or is implementing for the purposes of contributing to an enter- ers shall not be issued for in fact impair- such covered policy document, a copy of the tainment product intended to be heard, read, ments to independence; and guidance or direction or a written descrip- viewed, or otherwise experienced by the pub- (ii) submits to the congressional intel- tion of such implementation. lic; and ligence committees each such justification; SEC. 311. NOTIFICATION OF MEMORANDA OF UN- and (B) does not include routine inquiries made DERSTANDING. (D) any other protections the Director de- by the press or news media to the public af- (a) IN GENERAL.—The head of each element termines appropriate. fairs office of an intelligence community. of the intelligence community shall submit (2) COVERED OFFICE OF AN INSPECTOR GEN- to the congressional intelligence committees (2) ENTERTAINMENT INDUSTRY ENTITY.—The ERAL DEFINED.—The term ‘‘covered office of a copy of each memorandum of under- term ‘‘entertainment industry entity’’ an inspector general’’ means— standing or other agreement regarding sig- means an entity that creates, produces, pro- (A) the Office of the Inspector General of nificant operational activities or policy be- motes, or distributes a work of entertain- the Intelligence Community; and tween or among such element and any other ment intended to be heard, read, viewed, or (B) the office of an inspector general for— entity or entities of the United States Gov- otherwise experienced by an audience, in- (i) the Office of the Director of National In- ernment— cluding— telligence; (1) for such a memorandum or agreement (A) theater productions, motion pictures, (ii) the Central Intelligence Agency; that is in effect on the date of the enactment radio broadcasts, television broadcasts, (iii) the National Security Agency; of this Act, not later than 60 days after such podcasts, webcasts, other sound or visual re- (iv) the Defense Intelligence Agency; date; and cording, music, or dance; (v) the National Geospatial-Intelligence (2) for such a memorandum or agreement (B) books and other published material; Agency; and entered into after such date, in a timely and (vi) the National Reconnaissance Office. manner and not more than 60 days after the (C) such other entertainment activity, as (3) BRIEFING TO THE CONGRESSIONAL INTEL- date such memorandum or other agreement determined by the Director of National In- LIGENCE COMMITTEES.—Prior to the date that is entered into. telligence. the policy required by paragraph (1) takes ef- (b) ADMINISTRATIVE MEMORANDUM OR (b) DIRECTOR OF NATIONAL INTELLIGENCE fect, the Director of National Intelligence AGREEMENT.—Nothing in this section may be GUIDANCE.— shall provide the congressional intelligence construed to require an element of the intel- (1) IN GENERAL.—Not later than 180 days committees a briefing on such policy. ligence community to submit to the congres- after the date of the enactment of this Act, (b) LIMITATION ON ROTATION OF EMPLOYEES sional intelligence committees any memo- the Director of National Intelligence shall OF AN OFFICE OF INSPECTOR GENERAL.—Sec- randum or agreement that is solely adminis- issue, and release to the public, guidance re- tion 102A(l)(3) of the National Security Act trative in nature, including a memorandum garding engagements by elements of the in- of 1947 (50 U.S.C. 3024(l)(3)) is amended by or agreement regarding joint duty or other telligence community with entertainment adding at the end the following: routine personnel assignments. industry entities. ‘‘(D) The mechanisms prescribed under SEC. 312. ASSISTANCE FOR NATIONALLY SIGNIFI- (2) CRITERIA.—The guidance required by subparagraph (A) and any other policies of CANT CRITICAL INFRASTRUCTURE. paragraph (1) shall— the Director— (a) DEFINITIONS.—In this section:

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00143 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7544 CONGRESSIONAL RECORD — HOUSE December 8, 2016

(1) COVERED CRITICAL INFRASTRUCTURE.— (E) Activities to provide technical assist- TITLE IV—MATTERS RELATING TO ELE- The term ‘‘covered critical infrastructure’’ ance and input for testing and exercises re- MENTS OF THE INTELLIGENCE COMMU- means the critical infrastructure identified lated to covered cyber assets. NITY pursuant to section 9(a) of Executive Order (f) RELATIONSHIP TO EXISTING PROGRAMS.— Subtitle A—Office of the Director of National No. 13636 of February 12, 2013 (78 Fed. Reg. This section shall be carried out in a manner Intelligence 11742; related to improving critical infra- consistent with the existing roles, respon- structure cybersecurity). SEC. 401. DESIGNATION OF THE DIRECTOR OF sibilities, authorities, and activities of the THE NATIONAL COUNTERINTEL- (2) COVERED CYBER ASSET.—The term ‘‘cov- United States Government. LIGENCE AND SECURITY CENTER. ered cyber asset’’ means an information sys- (g) NO COST TO COVERED CRITICAL INFRA- (a) IN GENERAL.— tem or industrial control system that is es- STRUCTURE PARTICIPANTS.—A voluntary par- (1) IN GENERAL.—Section 902 of the Coun- sential to the operation of covered critical ticipant in the program that is covered crit- terintelligence Enhancement Act of 2002 (50 infrastructure. ical infrastructure shall not be required to U.S.C. 3382) is amended to read as follows: (3) PROGRAM.—Except as otherwise specifi- reimburse the United States Government for ‘‘SEC. 902. DIRECTOR OF THE NATIONAL COUN- cally provided, the term ‘‘program’’ means the use of any facility, personnel, con- the program required by subsection (b). TERINTELLIGENCE AND SECURITY tractor, equipment, service, or information CENTER. (4) SECTOR-SPECIFIC AGENCY.—The term of the United States Government utilized in ‘‘(a) ESTABLISHMENT.—There shall be a Di- ‘‘sector-specific agency’’ has the meaning an activity carried out pursuant to the pro- rector of the National Counterintelligence given that term in Presidential Policy Direc- gram. and Security Center (referred to in this sec- tive-21, issued February 12, 2013 (related to RIORITIZATION OF ASSISTANCE.—The tion as the ‘Director’), who shall be ap- critical infrastructure security and resil- (h) P Director of National Intelligence shall con- pointed by the President, by and with the ad- ience), or any successor. sider the national significance of covered vice and consent of the Senate. (5) VOLUNTARY PARTICIPANT.—The term ‘‘voluntary participant’’ means an entity eli- critical infrastructure identified by the ‘‘(b) MISSION.—The mission of the Director gible to participate in the program under Under Secretary appointed pursuant to sec- shall be to serve as the head of national subsection (b) that has voluntarily elected to tion 103(a)(1)(H) of the Homeland Security counterintelligence for the United States participate in the program. Act of 2002 (6 U.S.C. 113(a)(1)(H)) in the Direc- Government. (b) REQUIREMENT FOR PROGRAM.—Not later tor’s process for prioritizing requirements ‘‘(c) DUTIES.—Subject to the direction and than 180 days after the date of the enactment and effectively allocating the resources of control of the Director of National Intel- of this Act, the Under Secretary appointed the intelligence community for assisting ligence, the duties of the Director are as fol- pursuant to section 103(a)(1)(H) of the Home- government efforts to help protect critical lows: land Security Act of 2002 (6 U.S.C. infrastructure owned or operated in the pri- ‘‘(1) To carry out the mission referred to in 113(a)(1)(H)), in consultation with appro- vate sector. subsection (b). priate covered critical infrastructure and (i) PARTICIPATION APPROVAL.—Participa- ‘‘(2) To act as chairperson of the National sector-specific agencies, shall carry out a tion in the program by any private entity Counterintelligence Policy Board established program to provide assistance to covered shall be subject to the approval of the Under under section 811 of the Counterintelligence critical infrastructure consistent with sub- Secretary appointed pursuant to section and Security Enhancements Act of 1994 (50 section (f). 103(a)(1)(H) of the Homeland Security Act of U.S.C. 3381). (c) OBJECTIVE.—The objective of the pro- 2002 (6 U.S.C. 113(a)(1)(H)), and in the case of ‘‘(3) To act as head of the National Coun- gram shall be to reduce the risk of regional any support assistance provided by the intel- terintelligence and Security Center estab- or national catastrophic harm caused by a ligence community, the approval of the Di- lished under section 904. cyber attack against covered critical infra- rector of National Intelligence. ‘‘(4) To participate as an observer on such structure. (j) NO NEW REGULATORY AUTHORITY.—Noth- boards, committees, and entities of the exec- (d) VOLUNTARY PARTICIPATION.—Participa- ing in this section may be construed to au- utive branch as the Director of National In- tion in the program by covered critical infra- telligence considers appropriate for the dis- structure shall be on a voluntary basis. thorize the Director of National Intelligence, the Secretary of Homeland Security, or any charge of the mission and functions of the (e) INTELLIGENCE COMMUNITY PARTICIPA- Director and the National Counterintel- TION.— other Federal regulator to promulgate new regulations. ligence and Security Center under section (1) COORDINATION AND MANAGEMENT.—The 904.’’. Under Secretary for Intelligence and Anal- (k) BRIEFING.—Not less frequently than (2) TABLE OF CONTENTS AMENDMENT.—The once each year, the Under Secretary for In- ysis of the Department of Homeland Secu- table of contents in section 1(b) of the Intel- telligence and Analysis shall brief the con- rity shall coordinate and lead the provision ligence Authorization Act for Fiscal Year gressional intelligence committees, the Com- of assistance from appropriate elements of 2003 (Public Law 107–306; 116 Stat. 2383) is mittee on Homeland Security and Govern- the intelligence community to the Under amended by striking the item relating to mental Affairs of the Senate, and Committee Secretary appointed pursuant to section section 902 and inserting the following: 103(a)(1)(H) of the Homeland Security Act of on Homeland Security of the House of Rep- 2002 (6 U.S.C. 113(a)(1)(H)) to assist the na- resentatives on progress and challenges of ‘‘Sec. 902. Director of the National Counter- tional cybersecurity and communications in- the program. intelligence and Security Cen- ter.’’. tegration center established under section (k) CONSTRUCTION.—Nothing in this section 227 of the Homeland Security Act of 2002 (6 may be construed to limit any authority or (3) TECHNICAL EFFECTIVE DATE.—The U.S.C. 148) to fulfill the requirements of this responsibility of an agency or department of amendment made by subsection (a) of sec- section. the United States under any law in effect on tion 401 of the Intelligence Authorization (2) ACTIVITIES.—In the manner required by the date of the enactment of this Act. Act for Fiscal Year 2016 (division M of Public Law 114–113) shall not take effect, or, if the paragraph (1) and subject to the approval of SEC. 313. TECHNICAL CORRECTION TO EXECU- the Under Secretary for Intelligence and TIVE SCHEDULE. date of the enactment of this Act is on or Analysis of the Department of Homeland Se- after the effective date specified in sub- Section 5313 of title 5, United States Code, curity, such assistance may include: section (b) of such section, such amendment is amended by striking the item relating to (A) Activities to develop a national strat- shall be deemed to not have taken effect. ‘‘Director of the National Counter Prolifera- egy to effectively leverage intelligence com- (b) NATIONAL COUNTERINTELLIGENCE AND tion Center.’’. munity resources made available to support SECURITY CENTER.— the program. SEC. 314. MAXIMUM AMOUNT CHARGED FOR DE- (1) IN GENERAL.—Section 904 of the Coun- (B) Activities to consult with the Director CLASSIFICATION REVIEWS. terintelligence Enhancement Act of 2002 (50 of National Intelligence and other appro- In reviewing and processing a request by a U.S.C. 3383) is amended— priate intelligence and law enforcement person for the mandatory declassification of (A) by striking the section heading and in- agencies to identify within the existing information pursuant to Executive Order No. serting ‘‘NATIONAL COUNTERINTELLIGENCE AND framework governing intelligence 13526, a successor executive order, or any SECURITY CENTER.’’; and prioritization, intelligence gaps and foreign provision of law, the head of an element of (B) by striking subsections (a), (b), and (c) intelligence collection requirements relevant the intelligence community— and inserting the following: to the security of covered cyber assets and (1) may not charge the person reproduction ‘‘(a) ESTABLISHMENT.—There shall be a Na- covered critical infrastructure. fees in excess of the amount of fees that the tional Counterintelligence and Security Cen- (C) Activities to improve the detection, head would charge the person for reproduc- ter. prevention, and mitigation of espionage con- tion required in the course of processing a ‘‘(b) HEAD OF CENTER.—The Director of the ducted by foreign actors against or con- request for information under section 552 of National Counterintelligence and Security cerning covered critical infrastructure. title 5, United States Code (commonly re- Center shall be the head of the National (D) Activities to identify or provide assist- ferred to as the ‘‘Freedom of Information Counterintelligence and Security Center. ance related to the research, design, and de- Act’’); and ‘‘(c) LOCATION OF CENTER.—The National velopment of protective and mitigation (2) may waive or reduce any processing fees Counterintelligence and Security Center measures for covered cyber assets and the in the same manner as the head waives or re- shall be located in the Office of the Director components of covered cyber assets. duces fees under such section 552. of National Intelligence.’’.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00144 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7545

(2) FUNCTIONS.—Section 904(d) of the Coun- (A) by striking the section heading and in- Government of any investment described in terintelligence Enhancement Act of 2002 (50 serting ‘‘DIRECTOR OF THE NATIONAL COUNTER- paragraph (1), the Director shall determine U.S.C. 3383(d)) is amended— INTELLIGENCE AND SECURITY CENTER’’; whether such investment will have an oper- (A) in the matter preceding paragraph (1), (B) in subsection (a)— ational impact on the intelligence commu- by striking ‘‘National Counterintelligence (i) by striking the subsection heading and nity, and, if so, shall submit a report on such Executive, the functions of the Office of the inserting ‘‘DIRECTOR OF THE NATIONAL COUN- impact to the Select Committee on Intel- National Counterintelligence Executive’’ and TERINTELLIGENCE AND SECURITY CENTER.—’’; ligence of the Senate and the Permanent Se- inserting ‘‘Director of the National Counter- and lect Committee on Intelligence of the House intelligence and Security Center, the func- (ii) by striking ‘‘National Counterintel- of Representatives. Each such report shall— tions of the National Counterintelligence ligence Executive under section 902 of the ‘‘(A) describe the operational impact of the and Security Center’’; Counterintelligence Enhancement Act of investment on the intelligence community; (B) in paragraph (5), in the matter pre- 2002 (title IX of Public Law 107–306; 50 U.S.C. and ceding subparagraph (A), by striking ‘‘In 402b et seq.)’’ and inserting ‘‘Director of the ‘‘(B) describe any actions that have been or consultation with’’ and inserting ‘‘At the di- National Counterintelligence and Security will be taken to mitigate such impact.’’. rection of’’; and Center appointed under section 902 of the SEC. 403. ASSISTANCE FOR GOVERNMENTAL EN- (C) in paragraph (6), in the matter pre- Counterintelligence Enhancement Act of TITIES AND PRIVATE ENTITIES IN ceding subparagraph (A), by striking ‘‘Of- 2002 (50 U.S.C. 3382)’’; and RECOGNIZING ONLINE VIOLENT EX- fice’’ and inserting ‘‘National Counterintel- (C) in subsection (b), by striking ‘‘National TREMIST CONTENT. ligence and Security Center’’. Counterintelligence Executive’’ and insert- (a) ASSISTANCE TO RECOGNIZE ONLINE VIO- (3) PERSONNEL.—Section 904(f) of the Coun- ing ‘‘Director of the National Counterintel- LENT EXTREMIST CONTENT.—Not later than terintelligence Enhancement Act of 2002 (50 ligence and Security Center’’. 180 days after the date of the enactment of U.S.C. 3383(f)) is amended— (2) TABLE OF CONTENTS AMENDMENT.—The this Act, and consistent with the protection (A) in paragraph (1), by striking ‘‘Office of table of contents in the first section of the of intelligence sources and methods, the Di- the National Counterintelligence Executive National Security Act of 1947 is amended by rector of National Intelligence shall publish may consist of personnel employed by the striking the item relating to section 103F on a publicly available Internet website a Office’’ and inserting ‘‘National Counter- and inserting the following: list of all logos, symbols, insignia, and other markings commonly associated with, or intelligence and Security Center may consist ‘‘Sec. 103F. Director of the National Coun- adopted by, an organization designated by of personnel employed by the Center’’; and terintelligence and Security the Secretary of State as a foreign terrorist (B) in paragraph (2), by striking ‘‘National Center.’’. Counterintelligence Executive’’ and insert- organization under section 219(a) of the Im- (f) COORDINATION OF COUNTERINTELLIGENCE ing ‘‘Director of the National Counterintel- migration and Nationality Act (8 U.S.C. ACTIVITIES.—Section 811 of the Counterintel- ligence and Security Center’’. 1189(a)). ligence and Security Enhancements Act of (b) UPDATES.—The Director shall update (4) TREATMENT OF ACTIVITIES UNDER CER- 1994 (50 U.S.C. 3381) is amended— the list published under subsection (a) every TAIN ADMINISTRATIVE LAWS.—Section 904(g) of (1) in subsection (b), by striking ‘‘National the Counterintelligence Enhancement Act of 180 days or more frequently as needed. Counterintelligence Executive under section 2002 (50 U.S.C. 3383(g)) is amended by striking Subtitle B—Central Intelligence Agency 902 of the Counterintelligence Enhancement ‘‘Office shall be treated as operational files SEC. 411. ENHANCED DEATH BENEFITS FOR PER- Act of 2002’’ and inserting ‘‘Director of the of the Central Intelligence Agency for pur- SONNEL OF THE CENTRAL INTEL- National Counterintelligence and Security poses of section 701 of the National Security LIGENCE AGENCY. Center appointed under section 902 of the Act of 1947 (50 U.S.C. 431)’’ and inserting ‘‘Na- Section 11 of the Central Intelligence Counterintelligence Enhancement Act of tional Counterintelligence and Security Cen- Agency Act of 1949 (50 U.S.C. 3511) is amend- 2002 (50 U.S.C. 3382)’’; ter shall be treated as operational files of the ed to read as follows: (2) in subsection (c)(1), by striking ‘‘Na- Central Intelligence Agency for purposes of ‘‘BENEFITS AVAILABLE IN EVENT OF THE DEATH tional Counterintelligence Executive.’’ and section 701 of the National Security Act of OF PERSONNEL inserting ‘‘Director of the National Counter- 1947 (50 U.S.C. 3141)’’. ‘‘SEC. 11. (a) AUTHORITY.—The Director intelligence and Security Center.’’; and (5) OVERSIGHT BY CONGRESS.—Section 904(h) may pay death benefits substantially similar (3) in subsection (d)(1)(B)(ii)— of the Counterintelligence Enhancement Act to those authorized for members of the For- (A) by striking ‘‘National Counterintel- of 2002 (50 U.S.C. 3383(h)) is amended— eign Service pursuant to the Foreign Service ligence Executive’’ and inserting ‘‘Director (A) in the matter preceding paragraph (1), Act of 1980 (22 U.S.C. 3901 et seq.) or any of the National Counterintelligence and Se- by striking ‘‘Office of the National Counter- other provision of law. The Director may ad- curity Center’’; and intelligence Executive’’ and inserting ‘‘Na- just the eligibility for death benefits as nec- (B) by striking ‘‘by the Office of the Na- tional Counterintelligence and Security Cen- essary to meet the unique requirements of tional Counterintelligence Executive under ter’’; and the mission of the Agency. section 904(e)(2) of that Act’’ and inserting (B) in paragraphs (1) and (2), by striking ‘‘(b) REGULATIONS.—Regulations issued ‘‘pursuant to section 904(d)(2) of that Act (50 ‘‘Office’’ and inserting ‘‘Center’’ both places pursuant to this section shall be submitted U.S.C. 3383(d)(2))’’. that term appears. to the Select Committee on Intelligence of (g) INTELLIGENCE AND NATIONAL SECURITY (6) TABLE OF CONTENTS AMENDMENT.—The the Senate and the Permanent Select Com- ASPECTS OF ESPIONAGE PROSECUTIONS.—Sec- mittee on Intelligence of the House of Rep- table of contents in section 1(b) of the Intel- tion 341(b) of the Intelligence Authorization ligence Authorization Act for Fiscal Year resentatives before such regulations take ef- Act for Fiscal Year 2004 (Public Law 108–177, fect.’’. 2003 (Public Law 107–306; 116 Stat. 2383), as 28 U.S.C. 519 note) is amended by striking amended by subsection (a)(2), is further SEC. 412. PAY AND RETIREMENT AUTHORITIES ‘‘Office of the National Counterintelligence OF THE INSPECTOR GENERAL OF amended by striking the item relating to Executive,’’ and inserting ‘‘National Coun- section 904 and inserting the following: THE CENTRAL INTELLIGENCE AGEN- terintelligence and Security Center,’’. CY. ‘‘Sec. 904. National Counterintelligence and SEC. 402. ANALYSES AND IMPACT STATEMENTS (a) IN GENERAL.—Section 17(e)(7) of the Security Center.’’. BY DIRECTOR OF NATIONAL INTEL- Central Intelligence Agency Act of 1949 (50 (c) OVERSIGHT OF NATIONAL INTELLIGENCE LIGENCE REGARDING INVESTMENT U.S.C. 3517(e)(7)) is amended by adding at the CENTERS.—Section 102A(f)(2) of the National INTO THE UNITED STATES. end the following new subparagraph: Security Act of 1947 (50 U.S.C. 3024(f)(2)) is Section 102A of the National Security Act ‘‘(C)(i) The Inspector General may des- amended by inserting ‘‘, the National of 1947 (50 U.S.C. 3024), as amended by section ignate an officer or employee appointed in Counterproliferation Center, and the Na- 303, is further amended by adding at the end accordance with subparagraph (A) as a law tional Counterintelligence and Security Cen- the following new subsection: enforcement officer solely for purposes of ter’’ after ‘‘National Counterterrorism Cen- ‘‘(z) ANALYSES AND IMPACT STATEMENTS subchapter III of chapter 83 or chapter 84 of ter’’. REGARDING PROPOSED INVESTMENT INTO THE title 5, United States Code, if such officer or (d) DIRECTOR OF THE NATIONAL COUNTER- UNITED STATES.—(1) Not later than 20 days employee is appointed to a position with re- INTELLIGENCE AND SECURITY CENTER WITHIN after the completion of a review or an inves- sponsibility for investigating suspected of- THE OFFICE OF THE DIRECTOR OF NATIONAL IN- tigation of any proposed investment into the fenses against the criminal laws of the TELLIGENCE.—Paragraph (8) of section 103(c) United States for which the Director has pre- United States. of the National Security Act of 1947 (50 pared analytic materials, the Director shall ‘‘(ii) In carrying out clause (i), the Inspec- U.S.C. 3025(c)) is amended to read as follows: submit to the Select Committee on Intel- tor General shall ensure that any authority ‘‘(8) The Director of the National Counter- ligence of the Senate and the Permanent Se- under such clause is exercised in a manner intelligence and Security Center.’’. lect Committee on Intelligence of the House consistent with section 3307 of title 5, United (e) DUTIES OF THE DIRECTOR OF THE NA- of Representative copies of such analytic States Code, as it relates to law enforcement TIONAL COUNTERINTELLIGENCE AND SECURITY materials, including any supplements or officers. CENTER.— amendments to such analysis made by the ‘‘(iii) For purposes of applying sections (1) IN GENERAL.—Section 103F of the Na- Director. 3307(d), 8335(b), and 8425(b) of title 5, United tional Security Act of 1947 (50 U.S.C. 3031) is ‘‘(2) Not later than 60 days after the com- States Code, the Inspector General may exer- amended— pletion of consideration by the United States cise the functions, powers, and duties of an

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00145 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7546 CONGRESSIONAL RECORD — HOUSE December 8, 2016 agency head or appointing authority with re- the Director shall submit to the appropriate (B) the Committee on Armed Services and spect to the Office.’’. congressional committees the plan under the Committee on Foreign Relations of the (b) RULE OF CONSTRUCTION.—Subparagraph paragraph (1). Senate; and (C) of section 17(e)(7) of the Central Intel- (b) INDEPENDENT COST ESTIMATE.—The Di- (C) the Committee on Armed Services and ligence Agency Act of 1949 (50 U.S.C. rector of the Cost Assessment Improvement the Committee on Foreign Affairs of the 3517(e)(7)), as added by subsection (a), may Group of the Office of the Director of Na- House of Representatives. not be construed to confer on the Inspector tional Intelligence, in coordination with the (b) ESTABLISHMENT.—There is established General of the Central Intelligence Agency, Director of Cost Assessment and Program within the executive branch an interagency or any other officer or employee of the Agen- Evaluation, shall certify to the appropriate committee to counter active measures by cy, any police or law enforcement or internal congressional committees that the amounts the Russian Federation to exert covert influ- security functions or authorities. of funds identified under subsection (a)(1)(C) ence. Subtitle C—Other Elements as being necessary to transfer are appro- (c) MEMBERSHIP.— (1) APPOINTMENT.—Each head of an agency SEC. 421. ENHANCING THE TECHNICAL WORK- priate and include funding for positions and FORCE FOR THE FEDERAL BUREAU personnel to support program office costs. or department of the Government set out under paragraph (2) shall appoint one mem- OF INVESTIGATION. (c) WAIVER BASED ON REPORT AND CERTIFI- ber of the committee established by sub- (a) REPORT REQUIRED.—Building on the CATION OF AIR FORCE ACQUISITION PRO- section (b) from among officials of such basic cyber human capital strategic plan GRAM.—The Director of the National Recon- agency or department who occupy a position provided to the congressional intelligence naissance Office may waive the requirement that is required to be appointed by the Presi- committees in 2015, not later than 180 days to develop a plan under subsection (a), if the dent, with the advice and consent of the Sen- after the date of the enactment of this Act Under Secretary of Defense for Acquisition ate. and updated two years thereafter, the Direc- Technology, and Logistics and the Chairman (2) HEAD OF AN AGENCY OR DEPARTMENT.— tor of the Federal Bureau of Investigation of the Joint Chiefs of Staff jointly submit to The head of an agency or department of the shall submit to the congressional intel- the appropriate congressional committees a ligence committees, the Committee on the Government set out under this paragraph are report by not later than July 1, 2017) that the following: Judiciary of the Senate, and the Committee contains— on the Judiciary of the House of Representa- (A) The Director of National Intelligence. (1) a certification that the Secretary of the tives a comprehensive strategic workforce (B) The Secretary of State. Air Force is carrying out a formal acquisi- report regarding initiatives to effectively in- (C) The Secretary of Defense. tion program that has received Milestone A tegrate information technology expertise in (D) The Secretary of the Treasury. approval to address the cloud characteriza- the investigative process. (E) The Attorney General. tion and theater weather imagery require- (b) ELEMENTS.—The report required by sub- (F) The Secretary of Energy. section (a) shall include the following: ments of the Department of Defense; and (G) The Director of the Federal Bureau of (1) An assessment, including measurable (2) an identification of the cost, schedule, Investigation. benchmarks, of progress on initiatives to re- requirements, and acquisition strategy of (H) The head of any other agency or de- cruit, train, and retain personnel with the such acquisition program. partment of the United States Government necessary skills and experiences in vital (d) DEFINITIONS.—In this section: designated by the President for purposes of areas, including encryption, cryptography, (1) APPROPRIATE CONGRESSIONAL COMMIT- this section. and big data analytics. TEES.—The term ‘‘appropriate congressional (d) MEETINGS.—The committee shall meet (2) An assessment of whether officers of the committees’’ means— on a regular basis. Federal Bureau of Investigation who possess (A) the congressional intelligence commit- (e) DUTIES.—The duties of the committee such skills are fully integrated into the Bu- tees; and established by subsection (b) shall be as fol- reau’s work, including Agent-led investiga- (B) the congressional defense committees lows: tions. (as defined in section 101(a)(16) of title 10, (1) To counter active measures by Russia (3) A description of the quality and quan- United States Code). to exert covert influence, including by expos- ing falsehoods, agents of influence, corrup- tity of the collaborations between the Bu- (2) COVERED SPACE-BASED ENVIRONMENTAL tion, human rights abuses, terrorism, and as- reau and private sector entities on cyber MONITORING MISSIONS.—The term ‘‘covered sassinations carried out by the security serv- issues, including the status of efforts to ben- space-based environmental monitoring mis- ices or political elites of the Russian Federa- efit from employees with experience sions’’ means the acquisition programs nec- tion or their proxies. transitioning between the public and private essary to meet the national security require- (2) Such other duties as the President may sectors. ments for cloud characterization and theater designate for purposes of this section. (4) An assessment of the utility of reinsti- weather imagery. (f) STAFF.—The committee established by tuting, if applicable, and leveraging the Di- (3) MILESTONE A APPROVAL.—The term ‘‘Milestone A approval’’ has the meaning subsection (b) may employ such staff as the rector’s Advisory Board, which was origi- members of such committee consider appro- nally constituted in 2005, to provide outside given that term in section 2366a(d) of title 10, United States Code. priate. advice on how to better integrate technical (g) BUDGET REQUEST.—A request for funds expertise with the investigative process and TITLE V—MATTERS RELATING TO required for the functioning of the com- on emerging concerns in cyber-related FOREIGN COUNTRIES mittee established by subsection (b) may be issues. SEC. 501. COMMITTEE TO COUNTER ACTIVE included in each budget for a fiscal year sub- SEC. 422. PLAN ON ASSUMPTION OF CERTAIN MEASURES BY THE RUSSIAN FED- mitted by the President pursuant to section WEATHER MISSIONS BY THE NA- ERATION TO EXERT COVERT INFLU- 1105(a) of title 31, United States Code. TIONAL RECONNAISSANCE OFFICE. ENCE OVER PEOPLES AND GOVERN- (h) ANNUAL REPORT.— (a) PLAN.— MENTS. (1) REQUIREMENT.—Not later than 180 days (1) IN GENERAL.—Except as provided in sub- (a) DEFINITIONS.—In this section: after the date of the enactment of this Act, section (c), the Director of the National Re- (1) ACTIVE MEASURES BY RUSSIA TO EXERT and annually thereafter, and consistent with connaissance Office shall develop a plan for COVERT INFLUENCE.—The term ‘‘active meas- the protection of intelligence sources and the National Reconnaissance Office to ad- ures by Russia to exert covert influence’’ methods, the committee established by sub- dress how to carry out covered space-based means activities intended to influence a per- section (b) shall submit to the appropriate environmental monitoring missions. Such son or government that are carried out in co- committees of Congress a report describing plan shall include— ordination with, or at the behest of, political steps being taken by the committee to (A) a description of the related national se- leaders or the security services of the Rus- counter active measures by Russia to exert curity requirements for such missions; sian Federation and the role of the Russian covert influence. (B) a description of the appropriate manner Federation has been hidden or not acknowl- (2) CONTENT.—Each report required by to meet such requirements; and edged publicly, including the following: paragraph (1) shall include the following: (C) the amount of funds that would be nec- (A) Establishment or funding of a front (A) A summary of the active measures by essary to be transferred from the Air Force group. the Russian Federation to exert covert influ- to the National Reconnaissance Office during (B) Covert broadcasting. ence during the previous year, including sig- fiscal years 2018 through 2022 to carry out (C) Media manipulation. nificant incidents and notable trends. such plan. (D) Disinformation and forgeries. (B) A description of the key initiatives of (2) ACTIVITIES.—In developing the plan (E) Funding agents of influence. the committee. under paragraph (1), the Director may con- (F) Incitement and offensive counterintel- (C) A description of the implementation of duct pre-acquisition activities, including ligence. the committee’s initiatives by the head of an with respect to requests for information, (G) Assassinations. agency or department of the Government set analyses of alternatives, study contracts, (H) Terrorist acts. out under subsection (c)(2). modeling and simulation, and other activi- (2) APPROPRIATE COMMITTEES OF CON- (D) An analysis of the impact of the com- ties the Director determines necessary to de- GRESS.—The term ‘‘appropriate committees mittee’s initiatives. velop such plan. of Congress’’ means— (E) Recommendations for changes to the (3) SUBMISSION.—Not later than July 1, (A) the congressional intelligence commit- committee’s initiatives from the previous 2017, and except as provided in subsection (c), tees; year.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7547

(3) SEPARATE REPORTING REQUIREMENT.— of this Act, the Director of National Intel- TITLE VI—REPORTS AND OTHER The requirement to submit an annual report ligence shall conduct and submit to the ap- MATTERS under paragraph (1) is in addition to any propriate committees of Congress a study to SEC. 601. DECLASSIFICATION REVIEW WITH RE- other reporting requirements with respect to determine the feasibility of creating an in- SPECT TO DETAINEES TRANS- Russia. telligence sharing arrangement and database FERRED FROM UNITED STATES SEC. 502. TRAVEL OF ACCREDITED DIPLOMATIC to provide covered state parties with im- NAVAL STATION, GUANTANAMO BAY, CUBA. AND CONSULAR PERSONNEL OF THE agery that is comparable, delivered more fre- RUSSIAN FEDERATION IN THE (a) IN GENERAL.—For each individual de- UNITED STATES. quently, and in equal or higher resolution tained at United States Naval Station, (a) APPROPRIATE COMMITTEES OF CONGRESS than imagery available through the database Guantanamo Bay, Cuba, who was transferred DEFINED.—In this section, the term ‘‘appro- established under the Open Skies Treaty. or released from United States Naval Sta- priate committees of Congress’’ means— (2) ELEMENTS.—The study required by para- tion, Guantanamo Bay, Cuba, the Director of (1) the congressional intelligence commit- graph (1) shall include an evaluation of the National Intelligence shall— tees; following: (1)(A) complete a declassification review of (2) the Committee on Foreign Relations (A) The methods by which the United intelligence reports regarding past terrorist and the Committee on the Judiciary of the States could collect and provide imagery, in- activities of that individual prepared by the Senate; and cluding commercial satellite imagery, na- National Counterterrorism Center for the in- (3) the Committee on Foreign Affairs and tional technical means, and through other dividual’s Periodic Review Board sessions, the Committee on the Judiciary of the House intelligence, surveillance, and reconnais- transfer, or release; or of Representatives. sance platforms, under an information shar- (B) if the individual’s transfer or release (b) ADVANCE NOTIFICATION REQUIREMENT.— ing arrangement and database referred to in occurred prior to the date on which the Na- The Secretary of State shall, in coordination tional Counterterrorism Center first began paragraph (1). with the Director of the Federal Bureau of to prepare such reports regarding detainees, (B) The ability of other covered state par- Investigation and the Director of National such other intelligence report or reports that ties to contribute imagery to the arrange- Intelligence, establish a mandatory advance contain the same or similar information re- notification regime governing all travel by ment and database. garding the individual’s past terrorist activi- accredited diplomatic and consular per- (C) Any impediments to the United States ties; sonnel of the Russian Federation in the and other covered states parties providing (2) make available to the public— United States and take necessary action to such imagery, including any statutory bar- (A) any intelligence reports declassified as secure full compliance by Russian personnel riers, insufficiencies in the ability to collect a result of the declassification review; and and address any noncompliance. the imagery or funding, under such an ar- (B) with respect to each individual trans- (c) INTERAGENCY COOPERATION.—The Sec- rangement. retary of State, the Director of the Federal ferred or released, for whom intelligence re- Bureau of Investigation, and the Director of (D) Whether imagery of Moscow, ports are declassified as a result of the de- National Intelligence shall develop written Chechnya, the international border between classification review, an unclassified sum- mechanisms to share information— Russia and Georgia, Kaliningrad, or the Re- mary which shall be prepared by the Presi- (1) on travel by accredited diplomatic and public of Belarus could be provided under dent of measures being taken by the country consular personnel of the Russian Federation such an arrangement. to which the individual was transferred or who are in the United States; and (E) The annual and projected costs associ- released to monitor the individual and to (2) on any known or suspected noncompli- ated with the establishment of such an ar- prevent the individual from carrying out fu- ance by such personnel with the regime re- rangement and database, as compared with ture terrorist activities; and quired by subsection (b). costs to the United States and other covered (3) submit to the congressional intelligence (d) QUARTERLY REPORTS.—Not later than 90 state parties of being parties to the Open committees a report setting out the results of the declassification review, including a de- days after the date of the enactment of this Skies Treaty, including Open Skies Treaty scription of intelligence reports covered by Act, and quarterly thereafter, and consistent plane maintenance, aircraft fuel, crew ex- the review that were not declassified. with the protection of intelligence sources penses, mitigation measures necessary asso- and methods— (b) SCHEDULE.— ciated with Russian Federation overflights (1) the Secretary of State shall submit to (1) TRANSFER OR RELEASE PRIOR TO ENACT- over the United States or covered state par- the appropriate committees of Congress a MENT.—Not later than 210 days after the date written report detailing the number of noti- ties, and new sensor development and acqui- of the enactment of this Act, the Director of fications submitted under the regime re- sition. National Intelligence shall submit the report quired by subsection (b); and (3) SUPPORT FROM OTHER FEDERAL AGEN- required by subsection (a)(3), which shall in- (2) the Secretary of State and the Director CIES.—Each head of a Federal agency shall clude the results of the declassification re- of the Federal Bureau of Investigation shall provide such support to the Director as may view completed for each individual detained jointly submit to the appropriate commit- be necessary for the Director to conduct the at United States Naval Station, Guantanamo tees of Congress a written report detailing study required by paragraph (1). Bay, Cuba, who was transferred or released from United States Naval Station, Guanta- the number of known or suspected violations (c) REPORT.— namo Bay, prior to the date of the enact- of such requirements by any accredited dip- (1) REQUIREMENT FOR REPORT.—Not later ment of this Act. lomatic and consular personnel of the Rus- than 180 days after the date of the enactment sian Federation. (2) TRANSFER OR RELEASE AFTER ENACT- of this Act, the Director of National Intel- MENT.—Not later than 120 days after the date SEC. 503. STUDY AND REPORT ON ENHANCED IN- ligence shall submit to the appropriate com- TELLIGENCE AND INFORMATION an individual detained at United States SHARING WITH OPEN SKIES TREATY mittees of Congress the report described in Naval Station, Guantanamo Bay, on or after MEMBER STATES. this subsection. the date of the enactment of this Act is (a) DEFINITIONS.—In this section: (2) CONTENT OF REPORT.—The report re- transferred or released from United States (1) APPROPRIATE COMMITTEES OF CON- quired by paragraph (1) shall include the fol- Naval Station, Guantanamo Bay, the Direc- GRESS.—The term ‘‘appropriate committees lowing: tor shall submit the report required by sub- of Congress’’ means— (A) An intelligence assessment on Russian section (a)(3) for such individual. (A) congressional intelligence committees; Federation warfighting doctrine and the ex- (c) PAST TERRORIST ACTIVITIES.—For pur- (B) the Committee on Armed Services and tent to which Russian Federation flights poses of this section, the past terrorist ac- the Committee on Foreign Relations of the under the Open Skies Treaty contribute to tivities of an individual shall include all ter- Senate; and such doctrine. rorist activities conducted by the individual (C) the Committee on Armed Services and (B) A counterintelligence analysis as to before the individual’s transfer to the deten- tion facility at United States Naval Station, the Committee on Foreign Affairs of the whether the Russian Federation has, could House of Representatives. Guantanamo Bay, including, at a minimum, have, or intends to have the capability to ex- (2) COVERED STATE PARTY.—The term ‘‘cov- the following: ceed the imagery limits set forth in the Open ered state party’’ means a foreign country, (1) The terrorist organization, if any, with Skies Treaty. that— which affiliated. (A) was a state party to the Open Skies (C) A list of intelligence exchanges with (2) The terrorist training, if any, received. Treaty on February 22, 2016; and covered state parties that have been updated (3) The role in past terrorist attacks (B) is not the Russian Federation or the on the information described in subpara- against United States interests or allies. Republic of Belarus. graphs (A) and (B) and the date and form (4) The direct responsibility, if any, for the (3) OPEN SKIES TREATY.—The term ‘‘Open such information was provided. death of United States citizens or members Skies Treaty’’ means the Treaty on Open (d) FORM OF SUBMISSION.—The study re- of the Armed Forces. Skies, done at Helsinki March 24, 1992, and quired by subsection (b) and the report re- (5) Any admission of any matter specified in paragraphs (1) through (4). entered into force January 1, 2002. quired by subsection (c) shall be submitted (b) FEASIBILITY STUDY.— (6) A description of the intelligence sup- in an unclassified form but may include a (1) REQUIREMENT FOR STUDY.—Not later porting any matter specified in paragraphs than 180 days after the date of the enactment classified annex. (1) through (5), including the extent to which

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00147 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7548 CONGRESSIONAL RECORD — HOUSE December 8, 2016 such intelligence was corroborated, the level ‘‘(4) Amounts in the Fund shall be avail- SEC. 605. LEADERSHIP AND MANAGEMENT OF of confidence held by the intelligence com- able without fiscal year limitation.’’. SPACE ACTIVITIES. (a) APPROPRIATE COMMITTEES OF CONGRESS munity, and any dissent or reassessment by (b) CLERICAL AMENDMENT.—The table of DEFINED.—In this section, the term ‘‘appro- an element of the intelligence community. sections at the beginning of chapter 449 of priate committees of Congress’’ means the SEC. 602. CYBER CENTER FOR EDUCATION AND title 10, United States Code, is amended by congressional intelligence committees, the INNOVATION-HOME OF THE NA- adding at the end the following new item: TIONAL CRYPTOLOGIC MUSEUM. Committee on Armed Services of the Senate, (a) AUTHORITY TO ESTABLISH AND OPERATE ‘‘4781. Cyber Center for Education and Inno- and the Committee on Armed Services of the CENTER.—Chapter 449 of title 10, United vation-Home of the National House of Representatives. States Code, is amended by adding at the end Cryptologic Museum.’’. (b) UPDATE TO STRATEGY FOR COMPREHEN- SIVE INTERAGENCY REVIEW OF THE UNITED the following new section: SEC. 603. REPORT ON NATIONAL SECURITY SYS- STATES NATIONAL SECURITY OVERHEAD SAT- ‘‘§ 4781. Cyber Center for Education and Inno- TEMS. ELLITE ARCHITECTURE.—Not later than 180 vation-Home of the National Cryptologic (a) APPROPRIATE COMMITTEES OF CONGRESS days after the date of the enactment of this Museum DEFINED.—In this section, the term ‘‘appro- Act, the Director of National Intelligence, in ‘‘(a) ESTABLISHMENT.—(1) The Secretary of priate committees of Congress’’ means— consultation with the Secretary of Defense Defense may establish at a publicly acces- (1) the congressional intelligence commit- and the Chairman of the Joint Chiefs of sible location at Fort George G. Meade the tees; Staff, shall issue a written update to the ‘Cyber Center for Education and Innovation- (2) the Committee on Appropriations and strategy required by section 312 of the Intel- Home of the National Cryptologic Museum’ the Committee on Armed Services of the ligence Authorization Act for Fiscal Year (in this section referred to as the ‘Center’). Senate; and 2016 (division M of Public Law 114–113; 129 ‘‘(2) The Center may be used for the identi- (3) the Committee on Appropriations and Stat. 2919). fication, curation, storage, and public view- the Committee on Armed Services of the (c) UNITY OF EFFORT IN SPACE OPERATIONS ing of materials relating to the activities of House of Representatives. BETWEEN THE INTELLIGENCE COMMUNITY AND the National Security Agency, its prede- (b) REPORT.—Not later than 120 days after DEPARTMENT OF DEFENSE.— cessor or successor organizations, and the the date of the enactment of this Act, and (1) REQUIREMENT FOR PLAN.—Not later than history of cryptology. annually thereafter, the Director of the Na- 180 days after the date of the enactment of ‘‘(3) The Center may contain meeting, con- tional Security Agency, in coordination with this Act, the Director of National Intel- ference, and classroom facilities that will be the Secretary of Defense and the Chairman ligence, in consultation with the Secretary used to support such education, training, of the Joint Chiefs of Staff, shall submit to of Defense, shall submit to the appropriate public outreach, and other purposes as the the appropriate committees of Congress a re- committees of Congress a plan to function- Secretary considers appropriate. port on national security systems. ally integrate the governance, operations, ‘‘(b) DESIGN, CONSTRUCTION, AND OPER- analysis, collection, policy, and acquisition (c) CONTENT.—Each report submitted under ATION.—The Secretary may enter into an activities related to space and counterspace subsection (b) shall include information re- agreement with the National Cryptologic carried out by the intelligence community. lated to— Museum Foundation (in this section referred The plan shall include analysis of no fewer (1) national security systems or compo- to as the ‘Foundation’), a nonprofit organiza- than 2 alternative constructs to implement tion, for the design, construction, and oper- nents thereof that have been decertified and this plan, and an assessment of statutory, ation of the Center. are still in operational use; policy, organizational, programmatic, and ‘‘(c) ACCEPTANCE AUTHORITY.—(1) If the (2) extension requests and the current sta- resources changes that may be required to Foundation constructs the Center pursuant tus of any national security systems still in implement each alternative construct. use or components thereof that have been de- to an agreement with the Foundation under (2) APPOINTMENT BY THE DIRECTOR OF NA- subsection (b), upon satisfactory completion certified and are still in use; TIONAL INTELLIGENCE.—Not later than 30 days of the Center’s construction or any phase (3) national security systems known to not after the date of the enactment of this Act, thereof, as determined by the Secretary, and be in compliance with the policies, prin- the Director of National Intelligence, in con- upon full satisfaction by the Foundation of ciples, standards, and guidelines issued by sultation with the Secretary of Defense, any other obligations pursuant to such the Committee on National Security Sys- shall appoint a single official to oversee de- agreement, the Secretary may accept the tems established pursuant to National Secu- velopment of the plan required by paragraph Center (or any phase thereof) from the Foun- rity Directive 42, signed by the President on (1). dation, and all right, title, and interest in July 5, 1990; and (3) SCOPE OF PLAN.—The plan required by the Center or such phase shall vest in the (4) organizations which have not provided paragraph (1) shall include methods to func- United States. access or information to the Director of the tionally integrate activities carried out by— ‘‘(2) Notwithstanding section 1342 of title National Security Agency that is adequate (A) the National Reconnaissance Office; 31, the Secretary may accept services from to enable the Director to make a determina- (B) the functional managers for signals in- the Foundation in connection with the de- tion as to whether such organizations are in telligence and geospatial intelligence; sign construction, and operation of the Cen- compliance with the policies, principles, (C) the Office of the Director of National ter. For purposes of this section and any standards, and guidelines issued by such Intelligence; other provision of law, employees or per- Committee on National Security Systems. (D) other Intelligence Community ele- sonnel of the Foundation shall not be consid- SEC. 604. JOINT FACILITIES CERTIFICATION. ments with space-related programs; ered to be employees of the United States. (E) joint interagency efforts; and (a) FINDINGS.—Congress finds the fol- ‘‘(d) FEES AND USER CHARGES.—(1) The Sec- lowing: (F) other entities as identified by the Di- retary may assess fees and user charges to (1) The Director of National Intelligence rector of National Intelligence in coordina- cover the cost of the use of Center facilities set a strategic goal to use joint facilities as tion with the Secretary of Defense. and property, including rental, user, con- (d) INTELLIGENCE COMMUNITY SPACE WORK- a means to save costs by consolidating ad- ference, and concession fees. FORCE.—Not later than 180 days after the ministrative and support functions across ‘‘(2) Amounts received under paragraph (1) date of the enactment of this Act, the Direc- multiple elements of the intelligence com- shall be deposited into the fund established tor of National Intelligence shall submit to under subsection (e). munity. the congressional intelligence committees a (2) The use of joint facilities provides more ‘‘(e) FUND.—(1) Upon the Secretary’s ac- workforce plan to recruit, develop, and re- ceptance of the Center under subsection opportunities for operational collaboration tain personnel in the intelligence commu- (c)(1)) there is established in the Treasury a and information sharing among elements of nity with skills and experience in space and fund to be known as the ‘Cyber Center for the intelligence community. counterspace operations, analysis, collec- Education and Innovation-Home of the Na- (b) CERTIFICATION.—Before an element of tion, policy, and acquisition. tional Cryptologic Museum Fund’ (in this the intelligence community purchases, (e) JOINT INTERAGENCY COMBINED SPACE OP- subsection referred to as the ‘Fund’). leases, or constructs a new facility that is ERATIONS CENTER.— ‘‘(2) The Fund shall consist of the following 20,000 square feet or larger, the head of that (1) SUBMISSION TO CONGRESS.—The Director amounts: element of the intelligence community shall of the National Reconnaissance Office and ‘‘(A) Fees and user charges deposited by submit to the Director of National Intel- the Commander of the United States Stra- the Secretary under subsection (d). ligence— tegic Command, in consultation with the Di- ‘‘(B) Any other amounts received by the (1) a written certification that, to the best rector of National Intelligence, the Under Secretary which are attributable to the oper- of the knowledge of the head of such ele- Secretary of Defense for Intelligence, and ation of the Center. ment, all prospective joint facilities in the the Chairman of the Joint Chiefs of Staff, ‘‘(3) Amounts in the Fund shall be avail- vicinity have been considered and the ele- shall submit to the appropriate committees able to the Secretary for the benefit and op- ment is unable to identify a joint facility of Congress concept of operations and re- eration of the Center, including the costs of that meets the operational requirements of quirements documents for the Joint Inter- operation and the acquisition of books, such element; and agency Combined Space Operations Center manuscripts, works of art, historical arti- (2) a written statement listing the reasons by the date that is the earlier of— facts, drawings, plans, models, and con- for not participating in the prospective joint (A) the completion of the experimental demned or obsolete combat materiel. facilities considered by the element. phase of such Center; or

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00148 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7549 (B) 30 days after the date of the enactment (4) A study of whether the classification (1) An assessment of the actions each ele- of this Act. level of ‘‘confidential’’ could be eliminated ment of the intelligence community has (2) QUARTERLY BRIEFINGS.—The Director of within agency-generated classification completed to implement the recommenda- the National Reconnaissance Office and the guides from use by elements of the intel- tions made by the National Commission for Commander of the United States Strategic ligence community and any negative im- the Review of the Research and Development Command, in coordination with the Director pacts that elimination could have on mission Programs of the United States Intelligence of National Intelligence and Under Secretary success. Community established under section 1002 of of Defense for Intelligence, shall provide to (b) REPORTS AND BRIEFINGS TO CONGRESS.— the Intelligence Authorization Act for Fiscal the appropriate committees of Congress (1) PROGRESS REPORT.—Not later than 30 Year 2003 (Public Law 107–306; 50 U.S.C. 3001 briefings providing updates on activities and days after the date of the enactment of this note). progress of the Joint Interagency Combined Act, the Director of National Intelligence (2) An analysis of the balance between Space Operations Center to begin 30 days shall submit a report to the congressional in- short-, medium-, and long-term research ef- after the date of the enactment of this Act. telligence committees and provide the con- forts carried out by each element of the in- Such briefings shall be quarterly for the first gressional intelligence committees a briefing telligence community. year following enactment, and annually on the progress of the elements of the intel- SEC. 610. REPORT ON INTELLIGENCE COMMU- thereafter. ligence community in producing the covered NITY RESEARCH AND DEVELOP- SEC. 606. ADVANCES IN LIFE SCIENCES AND BIO- studies. MENT CORPS. TECHNOLOGY. (2) FINAL REPORT.—Not later than the ear- Not later than 120 days after the date of (a) REQUIREMENT FOR PLAN.—Not later lier of 120 days after the date of the enact- the enactment of this Act, the Director of than 180 days after the date of the enactment ment of this Act or June 30, 2017, the Direc- National Intelligence shall submit to the of this Act, the Director of National Intel- tor of National Intelligence shall submit a congressional intelligence committees a re- ligence shall brief the congressional intel- report and provide a briefing to the congres- port and provide a briefing on a plan, with ligence committees on a proposed plan to sional intelligence committees on— milestones and benchmarks, to implement monitor advances in life sciences and bio- (A) the final versions of the covered studies an Intelligence Community Research and technology to be carried out by the Director. that have been provided to the Director by Development Corps, as recommended in the (b) CONTENTS OF PLAN.—The plan required the elements of the intelligence community; by subsection (a) shall include— Report of the National Commission for the and Review of the Research and Development (1) a description of the approach the ele- (B) a plan for implementation of each ini- ments of the intelligence community will Programs of the United States Intelligence tiative included in each such covered study. Community, including an assessment— take to make use of organic life science and SEC. 608. IMPROVEMENT IN GOVERNMENT CLAS- biotechnology expertise within and outside (1) of the funding and modification to ex- SIFICATION AND DECLASSIFICA- isting authorities needed to allow for the im- the intelligence community on a routine and TION. plementation of such Corps; and contingency basis; (a) REVIEW OF GOVERNMENT CLASSIFICATION (2) of additional legislative authorities, if (2) an assessment of the current collection AND DECLASSIFICATION.—Not later than 180 and analytical posture of the life sciences days after the date of the enactment of this any, necessary to undertake such implemen- and biotechnology portfolio as it relates to Act, the Director of National Intelligence tation. United States competitiveness and the glob- shall— SEC. 611. REPORT ON INFORMATION RELATING al bio-economy, the risks and threats evolv- (1) review the system by which the Govern- TO ACADEMIC PROGRAMS, SCHOL- ing with advances in genetic editing tech- ment classifies and declassifies information; ARSHIPS, FELLOWSHIPS, AND IN- (2) develop recommendations— TERNSHIPS SPONSORED, ADMINIS- nologies, and the implications of such ad- TERED, OR USED BY THE INTEL- vances on future biodefense requirements; (A) to make such system a more effective LIGENCE COMMUNITY. and tool for the protection of information relat- (a) REPORT.—Not later than 120 days after ing to national security; (3) an analysis of organizational require- the date of the enactment of this Act, the (B) to improve the sharing of information ments and responsibilities, including poten- Director of National Intelligence shall sub- with partners and allies of the Government; tially creating new positions. mit to the congressional intelligence com- (c) REPORT TO CONGRESS.—Not later than and mittees a report by the intelligence commu- 180 days after the date of the enactment of (C) to support the appropriate declassifica- nity regarding covered academic programs. this Act, the Director of National Intel- tion of information; and Such report shall include— ligence shall submit to the congressional in- (3) submit to the congressional intelligence (1) a description of the extent to which the telligence committees, the Committee on committees a report with— Director and the heads of the elements of the Armed Services of the Senate, and the Com- (A) the findings of the Director with re- intelligence community independently col- mittee on Armed Services of the House of spect to the review conducted under para- lect information on covered academic pro- Representatives a report and provide a brief- graph (1); and grams, including with respect to— ing on the role of the intelligence commu- (B) the recommendations developed under (A) the number of applicants for such pro- nity in the event of a biological attack on paragraph (2). grams; the United States, including an assessment (b) ANNUAL CERTIFICATION OF CONTROLLED (B) the number of individuals who have of the capabilities and gaps in technical ca- ACCESS PROGRAMS.— participated in such programs; and pabilities that exist to address the potential (1) IN GENERAL.—Not less frequently than circumstance of a novel unknown pathogen. once each year, the Director of National In- (C) the number of individuals who have SEC. 607. REPORTS ON DECLASSIFICATION PRO- telligence shall certify in writing to the con- participated in such programs and were hired POSALS. gressional intelligence committees whether by an element of the intelligence community (a) COVERED STUDIES DEFINED.—In this sec- the creation, validation, or substantial modi- after completing such program; tion, the term ‘‘covered studies’’ means the fication, including termination, for all exist- (2) to the extent that the Director and the studies that the Director of National Intel- ing and proposed controlled access programs, heads independently collect the information ligence requested that the elements of the and the compartments and subcompartments described in paragraph (1), a chart, table, or intelligence community produce in the within each, are substantiated and justified other compilation illustrating such informa- course of producing the fundamental classi- based on the information required by para- tion for each covered academic program and fication guidance review for fiscal year 2017 graph (2). element of the intelligence community, as appropriate, during the three-year period required by Executive Order No. 13526 (50 (2) INFORMATION REQUIRED.—Each certifi- U.S.C. 3161 note), as follows: cation pursuant to paragraph (1) shall in- preceding the date of the report; and (1) A study of the feasibility of reducing clude— (3) to the extent that the Director and the the number of original classification au- (A) the rationale for the revalidation, vali- heads do not independently collect the infor- thorities in each element of the intelligence dation, or substantial modification, includ- mation described in paragraph (1) as of the community to the minimum number re- ing termination, of each controlled access date of the report— quired and any negative impacts that reduc- program, compartment and subcompart- (A) whether the Director and the heads can tion could have on mission capabilities. ment; begin collecting such information during fis- (2) A study of the actions required to im- (B) the identification of a control officer cal year 2017; and plement a proactive discretionary declas- for each controlled access program; and (B) the personnel, tools, and other re- sification program distinct from the system- (C) a statement of protection requirements sources required by the Director and the atic, automatic, and mandatory declassifica- for each controlled access program. heads to independently collect such informa- tion. tion review programs outlined in part 2001 of SEC. 609. REPORT ON IMPLEMENTATION OF RE- title 32, Code of Federal Regulations, includ- SEARCH AND DEVELOPMENT REC- (b) COVERED ACADEMIC PROGRAMS DE- ing section 2001.35 of such part. OMMENDATIONS. FINED.—In this section, the term ‘‘covered (3) A study of the benefits and drawbacks Not later than 120 days after the date of academic programs’’ means— of implementing a single classification guide the enactment of this Act, the Director of (1) the Federal Cyber Scholarship-for-Serv- that could be used by all elements of the in- National Intelligence shall submit to the ice Program under section 302 of the Cyber- telligence community in the nonoperational congressional intelligence committees a re- security Enhancement Act of 2014 (15 U.S.C. and more common areas of such elements. port that includes the following: 7442);

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00149 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7550 CONGRESSIONAL RECORD — HOUSE December 8, 2016 (2) the National Security Education Pro- (G) the Committee on Appropriations. rity to counter the narratives of the Islamic gram under the David L. Boren National Se- SEC. 614. REPORT ON CYBERSECURITY THREATS State and other extremist groups. TO SEAPORTS OF THE UNITED curity Education Act of 1991 (50 U.S.C. 1901 et (c) APPROPRIATE CONGRESSIONAL COMMIT- STATES AND MARITIME SHIPPING. seq.); TEES DEFINED.—In this section, the term (3) the Science, Mathematics, and Re- (a) REPORT.—Not later than 180 days after the date of the enactment of this Act, the ‘‘appropriate congressional committees’’ search for Transformation Defense Edu- means— cation Program under section 2192a of title Under Secretary of Homeland Security for Intelligence and Analysis, in consultation (1) the congressional intelligence commit- 10, United States Code; tees; (4) the National Centers of Academic Ex- with the Director of National Intelligence, and consistent with the protection of sources (2) the Committee on Homeland Security cellence in Information Assurance and Cyber and Governmental Affairs and the Com- Defense of the National Security Agency and and methods, shall submit to the appropriate congressional committees a report on the cy- mittee on the Judiciary of the Senate; and the Department of Homeland Security; and (3) the Committee on Homeland Security (5) any other academic program, scholar- bersecurity threats to, and the cyber vulnerabilities within, the software, commu- and the Committee on the Judiciary of the ship program, fellowship program, or intern- House of Representatives. ship program sponsored, administered, or nications networks, computer networks, or used by an element of the intelligence com- other systems employed by— SEC. 616. REPORT ON REPRISALS AGAINST CON- munity. (1) entities conducting significant oper- TRACTORS OF THE INTELLIGENCE ations at seaports in the United States; COMMUNITY. SEC. 612. REPORT ON INTELLIGENCE COMMU- (2) the maritime shipping concerns of the NITY EMPLOYEES DETAILED TO NA- (a) REPORT.—Not later than 180 days after TIONAL SECURITY COUNCIL. United States; and the date of the enactment of this Act, the In- Not later than 60 days after the date of the (3) entities conducting significant oper- spector General of the Intelligence Commu- enactment of this Act, the Director of Na- ations at transshipment points in the United nity, consistent with the protection of tional Intelligence shall submit to the con- States. sources and methods, shall submit to the (b) MATTERS INCLUDED.—The report under gressional intelligence committees a report, congressional intelligence committees a re- subsection (a) shall include the following: in writing, listing, by year, the number of port on reprisals made against covered con- (1) A description of any recent and signifi- employees of an element of the intelligence tractor employees. community who have been detailed to the cant cyberattacks or cybersecurity threats National Security Council during the 10-year directed against software, communications (b) ELEMENTS.—The report under sub- period preceding the date of the report. Such networks, computer networks, or other sys- section (a) shall include the following: report may be submitted in classified form. tems employed by the entities and concerns (1) Identification of the number of known or claimed reprisals made against covered SEC. 613. INTELLIGENCE COMMUNITY REPORT- described in paragraphs (1) through (3) of ING TO CONGRESS ON FOREIGN subsection (a). contractor employees during the 3-year pe- FIGHTER FLOWS. (2) An assessment of— riod preceding the date of the report and any (a) REPORTS REQUIRED.—Not later than 60 (A) any planned cyberattacks directed evaluation of such reprisals. days after the date of the enactment of this against such software, networks, and sys- (2) An evaluation of the usefulness of es- Act, and every 180 days thereafter, the Direc- tems; tablishing a prohibition on reprisals against tor of National Intelligence, consistent with (B) any significant vulnerabilities to such covered contractor employees as a means of the protection of intelligence sources and software, networks, and systems; and encouraging such contractors to make pro- methods, shall submit to the appropriate (C) how such entities and concerns are tected disclosures. congressional committees a report on for- mitigating such vulnerabilities. (3) A description of any challenges associ- eign fighter flows to and from terrorist safe (3) An update on the status of the efforts of ated with establishing such a prohibition, in- havens abroad. the Coast Guard to include cybersecurity cluding with respect to the nature of the re- (b) CONTENTS.—Each report submitted concerns in the National Response Frame- lationship between the Federal Government, under subsection (a) shall include, with re- work, Emergency Support Functions, or the contractor, and the covered contractor spect to each terrorist safe haven, the fol- both, relating to the shipping or ports of the employee. lowing: United States. (4) A description of any approaches taken (1) The total number of foreign fighters (c) APPROPRIATE CONGRESSIONAL COMMIT- by the Federal Government to account for who have traveled or are suspected of having TEES DEFINED.—In this section, the term reprisals against non-intelligence commu- traveled to the terrorist safe haven since ‘‘appropriate congressional committees’’ nity contractors who make protected disclo- 2011, including the countries of origin of such means— sures, including pursuant to section 2409 of foreign fighters. (1) the congressional intelligence commit- title 10, United States Code, and sections (2) The total number of United States citi- tees; 4705 and 4712 of title 41, United States Code. zens present in the terrorist safe haven. (2) the Committee on Homeland Security (5) Any recommendations the Inspector (3) The total number of foreign fighters and Governmental Affairs and the Com- General determines appropriate. who have left the terrorist safe haven or mittee on Commerce, Science, and Transpor- (c) DEFINITIONS.—In this section: whose whereabouts are unknown. tation of the Senate; and (1) COVERED CONTRACTOR EMPLOYEE.—The (c) FORM.—The reports submitted under (3) the Committee on Homeland Security term ‘‘covered contractor employee’’ means subsection (a) may be submitted in classified and the Committee on Transportation and an employee of a contractor of an element of form. If such a report is submitted in classi- Infrastructure of the House of Representa- the intelligence community. fied form, such report shall also include an tives. (2) REPRISAL.—The term ‘‘reprisal’’ means unclassified summary. SEC. 615. REPORT ON PROGRAMS TO COUNTER the discharge or other adverse personnel ac- (d) SUNSET.—The requirement to submit TERRORIST NARRATIVES. tion made against a covered contractor em- reports under subsection (a) shall terminate (a) REPORT.—Not later than 60 days after ployee for making a disclosure of informa- on the date that is two years after the date the date of the enactment of this Act, the tion that would be a disclosure protected by of the enactment of this Act. Secretary of Homeland Security shall sub- law if the contractor were an employee of (e) APPROPRIATE CONGRESSIONAL COMMIT- mit to the appropriate congressional com- the Federal Government. TEES DEFINED.—In this section, the term mittees a report on the programs of the De- ‘‘appropriate congressional committees’’ partment of Homeland Security to counter The bill was ordered to be engrossed means— the narratives of the Islamic State and other and read a third time, was read the (1) in the Senate— extremist groups. third time, and passed, and a motion to (A) the Committee on Armed Services; (b) ELEMENTS.—The report under sub- (B) the Select Committee on Intelligence; section (a) shall include the following: reconsider was laid on the table. (C) the Committee on the Judiciary; (1) A description of whether, and to what (D) the Committee on Homeland Security extent, the Secretary, in carrying out pro- f and Governmental Affairs; grams to counter the narratives of the Is- (E) the Committee on Banking, Housing, lamic State and other extremist groups, GENERAL LEAVE and Urban Affairs; consults or coordinates with the Secretary of (F) the Committee on Foreign Relations; State regarding the counter-messaging ac- Mr. NUNES. Mr. Speaker, I ask unan- and tivities undertaken by the Department of imous consent that all Members may (G) the Committee on Appropriations; and State with respect to the Islamic State and (2) in the House of Representatives— other extremist groups, including counter- have 5 legislative days to submit state- (A) the Committee on Armed Services; messaging activities conducted by the Glob- ments and extraneous materials for the (B) the Permanent Select Committee on al Engagement Center of the Department of RECORD on H.R. 6480. Intelligence; State. The SPEAKER pro tempore. Is there (C) the Committee on the Judiciary; (2) Any criteria employed by the Secretary objection to the request of the gen- (D) the Committee on Homeland Security; of Homeland Security for selecting, devel- tleman from California? (E) the Committee on Financial Services; oping, promulgating, or changing the pro- (F) the Committee on Foreign Affairs; and grams of the Department of Homeland Secu- There was no objection.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00150 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.044 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7551 ADJOURNMENT FROM THURSDAY, House for 1 minute and to revise and exhibition or display of such work entered DECEMBER 8, 2016, TO MONDAY, extend his remarks.) into between a foreign state that is the DECEMBER 12, 2016 Mr. CARTER of Georgia. Mr. Speak- owner or custodian of such work and the er, I rise today in honor of Lieutenant United States or one or more cultural or Mr. NUNES. Mr. Speaker, I ask unan- educational institutions within the United imous consent that when the House ad- John Cain of the Savannah-Chatham States; journs today, it adjourn to meet at 3 Metropolitan Police Department, who ‘‘(B) the President, or the President’s des- p.m. on Monday, December 12, 2016. passed away on Sunday, December 4, ignee, has determined, in accordance with The SPEAKER pro tempore. Is there after a hard-fought battle against pan- subsection (a) of Public Law 89–259 (22 U.S.C. objection to the request of the gen- creatic cancer. 2459(a)), that such work is of cultural signifi- tleman from California? Lieutenant Cain dedicated 27 years of cance and the temporary exhibition or dis- There was no objection. his life to Savannah’s police depart- play of such work is in the national interest; ment, and most recently worked in the and f Southside Precinct. There, he was hon- ‘‘(C) the notice thereof has been published in accordance with subsection (a) of Public APPOINTMENT OF INDIVIDUAL TO ored as the precinct’s Supervisor of the THE COMMISSION ON INTER- Law 89–259 (22 U.S.C. 2459(a)), Year for 2015. Because of his dedica- any activity in the United States of such for- NATIONAL RELIGIOUS FREEDOM tion, and all of his outstanding accom- eign state, or of any carrier, that is associ- The SPEAKER pro tempore. The plishments for the police department, ated with the temporary exhibition or dis- Chair announces the Speaker’s ap- he was promoted to lieutenant in No- play of such work shall not be considered to pointment, pursuant to section 201(b) vember before officially retiring. be commercial activity by such foreign state of the International Religious Freedom Amongst all of his efforts to help the for purposes of subsection (a)(3). Act of 1998 (22 U.S.C. 6431) and the Savannah community, one clearly ‘‘(2) EXCEPTIONS.— stands out in many people’s minds. In ‘‘(A) NAZI-ERA CLAIMS.—Paragraph (1) shall order of the House of January 6, 2015, of not apply in any case asserting jurisdiction the following individual on the part of 2015, Savannah newspapers published a under subsection (a)(3) in which rights in the House to the Commission on Inter- photo of Lieutenant Cain helping a property taken in violation of international national Religious Freedom for a term marathon runner, who had fallen about law are in issue within the meaning of that ending May 14, 2018: 200 yards from the finish line at the subsection and— Dr. Tenzin Dorjee, Fullerton, Cali- Rock ‘n’ Roll Marathon. Lieutenant ‘‘(i) the property at issue is the work de- fornia, to succeed Ms. Hannah Rosen- Cain rushed to his side and helped him scribed in paragraph (1); thal to cross the finish line. The runner was ‘‘(ii) the action is based upon a claim that participating in the race in honor of such work was taken in connection with the f acts of a covered government during the cov- his father, who had recently passed b 1430 ered period; away of cancer, and desperately wanted ‘‘(iii) the court determines that the activ- APPOINTMENT OF INDIVIDUAL TO to finish for him. ity associated with the exhibition or display THE NATIONAL ADVISORY COM- The runner said: ‘‘Lieutenant Cain is commercial activity, as that term is de- MITTEE ON INSTITUTIONAL meant a lot to me, and not just for fined in section 1603(d); and QUALITY AND INTEGRITY helping me then. He was inspiring. He ‘‘(iv) a determination under clause (iii) is necessary for the court to exercise jurisdic- The SPEAKER pro tempore. The was a hero to me.’’ Lieutenant John Cain was inspiring tion over the foreign state under subsection Chair announces the Speaker’s ap- (a)(3). to us all, and I urge everyone to learn pointment, pursuant to 20 U.S.C. 1011c ‘‘(B) OTHER CULTURALLY SIGNIFICANT and the order of the House of January from his great life. WORKS.—In addition to cases exempted under 6, 2015, of the following individual on f subparagraph (A), paragraph (1) shall not apply in any case asserting jurisdiction the part of the House to the National FOREIGN CULTURAL EXCHANGE Advisory Committee on Institutional under subsection (a)(3) in which rights in JURISDICTIONAL IMMUNITY property taken in violation of international Quality and Integrity to fill the exist- CLARIFICATION ACT law are in issue within the meaning of that ing vacancy thereon: subsection and— Upon the recommendation of the ma- Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent to take from the ‘‘(i) the property at issue is the work de- jority leader: scribed in paragraph (1); Mr. Brian Jones, Washington, D.C. Speaker’s table the bill (H.R. 6477) to ‘‘(ii) the action is based upon a claim that amend chapter 97 of title 28, United f such work was taken in connection with the States Code, to clarify the exception to acts of a foreign government as part of a sys- COMMUNICATION FROM THE foreign sovereign immunity set forth tematic campaign of coercive confiscation or DEMOCRATIC LEADER in section 1605(a)(3) of such title, and misappropriation of works from members of ask for its immediate consideration in a targeted and vulnerable group; The SPEAKER pro tempore laid be- ‘‘(iii) the taking occurred after 1900; fore the House the following commu- the House. The Clerk read the title of the bill. ‘‘(iv) the court determines that the activ- nication from the Honorable NANCY ity associated with the exhibition or display PELOSI, Democratic Leader: The SPEAKER pro tempore. Is there is commercial activity, as that term is de- objection to the request of the gen- DECEMBER 7, 2016. fined in section 1603(d); and Hon. PAUL D. RYAN, tleman from Virginia? ‘‘(v) a determination under clause (iv) is Speaker of the House, U.S. Capitol, There was no objection. necessary for the court to exercise jurisdic- Washington, DC. The text of the bill is as follows: tion over the foreign state under subsection DEAR MR. SPEAKER: Pursuant to section 4 H.R. 6477 (a)(3). of the Virgin Islands of the United States ‘‘(3) DEFINITIONS.—For purposes of this sub- Be it enacted by the Senate and House of Rep- Centennial Commission Act (Pub. L. 114–224), section— resentatives of the United States of America in I am pleased to appoint the following indi- ‘‘(A) the term ‘work’ means a work of art Congress assembled, vidual to the Virgin Islands of the United or other object of cultural significance; States Centennial Commission. SECTION 1. SHORT TITLE. ‘‘(B) the term ‘covered government’ Ms. Stacey Plaskett of the United States This Act may be cited as the ‘‘Foreign Cul- means— Virgin Islands tural Exchange Jurisdictional Immunity ‘‘(i) the Government of Germany during Thank you for your consideration of this Clarification Act’’. the covered period; appointment. SEC. 2. CLARIFICATION OF JURISDICTIONAL IM- ‘‘(ii) any government in any area in Europe Best regards, MUNITY OF FOREIGN STATES. that was occupied by the military forces of NANCY PELOSI, (a) IN GENERAL.—Section 1605 of title 28, the Government of Germany during the cov- Democratic Leader. United States Code, is amended by adding at ered period; the end the following: ‘‘(iii) any government in Europe that was f ‘‘(h) JURISDICTIONAL IMMUNITY FOR CERTAIN established with the assistance or coopera- HONORING LIEUTENANT JOHN ART EXHIBITION ACTIVITIES.— tion of the Government of Germany during CAIN ‘‘(1) IN GENERAL.—If— the covered period; and ‘‘(A) a work is imported into the United ‘‘(iv) any government in Europe that was (Mr. CARTER of Georgia asked and States from any foreign state pursuant to an an ally of the Government of Germany dur- was given permission to address the agreement that provides for the temporary ing the covered period; and

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00151 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.068 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7552 CONGRESSIONAL RECORD — HOUSE December 8, 2016 ‘‘(C) the term ‘covered period’ means the craft and numerous infrastructure as- some of the most common and dev- period beginning on January 30, 1933, and sets were also destroyed. astating diseases receive quicker ac- ending on May 8, 1945.’’. Thousands of Americans gave their cess to the latest cutting-edge medical (b) EFFECTIVE DATE.—The amendment lives on this dreadful day, but they treatments. made by this section shall apply to any civil action commenced on or after the date of the were not lost in vain. Their sacrifice I am pleased that key elements of my enactment of this Act. prompted the U.S. involvement in REGROW Act, a bill aimed at address- SEC. 3. NOTIFICATION. World War II, leading to the defeat of ing the lack of FDA standards and The Secretary of State shall ensure that Nazi Germany and the liberation of oversight approval of regenerative foreign states that apply for immunity under millions imprisoned in concentration medicine, were incorporated into the Public Law 89–259 (22 U.S.C. 2459) are appro- camps. final version of the 21st Century Cures priately notified of the text of this Act. On the 75th anniversary of the attack Act. Regenerative medical treatments, The bill was ordered to be engrossed on Pearl Harbor, we remember those developed from stem cells, show the po- and read a third time, was read the who lost their lives on December 7, tential to fully restore or establish third time, and passed, and a motion to 1941. Their service and commitment normal functions in damaged human reconsider was laid on the table. have inspired generations of Americans cells, tissues, or organs. and will continue to do so for years to Thanks to the Gates Center for Re- f come. generative Medicine in Colorado, one of WHAT HAPPENS IN VEGAS COMES f the Nation’s leading regenerative med- TO THE WASHINGTON BELTWAY icine research centers, I have had the UNITED STEELWORKERS IN opportunity to see up close the poten- (Ms. TITUS asked and was given per- INDIANA mission to address the House for 1 tial of these treatments and have long (Mr. RYAN of Ohio asked and was minute.) advocated for their increased use and given permission to address the House Ms. TITUS. Mr. Speaker, many peo- availability. for 1 minute and to revise and extend ple around the country like to say The 21st Century Cures Act will bring his remarks.) ‘‘what happens in Vegas stays in a renewed hope to so many Americans Mr. RYAN of Ohio. Mr. Speaker, we Vegas,’’ but I am here to tell you that across our country. I urge the Presi- have been hearing a lot in the last few is not accurate. What happens in Vegas dent to sign this bill into law without days and weeks about what is hap- comes to the Washington Beltway. In delay. pening in Indiana with the Carrier fact, tonight, MGM Resorts Inter- plant. Last night, the President-elect national, the largest employer in the f of the United States took a swipe at State of Nevada, will bring a little bit the local union official of United Steel- of Las Vegas right here to the banks of CONGRATULATING SENATOR workers in Indiana, a man who in the the Potomac. BARBARA MIKULSKI last several months has probably had The company’s newest property, Na- the worst months of his life to where (Mr. SARBANES asked and was given tional Harbor, will officially open its he has to tell members of his union permission to address the House for 1 doors tonight, creating a new standard that they are going to lose their job minute and to revise and extend his re- for hospitality and tourism here on the right before the holidays—families. marks.) East Coast. National Harbor is already Many of us in this body have known Mr. SARBANES. Mr. Speaker, I rise contributing to the local economy. union leaders who have had to deal today and join with my colleagues MGM has received over 40,000 appli- with this exact situation. For the from Maryland in congratulating and cants for positions at the $1.4 billion, President-elect to take his position— saluting Senator BARBARA MIKULSKI on 308-room property, and they have hired the bully pulpit that the people of our her amazing and outstanding career. over 400,000 people in jobs that cover country have given him—to try to They often say of people that, once 100 different categories. smack down a steelworker in Indiana they start their career, they never look So, in the new year, I want to invite who is dealing with such a tough situa- back. Well, in Senator MIKULSKI’s case, Members to come out and enjoy all of tion is shameful. And on the heels of she always looked back. She always re- the food, the entertainment, and the that, appoint someone to the Secretary membered where she came from, and shopping that MGM has to offer here in of Labor’s position who is antilabor she fought for the people of east Balti- the area. Maybe it will inspire Mem- and wants to get rid of food workers, more every step of the way. bers to come to see me in District One when he makes millions of dollars a I had the pleasure over the years, as in Las Vegas. year and the food worker makes $18,000 I attended events with Senator MIKUL- Mr. Speaker, happy holidays. in a good year. SKI, of gathering of what I call Mikul- f This is not what my people signed up ski-isms, these golden nuggets of wis- for, the people who may have even dom that you can live by. I wanted to REMEMBERING THE ATTACK ON voted for Donald Trump. mention a few. PEARL HARBOR The SPEAKER pro tempore. The She used to talk about the need to (Mr. THOMPSON of Pennsylvania Chair will remind Members to refrain cooperate. She used to say: I am not asked and was given permission to ad- from engaging in personalities toward into finger-pointing; I am into pin- dress the House for 1 minute and to re- the President-elect. pointing. vise and extend his remarks.) f She said, when others are wringing Mr. THOMPSON of Pennsylvania. their hands, we need to come with a Mr. Speaker, yesterday, we remem- FOSTERING MEDICAL INNOVATION, helping hand. bered 2,403 Americans who lost their SUPPORTING MEDICAL RE- She talked about the fact that, be- lives in the attack on Pearl Harbor. SEARCH, AND DEVELOPING NEW hind every me, is a ‘‘we.’’ On the morning of December 7, 1941, TREATMENTS She talked about how people have Naval Station Pearl Harbor came (Mr. COFFMAN asked and was given three shifts every day: they work at under attack by the Imperial Japanese permission to address the House for 1 their job, they come home and they Navy. In an effort to destroy the minute and to revise and extend his re- work for their family, and they serve United States Pacific Fleet, Japan sent marks.) in their community. hundreds of planes and mobile sub- Mr. COFFMAN. Mr. Speaker, I rise I remember her once referring to a marines to attack Pearl Harbor’s ships, today in support of the 21st Century particularly futile effort as ‘‘spitting planes, and facilities. Cures Act, a bill aimed at fostering off the Bay Bridge to raise the tide.’’ Although the attack lasted only 2 medical innovation, supporting med- We love to remember Senator MIKUL- hours, the aftermath was devastating. ical research, and developing new SKI’s voice. We are going to miss her in Eight battleships were damaged, five of treatments to provide better individ- this place, but we are going to remem- which were completely sunk, and an- ualized care. The 21st Century Cures ber that voice that fought for Balti- other nine vessels were lost; 188 air- Act ensures Americans suffering from more, for Maryland, and for America.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00152 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.045 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7553 HONORING THE LIFE AND SERVICE about the building.’’ Senator MIKULSKI colleagues and I rise. We will lament OF UNITED STATES ARMY CAP- has never cared about the bricks and the loss of Senator MIKULSKI as our TAIN ANDREW D. BYERS mortar. She cares about the people who colleague in the Congress, but we will (Mr. HOLDING asked and was given work inside the building, what they be so proud that we have been able to permission to address the House for 1 can do, how they help the citizens, and call her colleague and friend. minute and to revise and extend his re- how she can help them. f BARBARA, for all you have done for marks.) HONORING SENATOR BARBARA Baltimore, for Maryland, and for the Mr. HOLDING. Mr. Speaker, I rise MIKULSKI today to honor the life and service of country, the words ‘‘thank you’’ just (Mr. CUMMINGS asked and was United States Army Captain Andrew D. don’t seem enough. I am very proud to given permission to address the House Byers, who died on November 3, 2016, in call you my friend and mentor, and I for 1 minute and to revise and extend Kunduz province, Afghanistan. wish you all the best in the days ahead. his remarks.) Captain Byers was assigned to B f Mr. CUMMINGS. Mr. Speaker, I wel- Company, Second Battalion, Tenth come this opportunity to reflect, once Special Forces Group, based at Fort b 1445 again, on Senator MIKULSKI’s vision for Carson, Colorado. He was deployed to HONORING SENATOR BARBARA America and upon all that she has Afghanistan in support of Operation MIKULSKI achieved in public life. Freedom’s Sentinel as part of the mis- (Mr. HOYER asked and was given On a personal note, I am deeply sion to train, advise, and assist local permission to address the House for 1 grateful that God has given me the op- forces. minute and to revise and extend his re- portunity to know and work with a Captain Byers was a graduate of the marks.) woman who all would agree is a re- United States Military Academy, with Mr. HOYER. Mr. Speaker, I rise in markable human being and a person I a distinguished career of service to our tribute to someone whom I have known am honored to call my friend. Nation, including prior deployments to and called a friend for many, many BARBARA MIKULSKI’s progressive val- the Democratic Republic of the Congo years—over three decades, perhaps ues are solid, and they are clear, and and Italy. four—BARBARA MIKULSKI—the tallest we have always known that she would I extend my thoughts and prayers to short person I have ever met. She fills fight for all of us every single day. Less Captain Byers’ family, friends, and a room. Everybody knows when BAR- well-known, however, is BARBARA MI- teammates. BARA MIKULSKI is in the Chamber or in KULSKI’s lifetime vision of bringing all f the room or in the auditorium. of America’s working families together HONORING SENATOR BARBARA BARBARA MIKULSKI, as you have in support of progressive change. Here MIKULSKI heard, will retire at the end of this is a dream that ties together her roots Congress after having served Maryland in Highlandtown, in Baltimore, with (Mr. RUPPERSBERGER asked and my own heritage from south Baltimore was given permission to address the in the House and Senate since 1977. I had the opportunity to serve with her and west Baltimore. House for 1 minute and to revise and She is, indeed, a very, very special extend his remarks.) in this House for some 6 years. For 40 years, she has been a voice for woman. She has never forgotten from Mr. RUPPERSBERGER. Mr. Speak- whence she has come. One of the things er, I rise to salute Senator BARBARA the people of our State, not just a voice for all people, but, in particular, for I also love about BARBARA MIKULSKI is MIKULSKI, the longtime quarterback of that she consistently synchronizes her Team Maryland, on the occasion of her those people whose voices needed am- plifying: the poor, the sick, the over- conduct with her conscience. well-deserved retirement after nearly We will miss her, but we know that worked, the underpaid, the Baltimore four decades in Congress. BARBARA will always be fighting for dockworkers worried for their jobs, the Senator MIKULSKI has truly made the people of our great city, for the women earning less than their male history, both by her extraordinary lon- great people of the State of Maryland, colleagues for the same work, the chil- gevity and her tenacious leadership. and for the people of these great United dren in foster care or in homeless shel- She is the longest serving woman in States. the Senate, and the first Democratic ters. All of them have come to see BAR- f woman elected to the Chamber in her BARA MIKULSKI as their champion. own right. In many ways, she began her career HONORING SENATOR BARBARA BARBARA and I bonded over our as a social worker and brought that MIKULSKI shared passion for local government. work to Congress. She returns as one of (Mr. VAN HOLLEN asked and was We both know it is where the rubber the most successful social workers in given permission to address the House meets the road, and we both believe history. She has worked hard to clean for 1 minute.) that all politics is local. That is what up the Chesapeake Bay, to support Mr. VAN HOLLEN. Mr. Speaker, long has made her so popular and so effec- America’s first responders, and to before the last ‘‘Star Wars’’ movie tive. broaden our exploration of space and came out, I said: When Senator MIKUL- We have both worked hand in hand as science. What a giant she has been for SKI is with you, the Force is with you. appropriators, Senator MIKULSKI as the NASA. She has helped seniors afford Senator MIKULSKI has been a power- ranking member of her respective com- health care and keep America’s prom- ful force for good in Maryland and mittee. She has worked tirelessly for ise to its veterans. She passed the Lilly throughout the Nation. She has been a critical resources to improve our roads, Ledbetter Fair Pay Act, introduced the fierce fighter for American workers, schools, and police, to create jobs and Paycheck Fairness Act to end the wage for our veterans, for our seniors, and create opportunities. gap once and for all, and has fought for people from all walks of life. Her There are two things about Senator continuously to raise the minimum leadership on the Appropriations Com- MIKULSKI that have always impressed wage. mittee brought vital investments to me in her public service: Senator MIKULSKI blazed the trail as the thriving Port of Baltimore and to First, she always relates to her fa- the longest-serving woman in the his- the Social Security Administration. ther’s corner store on South Eden tory of Congress; was the first woman She has supported security missions in Street in Baltimore City. When he to be elected without a relative as a places like Fort Meade, investments in opened his doors each day, he would predecessor; and was the first woman lifesaving research at the NIH, and dis- say, ‘‘How may I help you?’’ Senator and first Marylander to chair the Ap- coveries at NASA. She authored the MIKULSKI often quotes that mantra propriations Committee. She has left very first bill that was signed by Presi- and, more importantly, lives by it an indelible mark on millions across dent Obama, the Lilly Ledbetter law, every day of her life for the people of Maryland and across America. to give women who faced pay discrimi- the State of Maryland. I have been proud to serve alongside nation their day in court. The other thing that impresses me is her and I will miss her in the Capitol as BARBARA MIKULSKI started in politics a saying she always says, ‘‘It is not I know so many others will as well. My by fighting a plan to build a highway

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00153 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.072 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7554 CONGRESSIONAL RECORD — HOUSE December 8, 2016 through her beloved neighborhood of small sum of money to increase med- Ms. JACKSON LEE. Mr. Speaker, I Fells Point. She won that fight, and, 40 ical research, to educate our youth, rise to salute a wonderful pastor, the years later, she is still waging and win- and to support our first responders. To Reverend Dr. T.R. Williams, who is ning fights for working families. then discover that the Pentagon has celebrating and commemorating 50 A few years back, when NASA’s sci- identified $125 billion in waste under- years of preaching. His commitment entists discovered a new supernova, scores our Nation’s misguided prior- and dedication to the special Word and they named it Supernova Mikulski, ities. the word of his faith is to be com- and I know her legacy will always burn If just 10 percent of that waste were mended, but he is also a trained busi- bright for Maryland and for our coun- redirected to the National Institutes of nessman. He is also a person who be- try. Health, cures could be found and lives lieves in his flock and that they are Thank you, Senator BARB. could be saved. In this year’s defense number one. f authorization, $1.5 billion is spent to I have enjoyed worshipping with Pas- upgrade an aircraft carrier that the tor T.R. Williams over the years. He is HONORING SENATOR BARBARA U.S. Navy recommended to retire. an orator, a pastor, a nurturer, a coun- MIKULSKI Until we press the Pentagon to undergo selor, but, most of all, a friend—a (Ms. KAPTUR asked and was given a rigorous audit, I cannot and will not friend to the members of his great permission to address the House for 1 support their bloated budget request. church and a friend to many young minute.) I share President Eisenhower’s con- pastors and others alike. He is admired Ms. KAPTUR. Mr. Speaker, as a Rep- cerns when he said: by his fellow clergymen. They respect resentative from Ohio and as the senior We must guard against the acquisition of him for his love of God’s Word. woman in the House, I join my remarks unwarranted influence, whether sought or I am so grateful to have known him. to those of former Congresswoman and unsought, by the military-industrial com- Just a few weeks ago, his congregation now U.S. Senator from Maryland, BAR- plex. The potential for the disastrous rise of honored him with a gigantic celebra- BARA MIKULSKI, in tribute to her in- misplaced power exists and will persist. tion at the Stafford Centre because he credible service. f is deserving of such. When I first arrived, she was a Mem- A CHRISTMAS GREETING Pastor Williams, it is my privilege ber of this House, and I remember how and pleasure to be able to salute you gracious she was to me. Her back- (Mr. LAMALFA asked and was given and to say ‘‘thank you’’ for your serv- ground from working class, blue collar permission to address the House for 1 ice, because, when you serve in the America—from a steel town like Balti- minute and to revise and extend his re- Lord’s Name, you serve this Nation. more, which has transformed since marks.) Might I also thank all of those who then—brought the concerns and the Mr. LAMALFA. Mr. Speaker, this have served in the United States mili- passion of someone from the working week, I had the opportunity to partici- tary, wherever they may be this sea- class. She continued on that road every pate in the American Red Cross Holi- son. This is a season of blessings, and I single day whether she was here on the day Mail for Heroes program, where we wish for everyone in this great Nation House side or went to the other body as sent Christmas cards to servicemem- blessings during this wonderful and the longest-serving woman in U.S. his- bers who are serving far from home very special season. tory. Imagine that. this Christmas season. Though it is a Happy holidays to all. seemingly simple gesture of honoring Baltimore is famous for having little f steps that people go into their bun- these patriots, it really causes you to galows from, and she took a giant leap. reflect on the meaning of Christmas. ANNOUNCEMENT BY THE SPEAKER Even though she was probably still one As John 3:16 states: ‘‘For God so PRO TEMPORE of the shortest Members of Congress loved the world, that He gave His only The SPEAKER pro tempore. The physically, she remains one of the tall- begotten Son, that whoever believes in Chair will recognize Members for Spe- est women in American history. I Him should not perish but have eternal cial Order speeches without prejudice think of her when I look at the dome of life.’’ to the possible resumption of legisla- the Capitol, and I see the woman facing God sent his son to be born in Beth- tive business. east—the symbol of liberty. She held lehem that first Christmas, bringing f aloft high not just the flag, but the vi- great joy to the world—with the shep- A TRIBUTE TO STAFF MEMBERS sion for an America inclusive of all. herds, the wise men, and angels all We wish her Godspeed in the years sharing in the joy and celebrations. The SPEAKER pro tempore. Under ahead. I maintain my fond memories of Christmas is a time to rejoice as chil- the Speaker’s announced policy of Jan- her and of her incredible leadership on dren of God and to continue the tradi- uary 6, 2015, the gentleman from Dela- every subcommittee on which she tion of giving, not out of necessity, but ware (Mr. CARNEY) is recognized for 60 served and of the honorable service out of love. minutes as the designee of the minor- that she provided not just to the citi- We have so much to be grateful for ity leader. zens of Maryland, but to our entire this year. We are blessed to live in the Mr. CARNEY. Mr. Speaker, I rise to country. greatest country in the world, and we recognize the members of my staff who God bless you, Senator MIKULSKI, owe it all to our brave and courageous have served me and the people of Dela- your family, your friends, and those men and women who sacrifice so much ware over the past 6 years. Many of who value your service beyond meas- to safeguard our values. them have gathered in the gallery ure. So this Christmas season, in the spir- above us, and I welcome them to hear f it of giving, I encourage you to take a these remarks. moment and show your appreciation to I tell them all the time that we have THE PENTAGON’S WASTEFUL those who are serving our Nation both the best jobs in the world, and they SPENDING here and abroad, as well as their fami- have done incredible work on behalf of (Mr. DESAULNIER asked and was lies here at home, and our law enforce- the people of our State and our coun- given permission to address the House ment who have to work these times as try. During my 6 years as Delaware’s for 1 minute.) well. May their service and sacrifice al- lone Member of Congress, I have been Mr. DESAULNIER. Mr. Speaker, I ways be appreciated. enormously privileged to work with rise to highlight the Pentagon’s $125 Merry Christmas. such a great team. We have become billion of wasteful spending exposed f like family. Whether they are cheering this week by The Washington Post. me on at the Congressional Baseball Just this week, Congress allocated SALUTING REVEREND T.R. Game or they are working a weekend hundreds of billions of dollars to fund a WILLIAMS Coffee with Your Congressman, I know military that is larger than the next (Ms. JACKSON LEE asked and was they have always got my back, and I seven countries’ militaries combined given permission to address the House could not have done my job for the peo- while we are providing a comparatively for 1 minute.) ple of my State without them.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00154 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.073 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7555 I would like to thank each of them view with Delawareans and respond to We have a lot to talk about in very individually for their contributions to one of the largest constituencies in the few minutes, if you consider it. So I our team and to our State. whole House of Representatives. Last- would like to get right to introducing My chief of staff, Sheila Grant, has ly, our staff assistant, Elena some of my colleagues who are here to guided and counseled me all the 6 years Kochnowicz, and her recent prede- celebrate the bicentennial of the State of my time here. Her honesty and can- cessor, Brannock Furey, have done ev- of Indiana. The first being one of my dor have consistently steered me in the erything under the sun. From Capitol good friends, Mr. TODD YOUNG from In- right direction, and I have appreciated tours to greeting visitors with a smil- diana’s Ninth Congressional District. greatly her sense of humor. ing face, both Elena and Brannock He has represented that district since b 1500 have been crucial to our operation. 2010. He is an amazing young leader. In addition to our current staff, I And last month, he was made our Sen- My State director, Molly Magarik, would also like to thank the many ator-elect to serve in the next Cham- has not only an incredible ability to dedicated folks who have worked for ber, and we look forward to working understand complex problems but, me in previous years. Doug Gramiak with him. more importantly, she comes up with first served as chief of staff during my Mr. Speaker, at this time, I yield to solutions to fix them. She is a huge time as Lieutenant Governor and later asset to me and to the people of Dela- the gentleman from Indiana (Mr. as my State director. He has been a YOUNG). ware. valued friend and confidant ever since. My deputy State director, Albert Doug got our office up and running 6 Mr. YOUNG of Indiana. I thank the Shields, has stood by me since the be- years ago and played a critical role gentleman for yielding. It has been a ginning, going back to my days as during my first years in Congress. privilege serving with him in the House Lieutenant Governor. His knowledge of I would also like to recognize my on behalf of the people of Indiana. I Delaware and his work ethic are un- first chief of staff here in Washington, look forward to our continued work to- matched. Elizabeth Hart. Elizabeth worked for gether. I am just so grateful for our I am grateful for the work of our me for 5 years and built a solid founda- delegation and the leadership it exhib- team in Delaware. Kristy Huxhold has tion from the start. She showed me the ited on behalf of the State. kept the trains running on time and ropes here in D.C., and her knowledge Mr. Speaker, I rise today to recognize the office humming for both former and experience was invaluable to me Indiana’s bicentennial celebration. Congressman Mike Castle and for me. and to our office. Much of our State’s great history ema- Nicole Pender keeps our office plugged Lastly, I would like to thank all our nated from a little town in Indiana’s in to local issues and shepherds local former staff in Delaware and here in Ninth Congressional District, which I nonprofits and governments through the District: Cerron Cade, Bob have had the honor and privilege of the maze of Federal grant applications. Stickels, Gail Seitz, Sam Hodas, Justin representing for the last 6 years. The Joe Bryant helps our constituents German, Craig Radcliffe, Natasha town is Corydon. It is located in Har- navigate the challenging landscape of Babiarz, Mary Williams, Katie Paisley, rison County, which is on the banks of Federal benefits, all while serving as a James Allen, Jenny Kane, Matt Pincus, the Ohio River. member of the Delaware National and Steve Carfagno. I will always re- In 1816, James Madison, our then- Guard. Sarah Venables is the queen of member our time together and will President, signed an enabling act to ex- constituent service, who is loved by all, never forget their hard work on behalf plore the possibility of statehood for and is a tenacious and effective cham- of the people of Delaware and myself. Indiana. Soon after, in June of 1816, 43 pion for our veterans. Annie Gallagher, Mr. Speaker, it has been an honor to delegates congregated across the terri- a long-time friend who formerly have served alongside this team, from tory. They came to descend on worked for Senator Roth, we had to making sure constituents receive the Corydon, and their purpose was to bring her out of retirement twice to Federal benefits they deserve, to draft our State’s first constitution. help us with Medicare and Social Secu- crafting legislative policy that address- Much of the delegates’ work was done rity, which she gets better than anyone es the needs of our State. Each of these under the shade of a large elm tree, I know. Drew Slater has done a tre- individuals has worked tirelessly on be- known by all of those in our delega- mendous job as my eyes and ears in half of Delawareans, and I want to pub- tion, and known by so many Hoosiers Kent and Sussex Counties and may licly thank them today for their dedi- and even people outside of the State love the State Fair even more than I cation to the people of our great State. today, as the Constitution Elm. That do. Larry Morris, my long-time friend Mr. Speaker, I yield back the balance tree still stands, and Indiana is still whose dedication to the city of Wil- of my time. going strong. mington and its youth is unmatched. f And Read Scott, who helps me stay in Our Constitution set the table for the touch with my constituents and directs CELEBRATING INDIANA’S State’s first election in August of that people through the confusing worlds of BICENTENNIAL year, where Jonathan Jennings was the IRS and health care. The SPEAKER pro tempore. Under elected our Governor. In November, Each one of these individuals has put the Speaker’s announced policy of Jan- Governor Jennings and Indiana’s newly in countless hours on behalf of Dela- uary 6, 2015, the gentleman from Indi- elected representatives met in the new ware. I have been lucky to have them ana (Mr. ROKITA) is recognized for 60 capitol building, which is a beautiful on my team. minutes as the designee of the major- building. And the intention there was In my Washington office, Elizabeth ity leader. to commence the State’s first general Connolly has worked for me since be- Mr. ROKITA. Mr. Speaker, it is an assembly session. Their work resulted fore she even graduated from Smith honor to stand before the Chamber in Indiana formally being admitted as College. I am extremely grateful for today and talk about one of my favor- the country’s 19th State in December her loyalty and her dedication to our ite subjects and one of the favorite sub- of 1816. Corydon would serve as the work on financial services and other jects of all the speakers who are going State’s capital until 1825, when the issues. Francesca Amodeo overcame to appear before this floor in the next State’s government was then moved to her roots as a non-Delawarean—and hour. And that is the State of Indiana Indianapolis, where it remains today, that is hard to do in my office—to be- and, in particular, the fact that, as a centrally in the State. come one of our State’s biggest cheer- very proud State which has offered so Now, Corydon also served as the site leaders and to help me become an effec- much to this Nation, we are cele- of Indiana’s only battle during the tive communicator. Connor Hamburg, brating our 200th anniversary since ad- Civil War. The attack was a part of a true Blue Hen, has an unbridled pas- mission to the Union. Morgan’s Raid, as confederate troops sion for southern Delaware and agricul- It has been the highest honor of my descended across the Ohio River under tural policy that can’t help but make life to serve Indiana in public office, the leadership of confederate General you smile. Gita Miller and Betsey and, I know for all the speakers today, John Hunt Morgan. He moved across Coulbourn have helped me share my it has been the same for them. parts of Indiana, Kentucky, Ohio, and

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00155 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.075 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7556 CONGRESSIONAL RECORD — HOUSE December 8, 2016 Tennessee in 1863. It was a small mili- You know, Indiana boasts two of pian society and later a center for tia of Hoosiers who met Morgan’s con- America’s Presidents and now eight knowledge and science. federates, and that skirmish is still Vice Presidents. We are the home of Spencer County is the home of Presi- celebrated today. Hoosier hysteria, a great basketball dent Abraham Lincoln as a youth and a So Corydon’s importance to our tradition, and the greatest spectacle in young man and is home to Lincoln State’s history can’t be highlighted racing, the Indianapolis 500. We love Boyhood National Memorial. enough, but it is one area on the map, our breaded pork tenderloins and our We have a strong German Catholic one very important area on the map of sugar cream pie. heritage in southwest Indiana with the State of Indiana. There are so We have the sixth largest National Saint Meinrad Archabbey in Spencer many other important towns, cities, Guard in the Nation, made up of over County and Monastery Immaculate and Hoosiers that I know will be high- 13,000 Hoosiers that has defended this Conception in Dubois County. lighted and accentuated in the course country in wars, from the Battle of Indiana’s Eighth District is also of this celebration here on the floor of Tippecanoe to World War II to the home to Naval Support Activity Crane, the U.S. House. global war on terror. the U.S. Navy’s third largest installa- I commend my colleague, TODD Most importantly, Indiana is home to tion in the entire world. Last week, the ROKITA, for shining a bright light on the most humble, generous, compas- base celebrated its 75th anniversary. our celebration of 200 years. I look for- sionate, and hardworking citizens in In 1915, the Root Glass Company de- ward to continuing to celebrate Indi- our country. And our great State—all veloped the very first Coca-Cola bottle ana’s bicentennial with Hoosiers, cele- 6.5 million Hoosiers—is now cele- in Terre Haute, Indiana. That is one for brating the rich history which our brating 200 years. the trivia question book: Where was State has followed, and celebrating all I want to take a minute to briefly the first Coca-Cola bottle designed and the good years we know will come. highlight a few of the things specific to made? Mr. ROKITA. I thank the gentleman the Eighth Congressional District in It was made in Terre Haute, Indiana. for his service. I look forward to work- Indiana. That bottle has now become an iconic, ing with him in the future. I thank him This year, my annual art competi- world-recognized brand. for honoring our great State and for tion for high school students focused Of course, we have Hoosier National his service to our country. on celebrating Indiana to commemo- Forest, which takes up a good portion Indiana has had a long and proud his- rate the Hoosier State’s bicentennial. of the southern area of my State, tory, acting as a leader in many crucial We had a lot of creative submissions which is home to a lot of activities fields and enriching the history of our from talented students across southern that Hoosiers enjoy with the great out- Nation overall. Hoosiers have helped Indiana and Wabash Valley. The win- doors, along with Patoka River Na- give us everything from airplanes to ning art piece recognized the 100-year tional Wildlife Refuge near Oakland penicillin and insulin and even walked anniversary of Bosse Field in Evans- City, Indiana, and it serves the same the first steps on the Moon. Both Wil- ville, a baseball field. Bosse Field is the purpose. bur Wright and Eli Lilly hailed from third oldest ballpark in the country Of course, we have the world-famous Indiana and permanently altered the and is still in regular use for profes- Santa Claus postmark. Santa Claus, In- course of human history for the better. sional baseball. It was also featured in diana, every year at Christmas has lit- Neil Armstrong attended Purdue Uni- the popular film in 1991, ‘‘A League of erally tens of thousands of boxes of versity, which I am proud to say is in Their Own.’’ A lot of that was filmed at Christmas cards sent to Santa Claus so Indiana’s Fourth Congressional Dis- Bosse Field in Evansville, Indiana. they can have the unique postmark trict. Purdue University is one of the I am also proud to say that commu- from Santa Claus, Indiana, that is usu- top engineering schools in the country nities in Indiana’s Eighth Congres- ally designed by a local student in a and has been a leader in fighting sional District were exceptionally in- competition. They pick that, and every against rising tuition costs, one of the volved in the Bicentennial Legacy year around Christmastime I get the most important issues facing this Con- Project. The Bicentennial Legacy pleasure to go over to Santa Claus to gress and the next and, actually, the Project showcases the best of Indiana the post office and postmark some of next generation of students entirely. to promote and support important those Christmas cards myself. Our State is lucky, however, in that community projects and programs In manufacturing, everything from Purdue is hardly the only outstanding across the State. It is really the best of noodles to nuclear components are higher education option available. I, the best for what the Hoosier State has made in the Eighth District of Indiana. myself, am a proud alumnus of two In- to offer. We are also a principal supplier of the diana colleges and universities, Wabash world’s agricultural products. College and the Indiana School of Law. b 1515 As you can see, Indiana’s Eighth Con- We fight hard to be an education part- There are nearly 300 officially sanc- gressional District has a rich history, ner for all Hoosiers and all our institu- tioned bicentennial legacy projects un- and I am proud to represent this area. tions, and that includes the entire dele- dertaken in counties and communities It is an honor and a privilege to serve gation, whether Republican or Demo- in the Eighth Congressional District. with all of my Hoosier colleagues. crat. The Eighth District is also home to Thank you again, Representative In that vein, Mr. Speaker, I will rec- premier places of historic, cultural, ROKITA, for putting this together. ognize another distinguished Hoosier and natural significance. Mr. ROKITA. I thank the gentleman. and member of our delegation, Rep- Lyles Station in Gibson County is a I quickly want to turn our attention resentative LARRY BUCSHON. He is a small farming community that was an and yield to the gentleman from Indi- doctor by trade. He practiced, and original settlement of freed slaves anapolis, Mr. ANDRE´ CARSON. He rep- practiced well, the profession his entire nearly 200 years ago. Lyles Station is resents Indiana’s Seventh Congres- adult life, starting in the United States highlighted nationally at the Smithso- sional District. Like us all, he is a Navy, and now represents Indiana’s nian Institution’s new National Mu- fierce advocate for the different com- Eighth Congressional District. seum of African American History and munities in his district. Additionally, Indiana couldn’t be prouder of Rep- Culture. Andre´ and I both serve on the Com- resentative BUCSHON and what he Vincennes in Knox County was estab- mittee on Transportation and Infra- brings not only to the Energy and lished in 1801 as Indiana’s first city. It structure. I think that is an important Commerce Committee but to this very served as our territorial capital and position to have when the motto of floor every day that we are in session. was a key player in the American Rev- your State is ‘‘Crossroads of America.’’ With that, I yield to the gentleman olution. It is also home to George Rog- Mr. CARSON of Indiana. Mr. Speak- from Indiana (Mr. BUCSHON). ers Clark National Historic Park and er, I want to thank my friend, Con- Mr. BUCSHON. Mr. Speaker, I thank President William Henry Harrison’s gressman ROKITA, who has done a great Mr. ROKITA from the Fourth District Grouseland, his home when he was job at representing his constituents, for yielding and for putting together Governor of the Indiana Territory. and we appreciate him for assembling a this Special Order on behalf of our New Harmony in Posey County was great body of Hoosiers from all across State. first established as a communal uto- the great State of Indiana.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00156 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.077 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7557 Mr. Speaker, I rise today to com- am proud to call Indiana home. I am plain; put the group, the team, and the memorate a milestone in Indiana’s his- proud that I grew up there and that my family first; go to church on Sunday; tory, the bicentennial of our great daughter will, too; and representing actually kneel down and pray; and State. For the past 200 years, Indiana this wonderful State in Congress con- show a little humility. has stood as a beacon of opportunity tinues to be a tremendous honor. Right, Dad? for millions of Hoosiers who came to Happy birthday, Indiana. May our Eventually, trying to do as best I the State to make a better life for next 200 years be as full of history, in- could to follow my father’s counsel, I themselves and their families. novation, and achievement as our past went to Purdue to play for the College Indiana’s history stems from our ear- 200. Hall of Fame coach, Coach Gene Keady, liest Native American inhabitants. In Mr. ROKITA. Mr. Speaker, I thank and I have to tell you how much of an fact, the State’s name literally means Mr. CARSON for his words. You will re- honor that was and a memorable expe- ‘‘land of the Indians.’’ Early settlers call he mentioned the Indianapolis rience in my life. Before continuing on befriended Native Americans as they Motor Speedway. Here is a great pic- a little bit about Coach Keady, I want came from New York in the Northeast, ture of it, circa about, I would say, late to compliment our current president at Kentucky in the South, and Ohio in the 1980s, just part of our heritage that we Purdue, the former Governor of Indi- Midwest. They settled across a geog- will be sharing here over the next hour. ana, Mitch Daniels, who moves our uni- raphy as varied as Indiana’s people, When I was last commenting about versity into the future with a new busi- stretching from rolling hills in south- the great Hoosier State here at this po- ness model of innovation and leader- ern Brown County to flat and sandy in dium, I talked about Hoosier schools. ship. President Mitch is a leader who is the north along the Indiana Dunes Na- Hoosier places of higher learning have not afraid of change, and I admire that tional Lakeshore. also become major players in the because, without change, tomorrow These influences created a melting sports world, winning national cham- you lose. pot of influences that remain today. pionships and creating some fierce, yet But back to Coach Keady. Our senior Over the past 200 years, Mr. Speaker, fun, rivalries. year, Mr. Vitale on TV picked our team Indiana has been home to countless For example, in Indiana’s Fourth last because we had lost our best play- colorful and transformative figures Congressional District there is both er to the NBA draft. I went to Coach like the Jackson 5, Larry Bird, John DePauw University and Wabash Col- Keady’s office before the season as one Cougar Mellencamp, Dan Quayle, Baby- lege. They face off every year in the of his senior captains, and I asked him: face, Mike Epps, and countless others. iconic Monon Bell game. It has been Coach, how do you feel about this But more than any individual, Mr. going on for over 100 years. As Wabash team? Do you believe we are going to Speaker, when folks think of Indiana, men, I don’t think there is any ques- be last? they think of racing, they think of bas- tion whom Representative MESSER and He said: No, we are not going to be ketball. In fact, the great Hoosier myself root for, but that is just an- last. State is credited with the origin of other example of the great Hoosier I asked: How do you know, Coach? high school basketball. Our college spirit in the Monon Bell game. How do you know? teams are some of the most consist- Focusing on Purdue University again He said: Because I like my locker ently successful in the country, and for just a second, I want to yield some room. the enthusiasm surrounding the sport time to a great Member of this body I asked: What does that mean? is unmatched. who is also retiring this year. Mr. KURT He said: I know you all are going to In my hometown of Indianapolis, we CLAWSON of Florida is no longer a resi- listen to me, and you will follow what are proud to have hosted the Indianap- dent, of course, of Indiana, but he was I say. I know you will share the ball, olis 500 for 100 eventful years. The Indi- at one time, helping lead Purdue’s bas- and I know you will outwork the com- anapolis Motor Speedway has long been ketball team to untold heights. petition. the world’s gold standard for race At this time, Mr. Speaker, I yield to Well, of course, Coach was right. We tracks, hosting some of the most his- the gentleman from Florida (Mr. CLAW- went from being picked last to winning toric races and prompting countless in- SON). the Big 10. Coach Keady’s first of six novations. Mr. CLAWSON of Florida. Mr. Speak- Big 10 championships in 25 years at But what makes Indiana so special is er, I thank Chairman ROKITA for those Purdue, four consensus national coach not what most people think of first, kind words and for his friendship and of the year, six national coach of the Mr. Speaker. It is not a historical fig- support and his flexibility in this year in one media, service, or another, ure or a notable accomplishment. What House. There are very few people like and, importantly, in 25 years at Pur- makes Indiana great is the type of peo- him, and I will miss him. due, a winning record against the ple who live there. Hoosiers have truly The first thing I have to say today is coach down in Bloomington. built America. Students at our world Boiler Up, Mr. Speaker, Boiler Up. I am I want to honor Coach Keady today, class universities have spawned cre- from Florida. I proudly represent and I want to end by thanking our ative businesses and grown our econ- southwest Florida that I love so much, president at Purdue University, Mitch omy across the country. Our workers but I went to high school and college in Daniels. I honor and admire Coach have built millions of automobiles, cre- Indiana; so part of me will always be Keady for what he has accomplished. ated lifesaving medicines, and ad- from Indiana and I will always love the Most of all, I want to thank Coach vanced sports to new levels. Our farm- State and its wonderful people. Keady for his loyalty to me. My last ers feed America and the entire world. In 1976, my dad moved the family of game was bad. I have to live with that We joke about how friendly and wel- 7 kids to southeastern Indiana from the forever, but for 30 years now, I have coming Hoosiers are. Living in Indiana, South, and we went to a small town in lived in his umbrella of love and loy- you don’t always recognize it, but com- southeastern Indiana called Batesville, alty. He has always been there for me, ing here to Washington, D.C., has made kind of a typical town of 4,000 or 5,000 and I honor him for that. I appreciate me realize how real Hoosier hospitality people, typical hotbed of basketball his loyalty as the last important lesson is, unlike a lot of D.C. I am talking and shooters, with well-known sports of so many that he taught me. about Capitol Hill. I am not talking names in the area, like Paul Ehrman, Happy birthday to our wonderful about the rest of D.C.; they are great the co-chairman, going into the Indi- State of Indiana and our wonderful people. Staffers are great here, too. But ana Baseball Hall of Fame next year, people with our basic cultures of be- Hoosiers care about people. We want to Ace Moorman, Dave Galle, among lieving in God and treating one another make them feel welcome, and we want other basketball and sports greats in with love and respect. to help them when we can. southern Indiana. The Hoosiers we see today who grew My parents immediately loved the b 1530 up in a State built by all of those be- Indiana culture that we were exposed Mr. ROKITA. Mr. Speaker, I thank fore us are the reason that this bicen- to in Batesville, best summarized by the gentleman from Florida for those tennial is so special. I can’t imagine a words of my dad who would say some- excellent words. I can’t believe the last better place to live, Mr. Speaker, and I thing like this: Work hard; don’t com- game he played at Purdue University

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00157 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.078 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7558 CONGRESSIONAL RECORD — HOUSE December 8, 2016 was all that bad, but we will go back to In 1800, William Conner settled in In- balcony of the Chamber today. I am the tapes and look. Either way, it is diana to become a fur trader. He and very pleased that he is here with us to now part of our wonderful Hoosier his- his Lenape Indian spouse and their six learn more about our State’s incredible tory. children lived in that first log cabin on history and the history of his own There are, of course, quite a few the property. In 1818, Conner played a name. other notable sporting events in Indi- pivotal role as interpreter and liaison The brick house that Colonel Lilly ana. ANDRE´ CARSON spoke of one of for the Treaty of St. Mary’s, in which purchased in the 1930s still stands, and them, and that is one that can’t be ri- the Delaware Tribe ceded lands in cen- its renovation was an Indiana Bicen- valed. That is called the ‘‘greatest tral Indiana for those west of the Mis- tennial Project. As Indiana celebrates spectacle in racing.’’ I just recently sissippi River. The Lenape Tribe, in- its bicentennial and in the many years had a picture of the speedway up here cluding Conner’s wife and children, left to come, the many places just like on the floor. Indiana, but Conner decided to stay. Conner Prairie will always help Hoo- The Indianapolis 500 celebrated its In 1823, he and his second wife, Eliza- siers find their heritage, understand 100th running earlier this year and con- beth, built a beautiful brick home on a our history, and, most importantly, ig- tinues Indiana’s storied history with hill overlooking land that came to be nite the future. automobiles, which began in the late known as Conner Prairie. This home Happy birthday to Indiana and all 1800s when Elwood Haynes, the ‘‘father served as the seat of Hamilton County Hoosiers. of the automobile’’ developed his government and the local post office in Mr. ROKITA. Reclaiming my time, I horseless carriage in Kokomo, Indiana. the early days of the county’s found- appreciate the gentlewoman’s leader- Kokomo, Indiana is in Howard County. ing. ship in the Fifth District and through- It as a county—and Kokomo as a city— In 1934, Colonel Eli Lilly, then the out Indiana. It is just another example has a great, wonderful, rich automative president of the pharmaceutical com- of, frankly, how we believe our State is history, and history in other respects pany that he founded, which remains great. as well. today in Indianapolis, Indiana, pur- Mr. Speaker, I yield to the gentleman It is an honor for me to be able to chased Conner Prairie and the old from Indiana (Mr. STUTZMAN), from the share that county with one of our great brick home in hopes of restoring it and Third Congressional District, who not only served in this Chamber, but also members from the Indiana delegation, opening it to the public. an accomplished leader, an accom- Lilly believed that history and its in Indiana’s statehouse, first as a State plished lady who has done wonderful preservation were cornerstones of representative and later as a State sen- things throughout her professional ca- American democracy. He wanted ator. He is a farmer from the northeast part of our State. He brings with him reer and in this House continues to Conner Prairie to be a place where peo- to this House and to his future endeav- lead the way, most recently by being ple could connect with their history ors a robust knowledge and practice of chosen as our next chairwoman of the and see their heritage brought to life. our State’s best traditions and history. Little did he realize that his idea would House Ethics Committee. Mr. Speaker, Mr. STUTZMAN. Mr. Speaker, I be so vividly brought to life in modern- I yield to the gentlewoman from Indi- thank my colleague from Indiana. ana (Mrs. BROOKS), my friend from the day Conner Prairie. Growing from the It is great to be here on the floor Fifth Congressional District. site of occasional historical reenact- with my colleagues from the Indiana Mrs. BROOKS of Indiana. Mr. Speak- ments, Conner Prairie blossomed into a delegation as we celebrate our bicen- er, I rise today in celebration of our living history museum that transports tennial in Indiana. I also find it an home State’s bicentennial. visitors back to the Hoosier frontier honor that we get to be one of the last I want to thank the gentleman from and invites them to see life in Indiana groups here on the floor discussing an Indiana’s Fourth Congressional Dis- in 1836. issue here in this Congress, as we have trict for organizing this very meaning- Prairietown, an immersive exhibit wrapped up our business earlier today. ful celebration of our State’s 200 years. where people, animals, buildings, ob- I just want to thank Mr. ROKITA, I want to thank him for his leadership jects, and daily routines remain just as Mrs. BROOKS, Mr. MESSER, and others here in the House, representing not they were 180 years ago, was just the that I see here—Mr. BUCSHON was here only the Fourth District, but all Hoo- beginning. In addition to the earlier—whom I count it an honor and siers so very proudly, and in your time Prairietown exhibit, Conner Prairie privilege to serve with. as secretary of state, where you served has expanded its historical experience This will be my last speech on the throughout our State. I really appre- to now include an 1859 Balloon Voy- floor as I end my time here in Congress ciate the fact that you and your staff age—the gentleman from Indiana’s and look forward to going back home put the time and effort in to making Fourth District, who loves to fly, I to Indiana again. So I come with some these last minutes on the House floor hope he has tried the balloon voyage; it mixed emotions, frankly, but also very possible as we close out the 114th Con- is really remarkable—as well as an 1863 excited about what is in store for you gress. Civil War Journey and a Lenape Indian all, what is in store for Indiana, what I want to specifically highlight a lit- Camp. is in store for our country, as I have tle bit of the history of the Fifth Dis- In addition, visitors to Conner Prai- had the privilege to serve Indiana’s trict, which I represent, but more im- rie today can see how innovations in Third Congressional District for these portantly, how that history informs, math, science, technology, and engi- past 6 years. I know that, just as you inspires, and ignites our future. Since neering have shaped our history, and all feel, we feel very privileged to be we became a State in 1816, Indiana has how these vital and growing industries Hoosiers. transformed again and again, growing will shape our State’s future and are Indiana is oftentimes thought of to and evolving into the strong and thriv- shaping the State of Indiana. Students be that flyover State in from the East ing State it is today. and children can build planes, create Coast to the West Coast or vice versa; I want to talk with you about Conner an electrical circuit or radio, construct but so many wonderful things are hap- Prairie in my district. Conner Prairie a windmill, or invent their own prod- pening in Indiana that we are proud of has grown up with the State. What ucts, which they then attempt to pat- and that we feel, especially at this started as a log cabin in the early 1800s ent. time as our own Governor, the Vice by the White River has grown into a I agree with Colonel Lilly that his- President-elect, Mike Pence, who has stately brick home that has served as tory is a cornerstone of our democracy. been our Governor for the last 4 years the seat of early Hamilton County gov- I believe that Conner Prairie is an in- in Indiana, is showing and exhibiting ernment. It is now an interactive his- credible realization of the idea that the good policies, the good nature, the tory museum and park, and recently it history plays a pivotal role in our fu- humbleness, the character and integ- has been recognized as the only Smith- ture. In fact, Conner Prairie, William rity that so many Hoosiers display on a sonian affiliate in Indiana. It is a lead- Conner, and the Conner family is one of daily basis. ing innovator in the history museum the reasons that we named our son So I think that, as I leave, I am look- field, with more than 360,000 visitors Conner and why we spell his name with ing forward to watching you all con- each year. an ‘‘e.’’ In fact, he happens to be in the tinue to face some difficult challenges,

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00158 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.080 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7559 but with a lot of opportunity in front thank my parents, Albert and Sarah as many chickens in the State than of us. I know that Hoosiers all across Stutzman; my brothers, Matt and people. My district, in particular, has our State and Americans are looking Chris; and my sister, Lynette; and produced several major agricultural in- for leadership. I know that we have their families for the support that they novations. seen that in Indiana with our former have given to me in the time that I The town of Kokomo, that I men- Governor, Mitch Daniels. It was great have had the opportunity to serve here. tioned earlier, is known as the ‘‘City of to see our colleague, Mr. CLAWSON, here I know there are so many families Firsts,’’ due to the many products in- earlier, who is also going to be depart- across our State that support one an- vented there, including both the first ing after this Congress. other and are working to make life bet- canned tomato juice and the first me- We have such great history. Of ter not only for themselves, but for chanical corn picker, which revolution- course, our sports history is one that their families. ized the farming of one of Indiana’s we love to talk about and brag about. b 1545 most important crops. I also want to recognize my family: Indiana is specifically one of the Na- my wife Christy, and our sons, Payton Indiana also has the fourth largest tion’s second largest producers of pop- and Preston. Payton, of course, was National Guard in the country. We corn. And while that definitely helps us named after a football player in Indi- have, of course, Texas, California, and all enjoy trips to the movies, Indiana’s anapolis. He was one of those kids in New York, but Indiana is one of the contributions to the entertainment Indiana that was named Peyton during largest national guards in the country. field have not stopped there. a great streak by Peyton Manning and And I think that shows the level of Famous Hoosiers, as ANDRE´ CARSON the Indianapolis Colts. commitment that Hoosiers have been mentioned, such as John Mellencamp, We have got such great ownership, willing to sacrifice, to commit to the Axl Rose, James Dean, and the King of great leaders in Indianapolis and across defense and security of this country. I Pop himself, Michael Jackson, have all the country with the teams that we are appreciate many of our leaders in our made their mark on our Nation, pro- proud of in Indiana, the Colts and Pac- State that have led a National Guard viding us with memorable songs and ers. We have got a great college tradi- to show that we are willing to do our iconic movies, while never forgetting tion. You turn on ESPN and you see, of part and to help lead the way. where they came from. course, Indiana basketball, Purdue bas- As I think of traveling across the Another great Hoosier who hasn’t ketball, Notre Dame. Valparaiso al- State, there are so many different forgotten where he has come from is ways ends up in the tournament at the parts of Indiana that we are so proud to my good friend representing the Sixth end of the year it seems like. Of course, have as part of our State. So I would District of Indiana, which includes Co- there are other teams that continue to just say to anyone listening and watch- lumbus, Muncie, and Richmond, and exhibit that tradition that we have in ing this, as we talk about our beloved that is Mr. LUKE MESSER. He and I both Indiana of great basketball. Of course, Indiana, if you ever get a chance to went to Wabash College together, and, our high school basketball is like no visit, there is so much to do and see as I mentioned earlier, we know who other State has. There is something and enjoy, the nature, from top to bot- we rooted for at the Monon Bell game. really remarkable about high school tom, from Lake Michigan in the north- I yield to the gentleman from Indi- basketball in Indiana. west to the Ohio Valley in the southern ana’s Sixth Congressional District, Mr. I also just want to quickly recognize part of the State, the beautiful farm- LUKE MESSER. a friend that happens to be here. Randy land, and the rolling hills in the south- Mr. MESSER. Mr. Speaker, I thank Lewandowski, who is the president of ern part of Indiana. the gentleman for organizing today’s the Indianapolis Indians, our baseball We just have such tremendous tradi- celebration of Indiana’s 200th birthday. team in Indiana. It is a AAA affiliate of tion and, of course, the values that we I thank him for his distinguished little the Pittsburgh Pirates. He just hap- all hold very dearly and know that we giant career at Wabash College and all pens to be in town, and I am proud of want to do our part to not only make of his service to our great State. the work that he does to bring great Indiana great but to continue to make It is an exciting time to be a Hoosier baseball to our city and to our State. I America great as well. any year, but it is a pretty big birthday am proud of the folks like Randy that So with that, Mr. ROKITA, I really ap- coming up this year when, on Decem- work so hard to make Indiana a great preciate the opportunity, and I thank ber 11, 2016, we will be celebrating our place to live. the gentleman for putting this time to- State’s 200th birthday—200 years since Of course, our racing is also such a gether as we reflect on our great State. Indiana became our Nation’s 19th proud sport for us in Indiana. I want to wish him the very best and State. More importantly than all of that, the rest of our colleagues the very best I am holding this basketball because look at the hardworking Hoosiers on a as well in the future; and know that when you think about Indiana, you daily basis who go to work every day, folks across this country can look to can’t help but think about basketball. whether it is in the factories, whether the gentleman for solid leadership, and And my district, Indiana’s Sixth Con- it is in the trucking industry. We are appreciate all that he does. gressional District, has a couple of known as the crossroads of America. Mr. ROKITA. Mr. Speaker, reclaim- pretty important distinguishing fac- You have distribution centers all ing my time, a lot has been talked tors in Indiana’s great history as a bas- across the State. You think of the about already from Indiana’s manufac- ketball State. teachers that do such a remarkable job turing prowess to our agricultural rich- First, the Milan Indians, the great in teaching our children. ness, to our own rich history. Milan Indians team that were the 1954 As you get to know people across the I want to focus just a little bit before State champions that showed that our State of Indiana, I have become just yielding to my good friend, Mr. single-class basketball, the small little more and more proud to be called a MESSER, to talk a little bit about Indi- engine that could, can win a State Hoosier, have the opportunity to rep- ana’s agricultural history. It is in the title, that is from Ripley County in the resent them, and to know that we all top 10 in the Nation in agricultural middle of my State. love life. We love liberty. We want to sales, with over $11 billion in those And then the Knightstown gym, continue to protect the ability to pur- sales. where the movie ‘‘Hoosiers’’ was sue happiness as Americans. We know The agricultural industry creates filmed, is also in Indiana’s Sixth Con- that life is difficult, life has challenges, good Hoosier jobs and provides our Na- gressional District. I am going to but working together and working tion with an array of products, from throw a chest pass of this basketball hard, keeping our head down and facing corn to soybeans to hogs and poultry, over to my colleagues from Indiana, those challenges together as commu- and you just have to go a few miles in where we will show you can catch it. nities, as a State, and as a country, we any direction on any one of our roads Here you go, Mr. BUCSHON. can be successful. to know that, by looking out your win- Let the Record show he caught the As we celebrate our bicentennial, I dow. ball, all right, showing he is a Hoosier. just know that Indiana has done so In fact, Indiana has so many agricul- Bring the House to order, as MARLIN much for me and my family. I want to tural products that there are six times said.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00159 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.081 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7560 CONGRESSIONAL RECORD — HOUSE December 8, 2016 The SPEAKER pro tempore (Mr. The book closes this way: of so many different distractions and CLAWSON of Florida). The House will be The word ‘‘Hoosier’’ is a mystery. No one diversions and how technology has en- in order. knows where it comes from for sure. Some tered our lives, it was humbling, sober- Mr. MESSER. Thank you, Mr. Speak- say it was a pioneer greeting. The gentleman ing, but very prideful to see thousands er. here says, Whose year? of people in a relatively small county This Sunday, we celebrate two cen- Others say someone once lost an ear, and come together for such an event as to turies of statehood, history, tradition, this young guy asks, Whose ear? see a torch going by and being passed and accomplishment in Indiana. We But whatever a Hoosier used to be, we all know what a Hoosier is today. A Hoosier is along by the county courthouse. Hoosiers have a great deal to be proud someone with Indiana roots, someone who The Hoosiers, I saw, were well-pre- of in our State, and in the Sixth Dis- loves our State in every way. pared for the event and were not going trict that I represent. Hoosiers come in all shapes and sizes, all to let a little bit of rain keep them The Sixth District is home to re- races, and all creeds. Some Hoosiers don’t from coming out and celebrating towns nowned architecture, historical land- even live in our State. Over time, some Hoo- and their counties and, most of all, our marks, beautiful parks, and famous siers do leave. wonderful State. Americans. The Wright brothers spent But wherever Hoosiers now live, they are The event itself helped to remind me part of their childhood in our corner of never far apart because the key to being a of the most important and unique part Hoosier is having a big Hoosier heart. Indiana. Wilbur was born in Millville, of our State, and that is the people. and Orville first took up kite building Happy birthday, Indiana. Hoosiers are kind and gracious people in Richmond, Indiana. Mr. ROKITA. Reclaiming my time, it who take pride in their work and in Richmond was also the home to is a great book, as my family knows as their State. They have been the secret Gennett Records, where some of the well, and excellent words from the gen- to our State’s 200 years of success. earliest jazz recordings were ever pro- tleman from Indiana’s Sixth Congres- Now, this Sunday’s final bicentennial duced in the late 1910s and early 1920s, sional District. event is entitled ‘‘Igniting the Fu- earning Richmond the nickname of the Throughout this all, Indiana’s Fourth ture,’’ and it is my belief and hope that ‘‘cradle of recorded jazz.’’ Congressional District has more than it will inspire our next generation of David Letterman attended school at done its part in adding to our State’s Hoosier leaders to continue this record Ball State University in Muncie, as did rich history. The Battle of Tippecanoe, of accomplishment, and never forget Jim Davis, who is famous for the ‘‘Gar- for example, which put Indiana on the about what makes this State and our field’’ cartoon. path to statehood, took place in mod- country so exceptional, exceptional Hancock County in the Sixth District ern-day Lafayette, and gained recogni- with a capital E. is the home of the famed Hoosier poet, tion for General William Henry Har- Myself, and my colleagues here from James Whitcomb Riley, who wrote, rison, who would go on to become our Indiana, look forward to working with among other things, ‘‘Little Orphant ninth President. these future leaders and ensuring the Annie.’’ The Fourth District is also home to success of our State for another 200 Columbus is known for beautiful ar- the first Indiana State Flag, pictured years. chitecture and for being the home of here. This is from about—this was 1916, Mr. Speaker, before yielding back, I the oldest theater in the State, The when our flag design was—this flag de- would like to yield to the gentleman Crump Theater, built in 1889 by John sign was awarded the honor of becom- from Evansville, Mr. LARRY BUCSHON. Crump. ing our official flag. It was created by Mr. BUCSHON. Mr. Speaker, I want A centuries-old tree grows atop the Paul Hadley, of Mooresville, in Indi- to use some of the last time that we Decatur County Courthouse Tower, ana’s Fourth District, for a contest have to honor a great Hoosier. I know giving Greensburg, my hometown during our State’s first Centennial others will have comments and, today, where I grew up, the nickname ‘‘Tree celebration. as we recognize Indiana’s 200th birth- City.’’ Our district is also home to many im- day, it is also important to acknowl- Famous Hoosiers from the Sixth Dis- portant landmarks. Boone County edge the contribution of one of those trict include Vice President Thomas Courthouse has the largest 1-piece who has made an indelible mark on our Hendricks, from my adopted hometown limestone columns in the country. shared history. of Shelbyville, where my kids began Newton County is home to 23 bison, our Without a doubt, one of those people our family’s life, together with my State animal. And Benton and White is a man who delivered his final speech wife, Jennifer; three-time Indianapolis Counties have one of the largest wind- from the Senate floor this past week 500 winner Wilbur Shaw; racecar driver mill farms in the Nation. with a heartfelt message about pre- Tony Stewart, from Columbus; Shelby- This is just a small sample of the serving the freedoms that make this ville basketball player Bill Garrett; ac- great parts of our State and district, country so great. tresses Joyce DeWitt and Jamie and our bicentennial celebration has Senator DAN COATS exemplifies what Hyneman; cinema and television pio- done a fantastic job of highlighting it means to be a public servant. He has neer Francis Jenkins; and the list goes these and many others over the past 12 dedicated his life to improving the on. months. lives of his fellow citizens. We have also had two Governors hail I have even had the pleasure of par- He served his country in the United from our part of the State, Oliver Mor- ticipating in several of the events, like States Army; he has spent time in both ton, and current Governor, Mike many of my colleagues have, including the U.S. House and the United States Pence. Now the Sixth District will be selecting a bicentennial-themed entry Senate; he served as an Ambassador to lucky enough to claim another Vice as the winner for our office’s Congres- Germany, assuming that role just 3 President, Vice President-elect, and sional Art Competition, and serving as days prior to the tragic attacks on Sep- former Sixth District Congressman, torchbearer for the torch relay. tember 11, 2001. Mike Pence, who we are all very proud The relay saw the bicentennial torch, After this distinguished career, Sen- of. designed and made by Purdue students, ator COATS answered the call to serve In fact, I am so proud of our State, travel through each of our 92 counties his fellow citizens once again in the and I don’t know that the gentleman over the course of several weeks, and United States Senate, where he has would know this—I know at least one highlighted both the unique history been a national leader on reducing Fed- of our colleagues were surprised to and the places in each part of our State eral spending, fixing our economy, and learn—but my wife, Jennifer, and I ac- and the common bond that makes all keeping our Nation safe and secure. tually wrote a book about this great of us Hoosiers. And a little personal story. I was a State of Indiana called, ‘‘Hoosier I served as a torchbearer in Fountain cardiovascular surgeon prior to coming Heart.’’ It is a book that celebrates the County, and was very impressed by the to Congress. And when I spend time at history and traditions of our State, the high turnout and enthusiasm. At a events with Senator COATS, he always people, its places. I am just going to time in this Nation’s life when it is likes to tell everyone he feels very read the sort of closing passage of this hard to get members of a particular comfortable because, if he has a heart book as I wrap up my comments today. place to act like a community because problem, Congressman BUCSHON will

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00160 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.082 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7561 pick up a butter knife or something In closing this out, Mr. Speaker, I GENERAL LEAVE and fix him up right there on the spot. would like to say that Indiana has pro- Mr. ROKITA. Mr. Speaker, I ask b 1600 duced no shortage of great statesmen, unanimous consent that all Members as we reflected on this last half hour, It is a really humorous story that I have 5 legislative days to revise and ex- and Senator DAN COATS has indis- tend their remarks on the subject of enjoy his telling every time we are to- putably joined their ranks after dec- gether at an event. Senator COATS has this Special Order. ades of service to both our State and to The SPEAKER pro tempore. Is there a great sense of humor. While his time our country. My own history with Sen- in the Senate has come to an end, I am objection to the request of the gen- ator COATS goes way back to when I also confident he will continue to be a tleman from Indiana? was an intern in his Senate office. If he There was no objection. voice and an advocate for the issues he were on this floor today, Mr. Speaker, f cares about most. Our State and our I am sure he would say that I was one country are lucky to have benefited of the worst interns he ever had. None- MESSAGE FROM THE SENATE from the service of a great man like theless, he started my career in poli- A message from the Senate by Ms. Senator DAN COATS. tics with that unpaid job that was one Curtis, one of its clerks, announced I wish DAN and Marsha all the best. Mr. ROKITA. Mr. Speaker, I yield to of the best experiences of my life. He that the Senate agrees to the con- the gentleman from Indiana (Mr. has conservative leadership, and I ference report accompanying the bill know that he was anxious to get back MESSER), who represents the Sixth Dis- (S. 2943) ‘‘An Act to authorize appro- trict. to helping out the office and do what- priations for fiscal year 2017 for mili- Mr. MESSER. Mr. Speaker, when ever he could for the State of Indiana, tary activities of the Department of given the opportunity to say some- however he could. Defense, for military construction, and thing nice about DAN COATS, I didn’t Since those many years ago, since for defense activities of the Depart- want to pass it up. If I could give one those first observations that I have had ment of Energy, to prescribe military word to describe U.S. Senator DAN of Senator COATS, he has gone from personnel strengths for such fiscal COATS, it would be ‘‘Hoosier.’’ He is a Senator, to U.S. Ambassador to Ger- year, and for other purposes.’’ person of grace and humility, hard many, and back to Senator again. It is f work and humor. He never worried a long and distinguished career full of dedication to right ideals and the de- ABROGATING OUR NATURAL about who got credit, loved his coun- RIGHTS try, and made the sacrifices through sire to fight for what is best for all his life and career to make our country Hoosier families and what is best for The SPEAKER pro tempore. Under better. Americans. the Speaker’s announced policy of Jan- I am honored to call DAN a friend, I appreciate all of the work, as we all uary 6, 2015, the Chair recognizes the and I appreciate his mentorship of our do, that Senator COATS has done and gentleman from Texas (Mr. GOHMERT) entire delegation in the time that I the causes he has advocated for and for for 30 minutes. have had an opportunity to serve here. his counsel. As I have said, I don’t Mr. GOHMERT. Mr. Speaker, this is I suspect DAN’s service for our country know if he is actually going to be able supposed to be our last day in formal isn’t quite over yet, and I look forward to retire at this time, but whatever his session, actual session, of the year. to whatever he does next. desire, he deserves it. There may be something coming up. I One of the other great things about I have no doubt that he will continue always worry about unanimous consent DAN COATS is he is a family man. I cer- to represent the best interests of our requests when nobody is here. tainly wish DAN, Marsha, and their en- State and this country even after his I know the administration likes to tire family a great future. time in the Senate has come to an end. brag that it has been a good year for Mr. ROKITA. Mr. Speaker, I think I would like to issue a heartfelt thank- enforcing the border, but this story the gentleman is right. I don’t know if you for all of his work, and I wish him from Brooke Singman says: DAN COATS will ever be able to retire. I my best on all his future endeavors. The number of unaccompanied chil- know he wants to. Again, Mr. Speaker, I hope you will dren crossing into the U.S. from Mex- Mr. Speaker, I yield to the gentleman please join us all in wishing Indiana a ico nearly doubled this year citing from Indiana (Mr. STUTZMAN), who is happy birthday on this wonderful occa- from Border Patrol figures. from the Third Congressional District sion of our 200th anniversary. Hopefully, we will get the Trump ad- in the northeast. Mr. Speaker, I yield back the balance ministration moving as quickly as they Mr. STUTZMAN. Mr. Speaker, I just of my time. indicate they intend to. want to stand here in front of this It is worth noting that this story Mrs. BROOKS of Indiana. Mr. Speaker, I House and this body to honor our Sen- came out from The Hill. Mark Hensch rise today in honor and recognition of Senator ator, DAN COATS, who served Indiana in said that Khalid Sheikh Mohammed, DAN COATS, a U.S. Army veteran, former so many different capacities. I actually the mastermind behind 9/11, says that Member of the House of Representatives, have the privilege of representing his in his view, immigration into the United States Ambassador to Germany and a district, the Third District in north- United States is al Qaeda’s deadliest great Hoosier. I’ve had the pleasure of serving east Indiana. weapon against the United States. with Senator COATS as a fellow member of the We have such a long line of great That is what he has apparently indi- Indiana delegation since my first term in 2013. leaders from northeast Indiana who cated. In fact, the first legislation that I introduced have served here in Washington from A witness said: and got passed into law was a bill that I our State, and DAN COATS, of course, From his perspective, the long war for Is- worked on with Senator COATS and his team, exemplified a man of character, hum- lamic domination wasn’t going to be won in bleness, and leadership. He followed the Alicia Dawn Koehl Respect for National the streets with bombs and bullets and former Vice President Dan Quayle. Cemeteries Act. bloodshed. No, it would be won in the minds I also would like to recognize him as During his time in the Senate, he has been of the American people. well. He is another man who showed a passionate advocate for Hoosiers, working This is Khalid Sheikh Mohammed’s leadership for our State here in Wash- on policies that are focused on getting more thinking. Thank God—literally, thank ington, D.C. Americans back to work and getting our econ- God—that President Obama has not re- Both of those gentlemen have been omy back on track. His leadership will be leased the mastermind as he has so heroes and models for me growing up, missed, but I know that he and his wife Mar- many others who have contributed to watching both of them as they took sha will continue to do great things that make the deaths of Americans. time to come to Washington and show a difference for Hoosiers as they begin this But Khalid Sheikh Mohammed, the 9/ what Hoosier leadership is all about. next chapter of their lives. 11 mastermind, said: Mr. Speaker, I thank the gentleman Thank you, Senator COATS, for all of your The terror attacks were good, but the again for honoring them today. work to represent our great state of Indiana, ‘‘practical’’ way to defeat America was Mr. ROKITA. Mr. Speaker, I thank and best wishes as you embark on your next through immigration and by out-breeding the gentleman. adventure. non-Muslims.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00161 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.084 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7562 CONGRESSIONAL RECORD — HOUSE December 8, 2016 Khalid Sheikh Mohammed: that is supposed to help people with on to point out that in Japan, where, Jihadi-minded brothers would immigrate mental health issues—confusion, get- until after World War II and the sur- into the United States, taking advantage of ting lost, and dying. We know these render in 1945, Japan had a history of the welfare system to support themselves things happen. There is nothing any- submitting to whatever the emperor, while they spread their jihadi message. where in the law that prevents a parent the totalitarian leader, dictated. They will wrap themselves in America’s from having something that helps that Well, now in Japan, they have come rights and laws for protection, ratchet up ac- parent track or keep track of their au- up with the best way of tracking peo- ceptance of sharia law, and then, only when ple. It is by putting barcodes on fin- they were strong enough, rise up and vio- tistic child or child with, according to lently impose sharia from within. He said this bill, developmental disabilities— gers. All you need is a barcode on one the brothers would relentlessly continue nothing. There is nothing that keeps a finger, a barcode on one toe, and then their attacks and the American people even- guardian from using some kind of the Japanese Government will be able tually would become so tired, so frightened tracking methodology to keep up with to accurately and adequately track and so weary of war they would just want it someone who has Alzheimer’s. people they are concerned about. to end. Yes, I know it is a serious issue; but So I don’t think anybody needs to be According to Khalid Sheikh Moham- why wasn’t this left, then, to the De- worried about the government having med, that is when radical Islam— partment of Health and Human Serv- this Orwellian program unless, per- sharia law—would take over for the ices if it is really just a mental health haps, they are Christian, because the United States, and the Constitution of issue? The answer is it was left to the Commission on Civil Rights thinks the United States would no longer have Attorney General and to the Depart- that people who talk about religious meaning here. ment of Justice because the truth is, if freedom, religious liberty, Christians It is rather interesting. When we find it would need to expand, that is where that use words like ‘‘evangelical,’’ that out exactly what the enemies of free- they want it to expand. those are the biggest threat, perhaps, dom have in the way of plans to de- We were assured that this is strictly for hate in America because of the ig- stroy our liberty and freedom, it really voluntary; but once you have a pro- norance in this administration. It is should catch the attention of some of gram in place, it is very easy for some- nothing against them personally. It is our United States Federal Government. one to file a petition and ask a judge, just all of us are ignorant in some We passed a bill today, and I love and such as I once was back in Texas: Here areas. Apparently, in this administration, respect the people that pushed for it, are the indications. We need an order there is widespread ignorance over the but I need to make further comment for the good of this person and the safe- about it. This was H.R. 4919. It is a bill fact that Christianity is the religion ty of the public so that this person can based on love; that God so loved the that was supposed to be just a reau- be tracked. thorization. Well, it has got a program, world, he would send his son, and that It is not just a danger to themselves, his son would so love the world, he and people that start these kinds of the bill talks about, or an injury that things, knowing where they will end would lay down his life for his friends, could be caused by the patient. We which he, Jesus, said was the greatest up, start with a small amount of know from the Department of Home- money. If you start with just millions, love. True Christians follow the teach- land Security that many in the Depart- ings of Jesus just as most Muslims try then you can go later on from there. ment of Homeland Security think the When you paint it as being simply to to do; to follow the teachings of Jesus. biggest threat for hate crimes, for de- Anyway, if you are a Christian, or help families who have autistic or Alz- struction and death in America are you believe the Constitution should be heimer’s patients, people with demen- from people who are veterans that may literally followed, or you believe that tia, things that Americans like me un- like the idea of the Second Amendment you should have a right to keep and derstand because we have had family allowing them to keep guns. bear arms under the Second Amend- members who, because of organic prob- ment, or you believe the Tenth Amend- lems, a very brilliant person can be- b 1615 ment means what it says, that any come confused, not know where they They are people who believe the Con- power not specifically enumerated for are and become lost. But life here in stitution should be literally followed, the Federal Government, it is reserved and the words that the Constitution ac- Congress would be so much easier if I to the States and people, anybody that tually says should be followed. The simply would not read the bills. believes those kind of things is really a This bill creates a Federal tracking Founders of this country would be, of threat, according to some in this ad- course—if they were around today—at program, and it starts with Alz- ministration and some in what has be- the top of this administration’s no-fly heimer’s patients and autism patients, come more of a permanent govern- list because they wanted liberty above people with those disabilities. It also ment. includes, according to the bill, develop- all, they wanted freedom. They did not Administrations come and go, but we mental disabilities, and that is broad want a government that interceded have got liberals that are so tolerant, enough that you can start including all into their own personal private deci- they want to take away the rights of kinds of things now that the law has sions and lives. anybody with whom they disagree. The been passed. Now we have this bill. The attorney blacklist experts. They talk about My understanding, it is told that in general will tell us what the rules are blacklists of the fifties, and they go be- the Senate it was likewise breezed because the bill says he or she will, and yond anything that the fifties may through. Somebody went on the Senate the attorney general will set up the have had in store for those who wanted floor when other Senators weren’t best practices. I know that there is lan- to bring down the United States Gov- there, maybe two people or so, and guage added that says: Oh, no, the par- ernment. said: I ask unanimous consent that this ent or guardian, they have to volun- Anyway, there just was not enough bill be passed; hearing no objection, so tarily use this program; it is not force- attention paid to this bill. It breaks ordered. ful. my heart—and I am not kidding, I am It was not much of a vote. We didn’t Well, no, the grants are not for any- not being sarcastic—that there were even have a hearing in subcommittee one except voluntary, but I can guar- some that were pushing for this bill or committee where we bring wit- antee you the program will ultimately that have some of the biggest hearts, nesses, talk to experts, talk to people be used to involuntarily place tracking that want to do more to help people— involved, see what the problem is and information on people. and I am afraid because of the bill’s see if the cure is worse than the prob- Then, despite some of my friends in passage today, and I am sure the Presi- lem. We didn’t have that. We didn’t Congress saying, This is really not a dent will sign it into law, gee, we get have constitutional experts talk about danger, it is nothing to worry about, I to track people we are concerned about the indications for our future freedom. get back to the office and my staff in America, maybe we will use a Instead, we got this bill. I am grate- hands me an article regarding Japan. barcode. ful that proponents tried to fix things, And, lo and behold, it is from Yahoo If we can have the attorney general, but as I read through it, the fixes News. ‘‘Japan Tags Dementia Sufferers in his opinion, find that a subcuta- didn’t really fix things. This program With Barcodes.’’ And the article goes neous chip implant is noninvasive,

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00162 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.087 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7563 then we can do that. But maybe the ment mandates a test to be taught in endowed by their Creator with certain barcode would be better than a chip. order for people to get a little bit of unalienable rights . . . appealing to the Su- Anyway, we have passed the pro- the money that they send from their preme Judge of the world for the rectitude of gram. Someday, I am very afraid for States to Washington, D.C., to the De- our intentions . . . And for the support of this Declaration, with firm reliance on Pro- my dear friends that push this bill that partment of Education. The Depart- tection of Define Providence, we mutually history will not so much remember the ment of Education, if you do what they pledge to each other our Lives, our Fortunes, wonderful things they have fought for tell you, will send you a little bit back and our sacred Honor.’’ in this legislative body, the great of your own money. So they don’t re- moral issues they have stood for, but quire that the statements of our con- b 1630 one day they will be remembered as the stitutional Founders be learned. When I saw a copy of the original ones who quietly pushed this bill My understanding is the biggest Treaty of Paris of 1783, in which we through that allowed a Federal Gov- thing the current folks want to be forced England to swear under some- ernment to begin tracking for the first- taught and learned about World War II thing so important that they would not time students—not students, but young is not that America was attacked. want to break the oath, what do you people, whether they are students or There was a day of infamy and that come up with to get Great Britain—the not, people with disabilities. I am sure America was fighting and losing lives most powerful country in the world we will be seeing the attorney general around the world, not as much for with the most powerful navy and add definition, since it is up to her, or America, but for liberty, for freedom; army—to swear under that they would someday him, perhaps, to determine that there would be places in the world not willingly be wanting to break that what really is developmental dis- where people could live and have op- oath? The big words—huge letters— ability. portunity and make their own deci- starting the treaty that recognized our So those things are coming. People sions without the forces of radical independence for the first time starts need to be aware of them. Perhaps Islam, which had joined forces with the out: someday we will have a Congress before Nazis and with the emperor in Japan. In the Name of the most Holy and undi- it is too late that will back up and say: But if you go back to James Madison, vided Trinity, that is Father, Son, Holy Wait a minute, we are not going to be he said: Ghost. funding with Federal taxpayer dollars We have staked the whole future of Amer- The opinion goes on and cites so a tracking system for American citi- ican civilization, not on the power of govern- many examples of Christianity in zens. ment; far from it. We have staked the future of all of our political institutions upon the America. They say: I had some colleague say: Well, I We are a Christian people, and the moral- could have voted for it if it was only capacity of mankind for self-government; upon the capacity of each and all of us to ity of the country is deeply engrafted upon people who were known terrorists, but govern ourselves, to control ourselves, to Christianity and not upon the doctrines of we don’t want to track known terror- sustain ourselves according to the Ten Com- worship of those impostors. ists. This bill would be considered an mandments of God. It goes on and reads after many more abomination if we tried to put a That is rather important. That is recitations: barcode or a chip into a known ter- why if you go through the writings, the These and many other matters which rorist in the United States. No, this pronouncements, the proclamations, might be noticed add a volume of unofficial needs to be reserved for people who get the laws of the United States for the declaration to the mass of organic utter- confused, and so it goes. first 100, 150 years or so, we finally got ances that this is a Christian nation. We find In the words of Billy Joel: the Constitution to a place where peo- everywhere a clear recognition of the same So it goes, and you are the only one who ple understood you can’t have slavery truth. The happiness of a people and the knows. good order and preservation of civil govern- legally exist under a constitution that ment essentially depend upon piety, religion, So also being as how this week in- grants freedom. Thank God, they fi- and morality. cluded the 75th anniversary of the day nally got past the ridiculous decision Not that we would ever force Chris- of infamy when right at that level the in Dred Scott, and we got past the Civil tian beliefs on anyone, but as we find President of the United States, Frank- War. lin D. Roosevelt, said—actually, 75 In 1890, there was a case that the Su- historically—and as even a Muslim years ago today, he said: preme Court sat in on, 136 U.S. 1 (1890). leader and a descendant of Muhammad told General Jay Garner in Iraq when Yesterday, December 7, 1941—a date which The Supreme Court said this: he was inquiring as to what kind of will live in infamy—the United States of It is contrary to the spirit of Christianity America was suddenly and deliberately at- and the civilization, which Christianity has government we should have—he said it tacked by naval and air forces of the Empire produced in the western world. should be based on the teachings of of Japan. Two years later, in the case of United Jesus because that descendant of Mu- He went on. It is about a page-and-a- States v. Church of the Holy Trinity, hammad—that Muslim leader—under- half speech, double spaced. And he con- the Supreme Court went on for pages stood that it is, really, only if you have cludes by saying: talking about the evidence of Christi- a government that is under the teach- With confidence in our own forces—with anity in America not so that Christi- ings of Jesus where an atheist, a Bud- the unbounded determination of our people— anity would be forced or imposed on dhist, Hindu, Islam—any religion—can we will gain the inevitable triumph—so help anyone, but as Madison understood, prosper without fear so long as they do us God. and as Adams understood, and as Wash- not try to undo the Constitution of the It is interesting, Roosevelt so often ington understood, you could not main- United States. referred to God. He is the only Amer- tain self-government, a democratic Re- Franklin Roosevelt, so endeared to ican President, which I am aware, who public where we will elect representa- liberals in this Nation, on December 24, went on national radio, or TV, but he tives as our servants. You can’t main- 1933, said: went on radio—that is what they had tain that if it is not a religious and a This year marks a greater national under- at the time—on D-day, when thousands moral people. That cannot be a major- standing of the significance in our modern of American troops were landing in lives of the teaching of Him whose birth we ity of religious and moral people who celebrate. To more and more of us, the words France on the beaches, thousands were believe that the Constitution must to- being killed, and he led the Nation in a ‘‘thou shalt love thy neighbor as thyself’’ tally be subjugated to a particular law, have taken on a meaning that is showing Christian prayer on national radio. whether that be Sharia or others. itself and proving itself in our purposes and Why? So in the Declaration of Independ- in our daily lives. May the practice of that Because he was a true leader of the ence—this is the Supreme Court citing high ideal grow in us all in the year to come. United States. He knew our Nation was this in their 1892 decision: I give you and send you, one and all, old and in great trouble. So the natural thing The Declaration of Independence recog- young, a Merry Christmas and a truly happy to do was lead the Nation in prayer. nizes the presence of the Divine in human af- new year. And so, for now and for always, If we go back to the man who is fairs in these words: God bless us, everyone. called the Father of the Constitution, ‘‘We hold these truths to be self-evident, Another example is from Franklin as I understand it, the Federal Govern- that all men are created equal, that they are Roosevelt on December 21, 2 short

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00163 Fmt 4634 Sfmt 0634 E:\CR\FM\K08DE7.088 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7564 CONGRESSIONAL RECORD — HOUSE December 8, 2016 weeks after the bombing at Pearl Har- from the President of the United Brazil for the Implementation of the bor. I won’t read the whole thing, but States; which was read and, together Agreement on Social Security. it is deeply moving, and he finishes by with the accompanying papers, referred BARACK OBAMA. saying: to the Committee on Ways and Means THE WHITE HOUSE, December 8, 2016. Our strongest weapon in this war is that and ordered to be printed: f conviction of the dignity and brotherhood of To the Congress of the United States: man, which Christmas Day signifies. Against Pursuant to section 233(e)(1) of the enemies who preach the principles of hate LEAVE OF ABSENCE and practice them, we set our faith in human Social Security Act, as amended by the By unanimous consent, leave of ab- love and in God’s care for us and all men ev- Social Security Amendments of 1977 sence was granted to: erywhere. Our strength, as the strength of (Public Law 95–216, 42 U.S.C. 433(e)(1)), Mr. CLYBURN (at the request of Ms. all men everywhere, is of greater avail as I transmit herewith a social security PELOSI) for today. God upholds us. totalization agreement with Brazil, ti- In 1942, on Christmas Eve, he finished tled ‘‘Agreement on Social Security be- f by saying: tween the United States of America It is significant that tomorrow, Christmas and the Federative Republic of Brazil,’’ ENROLLED BILL SIGNED Day, our plants and factories will be stilled. and a related agreement titled ‘‘Ad- Karen L. Haas, Clerk of the House, That is not true of the other holidays we ministrative Arrangement between the reported and found truly enrolled a bill have long been accustomed to celebrate. On all other holidays, work goes on—gladly for Competent Authorities of the United of the House of the following title, the winning of the war. So Christmas be- States of America and the Federative which was thereupon signed by the comes the only holiday in all the year. I like Republic of Brazil for the Implementa- Speaker: to think this is so because Christmas is a tion of the Agreement on Social Secu- H.R. 34. An act to accelerate the discovery, holy day. rity’’ (collectively the ‘‘Agreements’’). development, and delivery of 21st century John F. Kennedy, on December 17, The Agreements were signed in Wash- cures, and for other purposes. 1962, said these words—and I won’t read ington, D.C., on June 30, 2015. f the whole thing—in the conclusion: The Agreements are similar in objec- This has been a year of peril where the tive to the social security agreements SENATE ENROLLED BILLS SIGNED peace has been sorely threatened, but it has already in force with most European been a year when peril was faced and when The Speaker announced his signature reason ruled. As a result, we may talk at this Union countries, Australia, Canada, to enrolled bills of the Senate of the Christmas just a little bit more confidently Chile, Japan, Norway, the Republic of following titles: of peace on Earth, goodwill to men; and, as Korea, and Switzerland. Such bilateral S. 817. An act to provide for the addition of a result, the hopes of the American people agreements provide for limited coordi- certain real property to the reservation of are, perhaps, a little higher. We have much nation between the United States and the Siletz Tribe in the State of Oregon. yet to do. We still have to ask that God bless foreign social security systems to S. 818. An act to amend the Grand Ronde everyone. eliminate dual social security coverage Reservation Act to make technical correc- Then last for today, before we ad- and taxation and to help prevent the tions, and for other purposes. journ for Christmas, Ronald Reagan, lost benefit protection that can occur S. 2873. An act to require studies and re- on December 19, 1988, concluded his when workers divide their careers be- ports examining the use of, and opportuni- ties to use, technology-enabled collaborative Christmas address by saying: tween two countries. Our compassion and concern this Christ- learning and capacity building models to im- mas and all year long will mean much to the The Agreements contain all provi- prove programs of the Department of Health hospitalized, the homeless, the convalescent, sions mandated by section 233 of the and Human Services, and for other purposes. the orphaned, and it will surely lead us on Social Security Act and other provi- S. 3076. An act to amend title 38, United our way to the joy and peace of Bethlehem sions that I deem appropriate to carry States Code, to authorize the Secretary of and the Christ Child who bids us come, for it out the purposes of section 233, pursu- Veterans Affairs to furnish caskets and urns is only in finding and living the eternal ant to section 233(c)(4) of the Social Se- for burial in cemeteries of States and tribal organizations of veterans without next of meaning of the Nativity that we can be truly curity Act. happy, truly at peace, truly home. kin or sufficient resources to provide for cas- I also transmit for the information of I conclude, Mr. Speaker, as Ronald kets or urns, and for other purposes. the Congress a report required by sec- S. 3492. An act to designate the Traverse Reagan did: Merry Christmas, and God tion 233(e)(1) of the Social Security Act City VA Community-Based Outpatient Clinic bless you. on the estimated number of individuals of the Department of Veterans Affairs in Mr. Speaker, I yield back the balance Traverse City, Michigan, as the ‘‘Colonel of my time. who will be affected by the Agreements and the Agreements’ estimated cost ef- Demas T. Craw VA Clinic’’. f fect. The Department of State and the f AGREEMENT ON SOCIAL SECURITY Social Security Administration have BETWEEN THE UNITED STATES recommended the Agreements to me. ADJOURNMENT OF AMERICA AND THE FEDERA- I commend the Agreement on Social Mr. GOHMERT. Mr. Speaker, I move TIVE REPUBLIC OF BRAZIL— Security between the United States of that the House do now adjourn. MESSAGE FROM THE PRESIDENT America and the Federative Republic The motion was agreed to; accord- OF THE UNITED STATES (H. DOC. of Brazil and the Administrative Ar- ingly (at 4 o’clock and 40 minutes NO. 114–186) rangement between the Competent Au- p.m.), under its previous order, the The SPEAKER pro tempore laid be- thorities of the United States of Amer- House adjourned until Monday, Decem- fore the House the following messageh ica and the Federative Republic of ber 12, 2016, at 3 p.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Official Foreign Travel during the second and third quarters of 2016, pursuant to Public Law 95–384, are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2016

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Bob Goodlatte...... 6/25 7/3 England, Belgium, Netherlands, & ...... 1,107.00 ...... 2,729.16 ...... 2,336.00 ...... 6,172.16 Switzerland.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00164 Fmt 4634 Sfmt 8634 E:\CR\FM\K08DE7.090 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7565 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2016— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Steve King...... 6/26 7/5 England, Belgium, Netherlands, & ...... 851.00 ...... 8,329.00 ...... 1,992.00 ...... 11,172.00 Switzerland. Vishal Amin...... 6/25 7/3 England, Belgium, Netherlands, & ...... 1,107.00 ...... 2,729.16 ...... 2,336.00 ...... 6,172.16 Switzerland. Christopher Grieco...... 6/25 7/3 England, Belgium, Netherlands, & ...... 1,107.00 ...... 2,729.16 ...... 2,336.00 ...... 6,172.16 Switzerland. Hon. Louie Gohmert ...... 7/28 8/5 Germany, Sweden, Czech Republic, & ...... 960.00 ...... (3) ...... 1,795.22 ...... 2,755.22 Slovakia. Hon. Bob Goodlatte ...... 7/28 8/5 Germany, Sweden, Czech Republic, & ...... 960.00 ...... (3) ...... 1,795.22 ...... 2,755.22 Slovakia. Hon. Doug Collins ...... 7/28 8/5 Germany, Sweden, Czech Republic, & ...... 960.00 ...... (3) ...... 1,795.22 ...... 2,755.22 Slovakia. Hon. Mike Bishop ...... 7/28 8/5 Germany, Sweden, Czech Republic, & ...... 960.00 ...... (3) ...... 1,795.22 ...... 2,755.22 Slovakia. Hon. Sheila Jackson Lee ...... 8/1 8/5 Germany, Sweden, Czech Republic, & ...... 494.00 ...... (3) ...... 897.00 ...... 1,391.00 Slovakia. Hon. Scott Peters ...... 7/28 8/5 Germany, Sweden, Czech Republic, & ...... 960.00 ...... (3) ...... 1,795.22 ...... 2,755.22 Slovakia. Shelley Husband ...... 7/28 8/5 Germany, Sweden, Czech Republic, & ...... 960.00 ...... (3) ...... 1,795.22 ...... 2,755.22 Slovakia. Branden Ritchie ...... 7/28 8/5 Germany, Sweden, Czech Republic, & ...... 960.00 ...... (3) ...... 1,795.22 ...... 2,755.22 Slovakia. Ryan Breitenbach ...... 7/28 8/5 Germany, Sweden, Czech Republic, & ...... 960.00 ...... (3) ...... 1,795.22 ...... 2,755.22 Slovakia. Joe Graupensperger ...... 7/28 8/5 Germany, Sweden, Czech Republic, & ...... 960.00 ...... (3) ...... 1,795.22 ...... 2,755.22 Slovakia. John Manning ...... 7/28 8/5 Germany, Sweden, Czech Republic, & ...... 960.00 ...... (3) ...... 1,795.22 ...... 2,755.22 Slovakia. Hon. Trent Franks ...... 7/29 8/2 Haiti ...... 555.00 ...... 697.00 ...... 620.00 ...... 1,872.00 Keenan Keller ...... 7/29 8/2 Haiti ...... 555.00 ...... 697.00 ...... 620.00 ...... 1,872.00 Committee total ...... 15,376.00 ...... 17,910,48 ...... 29,089.00 ...... 62,375.68 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. HON. BOB GOODLATTE, Chairman, Nov. 1, 2016.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2016

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Cordell Hull ...... 7/2 7/4 Egypt ...... 573.00 ...... 9,505.00 ...... 10,078.00 Valerie Shen ...... 7/2 7/4 Egypt ...... 573.00 ...... 9,505.00 ...... 10,078.00 Delegation expenses ...... 1,240.00 ...... 1,240.00 Hon. Carolyn Maloney ...... 8/6 8/7 Cape Verde ...... 197.00 ...... 197.00 8 /7 8 /10 Senegal ...... 823.00 ...... 823.00 8/10 8/12 Liberia ...... 658.00 ...... 658.00 8/12 8/14 Nigeria ...... 1,042.00 ...... 1,042.00 8/14 8/15 Spain ...... 253.00 ...... 253.00 Hon. Jason Chaffetz ...... 7/16 7/17 Portugal ...... 295.00 ...... 295.00 Delegation expenses ...... 4,941.00 ...... 4,941.00 7/17 7/18 Israel ...... 498.00 ...... 498.00 Delegation expenses ...... 10,114.00 ...... 10,114,00 7/18 7/20 Jordan ...... 711.00 ...... 711.00 Delegation expenses ...... 4,640.00 ...... 4,640.00 7/20 7/21 Georgia ...... 305.00 ...... 305.00 Delegation expenses ...... 1,758.00 ...... 1,758.00 Hon. Jason Chaffetz ...... 7/21 7/22 Romania ...... 232.00 ...... 232.00 Delegation expenses ...... 3,330.00 ...... 3,330.00 7/22 7/24 Lithuania ...... 647.00 ...... 647.00 Delegation expenses ...... 3,451.00 ...... 3,451.00 Hon. Cynthia Lummis ...... 7/16 7/17 Portugal ...... 278.00 ...... 278.00 7/17 7/18 Israel ...... 498.00 ...... 498.00 7/18 7/20 Jordan ...... 711.00 ...... 711.00 7/20 7/21 Georgia ...... 305.00 ...... 305.00 7/21 7/22 Romania ...... 221.00 ...... 221.00 7/22 7/24 Lithuania ...... 647.00 ...... 647.00 Hon. Gary Palmer ...... 7/16 7/17 Portugal ...... 295.00 ...... 295.00 7/17 7/18 Israel ...... 498.00 ...... 498.00 7/18 7/20 Jordan ...... 711.00 ...... 711.00 7/20 7/21 Georgia ...... 305.00 ...... 305.00 7/21 7/22 Romania ...... 232.00 ...... 232.00 7/22 7/24 Lithuania ...... 647.00 ...... 647.00 Hon. Mark Walker ...... 7/16 7/17 Portugal ...... 330.00 ...... 330.00 7/17 7/18 Israel ...... 498.00 ...... 498.00 7/18 7/20 Jordan ...... 711.00 ...... 711.00 7/20 7/21 Georgia ...... 305.00 ...... 305.00 7/21 7/22 Romania ...... 232.00 ...... 232.00 7/22 7/24 Lithuania ...... 647.00 ...... 647.00 Hon. Jody Hice ...... 7 /16 7 /17 Portugal ...... 308.00 ...... 308.00 7/17 7/18 Israel ...... 498.00 ...... 498.00 7/18 7/20 Jordan ...... 711.00 ...... 711.00 7/20 7/21 Georgia ...... 305.00 ...... 305.00 7/21 7/22 Romania ...... 221.00 ...... 221.00 7/22 7/24 Lithuania ...... 647.00 ...... 647.00 Jennifer Hemingway ...... 7 /16 7 /17 Portugal ...... 278.00 ...... 278.00 7/17 7/18 Israel ...... 498.00 ...... 498.00 7/18 7/20 Jordan ...... 711.00 ...... 711.00 7/20 7/21 Georgia ...... 305.00 ...... 305.00 7/21 7/22 Romania ...... 221.00 ...... 221.00 7/22 7/24 Lithuania ...... 647.00 ...... 647.00 Meghan Berroya ...... 7/16 7/17 Portugal ...... 308.00 ...... 308.00 7/17 7/18 Israel ...... 498.00 ...... 498.00 7/18 7/20 Jordan ...... 711.00 ...... 711.00 7/20 7/21 Georgia ...... 305.00 ...... 305.00 7/21 7/22 Romania ...... 221.00 ...... 221.00 7/22 7/24 Lithuania ...... 647.00 ...... 647.00

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00165 Fmt 4634 Sfmt 8634 E:\CR\FM\A08DE7.061 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7566 CONGRESSIONAL RECORD — HOUSE December 8, 2016 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2016—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Mark DeSaulnier ...... 7/19 7/20 Jordan ...... 570.00 ...... 570.00 7/20 7/21 Georgia ...... 305.00 ...... 305.00 7/21 7/22 Romania ...... 232.00 ...... 232.00 7/22 7/24 Lithuania ...... 647.00 ...... 647.00 Commercial airfare ...... 1,449.00 ...... 1,449.00 Committee total ...... 24,672.00 ...... 20,459.00 ...... 29,474.00 ...... 74,605.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HON. JASON CHAFFETZ, Chairman, Nov. 23, 2016.

EXECUTIVE COMMUNICATIONS, Mr. MCCAUL: Committee on Homeland Se- the exchange of certain Federal land and ETC. curity. H.R. 5253. A bill to amend the Home- State land, and for other purposes; with an land Security Act of 2002 and the Immigra- amendment (Rept. 114–857, Pt. 1). Referred to Under clause 2 of rule XIV, executive tion and Nationality Act to improve visa se- the Committee of the Whole House on the communications were taken from the curity, visa applicant vetting, and for other state of the Union. Speaker’s table and referred as follows: purposes; with an amendment (Rept. 114–850, Mr. CHAFFETZ: Committee on Oversight 7816. A letter from the Regulations Coordi- Pt. 1). Ordered to be printed. and Government Reform. H.R. 5714. A bill to nator, Administration for Children and Fam- Mr. BISHOP of Utah: Committee on Nat- restore the financial solvency and improve ilies, Department of Health and Human Serv- ural Resources. H.R. 3094. A bill to amend the governance of the United States Postal ices, transmitting the Department’s final the Magnuson-Stevens Fishery Conservation Service in order to ensure the efficient and rule — Head Start Program (RIN: 0970-AC63) and Management Act to transfer to States affordable nationwide delivery of mail, and received December 6, 2016, pursuant to 5 the authority to manage red snapper fish- for other purposes (Rept. 114–858, Pt. 1). Re- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. eries in the Gulf of Mexico; with an amend- ferred to the Committee of the Whole House 251; (110 Stat. 868); to the Committee on Edu- ment (Rept. 114–851). Referred to the Com- on the State of the Union. cation and the Workforce. mittee of the Whole House on the state of Mr. CHAFFETZ: Committee on Oversight 7817. A letter from the Director, Regula- the Union. and Government Reform. H.R. 5707. A bill to tions Policy and Management Staff, FDA, Mr. KLINE: Committee on Education and amend title 5, United States Code, to provide Department of Health and Human Services, the Workforce. H.R. 5003. A bill to reauthor- for certain index fund investments from the transmitting the Department’s final rule — ize child nutrition programs, and for other Postal Service Retiree Health Benefits Fund, Food Additives Permitted in Feed and purposes; with an amendment (Rept. 114–852, and for other purposes (Rept. 114–859, Pt. 1). Drinking Water of Animals; Guanidinoacetic Pt. 1). Referred to the Committee of the Referred to the Committee of the Whole Acid [Docket No.: FDA-2015-F-2337] received Whole House on the state of the Union. House on the state of the Union. December 7, 2016, pursuant to 5 U.S.C. Mr. CHAFFETZ: Committee on Oversight Mr. CHAFFETZ: Committee on Oversight 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 and Government Reform. H.R. 5033. A bill to and Government Reform. H.R. 6008. A bill to Stat. 868); to the Committee on Energy and improve the Governmentwide management provide transit benefits to Federal employ- Commerce. of unnecessarily duplicative Government ees who use the services of transportation 7818. A letter from the Regulations Coordi- programs and for other purposes; with an network companies within the national cap- nator, Office of Inspector General, Depart- amendment (Rept. 114–853). Referred to the ital region, and for other purposes; with ment of Health and Human Services, trans- Committee of the Whole House on the state amendments (Rept. 114–860, Pt. 1). Referred mitting the Department’s final rule — Medi- of the Union. to the Committee of the Whole House on the care and State Health Care Programs: Fraud Mr. MCCAUL: Committee on Homeland Se- state of the Union. and Abuse; Revisions to the Safe Harbors curity. H.R. 1738. A bill to amend the Home- Mr. BRADY of Texas: Committee on Ways Under the Anti-Kickback Statute and Civil land Security Act of 2002 to direct the Sec- and Means. H.R. 5204. A bill to amend the In- Monetary Penalty Rules Regarding Bene- retary of Homeland Security to modernize ternal Revenue Code of 1986 and the Higher ficiary Inducements (RIN: 0936-AA06) Decem- and implement the national integrated pub- Education Act of 1965 to provide an exclusion ber 7, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); lic alert and warning system to disseminate from income for student loan forgiveness for Public Law 104-121, Sec. 251; (110 Stat. 868); to homeland security information and other in- students who have died or become disabled, the Committee on the Judiciary. formation, and for other purposes; with an with an amendment (Rept. 114–861, Pt. 1). Re- 7819. A letter from the Regulations Coordi- amendment (Rept. 114–854, Pt. 1). Referred to ferred to the Committee of the Whole House nator, Office of Inspector General, Depart- the Committee of the Whole House on the on the state of the Union. ment of Health and Human Services, trans- state of the Union. Mr. BRADY of Texas: Committee on Ways mitting the Department’s final rule — Medi- Mr. MCCAUL: Committee on Homeland Se- and Means. H.R. 4220. A bill to amend the In- care and State Health Care Programs: Fraud curity. H.R. 4383. A bill to require the Sec- ternal Revenue Code of 1986 to facilitate and Abuse; Revisions to the Office of Inspec- retary of Homeland Security to enhance De- water leasing and water transfers to promote tor General’s Civil Monetary Penalty Rules partment of Homeland Security coordination conservation and efficiency; with an amend- (RIN: 0936-AA04) received December 7, 2016, on how to identify and record information ment (Rept. 114–862). Referred to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law regarding individuals suspected or convicted mittee of the Whole House on the state of 104-121, Sec. 251; (110 Stat. 868); to the Com- of human trafficking, and for other purposes; the Union. mittee on the Judiciary. with an amendment (Rept. 114–855, Pt. 1). Re- Mr. BRADY of Texas: Committee on Ways 7820. A letter from the Attorney-Advisor, ferred to the Committee of the Whole House and Means. H.R. 5879. A bill to amend the In- U.S. Coast Guard, Department of Homeland on the state of the Union. ternal Revenue Code of 1986 to modify the Security, transmitting the Department’s Mr. BISHOP of Utah: Committee on Nat- credit for production from advanced nuclear temporary final rule — Special Local Regu- ural Resources. H.R. 3062. A bill to prohibit power facilities; with an amendment (Rept. lation; Arkansas River; Little Rock, AR the use of eminent domain in carrying out 114–863). Referred to the Committee of the [Docket No.: USCG-2016-0887] (RIN: 1625- certain projects (Rept. 114–856, Pt. 1). Re- Whole House on the state of the Union. AA08) received December 7, 2016, pursuant to ferred to the Committee of the Whole House DISCHARGE OF COMMITTEE 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. on the state of the Union. 251; (110 Stat. 868); to the Committee on Mr. BISHOP of Utah: Committee on Nat- Pursuant to clause 2 of rule XIII, the Transportation and Infrastructure. ural Resources. H.R. 4579. A bill to withdraw Committee on Transportation and In- certain Bureau of Land Management land in f frastructure discharged from further the State of Utah from all forms of public consideration. H.R. 1738 referred to the REPORTS OF COMMITTEES ON appropriation, to provide for the shared man- Committee of the Whole House on the PUBLIC BILLS AND RESOLUTIONS agement of the withdrawn land by the Sec- state of the Union. retary of the Interior and the Secretary of Under clause 2 of rule XIII, reports of the Air Force to facilitate enhanced weapons Pursuant to clause 2 of rule XIII, the committees were delivered to the Clerk testing and pilot training, enhance public Committee on Energy and Commerce for printing and reference to the proper safety, and provide for continued public ac- discharged from further consideration. calendar, as follows: cess to the withdrawn land, to provide for H.R. 3062 referred to the Committee of

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00166 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.061 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7567 the Whole House on the state of the H.R. 6476. A bill to amend the Lobbying By Mr. CARTWRIGHT (for himself, Mr. Union. Disclosure Act of 1995 and the Foreign GRAYSON, Mr. MCDERMOTT, Mr. GRI- Pursuant to clause 2 of rule XIII, the Agents Registration Act of 1938 to restrict JALVA, Ms. EDWARDS, and Ms. JACK- the lobbying activities of former political SON LEE): Committee on the Judiciary discharged appointees, and for other purposes; to the H.R. 6485. A bill to amend the Older Ameri- from further consideration. H.R. 4383 Committee on the Judiciary. cans Act of 1965 to develop and test an ex- referred to the Committee of the Whole By Mr. CHABOT (for himself, Mr. panded and advanced role for direct care House on the state of the Union. COHEN, Mr. GOODLATTE, and Mr. CON- workers who provide long-term services and Pursuant to clause 2 of rule XIII, the YERS): supports to older individuals in efforts to co- Committee on Armed Services dis- H.R. 6477. A bill to amend chapter 97 of ordinate care and improve the efficiency of charged from further consideration. title 28, United States Code, to clarify the service delivery; to the Committee on Edu- exception to foreign sovereign immunity set cation and the Workforce. H.R. 4579 referred to the Committee of forth in section 1605(a)(3) of such title; con- By Mr. RUSH: the Whole House on the state of the sidered and passed. considered and passed. H.R. 6486. A bill to require, as a condition Union. By Ms. CLARK of Massachusetts: on the receipt of Federal funds, that States Pursuant to clause 2 of rule XIII, the H.R. 6478. A bill to amend title 18, United require law enforcement agencies to have in Committee on the Budget discharged States Code, to provide criminal and civil effect a policy regarding the use of body- from further consideration. H.R. 5003 remedies for publication of personally identi- worn cameras and dashboard cameras; to the fiable information with the intent to do Committee on the Judiciary. referred to the Committee of the Whole harm; to the Committee on the Judiciary. By Mr. ROYCE (for himself and Ms. House on the state of the Union. By Mr. THORNBERRY: MOORE): Pursuant to clause 2 of rule XIII, the H.R. 6479. A bill to survey the gradient H.R. 6487. A bill to require Fannie Mae and Committee on Education and the boundary along the Red River in the States Freddie Mac to engage in credit risk transfer Workforce discharged from further of Oklahoma and Texas, and for other pur- transactions, and for other purposes; to the consideration. H.R. 5204 referred to the poses; to the Committee on Natural Re- Committee on Financial Services, and in ad- dition to the Committees on Agriculture, Committee of the Whole House on the sources. By Mr. NUNES (for himself and Mr. and Ways and Means, for a period to be sub- state of the Union. SCHIFF): sequently determined by the Speaker, in Pursuant to clause 2 of rule XIII, the H.R. 6480. A bill to authorize appropria- each case for consideration of such provi- Committee on the Budget discharged tions for fiscal year 2017 for intelligence and sions as fall within the jurisdiction of the from further consideration. H.R. 5707 intelligence-related activities of the United committee concerned. referred to the Committee of the Whole States Government, the Intelligence Com- By Ms. MOORE: H.R. 6488. A bill to amend the Securities House on the state of the Union. munity Management Account, and the Cen- tral Intelligence Agency Retirement and Dis- Act of 1933 and the Securities Exchange Act Pursuant to clause 2 of rule XIII, the ability System, and for other purposes; to of 1934 to remove the exemption from reg- Committees on Ways and Means and the Committee on Intelligence (Permanent istration for certain private activity bonds, Energy and Commerce discharged from Select). considered and passed. considered to authorize the Securities and Exchange further consideration. H.R. 5714 re- and passed. Commission to require the preparation of ferred to the Committee of the Whole By Ms. KAPTUR (for herself, Mr. periodic reports by issuers of municipal secu- YOUNG of Alaska, Mr. CONYERS, Ms. rities, to authorize the Securities and Ex- House on the state of the Union. change Commission to establish baseline Pursuant to clause 2 of rule XIII, the MOORE, Ms. PINGREE, and Mr. RYAN of Ohio): mandatory disclosure in primary offerings of Committee on Ways and Means dis- H.R. 6481. A bill to promote and enhance such securities, and for other purposes; to charged from further consideration. urban agricultural production and agricul- the Committee on Financial Services. H.R. 6008 referred to the Committee of tural research in urban areas, and for other By Mr. SAM JOHNSON of Texas: the Whole House on the state of the purposes; to the Committee on Agriculture. H.R. 6489. A bill to preserve Social Secu- rity for generations to come, reward work, Union. By Mr. SMITH of New Jersey: H.R. 6482. A bill to amend the Inter- and improve retirement security; to the f national Religious Freedom Act of 1998 to Committee on Ways and Means. improve the ability of the United States to By Mr. SMITH of Texas: REPORTED BILLS SEQUENTIALLY H.R. 6490. A bill to invest in innovation advance religious freedom globally through REFERRED through research and development, and to enhanced diplomacy, training, counterter- improve the competitiveness of the United Under clause 2 of rule XII, bills and rorism, and foreign assistance efforts, and States; to the Committee on Science, Space, reports were delivered to the Clerk for through stronger and more flexible political and Technology, and in addition to the Com- responses to religious freedom violations and printing, and bills referred as follows: mittees on Oversight and Government Re- violent extremism worldwide, and for other Mr. BISHOP of Utah: Committee on Nat- form, and Education and the Workforce, for purposes; to the Committee on Foreign Af- ural Resources. H.R. 3062. A bill to prohibit a period to be subsequently determined by fairs, and in addition to the Committees on the use of eminent domain in carrying out the Speaker, in each case for consideration certain projects; referred to the Committee Financial Services, and Oversight and Gov- of such provisions as fall within the jurisdic- on Energy and Commerce for a period ending ernment Reform, for a period to be subse- tion of the committee concerned. not later than December 8, 2016, for consider- quently determined by the Speaker, in each By Mr. GOSAR: ation of such provisions of the bill as fall case for consideration of such provisions as H.R. 6491. A bill to authorize the Secretary fall within the jurisdiction of the committee within the jurisdiction of that committee of the Interior to convey certain land to La concerned. pursuant to clause 1(f) of rule X (Rept. 114– Paz County, Arizona, and for other purposes; By Mr. PRICE of North Carolina: 856, Pt. 1). Ordered to be printed. to the Committee on Natural Resources. H.R. 6483. A bill to encourage the develop- Mr. CHAFFETZ: Committee on Oversight By Mr. ELLISON: ment, certification, and adoption of environ- H.R. 6492. A bill to amend the Internal Rev- and Government Reform. H.R. 5707. A bill to mentally sustainable swine waste disposal amend title 5, United States Code, to provide enue Code of 1986 to reduce the mortgage in- technologies, and for other purposes; to the terest deduction relating to acquisition in- for certain index fund investments from the Committee on Agriculture, and in addition Postal Service Retiree Health Benefits Fund, debtedness for certain taxpayers; to the to the Committee on Ways and Means, for a Committee on Ways and Means. and for other purposes; referred to the Com- period to be subsequently determined by the mittee on the Budget for a period ending not By Mr. VEASEY: Speaker, in each case for consideration of H.R. 6493. A bill to ensure that members of later than December 8, 2016, for consider- such provisions as fall within the jurisdic- the uniformed services will have access to ation of such provisions of the bill as fall tion of the committee concerned. information to make informed choices re- within the jurisdiction of that committee By Mr. RUSH: garding the retirement options to be made pursuant to clause 1(d) of rule X (Rept. 114– H.R. 6484. A bill to acknowledge the funda- available to members; to the Committee on 859, Pt. 1). Ordered to be printed. mental injustice and the subsequent de jure Armed Services. f and de facto racial and economic discrimina- By Mr. VEASEY: tion against those African-Americans im- H.R. 6494. A bill to amend title 39, United PUBLIC BILLS AND RESOLUTIONS pacted by the ‘‘War on Drugs‘‘ and the subse- States Code, to provide that any absentee Under clause 2 of rule XII, public quent disparate and discriminatory mass in- ballot may be mailed free of postage, and for bills and resolutions of the following carceration, to determine the role that pri- other purposes; to the Committee on Over- vate corporations played in the prison indus- titles were introduced and severally re- sight and Government Reform, and in addi- trial complex, to determine the impact of tion to the Committee on House Administra- ferred, as follows: these forces on their families, to make rec- tion, for a period to be subsequently deter- By Mr. DEFAZIO (for himself, Ms. ommendations to the Congress on appro- mined by the Speaker, in each case for con- GABBARD, Mr. CICILLINE, Ms. SLAUGH- priate remedies, and for other purposes; to sideration of such provisions as fall within TER, and Ms. KAPTUR): the Committee on the Judiciary. the jurisdiction of the committee concerned.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00167 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.029 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7568 CONGRESSIONAL RECORD — HOUSE December 8, 2016 By Mr. VEASEY (for himself and Mr. women and children by alleviating the phys- and loan guarantees for constructing or ren- CASTRO of Texas): ical, financial, social, emotional, and other ovating, or planning construction or renova- H.R. 6495. A bill to require the Secretary of difficulties that may be encountered during tion of, qualified psychiatric and substance Homeland Security, with respect to individ- pregnancy and childrearing; to the Com- abuse treatment facilities, and for other pur- uals who have timely filed a DACA renewal mittee on Energy and Commerce, and in ad- poses; to the Committee on Energy and Com- request, to provide a short-term, interim dition to the Committee on Education and merce. grant of deferred action and employment au- the Workforce, for a period to be subse- By Mr. KING of Iowa: thorization when there is a delay in proc- quently determined by the Speaker, in each H.R. 6513. A bill to amend the Internal Rev- essing the renewal request because of a serv- case for consideration of such provisions as enue Code of 1986 to expand health savings ice disruption or other technical problem fall within the jurisdiction of the committee accounts, and for other purposes; to the that causes adjudications to stop or stall; to concerned. Committee on Ways and Means. the Committee on the Judiciary. By Ms. GABBARD (for herself, Mr. By Mr. LANCE: H.R. 6514. A bill to amend the Patient Pro- By Ms. JUDY CHU of California (for WELCH, Ms. LEE, Mr. ROHRABACHER, tection and Affordable Care Act to redirect herself and Mr. SMITH of Texas): and Mr. MASSIE): H.R. 6496. A bill to amend title 17, United H.R. 6504. A bill to prohibit the use of user fees assessed of health insurance issuers States Code, to establish a small claims sys- United States Government funds to provide on Federal Exchanges, and for other pur- tem within the Copyright Office, and for assistance to Al Qaeda, Jabhat Fateh al- poses; to the Committee on Energy and Com- other purposes; to the Committee on the Ju- Sham, and the Islamic State of Iraq and the merce. diciary. Levant (ISIL) and to countries supporting By Mr. MULLIN (for himself, Mr. By Mr. CARTER of Georgia: those organizations, and for other purposes; BRIDENSTINE, Mrs. LAWRENCE, Mr. H.R. 6497. A bill to require screening trans- to the Committee on Foreign Affairs, and in MESSER, and Mr. STUTZMAN): H.R. 6515. A bill to amend the Patient Pro- parency and accountability of the TSA, and addition to the Committee on Intelligence tection and Affordable Care Act to clarify for other purposes; to the Committee on (Permanent Select), for a period to be subse- the application of the rule for counting resi- Homeland Security. quently determined by the Speaker, in each dent time in nonprovider settings; to the By Mr. CICILLINE (for himself, Ms. case for consideration of such provisions as Committee on Ways and Means, and in addi- ROYBAL-ALLARD, Mr. MEEKS, Mr. fall within the jurisdiction of the committee tion to the Committee on Energy and Com- BEYER, Mr. MCGOVERN, Ms. SCHA- concerned. merce, for a period to be subsequently deter- KOWSKY, Mr. HASTINGS, Mr. BRENDAN By Mr. GRAYSON: mined by the Speaker, in each case for con- F. BOYLE of Pennsylvania, Ms. H.R. 6505. A bill to require that jurisdic- sideration of such provisions as fall within MOORE, Mr. RYAN of Ohio, Ms. tions receiving Byrne JAG funds have in the jurisdiction of the committee concerned. VELA´ ZQUEZ, Mr. DEFAZIO, Ms. KAP- place an independent civilian review board By Mr. O’ROURKE (for himself and Mr. TUR, Ms. BROWNLEY of California, Ms. for the purpose of reviewing allegations of WALZ): LOFGREN, Mr. GRIJALVA, Mr. TED brutality and civil rights violations made H.R. 6516. A bill to amend the Veterans Ac- LIEU of California, Mr. NADLER, Ms. against law enforcement officers of the law cess, Choice, and Accountability Act of 2014 TITUS, and Mr. COHEN): enforcement agency of that jurisdiction; to to expand eligibility for the Veterans Choice H.R. 6498. A bill to require the disclosure of the Committee on the Judiciary. the Federal income tax returns of the Presi- Program of the Department of Veterans Af- By Mr. GRAYSON: fairs, to establish a minimum period of care dent; to the Committee on Oversight and H.R. 6506. A bill to provide that the Presi- or services under such program, and for Government Reform, and in addition to the dent shall be financially responsible for any other purposes; to the Committee on Vet- Committee on Ways and Means, for a period additional security measures imposed on erans’ Affairs. to be subsequently determined by the Speak- property in which the President holds an By Mr. O’ROURKE (for himself and Mr. er, in each case for consideration of such pro- ownership interest, and for other purposes; WALZ): visions as fall within the jurisdiction of the to the Committee on Oversight and Govern- H.R. 6517. A bill to direct the Secretary of committee concerned. ment Reform. Defense and the Secretary of Veterans Af- By Mr. DANNY K. DAVIS of Illinois: By Mr. GRAYSON: fairs to post at certain locations the average H.R. 6499. A bill to permit the H.R. 6507. A bill to amend section 552 of national wait times for veterans to receive expungement of records of certain non- title 5, United States Code (commonly an appointment for health care at medical violent criminal offenses; to the Committee known as the Freedom of Information Act), facilities of the Department of Veterans Af- on the Judiciary. to require an agency to release the Federal fairs, and for other purposes; to the Com- By Mr. DELANEY (for himself, Mr. income tax returns of the President upon re- mittee on Veterans’ Affairs, and in addition CARNEY, and Mr. HIMES): quest, and for other purposes; to the Com- to the Committee on Armed Services, for a H.R. 6500. A bill to establish a Mortgage mittee on Ways and Means, and in addition period to be subsequently determined by the Credit Risk Sharing Pilot Program at to the Committee on Oversight and Govern- Speaker, in each case for consideration of Fannie Mae and Freddie Mac, and for other ment Reform, for a period to be subsequently such provisions as fall within the jurisdic- purposes; to the Committee on Financial determined by the Speaker, in each case for tion of the committee concerned. Services, and in addition to the Committee consideration of such provisions as fall with- By Mr. PITTS (for himself, Mr. FLO- on Ways and Means, for a period to be subse- in the jurisdiction of the committee con- RES, Mrs. BROOKS of Indiana, Mr. quently determined by the Speaker, in each cerned. BUCSHON, Mr. COLLINS of New York, case for consideration of such provisions as By Mr. GRIJALVA: Mr. GUTHRIE, Mrs. BLACKBURN, and fall within the jurisdiction of the committee H.R. 6508. A bill to amend the Safe Drink- Mr. MULLIN): concerned. ing Water Act to require that underground H.R. 6518. A bill to amend title XIX of the By Ms. DELAURO (for herself, Ms. injection control programs prevent seis- Social Security Act to improve the Medicaid SCHAKOWSKY, Mr. DOGGETT, Mr. micity induced by underground injection ac- and CHIP Payment and Access Commission MCDERMOTT, Mr. HONDA, Ms. MOORE, tivities, and for other purposes; to the Com- (MACPAC); to the Committee on Energy and Ms. KAPTUR, and Mr. WELCH): mittee on Energy and Commerce. Commerce. H.R. 6501. A bill to establish within the By Mr. HECK of Washington: By Mr. QUIGLEY: Food and Drug Administration the Prescrip- H.R. 6509. A bill to amend the H.R. 6519. A bill to protect any State or tion Drug and Medical Device Price Review Servicemembers Civil Relief Act to improve local authority that limits or restricts com- Board to regulate the prices of certain pre- the submission of proof of military service pliance with an immigration detainer re- scription drugs and medical devices, and for for purposes of interest rate limitations quest remains eligible for grants and appro- other purposes; to the Committee on Energy under such Act; to the Committee on Vet- priated funds; to the Committee on the Judi- and Commerce, and in addition to the Com- erans’ Affairs. ciary, and in addition to the Committee on mittees on Ways and Means, and the Judici- By Mr. HONDA: Oversight and Government Reform, for a pe- ary, for a period to be subsequently deter- H.R. 6510. A bill to provide for the tem- riod to be subsequently determined by the mined by the Speaker, in each case for con- porary resettlement of Syrian children in Speaker, in each case for consideration of sideration of such provisions as fall within the United States, and for other purposes; to such provisions as fall within the jurisdic- the jurisdiction of the committee concerned. the Committee on the Judiciary. tion of the committee concerned. By Ms. DUCKWORTH (for herself and By Mr. HUFFMAN: By Miss RICE of New York: Mr. COHEN): H.R. 6511. A bill to amend section 953 of H.R. 6520. A bill to amend the Older Ameri- H.R. 6502. A bill to direct the Secretary of title 18, United States Code (commonly cans Act of 1965 to authorize services to be Transportation to require new schoolbuses called the Logan Act) to clarify the applica- provided to individuals with Alzheimer’s dis- to be equipped with three-point safety belts tion of that section to Presidents-elect; to ease or a related disorder with neurological at each designated seating position; to the the Committee on the Judiciary. and organic brain dysfunction who have not Committee on Transportation and Infra- By Mr. KILMER (for himself, Ms. HER- attained 60 years of age; to the Committee structure. RERA BEUTLER, and Mr. MURPHY of on Education and the Workforce. By Mr. FORTENBERRY: Pennsylvania): By Miss RICE of New York: H.R. 6503. A bill to facilitate services and H.R. 6512. A bill to authorize the Secretary H.R. 6521. A bill to amend the Internal Rev- support to prevent the abandonment of of Health and Human Services to make loans enue Code of 1986 to increase the deduction

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00168 Fmt 4634 Sfmt 0634 E:\CR\FM\L08DE7.100 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7569

allowed for student loan interest and to ex- PETERS, Ms. CLARKE of New York, Article 1, Section 8 clude from gross income discharges of in- Ms. EDDIE BERNICE JOHNSON of Texas, By Mr. THORNBERRY: come contingent or income-based student Mr. PALLONE, Ms. SCHAKOWSKY, Mr. H.R. 6479. loan indebtedness; to the Committee on BECERRA, Mr. RUIZ, Mr. HUFFMAN, Congress has the power to enact this legis- Ways and Means, and in addition to the Com- Ms. LINDA T. SA´ NCHEZ of California, lation pursuant to the following: mittee on Education and the Workforce, for and Mr. GUTIE´ RREZ): Article 1, Section 8 and Article IV, Section a period to be subsequently determined by H. Res. 952. A resolution recognizing the 3 of the United States Constitution. the Speaker, in each case for consideration immense contributions of Congressman Mi- By Mr. NUNES: of such provisions as fall within the jurisdic- chael M. Honda throughout his tenure in H.R. 6480. tion of the committee concerned. Congress; to the Committee on House Ad- Congress has the power to enact this legis- By Mr. SCHRADER: ministration. lation pursuant to the following: H.R. 6522. A bill to direct the Secretary of By Mr. LOWENTHAL (for himself, Ms. The intelligence and intelligence-related Defense to submit to Congress a certain BONAMICI, Mr. CA´ RDENAS, Mr. CART- activities of the United States Government, study by the Defense Business Board regard- WRIGHT, Ms. JUDY CHU of California, including those under Title 50, are carried ing potential cost savings in the Department Mr. CICILLINE, Mr. CONNOLLY, Mr. out to support the national security inter- of Defense and to provide for expedited con- COSTA, Mr. CROWLEY, Mrs. DINGELL, ests of the United States, to enable the sideration of legislation to implement such Mr. ELLISON, Mr. GRIJALVA, Mr. armed forces of the United States, and to cost savings; to the Committee on Armed GUTIE´ RREZ, Mr. HONDA, Ms. JACKSON support the President in executing the for- Services, and in addition to the Committee LEE, Mr. KEATING, Mrs. LAWRENCE, eign policy of the United States. on Rules, for a period to be subsequently de- Ms. LEE, Mr. LEVIN, Ms. LOFGREN, Article I, section 8 of the Constitution of termined by the Speaker, in each case for Ms. MATSUI, Ms. MCCOLLUM, Mr. the United States, in pertinent part, that consideration of such provisions as fall with- MCGOVERN, Mr. MCNERNEY, Ms. NOR- ‘‘Congress shall have power . . . to . . . pro- in the jurisdiction of the committee con- TON, Mr. PETERS, Mr. POCAN, Ms. vide for the common Defense and general cerned. LINDA T. SA´ NCHEZ of California, Mr. Welfare of the United States’’; ‘‘. . . to raise By Ms. SPEIER (for herself, Mr. CAR- SHERMAN, and Ms. SPEIER): and support armies . . .’’; to ‘‘make Rules SON of Indiana, Ms. CASTOR of Flor- H. Res. 953. A resolution recognizing the concerning Captures on Land and Water’’; ida, Ms. KUSTER, Ms. LEE, Mrs. CARO- 68th anniversary of the Universal Declara- and ‘‘To make all laws which shall be nec- LYN B. MALONEY of New York, and tion of Human Rights and the celebration of essary and proper for carrying into Execu- Ms. MOORE): ‘‘Human Rights Day’’; to the Committee on tion the foregoing Powers and all other Pow- H.R. 6523. A bill to amend the Family Edu- Foreign Affairs. ers vesting in the Constitution in the Gov- cational Rights and Privacy Act of 1974 to By Mr. QUIGLEY (for himself, Ms. ernment of the United States, or in any De- require the notification of institutions of DUCKWORTH, Mr. DOLD, Ms. KELLY of partment or Officer thereof.’’ postsecondary education of public safety Illinois, Mr. GUTIE´ RREZ, Mr. LIPINSKI, By Ms. KAPTUR: concerns; to the Committee on Education Ms. SCHAKOWSKY, and Mr. BOST): H.R. 6481. and the Workforce. H. Res. 954. A resolution congratulating Congress has the power to enact this legis- By Mr. TONKO: the Chicago Cubs on winning the 2016 Major lation pursuant to the following: H.R. 6524. A bill to direct the Secretary of League Baseball World Series; to the Com- Article I, Section 8, Clause 18: the Interior to establish a nonregulatory mittee on Oversight and Government Re- To make all Laws which shall be necessary program to support restoration and protec- form. and proper for carrying into Execution the tion efforts in the Hudson-Mohawk River By Mr. SALMON (for himself, Mr. DUN- foregoing Powers, and all other Powers vest- Basin region, and for other purposes; to the CAN of South Carolina, Mr. ed by this Constitution in the Government of Committee on Natural Resources, and in ad- DESJARLAIS, Mr. PRICE of North the United States, or in any Department or dition to the Committee on Transportation Carolina, Mr. PALLONE, and Mr. ROS- Officer thereof. and Infrastructure, for a period to be subse- KAM): By Mr. SMITH of New Jersey: quently determined by the Speaker, in each H. Res. 955. A resolution expressing the H.R. 6482. case for consideration of such provisions as sense of the House of Representatives regard- Congress has the power to enact this legis- fall within the jurisdiction of the committee ing the progress of peace and justice, ac- lation pursuant to the following: concerned. countability, and reconciliation in Sri Article 1, Section 8 By Mrs. WATSON COLEMAN: Lanka after 26 years of a debilitating armed By Mr. PRICE of North Carolina: H.R. 6525. A bill to amend the Elementary conflict, and support for inclusive develop- H.R. 6483. and Secondary Education Act of 1965 to re- ment and a strong and enduring relationship Congress has the power to enact this legis- quire students to undergo lead screenings; to between the United States and Sri Lanka; to lation pursuant to the following: the Committee on Education and the Work- the Committee on Foreign Affairs. Article I, section 8 of the Constitution of force. the United States, the general welfare By Mr. SHUSTER: f clause. H. Con. Res. 183. Concurrent resolution di- CONSTITUTIONAL AUTHORITY By Mr. RUSH: recting the Secretary of the Senate to make STATEMENT H.R. 6484. a correction in the enrollment of the bill S. Congress has the power to enact this legis- 612; considered and agreed to. Pursuant to clause 7 of rule XII of lation pursuant to the following: By Mr. ROYCE: the Rules of the House of Representa- Article I, Section 8, Clause 1: ‘‘The Con- H. Res. 951. A resolution denouncing the tives, the following statements are sub- gress shall have power to . . . provide for the wrongful and unjust seizure and confiscation mitted regarding the specific powers . . . general welfare of the United States of private property of Iranians both inside . . .’’; and and outside of Iran, including United States granted to Congress in the Constitu- tion to enact the accompanying bill or Article I, Section 8, Clause 18: ‘‘To make citizens of Iranian descent, by the Govern- all laws which shall be necessary and proper ment of Iran; to the Committee on Foreign joint resolution. for carrying into execution the foregoing Affairs. By Mr. DEFAZIO: powers . . .’’ By Ms. JUDY CHU of California (for H.R. 6476. By Mr. CARTWRIGHT: herself, Mr. AL GREEN of Texas, Ms. Congress has the power to enact this legis- H.R. 6485. ROYBAL-ALLARD, Ms. LEE, Ms. MAT- lation pursuant to the following: Congress has the power to enact this legis- SUI, Mr. MCNERNEY, Mr. SABLAN, Mrs. Article 1, Section 8, Clause 18 (relating to lation pursuant to the following: NAPOLITANO, Ms. LOFGREN, Mr. the power to make all laws necessary and Article I; Section 8; Clause 1 SCHIFF, Mr. BERA, Mrs. WATSON COLE- proper for carrying out the powers vested in By Mr. RUSH: MAN, Ms. GABBARD, Mr. POCAN, Ms. Congress) H.R. 6486. WILSON of Florida, Mr. SWALWELL of By Mr. CHABOT: Congress has the power to enact this legis- California, Mr. BEYER, Mr. WELCH, H.R. 6477. lation pursuant to the following: Ms. ESHOO, Mr. CAPUANO, Mr. ELLI- Congress has the power to enact this legis- Article I, Section 8, Clause 1: ‘‘The Con- SON, Mr. TED LIEU of California, Ms. lation pursuant to the following: gress shall have power to provide for the . . . VELA´ ZQUEZ, Mrs. DAVIS of California, The constitutional authority on which this general welfare of the United States . . .’’; Mr. GARAMENDI, Mrs. TORRES, Mr. legislation is based is found in article I, sec- and COSTA, Mr. TAKANO, Ms. MENG, Mr. tion 8, clause 9; article III, section 1, clause Article I, Section 8, Clause 18: ‘‘To make GALLEGO, Mr. CUMMINGS, Mr. GRI- 3; and article III, section 2, clause 2, of the all laws which shall be necessary and proper JALVA, Mr. NADLER, Mr. LOWENTHAL, Constitution, which grant Congress author- for carrying into execution the foregoing Mrs. DINGELL, Ms. HANABUSA, Mr. ity over federal courts. powers . . .’’ DANNY K. DAVIS of Illinois, Ms. By Ms. CLARK of Massachusetts: By Mr. ROYCE: DUCKWORTH, Mr. SCOTT of Virginia, H.R. 6478. H.R. 6487. Ms. BORDALLO, Mr. THOMPSON of Cali- Congress has the power to enact this legis- Congress has the power to enact this legis- fornia, Mr. COHEN, Ms. FUDGE, Mr. lation pursuant to the following: lation pursuant to the following:

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00169 Fmt 4634 Sfmt 0634 E:\CR\FM\L08DE7.100 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE H7570 CONGRESSIONAL RECORD — HOUSE December 8, 2016 Article I, section 8, clause 1 (relating to Article I, Section 8 United States Constitution, Article I, Sec- the general welfare of the United States); By Mr. CARTER of Georgia: tion 8, the reported bill is authorized by Con- By Ms. MOORE: H.R. 6497. gress’ power ‘‘to make Rules for the Govern- H.R. 6488. Congress has the power to enact this legis- ment and Regulation of the land and naval Congress has the power to enact this legis- lation pursuant to the following: Forces.’’ lation pursuant to the following: Article I, Section 8, Clause 18 By Mr. HONDA: Article I, section 8, clause 3 The Congress shall have Power to make all H.R. 6510. By Mr. SAM JOHNSON of Texas: Laws which shall be necessary and proper for Congress has the power to enact this legis- H.R. 6489. carrying into Execution the foregoing Pow- lation pursuant to the following: Congress has the power to enact this legis- ers, and all other Powers vested by the Con- Section 8 of article I of the Constitution. lation pursuant to the following: stitution in the Government of the United By Mr. HUFFMAN: Clause 1 of section 8 of article I of the Con- States, or in any Department or Officer H.R. 6511. stitution, to ‘‘lay and collect taxes . . . and thereof. Congress has the power to enact this legis- provide for the common defense and general By Mr. CICILLINE: lation pursuant to the following: welfare of the United States.’’ H.R. 6498. Article 1, Section 8, Clause 18: To make all By Mr. SMITH of Texas: Congress has the power to enact this legis- Laws which shall be necessary and proper for H.R. 6490. lation pursuant to the following: carrying into Execution the foregoing Pow- Congress has the power to enact this legis- Article I, section 8. ers, and all other Powers vested by this Con- lation pursuant to the following: By Mr. DANNY K. DAVIS of Illinois: stitution in the Government of the United Article I, Section 8, Clause 18: H.R. 6499. States, or in any Department or office there- The Congress shall have power to make all Congress has the power to enact this legis- of. Laws which shall be necessary and proper for lation pursuant to the following: By Mr. KILMER: carrying into Execution the foregoing Pow- This bill is enacted pursuant to the power H.R. 6512. ers, and all other Powers vested by this Con- granted to Congress under Article I of the Congress has the power to enact this legis- stitution in the Government of the United United States Constitution and its subse- lation pursuant to the following: States, or in any Department of Officer quent amendments, and further clarified and Article I, Section 8, Clause 1. thereof. interpreted by the Supreme Court of the By Mr. KING of Iowa: By Mr. GOSAR: United States H.R. 6513. H.R. 6491. By Mr. DELANEY: Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 6500. lation pursuant to the following: lation pursuant to the following: Congress has the power to enact this legis- Section 8, Clause 1 of the United States Article IV, Section 3, Clause 2 (the Prop- lation pursuant to the following: Constitution erty Clause) The primary constitutional authority for By Mr. LANCE: Under this clause, Congress has the power this bill is Article 1 Section 8 of the U.S. H.R. 6514. to dispose of and make all needful rules and Constitution. Congress has the power to enact this legis- regulations respecting the territory or other By Ms. DELAURO: lation pursuant to the following: property belonging to the United States. By H.R. 6501. Article I, Sec. 8, Clause 1, of the United virtue of this enumerated power, Congress Congress has the power to enact this legis- States Constitution has governing authority over the lands, ter- lation pursuant to the following: This states that ‘‘Congress shall have ritories, or other property of the United Article 1, Section 8, Clause 3 and Article 1, power to . . . lay and collect taxes, duties, States—and with this authority Congress is Section 8, Clause 18 of the United States imposts and excises, to pay the debts and vested with the power to all owners in fee, Constitution. provide for the common defense and general the ability to sell, lease, dispose, exchange, By Ms. DUCKWORTH: welfare of the United States.’’ convey, or simply preserve land. The Su- H.R. 6502. By Mr. MULLIN: preme Court has described this enumerated Congress has the power to enact this legis- H.R. 6515. grant as one ‘‘without limitation’’ Kleppe v lation pursuant to the following: Congress has the power to enact this legis- New Mexico, 426 U.S. 529, 542–543 (1976) (‘‘And Article I, Section 8, Clause 18, United lation pursuant to the following: while the furthest reaches of the power States Constitution Article 1, Section 8, Clause 1 of the United granted by the Property Clause have not By Mr. FORTENBERRY: States Constitution been definitely resolved, we have repeatedly H.R. 6503. By Mr. O’ROURKE: observed that the power over the public land Congress has the power to enact this legis- H.R. 6516. thus entrusted to Congress is without limita- lation pursuant to the following: Congress has the power to enact this legis- tion.’’) The constitutional authority for this bill is lation pursuant to the following: Historically, the federal government trans- pursuant to Article I, Section 8, Clause 18 of Under Article I, Section 8 of the Constitu- ferred ownership of federal property to either the United States Constitution. tion, Congress has the power ‘‘to make all private ownership or the states in order to By Ms. GABBARD: Laws which shall be necessary and proper for pay off large Revolutionary War debts and to H.R. 6504. carrying into Execution the foregoing Pow- assist with the development of infrastruc- Congress has the power to enact this legis- ers, and all other Powers vested by this Con- ture. The transfers codified by this legisla- lation pursuant to the following: stitution in the Government of the United tion are thus constitutional. Article 1, Section 9, Clause 7 States, or any Department or Officer there- By Mr. ELLISON: Article 1, Section 8, Clause 1 of’’. H.R. 6492. Article 1, Section 8, Clause 18 By Mr. O’ROURKE: Congress has the power to enact this legis- By Mr. GRAYSON: H.R. 6517. lation pursuant to the following: H.R. 6505. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to Article I, Section 7, lation pursuant to the following: Under Article I, Section 8 of the Constitu- Clause 1 and Section 8, Clause 1. Article 1, Section 8, of the United States tion, Congress has the power ‘‘to make all By Mr. VEASEY: Constitution. Laws which shall be necessary and proper for H.R. 6493. By Mr. GRAYSON: carrying into Execution the foregoing Pow- Congress has the power to enact this legis- H.R. 6506. ers, and all other Powers vested by this Con- lation pursuant to the following: Congress has the power to enact this legis- stitution in the Government of the United Article 1, Section 8 of the United States lation pursuant to the following: States, or any Department or Officer there- Constitution Article 1, Section 8, of the United States of’’. By Mr. VEASEY: Constitution. By Mr. PITTS: H.R. 6494. By Mr. GRAYSON: H.R. 6518. Congress has the power to enact this legis- H.R. 6507. Congress has the power to enact this legis- lation pursuant to the following: Congress has the power to enact this legis- lation pursuant to the following: The Twenty-Fourth Amendment to the lation pursuant to the following: Article I, Section 8, Clause 1 U.S. Constitution prohibiting the payment of Article 1, Section 8, of the United States The Congress shall have Power To lay and poll tax in elections for federal officials. Constitution. collect Taxes, Duties, Imposts and Excises, By Mr. VEASEY: By Mr. GRIJALVA: to pay the Debts and provide for the common H.R. 6495. H.R. 6508. Defense and general Welfare of the United Congress has the power to enact this legis- Congress has the power to enact this legis- States; but all Duties, Imposts and Excises lation pursuant to the following: lation pursuant to the following: shall be uniform throughout the United Article 1, Section 8 Article I, Section 8 States; By Ms. JUDY CHU of California: By Mr. HECK of Washington: By Mr. QUIGLEY: H.R. 6496. H.R. 6509. H.R. 6519. Congress has the power to enact this legis- Congress has the power to enact this legis- Congress has the power to enact this legis- lation pursuant to the following: lation pursuant to the following: lation pursuant to the following:

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00170 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.057 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE December 8, 2016 CONGRESSIONAL RECORD — HOUSE H7571

Article 1, Section 8, Clause 3 of the U.S. H.R. 2022: Ms. MENG. H.R. 5735: Mr. BUCSHON, Mrs. BROOKS of In- Constitution H.R. 2035: Mr. TED LIEU of California and diana, Mr. TED LIEU of California, Mr. VIS- By Miss RICE of New York: Ms. MENG. CLOSKY, Mr. HONDA, and Ms. LOFGREN. H.R. 6520. H.R. 2065: Ms. MENG. H.R. 5738: Ms. BONAMICI. Congress has the power to enact this legis- H.R. 2124: Ms. MOORE, Ms. GABBARD, Mr. H.R. 5758: Mr. LOWENTHAL and Mrs. KIRK- lation pursuant to the following: RUPPERSBERGER, and Mr. COHEN. PATRICK. Article 1, Section 8 H.R. 2138: Ms. MENG. H.R. 5779: Mr. BRENDAN F. BOYLE of Penn- By Miss RICE of New York: H.R. 2143: Mr. BRENDAN F. BOYLE of Penn- sylvania. H.R. 6521. sylvania, Mr. KIND, Mr. SMITH of Wash- H.R. 5894: Mr. LEVIN and Mr. DESAULNIER. Congress has the power to enact this legis- ington, and Ms. LOFGREN. H.R. 5956: Ms. ROYBAL-ALLARD. lation pursuant to the following: H.R. 2293: Ms. FUDGE. H.R. 5999: Mr. WENSTRUP. Article I, Section 8 H.R. 2296: Ms. MENG. H.R. 6012: Mrs. BLACKBURN. By Mr. SCHRADER: H.R. 2397: Mr. DELANEY. H.R. 6020: Mr. VAN HOLLEN. ´ H.R. 6522. H.R. 2430: Mr. BEN RAY LUJAN of New Mex- H.R. 6117: Ms. LOFGREN, Mr. DESAULNIER, Congress has the power to enact this legis- ico. Mr. SERRANO, Mr. GRIJALVA, Ms. FUDGE, Ms. lation pursuant to the following: H.R. 2450: Mr. SERRANO. ADAMS, Mr. SABLAN, and Mr. TAKANO. H.R. 2493: Ms. MENG, Mr. NORCROSS, Ms. This bill is enacted pursuant to the power H.R. 6147: Mr. BRIDENSTINE, Ms. BORDALLO, NORTON, and Ms. BROWNLEY of California. granted to Congress under: Mr. TONKO, Ms. CLARK of Massachusetts, and H.R. 2600: Mr. TED LIEU of California. U.S. Const. art. 1, § 1; Mr. FOSTER. U.S. Const. art. 1, § 8, cl. 13; H.R. 2610: Mr. DELANEY. H.R. 6157: Mr. DEFAZIO. U.S. Const. art. 1, § 8, cl. 14; and H.R. 2641: Mr. KATKO and Ms. LOFGREN. H.R. 6226: Mr. CAPUANO and Mr. LYNCH. U.S. Const. art. 1, § 8, cl. 18. H.R. 2694: Mr. BRENDAN F. BOYLE of Penn- H.R. 6234: Mr. GALLEGO. By Ms. SPEIER: sylvania. H.R. 6236: Mr. JEFFRIES, Ms. CLARK of Mas- H.R. 6523. H.R. 2698: Mr. GROTHMAN. sachusetts, Ms. LOFGREN, and Mr. RYAN of Congress has the power to enact this legis- H.R. 2849: Ms. MENG and Mr. NORCROSS. Ohio. lation pursuant to the following: H.R. 2858: Mr. ZELDIN. H.R. 6253: Mr. MOULTON and Mr. RYAN of This bill is enacted pursuant to the power H.R. 2972: Mr. DAVID SCOTT of Georgia. Ohio. granted to Congress under Article 1, Section H.R. 3054: Mr. ELLISON. H.R. 6307: Ms. BORDALLO. 8 of the United States Constitution. H.R. 3166: Ms. JUDY CHU of California. H.R. 6340: Ms. MATSUI and Mr. LEVIN. By Mr. TONKO: H.R. 3180: Ms. MENG. H.R. 6342: Mr. QUIGLEY. H.R. 6524. H.R. 3244: Mr. KIND. H.R. 6382: Mr. KEATING, Ms. SLAUGHTER, Congress has the power to enact this legis- H.R. 3268: Ms. FUDGE, Mr. CARSON of Indi- Ms. JACKSON LEE, and Mr. HASTINGS. lation pursuant to the following: ana, Mr. SABLAN, and Ms. PLASKETT. H.R. 6421: Mr. GENE GREEN of Texas, Mr. Article I, Section 8, Clause 3 H.R. 3390: Mr. NOLAN. RENACCI, and Mr. COSTELLO of Pennsylvania. The Congress shall have Power * * * To H.R. 3410: Mr. CARTWRIGHT. regulate Commerce with foreign Nations, H.R. 3466: Ms. MENG. H.R. 6428: Mr. BRENDAN F. BOYLE of Penn- and among the several States, and with the H.R. 3526: Mr. BRENDAN F. BOYLE of Penn- sylvania and Ms. BROWNLEY of California. Indian Tribes. sylvania. H.R. 6433: Mr. POE of Texas and Mr. GOH- By Mrs. WATSON COLEMAN: H.R. 3535: Ms. MENG. MERT. H.R. 6525. H.R. 3666: Ms. MENG and Mr. LIPINSKI. H.R. 6434: Mrs. WATSON COLEMAN. Congress has the power to enact this legis- H.R. 3742: Mr. DESANTIS, Mr. DELANEY, Mr. H.R. 6443: Ms. JUDY CHU of California. lation pursuant to the following: DENHAM, Mr. CRAWFORD, and Mr. LYNCH. H.R. 6452: Mr. GRIJALVA and Mr. HUFFMAN. Article 1, Section 8 H.R. 3882: Mrs. TORRES. H.R. 6453: Mr. DENT and Mr. RUSH. H.R. 4162: Mr. BRENDAN F. BOYLE of Penn- H.R. 6468: Mr. ABRAHAM. f sylvania. H.J. Res. 47: Mr. DESAULNIER. ADDITIONAL SPONSORS H.R. 4456: Mr. BRENDAN F. BOYLE of Penn- H.J. Res. 102: Mr. SHERMAN. H. Con. Res. 144: Mr. DUFFY. Under clause 7 of rule XII, sponsors sylvania. H.R. 4519: Ms. MENG. H. Con. Res. 153: Ms. SLAUGHTER. were added to public bills and resolu- H.R. 4524: Ms. JUDY CHU of California. H. Con. Res. 159: Mr. DESAULNIER, Mr. tions, as follows: H.R. 4558: Mr. HUFFMAN. LOWENTHAL, Mrs. COMSTOCK, and Mr. JOYCE. H.R. 213: Ms. MAXINE WATERS of California. H.R. 4592: Mr. GRIFFITH and Mr. LAHOOD. H. Con. Res. 171: Mr. PERLMUTTER, Mr. H.R. 303: Mr. DELANEY. H.R. 4616: Ms. MENG. MCGOVERN, and Mr. BOST. H.R. 333: Ms. MENG. H.R. 4622: Mr. BRENDAN F. BOYLE of Penn- H. Con. Res. 178: Ms. VELA´ ZQUEZ and Mr. H.R. 446: Ms. LOFGREN. sylvania. GRIJALVA. H.R. 707: Mr. FITZPATRICK. H.R. 4626: Mr. GOHMERT. H. Res. 28: Mr. YODER. H.R. 759: Mrs. BEATTY. H.R. 4756: Ms. MENG. H. Res. 540: Mr. ENGEL, Mr. LANGEVIN, and H.R. 797: Mr. LARSON of Connecticut. H.R. 4784: Mr. LIPINSKI. Ms. KUSTER. H.R. 825: Ms. MENG. H.R. 4803: Ms. MENG. H. Res. 552: Mr. DEFAZIO. H.R. 849: Mr. DELANEY. H.R. 4810: Mr. DELANEY. H. Res. 590: Mr. ROGERS of Kentucky and H.R. 1089: Mr. DELANEY. H.R. 4959: Mr. YOUNG of Alaska. Mr. VEASEY. H.R. 1095: Mr. NOLAN and Mr. RUSH. H.R. 5082: Mr. SWALWELL of California. H. Res. 831: Mr. RODNEY DAVIS of Illinois H.R. 1130: Ms. MENG. H.R. 5090: Mr. BERA. and Mr. ZELDIN. H.R. 1170: Ms. MENG. H.R. 5128: Mr. WALZ. H. Res. 882: Mr. MCNERNEY. H.R. 1220: Mr. VEASEY. H.R. 5183: Ms. MENG. H. Res. 899: Mr. THOMPSON of California. H.R. 1258: Mr. ZELDIN, Mrs. DINGELL, Ms. H.R. 5231: Mr. O’ROURKE. H. Res. 926: Ms. MAXINE WATERS of Cali- FUDGE, Ms. DEGETTE, Mr. RICHMOND, Mr. H.R. 5235: Mr. BERA and Mr. DENHAM. fornia and Mr. VEASEY. EVANS, Mr. SABLAN, Mr. LIPINSKI, and Ms. H.R. 5406: Mrs. MCMORRIS RODGERS. H. Res. 948: Mr. MCNERNEY, Mr. PLASKETT. H.R. 5410: Mr. MOONEY of West Virginia. DESAULNIER, Ms. ESHOO, Mrs. NAPOLITANO, H.R. 1312: Ms. MENG. H.R. 5426: Mr. GALLEGO. Mr. SWALWELL of California, Ms. LOFGREN, H.R. 1399: Mr. LARSON of Connecticut, Ms. H.R. 5474: Mr. KEATING. Mr. TAKANO, Mr. LOWENTHAL, Ms. ROYBAL- SPEIER, and Mr. MCCAUL. H.R. 5584: Mr. ZELDIN. ALLARD, Ms. JUDY CHU of California, Ms. H.R. 1453: Ms. MENG. H.R. 5683: Mr. DELANEY. WILSON of Florida, Mr. GALLEGO, Mr. HONDA, H.R. 1457: Mr. FRANKS of Arizona, Mr. COL- H.R. 5686: Mrs. CAROLYN B. MALONEY of Mr. GRIJALVA, Mr. ELLISON, Mr. POCAN, Mr. LINS of Georgia, Mr. SHERMAN, Mr. DOGGETT, New York. CUMMINGS, Mr. THOMPSON of California, Ms. Mr. MARINO, and Ms. EDDIE BERNICE JOHNSON H.R. 5689: Mr. VEASEY, Mr. PERLMUTTER, FUDGE, Mr. COHEN, Ms. NORTON, Mr. SCOTT of of Texas. Ms. MICHELLE LUJAN GRISHAM of New Mex- Virginia, Ms. KELLY of Illinois, Mr. RICH- H.R. 1559: Ms. MENG. ico, Mr. CLAY, Mr. TED LIEU of California, MOND, Mr. CLYBURN, Mrs. DINGELL, Ms. JACK- H.R. 1688: Mr. CUELLAR and Ms. MENG. and Mr. HIMES. SON LEE, Mr. NADLER, Mr. CICILLINE, Mr. H.R. 1733: Ms. EDDIE BERNICE JOHNSON of H.R. 5695: Ms. SCHAKOWSKY and Mr. AL JEFFRIES, Mr. GUTIE´ RREZ, Mr. AL GREEN of Texas. GREEN of Texas. Texas, Mrs. WATSON COLEMAN, and Mr. H.R. 1974: Mr. KEATING. H.R. 5721: Mr. THOMPSON of California. BUTTERFIELD.

VerDate Sep 11 2014 08:13 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00171 Fmt 4634 Sfmt 0634 E:\CR\FM\A08DE7.060 H08DEPT1 rfrederick on DSKBCBPHB2PROD with HOUSE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 114 CONGRESS, SECOND SESSION

Vol. 162 WASHINGTON, THURSDAY, DECEMBER 8, 2016 No. 177 Senate The Senate met at 9:30 a.m. and was The PRESIDING OFFICER. The baseball team, the Indians. He can still called to order by the President pro clerk will read the bill by title for the rattle off Cleveland’s 1948 roster. Just tempore (Mr. HATCH). second time. ask him. f The legislative clerk read as follows: HARRY himself played some baseball. He was the catcher in high school, and PRAYER A bill (S. 3516) to authorize the Secretary of Veterans Affairs to conduct a best-prac- during his sophomore year, HARRY’s The Chaplain, Dr. Barry C. Black, of- tices peer review of each medical center of team was crowned Nevada State cham- fered the following prayer: the Department of Veterans Affairs to evalu- pions. Later, after a close game on the Let us pray. ate the efficacy of health care delivered at California coast, his team won the Ne- Eternal God, in this season of peace each such medical center. vada-Arizona-California tristate play- on Earth, we acknowledge that You Mr. MCCONNELL. In order to place offs as well. HARRY still treasures the govern in the affairs of humanity. If a the bill on the calendar under the pro- big white jackets each member of the sparrow cannot fall to the ground with- visions of rule XIV, I object to further team received, not because, under- out You noticing it, may our law- proceedings. stand, he was the best player on the makers never think that You are indif- The PRESIDING OFFICER. Objec- team—HARRY says he wasn’t—but be- ferent to what they think, say, and do. tion having been heard, the bill will be cause of what that jacket represented: Lord, keep them ever mindful of the placed on the calendar. his hard work, his contributions, his scarcity of their days and the impor- f worth. tance of their work. May they seize Like many young men, HARRY once life’s second chances to fulfill Your TRIBUTE TO HARRY REID dreamed of a life in the majors, of purposes on Earth. Transform the days cheering crowds and Commissioner’s of our Senators into redemptive mo- Mr. MCCONNELL. Mr. President, it seems like any speech about the Demo- Trophies. So did I. I wanted to throw ments so that they will rise to the fastballs for the Dodgers. HARRY want- challenges of these momentous times. cratic leader requires a mention of Searchlight, NV. There is a reason why ed to play center field at Fenway. We May they strive always to live worthy wound up as managers of two unruly of Your great Name. Give them the that is. You cannot begin to under- stand the man until you understand franchises instead. wisdom to use Your precepts to avoid As the leaders of our parties, we are where it all began, and here is where it life’s pitfalls, enabling You to guide charged with picking the batting order, began—a tiny mining town at the them through life’s seasons of darkness controlling the pitch selection, and southern tip of Nevada. One teacher. to a safe harbor. trying our best to manage 100 opening- Zero indoor plumbing. Miles of desert. We pray in Your sacred Name. Amen. day starters. It isn’t always easy. As That is Searchlight, at least the f HARRY has often pointed out, baseball Searchlight HARRY REID knew when he represents a nice reprieve from the se- PLEDGE OF ALLEGIANCE was growing up. It is the kind of place rious work of the Senate. So no matter The President pro tempore led the where you might learn to drive at 13 or how contentious the issue before us, we Pledge of Allegiance, as follows: spend your summer roping cattle with try to put politics aside—at least brief- I pledge allegiance to the Flag of the a cowboy named ‘‘Sharky.’’ In fact, if ly—to trade our views on the Nats and United States of America, and to the Repub- your name is ‘‘Harry Reid,’’ that is ex- Bryce Harper. HARRY is probably look- lic for which it stands, one nation under God, actly what you did. indivisible, with liberty and justice for all. ing forward to having even more time HARRY grew up in a tiny wooden f to dedicate as a fan of the sport and shack with a tin roof. He hitchhiked never having to miss another game be- RECOGNITION OF THE MAJORITY more than 40 miles to school and had a cause of votes. LEADER father who toiled in the hard rock But if there is one thing HARRY loves The PRESIDING OFFICER (Mr. mines. It goes without saying this was more than baseball, it is his wife HELLER). The majority leader is recog- not an easy life. It taught some tough Landra and the family they built to- nized. lessons, but HARRY had his escapes. He gether. When HARRY first met Landra found one in the snap and crackle of f Gould, the two of them were in high his radio. school, and HARRY was hardly con- MEASURE PLACED ON THE Searchlight didn’t exactly have a flicted about his feelings for her. He re- CALENDAR—S. 3516 radio station of its own, but every now called: Mr. MCCONNELL. Mr. President, I and then, HARRY could pick up a faint She looked like she belonged in the mov- understand there is a bill at the desk signal from California. During the reg- ies. She was smart [too]. And she’d been due a second reading. ular season, it carried his favorite places. Out of my league, that’s for sure.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S6849

.

VerDate Sep 11 2014 07:43 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.000 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6850 CONGRESSIONAL RECORD — SENATE December 8, 2016 But if there is one thing we know RECOGNITION OF THE MINORITY mentioned, my dad was a miner, a about HARRY, he doesn’t give up easily. LEADER hard-rock miner, an underground It wasn’t long before the two of them The PRESIDING OFFICER. The miner, but work wasn’t very good in were heading off on their first date. As Democratic leader is recognized. Searchlight. The mines during World many dates do, it started with a movie War II were especially gone—all over f and ended—as no dates do—with America but especially in Nevada. Landra push-starting his car. HARRY THANKING MITCH MCCONNELL There were a few things that went on worried, as many of us might, that this Mr. REID. MITCH, thank you very after the war, promotions. He would could well be their first date and their much for those nice remarks. work, and sometimes they would pay last date. But then he looked over at Mr. President, I have heard for him, sometimes there were bad checks Landra. She smiled as she pushed along years—especially from the press and that would bounce. Sometimes they beside him. He said it was the kind of others—how do you get along with wouldn’t pay him, they would just smile that said: Who cares about the MITCH MCCONNELL? It is obvious it is leave. car? I am with you. It was a smile that not very good. My mom worked really hard. We had has stayed with him ever since. HARRY It is simple, everybody. He and I un- this old Maytag washer. There were said: ‘‘There are moments that turn a derstand our relationship. We are both lines outside. She worked really hard. life . . . that stay with you until the lawyers. I have been to court lots of Searchlight had about 250 people last breath, [and] this was one of those times, over 100 jury trials, and when I then. It had seen its better days. moments for me.’’ would go to those trials, I would really Searchlight was discovered in 1898 fix on my opponent. How could he feel when gold was discovered, and for 15 or The Reids have never been strangers 18 years, it was a booming, booming to pushing through challenges. They that way about an issue? He is wrong on the law, he is wrong on the facts, town. It was one of the most modern have confronted a lot over nearly six and we are going to take care of this in cities in all of Nevada. It had elec- decades in marriage. But hand in hand, court. tricity—turn of the century, elec- sweat on the brow, they have always Fortunately, I was fairly blessed with tricity. It had a telegraph. It had tele- moved forward together. Through it my trials; it turned out OK most of the phones. It had a fire station, all, Landra has never stopped smiling time. But MITCH and I understand that firetrucks. It had roads with signs on and HARRY has never stopped counting is what we do here. When the trial was them designating the name of the every lucky star for Landra. His idea of over—I have walked out of a courtroom street. It had a railroad. When I grew the perfect night out is still a quiet with Neil Galatz or whoever it was—it up, that was all gone. Searchlight, as I night in with her. Landra is his con- was over with. It was gone. We were said, had 250 people. fidant, his high school sweetheart, and friends. We were there, each doing our So people may ask: How did my his best friend. She is his everything. thing to effect our cause, and that is mother work so hard in a town with 250 For a guy who grew up with nothing, what we do here. people? We had at that time no mines, that is something. MCCONNELL and REID don’t need to be but 13 brothels at one time in Search- HARRY REID didn’t have an easy hugging out here every day. That is not light—13, not over time but at one childhood. He faced tragedy from a what we do. We are advocates for our time. The biggest was the El Rey Club. young age. There were times when he cause. I do the very best I can; he does So that tells everyone what wash my just wanted to leave Searchlight and the very best he can. And he laid that mom did, from the casinos and from never look back, but these experiences out just fine a few minutes ago. the brothels. She worked really hard. helped shape him too. This is a guy So this is not a love session for REID She ironed. She washed. As I look back on my growing up in who has seen it all. He has been on the and MCCONNELL, although I want ev- Searchlight, I never felt, during the wrong side of electoral nail-biters, and eryone here to know that MITCH time I was a boy, that I was deprived of he has been on the other side of them MCCONNELL is my friend. He and his anything. I never went hungry. Some- too. He even won a primary against wonderful wife have been kind and times we didn’t have, I guess, what my somebody named ‘‘God Almighty.’’ thoughtful to us. I have said that be- fore; let me repeat it. When Landra was mom wanted, but we were fine. HARRY will now retire as the longest But as I look back, it wasn’t that in that very dreadful accident, they serving U.S. Senator from his State good, I guess. We had no inside toilet. were there—letters, flowers. They took with some three decades of Senate We had a toilet outside. You had to care of us. When Landra had the dev- service behind him. It is clear that walk about 50 yards to that because my astating breast cancer, they were HARRY and I have two very different dad didn’t want it close to the house, there. When I hurt myself, MITCH world views, two different ways of and we had a good time, even with called me. doing things, and two different sets of that. My poor mother, what a wonder- So everybody go ahead and make up legislative priorities, but through the ful woman she was. Sometimes, my all the stories you want about how we years we have come to understand younger brother and I sometimes, just hate each other. Go ahead. But we some things about one another, and we to be funny, when my mother would go don’t. If it makes a better story, go to the toilet, which had tin walls—it have endeavored to keep our disagree- ahead and do it, but maybe somebody was made out of tin—and we would ments professional rather than per- should write this. sonal. We have also found some com- throw rocks at that. ‘‘Let me out,’’ she Thank you very much, MITCH. mon ground through baseball. OK, everybody, now my final speech. would say. It doesn’t sound like much I hardly know what it is like to serve fun, but it was fun at the time. f When I started elementary school, here without HARRY—he came into of- FAREWELL TO THE SENATE there was one teacher for grades one fice just a couple short years after I through four and then another teacher did—but I do know this: Come next Mr. REID. Mr. President, the history for grades five through eight, but when month, you will know where to find of Searchlight starts this way, the first I got to the fifth grade, there were not him. He will be right next to Landra, paragraph of that book: enough students for two teachers so writing new chapters, making new Searchlight is like many Nevada towns and one teacher taught all eight grades. I memories, and continuing a love story cities: it would never have come to be had gold not been discovered. Situated on rocky, learned at that time in that little that began with a smile more than 50 school that you can really learn. I have years ago. windy, and arid terrain without artisan wells or surface water of any kind, the place we never ever forgotten a woman by the Today the Senate recognizes the call Searchlight was not a gathering spot for name of Mrs. Pickard. I can still see Democratic leader for his many years Indian or animal. her with those glasses, just a stereo- of service to Nevada, to the country, Searchlight. It is a long way from type spinster teacher—but she was a and to his party. We wish him and Searchlight in the U.S. Senate. teacher. She taught me that education Landra the best as they set off on their I grew up during World War II in was good, to learn is good. When I next journey. Searchlight. As Senator MCCONNELL graduated, we had a large graduating

VerDate Sep 11 2014 07:46 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.003 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6851 class: six kids. The Presiding Officer tion. I worked really hard, long hours. I walked out of that event that night from Nevada should feel good about I took all the hours they would give a different person, a new man. From me. I graduated in the top third of my me. I saved up enough money—I had that day forward, I was from Search- class. $250—I was going to buy my mother light. When I got out of law school, I My parents did the best they could. some teeth. I went to a man—he was a bought little pieces of property so I had My dad never graduated from eighth big shot. They named a school after contacts there. My parents lived there, grade. My mom didn’t graduate from him, and he was on the school board in and I went there all the time, but I be- high school. In Searchlight—this is Las Vegas. He married this beautiful came HARRY REID, the guy from probably no surprise to anyone—there woman from Searchlight. I went to Searchlight. was never ever a church service in him. I had never met him before, but So one thing people ask me all the Searchlight that I can ever remember. Dr. Smith knows who I am. His name time—they say: You have done OK. There was no church, no preachers, no was J.D. Smith. Tell me what you think are the impor- nothing regarding religion. That is how I said: I want to buy my mother some tant aspects—especially young people I was raised. teeth. ask all the time—and ‘‘young’’ is a rel- My brother and I were born in our He said: I don’t do credit here. ative term—what would you rec- house. There was no hospital. It had He insulted me. So I went to Dr. Mar- ommend? What do you think is the way long since gone. I didn’t go to a dentist shall in Henderson and bought my to success? I tell them all the same until I was 14 years old, but I was for- mom some teeth. It changed my moth- thing. I didn’t make it in life because tunate. I was born with nice teeth, es- er’s life. My mother had teeth. of my athletic prowess. I didn’t make My parents lived in Searchlight until pecially on the top. The bottoms aren’t it because of my good looks. I didn’t they both died. There are a number of so good, but rarely have I had a cavity make it because I am a genius. I made people who know, at least my staff of any kind. I have just been fortunate it because I worked hard. I tell every- knows, that my dad killed himself. I in that regard. one, whatever you want to try to do, can remember that day so plainly. I We didn’t go to doctors. It was a rare make sure you work as hard as you can had been out and spent 2 hours with occasion. There was no one to go to. I Muhammad Ali, he and I, one of his to try to do what you want to do. I be- can remember my father having such a handlers and one of my staff. It was lieve that is a lesson for everyone. bad toothache, I watched him pull a The little boy from Searchlight has so—for me, as someone who has always tooth with a pair of pliers. been able to be part of the changing wanted to be an athlete, an athlete My mother was hit in the face with a State of Nevada. I am grateful I have want-to-be, that was great. Some of softball when she was a young woman been part of that change. you know I fought, but he was in a dif- in Searchlight and it ruined her teeth. When I graduated from law school, ferent world than I, but he was nice. He As I was growing up, I saw her teeth the population of Nevada was less than was generous with his time and he was disappear—a few, a few less, and finally 300,000 people. The State of Nevada has so much fun. He said: Pay no attention no teeth. My mom had no teeth. now 3 million people. We grew from one to me. I am fighting some White guy My brother was riding his bicycle, Member of Congress in 1864 to 1882. One and I am going to cause some trouble slid on the dirt, broke his leg, never was all we had. Now we have four. Dur- out here. He kicked the walls and went to the doctor. I can remember it yelled and screamed, and I was happy. ing my 34 years in Congress, I have as if it were 10 minutes ago, my broth- I walked to my car, got to my office, seen the country change. I have seen er Larry in bed. We couldn’t touch the and my receptionist, Joanie, said to Nevada change. The change for the bed, it hurt him so much, but it healed. me, Mr. REID, your mom is on the country and Nevada has been for the The bottom part of one leg is bent, but phone. I talked to my mother all the better. it healed. time—many, many times a week. She Now I am going to spend a little bit I can remember once a TB wagon said: Your pop shot himself. So she of time talking about some of the came through Searchlight, the only lived in Searchlight. It took me an things I have been able to do as a Mem- time I remember. People had tuber- hour, an hour and a half to get out ber of the United States Senate. I know culosis, or TB. I can remember Con there. I can still remember seeing my it is long and I know it is somewhat te- Hudgens had TB. I don’t remember who dad on that bed. I was so sad because dious, but I have been here a long time, else. We had miners who were there my dad never had a chance. He was de- so please be patient. who had silicosis, some of them, my pressed always. He was reclusive. I did My legislation. dad included. My mom had one of those things; he never came to anything that Reducing tax burdens. I am sorry he tests. She went into the big truck and I did. I never felt bad that he didn’t be- is not here—David Pryor from Arkan- had her chest x-rayed—I guess that is cause I knew my dad. My mom came to sas. I don’t want to hurt the feelings of what they did. A few weeks later, she everything she could. But I felt bad any of my very capable friends, but the got a postcard that said her test was about that. I will talk a little more best legislator I have ever served with positive and she should go see a doctor. about suicide in a little bit, but I think in State government, Federal Govern- She never went to see a doctor. I wor- everyone can understand a little bit of ment, was David Pryor. He was good. ried about that so much. I can’t imag- why I have been such an avid supporter He was not a big speaker, but he was ine how my mother must have felt, but of ObamaCare, health care. good at getting things done. obviously it was a false positive. Think I was ashamed, embarrassed about The first speech I gave as a Member about that, never going to the doctor Searchlight. When I went to college, of the Senate was way back there when you are told you have tuber- when I was in high school, law school, where CORY BOOKER is right now. I gave culosis. I just didn’t want to talk about Search- a speech. I tried to do it in the House; As I learned more about my dad, I light. I was kind of embarrassed about it was called the Taxpayers’ Bill of know how important health care would it. It was kind of a crummy place. I Rights. I couldn’t get Jake Pickle, the have been for him, to be able to see didn’t show people pictures of my chair of that subcommittee on Ways somebody to try to explain more to my home. and Means, to even talk to me in the dad so he could understand himself a Many years later, I was a young man, House. But I came over here and gave little better. and I was in government. Alex Haley, a that speech, and David Pryor was pre- I am sure I haven’t done all the good famous writer who wrote the book siding. He was subcommittee chair of in life I could do, but I am here to tell ‘‘Roots,’’ was a speaker at the Univer- the committee dealing with that in fi- everyone that there is one thing I did sity of Nevada foundation dinner in nance. CHUCK GRASSLEY was also lis- in my life that I am so proud of, and I Reno. He gave a speech that was stun- tening to my speech. Pryor sent me a will always be. I hope I am not boast- ning. It was so good. Basically, what he note when I finished and said: I want to ing; if I am, I am sorry. I worked long said to everyone there—he directed his help you with this. GRASSLEY did the hours at a service station. As MITCH in- remarks to me, I thought, and of same thing. So my first speech led to dicated, there was no high school in course he didn’t, but he said: Be proud the passage of the Taxpayers’ Bill of Searchlight so I went to school in Hen- of who you are. You can’t escape who Rights, with the help of David Pryor derson, NV. I worked in a Standard sta- you are. and CHUCK GRASSLEY. It was landmark

VerDate Sep 11 2014 02:04 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.004 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6852 CONGRESSIONAL RECORD — SENATE December 8, 2016 legislation. It put the taxpayer on but he became one of America’s leg- was a big project. We had 11,000, 12,000 more equal footing with the tax col- endary entrepreneurs. workers there at one time. An above- lector. Everybody liked it so much, we Many years ago, as a young new law- ground test—I could remember seeing have done two more iterations of it yer, I met him, and for many years I them. We were a long ways away in since then to make it even stronger. helped him and especially his brother Searchlight, but you could see that Source tax. I am sure it is just a bor- with their legal issues. He is the man flash. You wouldn’t always feel it. ing thing to everybody, but it wasn’t who helped create Las Vegas the way it Sometimes it would bounce over boring to people who came from Cali- is. He did something unique. He decided Searchlight. But it was a very big deal. fornia and tried to retire someplace he was going to build something on the We didn’t know it was making people else. The State of California was merci- Las Vegas Strip called CityCenter. sick, but they were good enough to less in going after people. They had the When you go to Nevada, look at that make sure the tests didn’t go off when law on their side, they thought. If you sometime. You could be in the middle the wind was blowing toward Las had worked in California, it didn’t mat- of New York City—you would think Vegas. It blew up toward Utah, and ter where you went, they would go you were there, basically. This is a Utah suffered terribly because those after you—for your pension, is what it magnificent operation. Well, it started were aboveground tests. So we worked amounted to. I tried for 15 years to get before the Recession. They were des- to make sure the test site workers that changed, and I got it changed. No perate to get it finished. More than were a part of it because they were the longer can California—with all due re- 10,000 people worked on that project. I reason we were winning the Cold War, would drive by there and count the spect to FEINSTEIN and BOXER—do that. because what they did was dangerous. They can’t do that anymore. If you re- cranes—25, 30 cranes at one time there We passed that. It took a number of tire in California and move someplace at work. Well, I interceded in that. I different segments to get it done. So did some things that probably a lot of else, they can’t tax that money. we have done a lot to protect people. Mortgage tax relief. We all partici- people wouldn’t do, but I did it because Nevada transportation. McCarran pated in that. I initiated it when the I thought it was very important that Airport. I have tried for years to get the operation didn’t shut down. collapse of Wall Street took place. the name taken off—a Democratic Sen- Kerkorian had already put billions of That was a big help. ator from Nevada who was an awful Tax incentives for solar and geo- dollars of his own money in it, and man. I tried to get his name off that, they had an investor from one of the thermal—very important. I will talk a and it didn’t work. I tried to get J. Middle Eastern countries. I did a lot of little bit more about that. Edgar Hoover’s name off the FBI Build- Payment in lieu of taxes. All my things, I say, that a lot of you probably ing; that didn’t work. We had a vote western Senators will appreciate that. wouldn’t do, but I did it and I saved here. I can still remember how mad that project. I won’t go into detail, but It was just 4 or 5 years ago that we ORRIN HATCH was when I did that, but, I called people whom I doubt any of were able to fully fund PILT, payment anyway, everybody had to vote on it. I you would call. I called bank presi- in lieu of taxes. I worked very hard think I made a mistake. I tried to dents, and I called leaders of countries. with Baucus and Wyden, and we did name it after Bobby Kennedy. That Anyway, it is completed now. I take things to take care of some issues they was a mistake I made on that. some credit for that. Anyway, McCarran Airport. It is I had. That is the first time it had ever The stimulus, the American Recov- think the fifth busiest airport in Amer- been fully funded. ery and Reinvestment Act. We got that Cancellation of indebtedness. Those ica now. We have gotten money for a done. Yesterday, the Presiding Officer new air traffic control center. It is one are buzzwords for people who under- was the senior Senator from Maine. Oh, of the largest structures in the Western stand taxes a little better. But what she was so helpful. I will probably get United States. We have done a good job happened is people—everything col- her in trouble by boasting about her taking care of McCarran, with all kinds lapsed. They would try to get out of here today, but she and her colleague of construction funding for runways the debt they had. They couldn’t be- from Maine, Olympia Snowe, and Arlen and rehabilitation of runways. In the cause the IRS would tax them at the Specter—we only had 58 votes as Demo- stimulus bill, one of the last things we value of it when they bought it. It was crats, and they were the difference. We put in that was bonding capacity that unfair, and we got that changed. That were able to get that passed only be- allowed McCarran Field to build a big was in the stimulus bill. We got that cause of them, and it was so good for new terminal. More than $1 billion we changed. our country. got in that legislation. It was really Let’s talk about the economy a little President Obama—the first 2 months important during the recession to have bit. I know some of my Democratic col- after having been elected, the country all those workers. There were thou- leagues will say: Why did you do that? lost 800,000 jobs. Can you imagine that? sands and thousands of them on that Here is what I did. I worked with Re- One month. But because of the stim- new terminal, which is now completed. publican Senator Don Nickles from ulus bill, we were able to reverse that. Reno. I was also able to direct money Oklahoma. There was a Republican We did a lot of wonderfully good things toward getting a new traffic control President. Don and I talked about this. in that that were important for the center there, a new control tower. We We knew the administration would country. have done all the construction funding. change and it would affect every Presi- The Travel Promotion Act. AMY KLO- A lot of stuff, good stuff for the airport dent, Democratic and Republican. It BUCHAR is here; she worked so hard in Reno. was called the Congressional Review helping get that done. It promoted So I feel good about what we have Act. What that said is the President travel to get foreigners to come here, done to help Nevada transportation, promulgates a regulation and Congress come to America, and it worked out so not the least of which, everybody, are has a chance to look it over to see if it well. Seven different clotures I had to the billions of dollars in directed is too burdensome, too costly, too un- file on that to get it done, but we got spending for roads and highways in Ne- fair. And we have done that quite a few it done finally, and it has been remark- vada. It has made a change in Northern times. That was because of REID and ably good for America. Other coun- Nevada and in Southern Nevada. Nickles. That was legislation that I tries—you will see them on TV—are al- It is important for us to be able to did, and it was great when we had Re- ways advertising: Come visit Australia. bring people to Las Vegas, so we made publican Presidents, not so great when Come visit the Bahamas. Come visit deals with the California State Depart- we had Democratic Presidents, but it England. Come visit everyplace. But ment of Transportation, and we par- was fair. now there is advertising around the ticipated in big construction projects One person who has been so impor- world: Come visit America. Now, every- that took place in California, in Bar- tant to the State of Nevada is a man by one knows that Las Vegas gets more stow and San Bernardino. We did that the name of Kirk Kerkorian, an than its share, probably, of visitors, because it would make it easier for uneducated man. He flew over the but it was good for Nevada and it was people to go to Las Vegas. So I wasn’t North Atlantic during World War II for also good for the country. just giving money to Las Vegas, NV; England at great personal sacrifice to Nevada test site workers. We were we also did it, of course, for California himself. As I said, he had no education, the Cold War veterans in Nevada. That because it helped us.

VerDate Sep 11 2014 02:04 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.006 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6853 Health care. The Affordable Care Act. you shouldn’t deal with; it should be tory of the State of Nevada, we can I have talked about that a little bit. It something for a woman. But I went move power from the north to the would have been wonderful if we had ahead, and I did something about it. south of Nevada. That is underway something like that around to help my We haven’t done as much as we should now. That line will go up into the family when we were growing up. I do, and I hope that we have people who north-northwest. That was good legis- worked hard to help a number of you will pick up this issue. I had a meeting lation. on the Children’s Health Insurance last Friday—the biggest audience I I have had clean energy summits for Program. ORRIN HATCH was certainly have ever had. There was a conference many, many years. We bring in na- involved in that. on female genital mutilation. I say tional leaders. Democrats and Repub- Just like I had trouble coming to that word because that is what it is. licans have focused attention on the grips with my home in Searchlight, I Millions of little girls have been cut. problems America has with energy. had trouble coming to grips with the That is what it is called—‘‘cut.’’ Last The Clintons have come. Obama has fact that my dad killed himself. I was year, no one knows for sure, but prob- been there. We have had Republicans. like most—we are called victims. We ably 250,000 little girls were cut. Here is one who came and did a great shouldn’t be, but that is what we are Last Friday, I had 200 people there. I job—Tom Donohue. Everybody knows called. said: This is wonderful. I said: I have him. We Democrats know him, for sure. This year, about 32,000 people will had 10 people a couple of times. Two or He is head of the U.S. Chamber of Com- kill themselves in America. That three of the people were lost and didn’t merce. doesn’t count the hunting accidents really want to be there. I have no problem with coal. I have that are really suicides or the car acci- It is really important that we do helped fund clean coal technology. The dents that are really suicides. So I something about it. We have some laws Tracy powerplant, outside of Reno, was couldn’t get my arms around the sui- now. It is against the law in the United a clean coal plant. It didn’t work. So cide. Republican Senator Cohen from States. They can’t go away for the pur- they had to go to another type of fuel. Maine was chairman of the Aging Com- pose of being cut. There is a lot more I have nothing against coal. However, I mittee upon which I served, and we that needs to be done. Our government was upset about this. Nevada is very were doing a hearing on senior depres- has done almost nothing. pristine. I have told a couple of people I am going to spend a little bit on the sion. Mike Wallace came—the famous this. journalist—and here is what he said: I environment. I have been chairman of People don’t understand Nevada. Ev- the Environment and Public Works have wanted to die for years. I would erybody thinks it is the deserts of Las Committee twice—not for very long. I take the most dangerous assignments I Vegas, but it is not. Nevada is the most gave it up once because I had to, be- could hoping I wouldn’t come back. mountainous State in the Union, ex- cause of the control of Congress, and You know, I am OK now, though. I cept for Alaska. We have 314 separate one time I gave it away. Remember? I want to live forever. mountain ranges. We have a mountain gave it away. I gave my chairmanship He said: I take a pill once in a while, that is 14,000 feet high. We have 32 and my committee spot to Jim Jef- I see a doctor once in a while, and I am mountains over 11,000 feet high. It is a fords. I love that committee. good. I am OK. I have been involved in environment very mountainous State. I said for the first time publicly: Mr. When I learned from reading the pa- and energy issues since I came here. Chairman, my dad killed himself. That pers that we were going to have power The State of Nevada is 87-percent was a long time ago, but I think it owned by the Federal Government; 87 companies come to Nevada in the most would be extremely important for this percent of the State of Nevada is Fed- pristine areas and they were going to committee to hold a hearing on senior eral land. The rest, 13 percent, is pri- build three or four new powerplants suicide because we have learned—since vate land. Of course, I should be con- fueled by coal, I said no. My staff said: You can’t do that. You my focusing on suicide, we have done cerned about it. As to Yucca Mountain, some good things as Members of Con- I am not going to get into a long dis- are up for reelection, and they will de- gress. We have directed spending to sertation about that. We spent about $8 stroy you. They tried. They left leaflets on all study why people kill themselves be- billion there so far, maybe more. It is the cars in the parking lots and said I cause we don’t know for sure. gone. Isn’t it interesting that most suicides Someone asked me the other day: was running up the power bills. I won; take place in the western part of the Well, you know, Republicans are in they lost. There are no coal-fired pow- United States? You would think it power now. They are going to come erplants in Nevada. There are two left. would be in the dark places, like Maine back to Yucca Mountain now. I said: One of them is going out of business in and Vermont, where it is so dark and Well, they better bring a checkbook 2 weeks; the other is on its way out, cold, but, no, it is in the bright sun- with them because there is nothing probably within a year. We are not shine of the West. We are learning a lot there. They would have to start all going to have coal-fired plants in Ne- more. That has been so good to me as over again. With the big auger, they vada, but we do have a lot of renewable a person, and we have now funded spent well over $1 billion digging that energy. projects around America where there tunnel. That is scrap metal. There is I have done work, especially with are suicide prevention programs that nothing there. You can probably get it John Ensign, when he was here, on are extremely important. There are going again now for $10 billion, $12 bil- major land bills—Clark County, Lin- suicide victims programs where people lion. If you have a way to pay for it, coln County, White Pine County, Car- can get together after a loved one kills good luck. If you were smart, what you son County—and we were able to do a themself. That is something I am glad would do is leave it where it is in dry lot of good things to save land. He was I worked on. cast storage containers, which is prov- a real conservative guy, and because of Finally, health care. So 24 years ago, en to be extremely safe and effective. him, I had to make deals to make some one of my friends from Las Vegas That is what should be done. of the 87-percent land private. I was called me, Sandy Jolly, and she said: I Renewable energy transmission. Part able to do that. He was able to work would like you to look at this film I of the stimulus bill said one of the with me to create more wilderness, and am going to send you. You are not problems we have with energy is that we worked together to get that done. going to want to watch it, but I want we don’t have a way of transmitting I created the first national park in you to watch it. What it showed was a electricity to where it should go. We Nevada, Great Basin National Park. It beautiful little girl in Africa in a white talk about all this renewable energy, is wonderful. Everything within the party dress. She looked so pretty. It which is produced in places where there Great Basin is in that park. It is hard was a party. Suddenly, two men aren’t a lot of people, but you can’t get to believe, but in Nevada we now have grabbed her, spread her legs apart, and it anyplace where there are a lot of a glacier. We have the oldest living cut out her genitals—right there, with people. That has been changed with the trees in the world on that mountain. a razor blade. stimulus bill. Those old pine trees are there. They I thought: Man, that is hard to com- For example, in Nevada we have Line are 6,000 or 7,000 years old—bristlecone prehend. My staff said it is something One, and for the first time in the his- pine. It is a beautiful, beautiful park.

VerDate Sep 11 2014 02:04 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.007 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6854 CONGRESSIONAL RECORD — SENATE December 8, 2016 As to Basin and Range National back to them. It has been good for Ne- millions of dollars for both of those op- Monument, I worked with President vada because we can use that water in erations because they have been impor- Clinton on this. There are more than the meantime. tant. 700,000 acres in a remote place of Ne- We have done good work with Cali- We hear a lot about drones. Every vada. It is a place where John Muir fornia. California got most of the water drone attack that takes place in the came as a young man, camping there, out of the Colorado River. They took a world takes place 30 miles outside Las and talked in his diary about how lot more than they should have, and we Vegas at Creech Air Force Base. We beautiful this was. Now everyone can were able to work on that. We worked have all of these great servicemembers, see that. In part of that wonderful with California in a very positive way. mostly airmen, who take care of that. place is a man who is a world famous We help pay for port reservoirs. We They protect us around the world. artist. His name is Michael Heizer. He help line canals. We have done a lot of BARBARA MIKULSKI is here. She was worked for 40 years building this monu- good things to help water in that whole in a position to help me on appropria- ment in the middle of nowhere. It is in area. I am happy about that. tions. She said: This facility in Reno is the middle of nowhere, and it is done. We share Lake Tahoe with Cali- awful, and I—BARBARA MIKULSKI—am It is called the City. It is magnificent. fornia. Lake Tahoe is a stunningly going to do something about it, and she We don’t have roads coming there yet, beautiful place. There are only two al- did, very quickly. We renovated that but we will pretty soon. That is done. pine lakes in the world. One of them is place. It was so bad. It was a little VA Tule Springs. People came to me and in Siberia, and the other is there. I hospital with hallways so narrow they said: We have this place in Nevada have had 20 summits there. We have couldn’t bring in new hospital equip- where we have the oldest and most gotten over $1 billion there with the ment because they couldn’t get it down abundant source of fossils anyplace in cooperation of the California delega- the hall. I appreciate what Senator MI- America. To make a long story short, tion and many others. We have done KULSKI did for that hospital. that is now a national monument. You well in stabilizing and helping the clar- I requested money for two VA hos- can come to Las Vegas if you are an ar- ity of that beautiful lake. pitals, and they were built in Southern chaeologist, or if you are interested in Walker Lake is another lake that Nevada. We had one that was an experi- old fossils, you can come there. I don’t was originally controlled by the Indi- ment. It was a joint venture between mean old people. You can come there. ans. It has been stolen from them by the Veterans’ Administration and the There are all these studies going on us. We now have gotten hundreds of Air Force. It worked great except we with Tule Springs Fossil Beds National millions of dollars directed toward had a Middle East war and the veterans Monument. that, and we have bought up water had to go someplace else so we don’t When I came to Congress, we had rights, and we have saved Walker Lake. have that hospital anymore, but we about 70,000 acres of wilderness in Ne- There are 21 desert terminus lakes in have a huge new one. It is the newest vada. Now we have about 4 million. the world. There are two in America. and best in the entire VA system. They Those are legislative initiatives of They are both in Nevada, and we saved don’t have all of the equipment they mine. We have approximately 4 million those two lakes—Walker and Pyramid need, but it has been functioning very acres of wilderness. We have a million, Lakes. well for the last couple of years. I feel 1.5 million acres of additional con- There was a great big gravel pit. It very proud of that. servation of land, and I mentioned was 10, 15 times bigger than this Cham- The Nevada Test Site is part of our some of it here. ber—huge. There were spots of black national security, and I have done ev- Water has been difficult for Nevada, that appeared on it. The State of Ne- erything I can to make sure that facil- in the north and the south. I knew I vada didn’t have the resources to take ity is taken care of, and it is. There are had been elected to the Senate, and I on the oil companies and airlines. So a lot of experiments going on there all was leaving Reno, NV, on an airplane they didn’t know what was wrong. I got the time. We have fuel spills and dif- and someone asked me: What is the Bill Bradley, who was chairman of the ferent tests that take place there. most difficult problem facing Nevada? I Subcommittee on Energy, to hold a Finally, this is one of the best things said: Water. hearing. It was so important we did I ever did. Yesterday I heard BARBARA Having said that—we have all done that because we determined that oil MIKULSKI say listen to what your con- it—I thought: What am I going to do was coming from broken oil lines, fuel stituents say. A group of veterans now? I had to do something. We did lines, going to the Reno airport. Had came—just a few feet from here—to something. Now it is all done. We set- we not done something, it would have talk to me a number of years ago. One tled a 100-year water war between the been awful. It was declared an emer- of them said: Senator, this is somewhat States of California and Nevada. We gency superfund site, and people imme- strange. I am disabled from the mili- settled all the litigation on the Truck- diately moved in and took care of that. tary, and I am also retired from the ee and Carson Rivers. It took 20 years I am giving a quick look at it. That military. I can’t draw both benefits. I to finally implement that. There were gravel pit is now a beautiful lake. It is said: What are you talking about? He many water systems—the Lake Tahoe called the Sparks Marina. There are said: I can’t. If you retire from the For- region—and they are gone. We had condos, apartments, and businesses all est Service and have a military dis- large wetlands that had gone dry, and around there. People boat on it. It is ability, you can get your pension from that is now getting fresh water in it. It wonderful. It all started out as a gravel the BLM, the Forest Service or what- involved an irrigation district for In- pit. I appreciate Bill Bradley’s good ever it is, and also get your disability, dian tribes and endangered species, and work on that. but not if it is both military. We we were able to get all that done. It I want to talk about national secu- changed that. Now, if you have a dis- made a stable water supply for North- rity. There are people in this Chamber ability and you have retired from the ern Nevada, the Reno area. much better than I am on national se- military, you can draw both. It is Southern Nevada is really a desert. It curity, and I know that, but I have called concurrent receipt. That took a has 4 inches of rain a year in Las worked hard. I worked hard. We have long time, but we got it done. It is not Vegas. We have worked hard with Pat been a dumping ground for all things in perfect, but it is 80 percent complete. Mulroy. She has done wonderful things. the military. We have Nellis Air Force I talked earlier this morning about I see the junior Senator from Arizona Base. It was named after Bill Nellis, being a lawyer. I am proud of the fact here. When he was elected, the States who was from Searchlight. He was a that I was a trial lawyer. I hear Sen- of Arizona and California wouldn’t war hero in World War II. It is the fin- ators talk all the time about these ju- speak to each other. They were fight- est fighter training facility in the dicial selection committees. They have ing over water. Now we work together world. If you want to fly jet airplanes, to help pick whom they will have on on water. It has been remarkable what then you must train at Nellis. They the Federal bench. I am glad they do we have been able to do as partners to have a large gunnery range. The Navy that because I also have a judicial se- get things done. We bank water for Ari- does the same thing in Northern Ne- lection committee. You know who is on zona, and when they need the water vada with the naval air training cen- that committee? Me. No one else is on and it is in our ground, we can give it ter. Frankly, I was able to get tens of it. I select all of my judges. I am the

VerDate Sep 11 2014 02:04 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.009 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6855 committee, and I am very happy with People come from all over the world to was on George Bush’s policy regarding the what I have been able to do. study what happens to earthquakes. Middle East war. It was eloquent, thought- One of the things I did when I was in Biodiversity study. For many years, I ful. Powerful. the House was name a Federal building I was so impressed that following his directed funding to the biodiversity speech, there had been a quorum call. His in Las Vegas after a very famous fam- study. It was the best science going on seat was way back there. I walked up to him ily of lawyers, the Foley family. They at the time on the environment and and he was sitting, I was standing, looking had two Federal judges, a district at- studying the Great Basin. over him. I said, ‘‘Senator, that was really torney, and a State court judge. They Native Americans in Nevada. We terrific. That was really good.’’ I will never were a wonderful family called the have 26 different tribal organizations. I forget his response. He looked at me without hesitation, with- Foley family. I attended the 10th anni- am really happy with what I have been versary of that, and when I looked up out any braggadocio, no conceit, just humil- able to do to help Native Americans, ity. He looked up at me and said, ‘‘I have a there, I saw nothing but White males. I and, believe me, they haven’t been gift.’’ thought to myself, ‘‘Gee, I hope some- treated well in Nevada or anyplace This wasn’t a boast. This was a fact. I have day I can change that,’’ and as fortune else. I have led the legislative efforts never met anyone with an ability to commu- would have it, Lloyd George decided to to make sure they have their water nicate like Barack Obama. Whether it is take senior staff and I had a chance to rights taken care of, settled long- writing, speaking to 30,000 people, a small do something about that. I have sent crowd or someone individually, he is without standing claims against the United equal when it comes to communicating. names to the President and selected far States. We have the Fallon Paiute Sho- His reputation was well known, even before more judges myself in the entire his- shone Tribe, Pyramid Lake Paiute he came to the Senate. He had written his tory of the State of Nevada. So what I Tribe, Shoshone-Paiute Tribes, and the first book, ‘‘Dreams from My Father,’’ a dec- did with the first one, I said, well, I Duck Valley Reservation have all been ade before arriving here. Like his 2006 book, want to get a woman judge, but we able to develop their water rights and ‘‘The Audacity of Hope,’’ this book was full didn’t have a Black judge on the court economies. For example, Pyramid of lyrical, insightful writing. either. I wanted to nominate a Black In ‘‘Dreams from My Father,’’ he outlined Lake will receive almost $100 million the remarkable life story we’ve all come to judge and a woman judge, and that is and Fallon will receive $60 million. I know: born to a father from Kenya in far- what I did. Boy, was I criticized. They worked to get two new high schools away Africa. His mother was from Kansas. said: She doesn’t have enough experi- built, and they were so long overdue. It He was raised by his grandparents in Hawaii. ence. You could have found somebody took decades to get the Shoshone His mother and grandparents set positive ex- better. She was a dynamo. People loved Claims Distribution Act done, and we amples for him. They pushed him to do bet- this woman. She was so good that she finally got it done. Thanks to Presi- ter—to be the man he was born to be. That is now on the Ninth Circuit, and she upbringing would serve him well. dent Clinton, we were able to get the Barack Obama went to some of the most quickly went there. To make a long Indians who belonged up there, the elite schools in the world. Undergrad at Co- story short, she has been part of the Washoe Tribe, right on the lake. lumbia. Of course he was an honor student. talk about who could get appointed to Working with the Obama administra- Harvard Law School. He graduated with dis- the Supreme Court. She is a wonderful tion for the last 8 years has been a tinction. He made history as the first Afri- woman named Johnnie Rawlinson. dream job of mine, being the Presi- can American to be elected president of the I put Roger Hunt, great trial lawyer; dent’s point man here in the Senate. Harvard Law Review. Just to be a member of Kent Dawson, one of my predecessors the Harvard Law Review, having gone to law Mr. President, I ask unanimous con- school myself, it is significant. But he was as city attorney; David Hagan, a won- sent to have an extended speech on derful trial lawyer, and I put him on the number-one guy in that very, very pres- President Obama that I gave yesterday tigious law school. Even then, his reputation the bench. I selected Brian Sandoval as printed in the RECORD. for bringing people together and his gift for a Federal judge, and he was a good Fed- There being no objection, the mate- communication was renowned. eral judge. Things were going great rial was ordered to be printed in the He became a professor of constitutional law at one of America’s great law schools. He until he ran against my son for Gov- RECORD, as follows: ernor, and I wish he hadn’t because my became a community organizer, as he has [Dec. 7, 2016] son would now be Governor. He is my talked about a lot. He became an Illinois friend, and our family has accepted STATEMENT OF SENATOR HARRY REID PAYING state senator before giving one of the most TRIBUTE TO PRESIDENT BARACK OBAMA dramatic convention speeches in American that. He was the first Hispanic on the history, in 2004 at the Democratic National bench. I appointed another Hispanic, It’s hard to imagine today, but it wasn’t that long ago that Barack Obama was a lit- Convention in Boston. Gloria Navarro. Her parents were born tle-known Illinois legislator with a very un- Throughout it all, his ability to commu- in Cuba, and she is now the chief judge. usual name. nicate and connect with people fueled his as- Miranda Du, how about that, a woman I still remember the first time I heard that cendancy. Those skills made Barack Obama who was born in Vietnam is now on the name. I was in the House gym, where ex- a terrific senator. And they have greatly bench in Nevada. How about that, Mi- members congregated. And one of the people benefited our country over the last 8 years. In a few weeks, Barack Obama will finish randa Du. She was born in Vietnam and I shared the room with was Abner Mikva, long-time Illinois Congressman, appellate his term as the 44th President of the United came over when she was 11 years old to States. I don’t know if I’m leaving with him Alabama. Jennifer Dorsey, a woman; court judge, President Clinton’s chief legal officer. or he’s leaving with me. I guess I leave a few Andrew Gordon, a Harvard law grad- I had known that Republican Senator days before he does, but we’re leaving to- uate; Richard Boulware, African Amer- Peter Fitzgerald of Illinois decided not to gether. I cannot think of a better person ican. I changed that Nevada Federal run for re-election after one term. And Judge with whom to leave public service. For 8 bench significantly. I had the pleasure Mikva turned to me and said he knew the years I was his point man and it has been an perfect person to fill that open seat. ‘‘Who honor and an effort of pleasure. of voting for and against all eight What this man accomplished—despite un- could that be,’’ I said? members of the Supreme Court who precedented obstruction from Republicans— He said, ‘‘Barack Obama.’’ now sit there. I have had a chance to is remarkable. History will remember Presi- I said, ‘‘What?’’ vote for every one of them during my dent Barack Obama’s many accomplish- He said, ‘‘Barack Obama.’’ career. ments. I said, ‘‘Who? What kind of name is that?’’ President Obama saved the country from Education. I worked hard for edu- He said: ‘‘He is one of the most talented cation in Nevada, and I have done OK. economic collapse, ushering in a new era of people I’ve ever met in all my years.’’ That growth. The Desert Research Institute is a said a lot to me. Even though, at that time, Since 2010, the economy has added more 2.6 unique organization. It is not helped by I smiled and left the room. But it didn’t take million private-sector jobs. the University in Nevada at all. They long before I understood what Mikva told Median household incomes have risen sig- all have Ph.D.s and they have been in me. nificantly. existence for 50 years. Some of the Barack Obama won that election to the The unemployment rate is now at 4.6 per- most significant research in the world Senate. Came from nowhere, the man with cent. In some states, like Nevada, it was as the unusual name. And once he was here, it high as 14 percent. is done there. They have two supercom- was obvious he was the real deal. President Obama brought the American puters. Our earthquake center is the His ability to communicate was—and is— auto and manufacturing industries back best in the world. They have more stunning. I can remember one of his first from the brink of collapse with unique pro- shake tables than anyplace in America. floor speeches he gave here in the Senate. It grams such as Cash for Clunkers.

VerDate Sep 11 2014 07:43 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.010 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6856 CONGRESSIONAL RECORD — SENATE December 8, 2016 More than 800,000 new manufacturing jobs school meals to ensure children receive the encing the longest streak of private-sector since 2010. nutrition they need to have healthy, success- job growth ever. We have the lowest unem- The auto industry added more than 646,000 ful futures. ployment rate in nearly a decade. jobs since 2009. President Obama made strides on edu- After eight years of President Obama, we Domestic production of autos doubled from cation. are now on a sustainable path to fight cli- below 6 million units per year to 12 million Our nation’s high school graduate rate is mate change and grow renewable energy. We per year in 2015. the highest in history. are more respected around the world. We President Obama brought health care to He reformed the federal student loan pro- reached international agreements to curb tens millions of Americans through the Af- gram, increased the Pell Grant, made stu- climate change, stop Iran from obtaining a fordable Care Act. And every day we learn dent loan repayment more affordable, and nuclear weapon and are on the path to nor- how important this bill has been. We heard expanded loan forgiveness for graduates that malizing relations with our neighbor Cuba. from a very conservative American Hospital enter public service professions. Our country has made significant strides Association today that doing away with President Obama granted deferred action in nearly every way. There is no doubt that Obamacare would bankrupt the hospital in- to immigrant youth who would have quali- the United States is better now than we were dustry. They would lose over the next few fied under the DREAM Act, bringing nearly eight years ago. And we have Barack Obama years—almost $200 billion. 800,000 young people out of the shadows. to thank for that. 21 million more Americans now have af- President Obama made our country more Thank you, President Barack Obama, for fordable health care. inclusive. being the person you are. The uninsured rate is at an all-time low— He signed the repeal of Don’t Ask, Don’t Mr. REID. Mr. President, I ask unan- 92 percent of Americans have coverage. Tell. imous consent that lots and lots of Insurance companies cannot deny coverage He signed executive orders protecting stuff I have done be printed in the or charge more to cover people with pre-ex- LGBT workers. isting conditions. And how many of us have Americans are now free to marry the per- RECORD. gone out to our home states and had people son they love, regardless of gender. There being no objection, the mate- with tears in their eyes say, you know, And as Commander-in-Chief, President rial was ordered to be printed in the Debbie has been sick since she was a little Obama brought Bin Laden to justice. RECORD, as follows: girl with diabetes? Now for the first time in These are just a few aspects of President REDUCING TAX BURDENS FOR NEVADA her life she can have health insurance. Obama’s storied legacy that is still growing. RESIDENTS & BUSINESSES Insurance companies cannot discriminate What a record. It is a legacy of which he Taxpayers’ Bill of Rights—The ‘‘Tax- against anyone because of their gender. should be satisfied. America is better be- payers’ Bill of Rights’’ was the first bill Sen- Every American with insurance has access cause of this good man spending eight years ator Reid introduced upon entering the Sen- to preventive care without cost sharing. in the White House. ate. Several of the ideas in his bill were later That means no co-pays for immunizations, But I am even more impressed by who he is incorporated into the Internal Revenue Serv- cancer screenings, contraceptive coverage as a person than who he is as a president. He ice Restructuring and Reform Act of 1998. for women, diabetes screenings, or blood is a man of integrity, of honesty. I have The ‘‘Taxpayers’ Bill of Rights’’ laid out the pressure and cholesterol tests. learned much from him. rights of taxpayers during an audit, proce- President Obama held Wall Street account- I have never heard Barack Obama deni- dures for appealing a decision or filing com- able. grate anybody, ever. There have been times plaints, the procedures the IRS may use to He signed into law the most comprehensive where he could have. Perhaps I thought a enforce laws and placed the burden of proof Wall Street and financial reform legislation negative word should be said and I suggested on all issues upon the IRS. since the—Great Depression—Dodd-Frank. that to him. But he would never take it. No, Ended the Source Tax—Senator Reid and His Administration established a new he would never do that. That’s Barack the Nevada delegation were successful in watchdog to help protect consumers from Obama. protecting Nevada retirees from taxes im- unfair financial practices And, above all, I admire the attention he posed by other states. This legislation ended He signed legislation into law that pro- has given his family. He may be President of taxation without representation by prohib- tected homeowners from mortgage fraud. the United States, but nothing gets in the iting states from taxing the retirement bene- President Obama took more action to pro- way of his family. He is a terrific husband to fits of nonresidents. tect our planet from a changing climate, in- Michelle and outstanding father to Sasha Sales Tax Deduction—Senator Reid rein- cluding the historic Paris Climate agree- and Malia. He arrives home for dinner with stated the deduction for sales taxes to level ment. his family virtually every night he is in the playing field for residents of states with I met yesterday with some Native Alas- Washington. He goes to their plays. He goes no income taxes and he has been successful kans. It was scary to talk to this woman, a to their games. President or not, he is a hus- in extending it. Native Alaskan, her town of 800 having trou- band and a father. Mortgage Tax Relief/Debt Cancellation for ble getting in and out of the town. She told His devotion extends to his staff, as well. Homeowners—Eliminates the income tax me the animals are confused because the sea- And he has had a terrific staff working for penalty for homeowners who are successful sons are changing. The caribou have traveled him. I can’t mention all of them, but I’ll in negotiating a lower mortgage with their for 20,000 years, we believe, 3,000 miles, mi- mention his present chief of staff. Denis lender. grate every year. They walk in single file, McDonough. He and I have a very close rela- Tip Tax Agreements—These are agree- not in large herds jammed together. She said tionship. Close relationships come with a lot ments between the IRS, the employer, and they’re having such difficulty. They used to of difficulty, sometimes, because it’s been tipped employees that make it easier for em- be able to walk over. tough, what we’ve tried to work through to- ployees to report and pay the tax due on President Obama made the largest invest- gether. tipped income. Senator Reid was instru- ment ever in renewable energy. He tripled Pete Rouse, one of the nicest people I’ve mental in making sure that these agree- wind power and increased solar power by 30 ever known. He also worked for the president ments are fair for Nevada’s tipped employ- times—creating more than 200,000 jobs in very closely. He was his chief of staff as sen- ees. solar alone, with hundreds of thousands ator and of course chief advisor when he was Tax Incentives for Solar and Geothermal more jobs in the next few years. in the White House. Energy—Senator Reid was instrumental in President Obama protected more than 260 Rahm Emmanuel, now the mayor of Chi- securing the long-term extension of tax in- million acres of public lands and waters. cago, Illinois. Former chief of staff, current centives to promote the development of elec- That includes more than 700,000 acres in Ne- mayor of Chicago. A man known for his tricity generated by solar and geothermal vada with one order that he signed. It’s bluntness and his productivity as a member sources in Nevada. called the Basin and Range National Monu- of Congress and as chief of staff. Payment in Lieu of Taxes (PILT) & Secure ment, a place where John Muir came looking Alyssa Mastromonaco, former deputy chief Rural Schools—Senator Reid led a bipartisan around for special places in America. of staff. I hope that I had something to do coalition of Western senators to fully fund He camped in the Basin Range. And hope- with the romance that wound up with Alyssa PILT and reauthorize Secure Rural Schools fully someday every Senator can go to this marrying my chief of staff, David Krone. the first time since 1994 and provides $130 magnificent thing in the desert. It has taken These are a few people I had the pleasure of million over five years to rural counties in 40 years to build. One man has done it, a fa- working with. And then there’s President Nevada. mous artist by the name of Michael Heizer. Obama’s cabinet—a cabinet of quality. Cancellation of Indebtedness—Businesses It’s called City. When I talk about 40 years, That includes my friend, Secretary of the needing to restructure their debts in order to I mean days, weekends, overtime, and large Interior Ken Salazar—a wonderful man and survive the economic downturn found them- contingencies of people he directed to this terrific public servant. A man of substance, selves facing a significant tax penalty as a magnificent thing in the middle of the like no other I have ever known. result of that process. As part of the Amer- desert. After eight years leading our country, ican Recovery and Reinvestment Act of 2009, President Obama and First Lady Michelle President Obama is leaving office on a high Senator Reid was instrumental in pushing Obama made our nation’s children a top pri- point. When he first took office, our country through relief from this tax penalty, helping ority. In 2010, President Obama signed a bill was in an economic freefall. It was hem- Nevada companies to improve their balance into law to fight child hunger and improve orrhaging jobs. Now the economy is experi- sheets and save thousands of jobs.

VerDate Sep 11 2014 02:04 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.001 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6857 Homebuyer Tax Credit Extension—Instru- expedited eligibility category, it appears the thousands of Nevadans and millions of Amer- mental in securing an extension of the $8000 Underground Testing years are on their way icans gain access to the affordable health tax credit for first-time homebuyers and of- to being granted the expedited status. care that they need and deserve. The law has fering a reduced credit of up to $6500 for re- Nevada Test Site Workers Area 51—In 2008, resulted in 21 million more Americans being peat buyers who have owned their current Senator Reid successfully fought for the fed- covered by health insurance, and an all-time home for at least five years. eral agencies to allow Dept. of Energy work- high insured rate of 92%. NEVADA JOBS, ECONOMY AND LABOR ers at Area 51 to be eligible for the Children’s Health Insurance Program EEOICPA, thereby reversing a Republican (CHIP) Creation and Reauthorization—This Congressional Review Act—Worked with Bush Administration policy. long overdue reauthorization ensures health Senator Don Nickles to lead passage of the Unemployment Insurance Extension—In- care for thousands of children across Nevada Congressional Review Act, making it easier strumental in passage of an extension of Un- whose parents earn too much for Medicaid, for Congress to overturn burdensome regula- employment Insurance benefits in 2009 and but not enough to afford private insurance. tions imposed by executive branch agencies. 2010 for states that have been hit the hard- Thanks to the recent expansion, an addi- CityCenter—Worked with stakeholders of est, like Nevada, and out-of-work Americans tional 4.1 million low-income children across CityCenter to ensure construction of project across the country. the country will now have access to quality continued and advanced to opening in 2009, NEVADA TRANSPORTATION health coverage. saving almost 10,000 jobs. Strengthening Medicare—Seniors and peo- Housing Loan-to-Value Ratio—Requested McCarran Airport Funding—Senator Reid ple with disabilities know the value of the the Administration raise the loan- to- value has secured tens of millions for McCarran Medicare program. In the last Congress, Sen- requirement for its mortgage modification Airport. Among the projects this money has ator Reid led the way to overriding a Presi- program, and the Administration responded funded include: new air traffic control tower; dential veto of improvements to the pro- by raising it 125 percent. increased Customs and Border Control pro- gram. This legislation ensured that physi- American Recovery and Reinvestment Act tections; wind hazard detection equipment; cians did not experience severe cuts to reim- (ARRA)—Shepherded the stimulus legisla- fiber optic telecommunications systems; and bursement that could have jeopardized ac- tion through the Senate and conference, apron rehabilitation and reconstruction. cess to care for Nevada’s seniors. Reducing Flight Delays Act—Led passage which will provide Nevada with $3 billion in Suicide Prevention—Senator Reid is re- of legislation that provided the Secretary of economic recovery funding, which is ex- sponsible for the creation of the National Transportation with flexibility to transfer pected to create or save 34,000 jobs, 90% of Strategy for Suicide Prevention and has funds to reduced FAA traffic control oper- which are in the private sector. Each worker helped enact a number of laws that will help ations, which had been reduced as a result of is eligible for up to $400 in tax relief and fam- reduce the rate of suicide, including the Gar- sequestration. ilies could receive up to $800. A tax credit of rett Lee Smith Memorial Act targeting Reno Airports Funding—Senator Reid ob- $8,000 for first-time homebuyers will help Ne- youth suicide, legislation that will lower the tained more than $55.8 million for the needed vadans invest in a home and move the excess Medicare coinsurance for outpatient mental improvements to the Reno-Tahoe Inter- supply of houses off the market. The ARRA health and the mental health parity act. provides a temporary deduction for non- national and Reno-Stead airports. These Mental Health Parity—The bipartisan leg- itemizers for sales tax paid on the purchase funds have paid for new approach lighting islation which Senator Reid helped pass en- of a car or truck. The HOPE education credit systems, new control towers, runway/taxi- sures that plans covering mental health for higher education is increased to $2,500 way reconstruction and lighting to name but services cannot provide different financial dollars. Every SSI recipient, Social Security a few projects. requirements or treatment limitations than McCarran Airport: Tax Relief for Growth beneficiary, Railroad Retirement beneficiary they would for medical or surgical benefits. and disabled veteran receiving VA benefits and Construction—Senator Reid was able to Drug Quality and Security Act—Provided will receive a one-time economic recovery save the Clark County Department of Avia- the FDA with more authority to regulate payment of $250. Federal and state pen- tion tens of millions of dollars by passing re- and monitor the manufacturing of com- sioners who are not participants in Social lief for the department’s Alternative Min- pounded pharmaceutical drugs. Security will be eligible for a $250 tax credit. imum Tax (AMT) for bonds which refinanced Interstitial Cystitis Research—Senator Travel Promotion Act—Using the Las the Terminal 3 project at McCarran Airport. Reid earmarked millions of dollars for the Vegas Convention and Visitors Authority’s This provision will lower financing costs for National Institutes for Health (NIH) to re- model for Las Vegas, the bill will create a this important project by at least $72.4 mil- search IC, a disease which affects women, Corporation for Travel Promotion which will lion. and has funded programs at the Centers for be responsible for marketing the United Last Highway Reauthorization Disease Control and Prevention (CDC) to States around the world as a tourist destina- (SAFETEA–LU)—Increased Nevada’s high- support public and health provider education tion. Senators Reid and his colleagues from way funding by 30% and Transit funding by and outreach about the illness. both sides of the aisle believe that efforts 152%. Senator Reid was instrumental in get- Nevada Cancer Institute—Senator Reid has through this bill to make the U.S. more at- ting over $1.3 billion for Nevada transpor- secured tens of millions of dollars to support tractive abroad and easy to visit will di- tation projects included in the 2005 National the infrastructure costs to create a cancer rectly increase the number of visitors to Ne- Highway Bill. institute in Nevada. This has helped to at- vada and create tens of thousands of sorely Some Additional Major Transportation tract world class cancer researchers to Ne- needed jobs. A study by Oxford Economics Projects: vada and will help to ensure that Nevadans estimates that this plan would attract 1.6 NORTH will have access to clinic trials. In 2009, Sen- million new international visitors annually Interstate 580 Extension Between Reno and ator Reid worked on a bipartisan basis with and projects TPA could create $4 billion a Carson City—$29 million the Nevada Congressional delegation to se- year in new economic activity. Reno Transportation Rail Access Corridor cure 80 acres of federal land for the Institute Minimum Wage Increase—In 2007, Senator Cover (ReTRAC)—$15.25 million to construct a new facility devoted to devel- Reid worked with a bipartisan coalition of Virginia and Truckee Railway from Vir- oping new treatments for Nevadans afflicted Senators to increase the minimum wage for ginia City to Carson City—$10 million with cancer. the first time in ten years. Signed into law Reno Bus Rapid Transit—$12 million Chronic Fatigue Syndrome Research—Sen- by President Bush, this legislation helped Lake Tahoe Passenger Ferry Service—$8 ator Reid has a long history of supporting ef- some of the hardest-working Nevadans make million forts related to Chronic Fatigue Syndrome ends meet. Carson City Bypass Enhancement—$2 mil- since he first became aware of this dev- Nevada Test Site Workers EEOICPA—Sen- lion astating disease in 1987 when the first known ator Reid was instrumental in the passage of Meadowood Interchange—$3.75 million outbreak of CFS cases was documented in In- the Energy Employees Occupational Illness SOUTH cline Village, Nevada. In 1999, he uncovered a Compensation Program Act (EEOICPA) of scandal at the CDC and forced CDC officials Hoover Dam Bypass Bridge—$50 million 2000, which provides monetary compensation to acknowledge that they had misappro- Boulder City Bypass—$28.6 million and medical coverage to NTS workers with priated the majority of the $22.7 million he Interstate 15 Widening Project from radiation-induced cancer, beryllium disease, had earmarked for CFS research at the CDC Primm to Apex—$27 million or silicosis. in 1995. Boulder Highway Bus Rapid Transit Sys- Nevada Test Site Workers 1951–1962—Sen- Contraceptive Equity—Passed legislation tem—$12 million ator Reid was instrumental in establishing ensuring that federal employees have access UNLV Transportation Research Center— the Atmospheric Testing years at NTS in an to prescription contraception. $2.5 million expedited eligibility category. Breast Cancer and Environmental Re- Lake Mead Parkway, Henderson—$2 mil- Nevada Test Site Workers 1963–1992—Sen- search Act—Sponsored by Senator Reid, this lion ator Reid was instrumental in the writing law will help to establish a national strategy and submission of a regulatory petition to AFFORDABLE & QUALITY HEALTH CARE FOR ALL to study the potential links between the en- include more Nevada Test Site workers in an NEVADANS vironment and breast cancer and would au- expedited eligibility category. According to Affordable Care Act—Led passage of the thorize funding for such research. The result- a recent position paper by the agency re- Affordable Care Act, commonly referred to ing discoveries could be critical to improving sponsible for establishing membership in the as the health reform law, which is helping our knowledge of this complex illness, which

VerDate Sep 11 2014 03:12 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.003 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6858 CONGRESSIONAL RECORD — SENATE December 8, 2016 could lead to new treatments and perhaps, ly rising premiums for their COBRA insur- ignated over 768,000 acres in new wilderness one day, a cure. ance coverage. Senator Reid was instru- areas, including over 150,000 acres of the Amyotrophic Lateral Sclerosis Registry mental in obtaining a premium subsidy for Mormon Mountains. This legislation also Act—Sponsored by Senator Reid, this law COBRA recipients in the American Recovery provided new authority for land sales to in- will create an ALS registry at the Centers and Reinvestment Act of 2009. This provision crease Lincoln County’s tax base. for Disease Control and Prevention (CDC) created a 65% subsidy for health insurance White Pine County Land Bill—Senator and will aid in the search for a cure for this premiums under COBRA for up to nine Reid led the Nevada delegation to pass legis- devastating disease. months for workers and their families who lation protecting 559,000 acres of incredible Genetic Information Non-Discrimination have been involuntarily terminated between wilderness lands and provided a timely eco- Act—Senator Reid was instrumental in pass- September 1st, 2009 and December 31st, 2009. nomic boost to White Pine County. The bill ing legislation that establishes strong pro- NEVADA’S ENVIRONMENT, ENERGY & LANDS also added important protections to the land tections against discrimination on the basis surrounding Great Basin National Park, en- Yucca Mountain—Slashed funding for of genetic information by health insurance larged two state parks and a state wildlife Yucca to record lows during the pro-Yucca companies and employers. management area, and provided lands for the Republican Bush Administration, and Affordable Birth Control—Senator Reid future growth of the Ely Shoshone Tribe. was instrumental in passing a provision that worked with President Obama to terminate Carson City Land Bill—This legislation in- would restore the practice of allowing safety the project and launch a Blue Ribbon Com- creases open space opportunities and helps net providers to have access to nominally mission to develop alternatives. the city pursue its smart growth plans. The priced drugs. Historically pharmaceutical Renewable Energy and Efficiency tax in- bill includes a land exchange between the companies have been permitted offer low, or centives—Since 2000, Senator Reid has se- city and the Forest Service, giving each enti- ‘‘nominally priced,’’ drugs to safety net pro- cured over $100 million for Nevada-based ty land that is more suited to its mission and viders to help ensure that low-income popu- projects to research and advance our na- management abilities. The legislation also lations have access to affordable medication. tion’s renewable energy and energy effi- conveys the Silver Saddle Ranch and Prison In 2005, Congress passed legislation which ciency capabilities. Additionally, the Recov- Hill to Carson City for continued public use, tightened regulations about who was eligible ery Act provided over $500 million for energy with a conservation easement retained by for nominally priced drugs. In doing so, Con- efficiency, renewable energy and weatheriza- the Bureau of Land Management. gress inadvertently cut off every safety-net tion projects in Nevada. Nevada’s institu- Ely Native Seed Warehouse—Currently provider from obtaining birth control at a tions of higher education, schools, counties under construction, the Ely Native Seed low cost, and passing on those savings to and others are working to make Nevada the Warehouse will hold one million pounds of their patients. Women who once paid five to nation’s renewable energy leader native seed used to will help reseed habitat ten dollars each month had to pay $50 or Renewable Energy Transmission—Deliv- after fires. more for basic birth control. ered $3.25 billion in financing for developing Fallon Plant Materials Center—Secured Pandemic Flu Funding—Senator Reid has transmission for renewable energy in the funding for the Center which will help de- worked to secure billions of dollars to ensure West (Recovery Act), as well $4.4 billion to velop resilient crops for the Great Basin. we are prepared to minimize the impact of build a national smart grid to accelerate re- Nevada Hunting Bill—Restored each the H1N1 flu or any potential flu pandemic. newable energy development in Nevada and state’s ability to differentiate between in- Medical Research Funding—Senator Reid across the country. state and out-of-state hunters when selling has a long history of directing funding to the Solar Energy—Worked with Department of game tags. National Institutes of Health for funding bio- Interior to designate seven Solar Energy Drop 2 Reservoir—Passed legislation allow- medical research in areas such as cancer, Study Areas in Nevada and to institute fast ing construction of a major water-saving res- Alzheimer’s, heart disease, diabetes and stem track environmental reviews for key renew- ervoir east of San Diego, which will allow cells. Last year alone, he supported directing able energy projects (3 solar and 2 wind en- southern Nevada to take significant addi- over $40 billion to the National Institutes of ergy projects). tional water from the Colorado River. Health through ARRA and the Omnibus. Hosted Eight National Clean Energy Sum- REBUILT/RECONSTRUCTED SEVEN BRIDGES IN These investments could lead to new cures mits Established the Blue Ribbon Panel on JARBIDGE and treatments, and will address debilitating Energy in Nevada—Senator Reid, has hosted Sloan Canyon—In the Clark County Land health conditions that prevent our workforce the National Clean Energy Summit in Ne- Bill, created the Sloan Canyon National Con- from reaching optimal productivity. vada since 2008. These events have helped servation Area to preserve the beautiful FDA Reauthorization Including Drug Safe- build a dialogue among the nation’s most areas that bless southern Nevada. ty Requirements—In September 2007, Sen- distinguished leaders in clean energy policy Clark County Shooting Park—Conveyed ator Reid worked to enact the Food and Drug on how to build the infrastructure and create 3,000 acres and provided $60 million to de- Administration Revitalization Act (Public jobs to achieve energy security using renew- velop the world’s finest shooting range. Law 110–85), which extends the legal author- ables, other forms of clean energy, and effi- Red Rock Canyon National Conservation ity for the Food and Drug Administration ciency. Speakers have included President Area—Protected southern Nevada’s most no- (FDA) programs for approving prescription Barack Obama, President Bill Clinton, Sec- table and beloved outdoor and scenic area. drugs and medical devices. While this new retary Hillary Clinton, Vice President Al Great Basin National Park—Championed law will improve prescription drug and food Gore, Energy Secretary Steven Chu, Energy legislation that created Nevada’s first Na- safety for all Americans, it also will improve Secretary Ernest Moniz, Interior Secretary tional park in 1986; secured funding for and programs focused just on our children. These Ken Salazar, Tesla CEO Elon Musk, along dedicated a new visitor’s center in 2005; and improvements represent a victory for con- with many other leaders from government, stopped two coal plants that would have sumers and patients who depend on our na- business, labor, and the non-profit commu- wrecked the park’s incredible clean air. tion’s system for ensuring that life-saving nities from Nevada and beyond. Tule Springs Fossil Beds National Monu- drugs and devices come to market in a time- Geothermal Energy—Prevented the Repub- ment—In 2012, Senator Reid authored and in- ly and safe way. lican Bush Administration from closing troduced legislation to establish Nevada’s Federal Medical Assistance Program down the geothermal energy R&D program. only current National Monument in the (FMAP) Increase—Senator Reid worked very Mormon Crickets—Was successful in get- north Las Vegas Valley. The legislation was hard to increase temporarily the federal ting over $20 million appropriated for Ne- passed in 2014 and created a 22,600 acre Na- medical assistance percentage (FMAP) as in- vada. tional Monument that protects the best col- cluded in the American Recovery and Rein- BLM California Trail Center in Elko— lection of Ice Age mammal fossils in the vestment Act of 2009 (P.L. 111–5). The goal Passed authorizing legislation and secured United States. The legislation also provided was to enable states to maintain their Med- more than $10 million to build the Center. economic development, educational and icaid services, while also targeting addi- Clark County Heliport—Conveyed 230 acres recreation opportunities throughout Clark tional funds to the states most in need like to create a new, dedicated facility. 100,000 County. ours. Nevada will receive more than $450 mil- people are safer as a result. Basin and Range National Monument— lion in additional funding as a result, which Ivanpah Airport—Authored and passed leg- President Obama used his authority under is the largest percentage increase of any islation that designates 6,500 acres for a new the Antiquities Act on July 10, 2015, to per- state in the Federal Medical Assistance Pro- long-haul airport. manently protect more than 700,000 acres of gram. Clark County Land Bill—In 2002, led Ne- land in eastern Nevada as the Basin and Cobra Expansion—The Consolidated Omni- vada delegation to pass a comprehensive Range National Monument. Senator Reid ad- bus Budget Reconciliation Act of 1985 public lands management plan for Clark vocated for years to protect this truly spe- (COBRA) requires most employers with County. This strong bipartisan legislation cial area where the Mojave Desert meets the group health plans to offer employees the op- released wilderness study areas to enhance Great Basin, and Joshua trees and cactus portunity to continue their coverage under economic opportunities in Clark County give way to a sea of sagebrush. It is home to their employer’s plan if their coverage is cut while also adding 440,000 acres to the na- desert bighorn sheep, mule deer, elk, and off or suspended due to a layoff, or other tional wilderness system. pronghorn antelope. It is an area that pro- qualifying change in their employment sta- Lincoln County Land Bill—Led Nevada del- vided food and shelter for Native Americans, tus. Many Nevadans who have recently be- egation to pass the largest wilderness bill in and one can see their history today in in- come unemployed are troubled by the steep- the history of Nevada. This legislation des- credible rock art panels there. The Basin and

VerDate Sep 11 2014 03:12 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.004 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6859 Range Monument will also protect the cul- and modernized demilitarization facilities. Members of Congress and staff regarding tural integrity of world-renowned artist Mi- Senator Reid also helped protect the Depot stock and commodity transactions. chael Heizer’s expansive sculpture, ‘City’. from closure during the BRAC process saving Honest Leadership and Open Government Lake Tahoe—Hosted the first Tahoe Sum- hundreds of jobs and millions of dollars in Act—Senator Reid authored the ‘‘Honest mit to help preserve the lake’s clarity; impact for the community. Leadership and Open Government Act of passed the original Lake Tahoe Restoration Nevada National Guard (Army and Air)— 2007,’’ which passed on a bipartisan basis and Act; sent over $300 million in federal funds to Secured over $195 million in funding for Base was signed into law by President George W. help the Lake. Infrastructure and equipment. Bush. Sen. Reid’s measure was recognized as Fallon Water Treatment Plant—Senator Cold War Heroes—As part of the Omnibus one of the toughest and most sweeping ethics Reid secured funding for the construction of Lairds Bill of 2009 (PL111–11), Senator Reid reforms in a generation. Among the many the Fallon Water Treatment Plant which secured passage of the Cold War Historical accomplishments of this law include: opened in April of 2004. The residents of Sites Study Act which requires the Depart- Closing the ‘‘revolving door’’ between gov- Fallon and the neighboring Naval Air Sta- ment of the Interior to evaluate sites and re- ernment & lobbyists by former Senators & tion had been subjected to high levels of ar- sources for commemorating and interpreting staff senic in their drinking water that were ten the Cold War, including the Mount Charles- Reforming and increasing transparency for times greater than the national standard set ton Plane Crash Memorial. earmarks and conference reports by the EPA. Concurrent Receipt for Nevada’s Vet- Prohibiting pensions for Members of Con- Walker Lake—In line with Senator Reid’s erans—Senator Reid was instrumental in gress convicted of certain crimes commitment to protecting the environment getting concurrent receipt legislation passed Expanding the lobbying disclosure require- and Nevada’s natural resources, saving in 2004 that enabled our veterans with 100 ments Walker Lake is one of his top priorities. In percent service-related disability to collect Toughening limits on gifts and travel response, Senator Reid has secured more both disability and military pay. The fol- NEVADA EDUCATION AND RESEARCH than $375 million in federal funds for efforts lowing year, Senator Reid won passage of his Bipartisan Student Loan Certainty Act— to preserve the lake. amendment that expanded concurrent re- Changed the federal student loan program Truckee River Operating Agreement—Sen- ceipt to cover America’s disabled veterans from fixed interest rates to rates based on ator Reid helped negotiate the settlement rated as unemployable. This issue has been a the Treasury note plus a percentage for un- for Truckee and Carson Rivers. top priority of Nevada’s 250,000 veterans, as dergraduate, graduate or parent loans. Sparks Marina—Senator Reid worked with well as veterans across the country. GI Bill of Rights—Under Senator Reid’s the residents and community leaders of New Las Vegas Veteran’s Hospital—Sen- leadership, the Post 9/11 GI Bill of Rights— Sparks and used his position in the Senate to ator Reid has secured more than $600 million the largest expansion of educational benefits clean up the once-contaminated gravel pit for the construction of the Veterans Admin- since the original GI Bill of Rights—was into the Sparks Marina. Now the Sparks Ma- istration’s new Las Vegas Hospital and Com- passed. rina is a popular recreational area used by munity Living Center on Pecos Road in Teach for America—Reid worked to bring thousands each year for boating, fishing and North Las Vegas. Additionally, the $75 mil- Teach for America to Nevada, which has re- other outdoor activities. lion Mike O’Callaghan Federal Hospital at sulted in the hiring of several hundred high- 2 Million Acres of Wilderness Land—Begin- Nellis Air Force Base opened its doors in 1994 ly qualified teachers in the Clark County ning with the Nevada Wilderness Act of 1989, due to Senator Reid’s leadership. School District. which designated 740,000 acres of land as pro- New VA clinic in Laughlin, Nevada—In America COMPETES Act—Reid led pas- tected wilderness, Senator Reid has been de- January 2015, Senator Reid announced the sage of the America COMPETES Act, bipar- voted to protecting Nevada’s wilderness. To opening of a VA Outreach Clinic in Laughlin, tisan legislation to improve math and this date, he has continued working hard to which will allow Veterans in the Southeast science education and increase the federal turn more than 2 million acres into pro- area to more easily access high quality care. commitment to research. tected wilderness. One of the highlights of The Laughlin Clinic will provide primary UNR Fire Science Academy—The Fire the Senator’s efforts includes the Black care for eligible Veterans who are appro- Science Academy located in Carlin opened Rock Desert—High Rock Canyon Emigrant priate for care at an outreach clinic as well its doors in 1999. In cooperation with the Trails Act of 2000 which provided 750,000 as some mental health and social work care. University of Nevada, Reno, Senator Reid acres of wilderness in Nevada. Nevada Test Site—Maintained the Nevada succeeded in getting the Department of En- Rural Water—Secured more than $100 mil- Test Site as part of the National Domestic ergy to award the facility with an $8 million lion to rural water systems across Nevada to Preparedness Consortium, and provided ap- in grant and appropriations support. improve drinking water quality and treat- propriations of over $20 million annually. Nevada State College Campus—In 2002, ment systems. Urban Area Area Security Initiative—Re- Senator Reid successfully pushed through a Water Security—Enhanced Nevada’s water instated Las Vegas onto the UASI (Urban land transfer in Southern Nevada that pro- security by directly authorizing develop- Area Security Initiative) city list, thereby vided campus land for the newly created Ne- ment of the All American Canal, a critical securing millions in funding to help prepare vada State College. piece in implementing the lower Colorado and protect the city from attack. Desert Research Institute (DRI)—Secured River Basin multi-state shortage agreement. Implement the 9/11 Commission Rec- more than $70 million in appropriations for NATIONAL SECURITY AND VETERANS ommendations—As Majority Leader, Senator projects. Secured Vital Funding for All of Nevada’s Reid pushed to have the recommendations of UNLV Super Computers—Secured $2.7 mil- Military Installations. Over the course of his the bipartisan 9/11 Commission written into lion. UNR Earthquake Center & Biodiversity tenure, Senator Reid has secured millions for law. This law made Nevadans and all Ameri- Study—Secured $2.5 & $7.5 million respec- Nevada’s troops, veterans, military families cans more secure by: giving first responders the tools they need to keep us safe; making tively. and installations. In fiscal year 2017, Senator UNLV Research Park—Conveyed 122 acres it more difficult for potential terrorists to Reid worked to obtain over $204 million in of federal land to UNLV Research Founda- travel into our country; advancing efforts to federal funding for projects at the Nellis Air tion for construction of a research center secure our rail, air, and mass transit sys- Force Base, Naval Air Station Fallon, and and provided special authority to allow the tems; and improving intelligence and infor- Reno VA Medical Center. In addition, $90 Foundation to keep and reinvest 100% of any mation sharing between state, local, and fed- million was allocated nationwide for con- lease revenues from the land. struction of state veteran extended care fa- eral law enforcement agencies. Dandini Research Park Conveyance Act— cilities, including one to eventually be built NEVADA’S JUDICIARY Passed legislation signed into law by Presi- in Reno. Nevada Federal Courthouses and Build- dent Bush transferring 476 of the 467–acre Base Closure and Realignment Commission ings—Senator Reid secured more than $83 parcel north of downtown Reno from the Bu- (BRAC)—Successfully fought to keep Haw- million in funding for construction of a new reau of Land Management to the Board of thorne Army Depot open through the BRAC federal building for Southern Nevada, the Regents of the University and Community process and prevented the Nevada Air Na- Lloyd D. George Courthouse and Federal College System of Nevada for use by Truckee tional Guard from losing their C–130 aircraft. Building in Las Vegas. Senator Reid was also Meadows Community College and the Desert Senator Reid’s leadership position in the instrumental in securing funding for the Research Institute. Senate was pivotal in allowing him to ap- Bruce R. Thompson Courthouse and Federal point a Nevadan to the Commission. NATIVE AMERICANS Building in Reno. Indian Water Settlements—Senator Reid Nellis Air Force Base—Secured more than Mills B. Lane Justice Complex Security $350 million in funding for Base Infrastruc- has led the legislative effort to quantify In- Upgrades—Secured nearly $1 million for the dian water rights and settle long-standing ture. Reno Municipal Court and the Washoe Coun- Creech Air Force Base (Indian Springs)— claims against the United States. The Fallon ty District Attorney’s security following the Secured $128.8 million in funding for Base In- Paiute Shoshone Tribe (1990), the Pyramid 2006 sniper shooting. frastructure and for a new Center of Excel- Lake Paiute Tribe (1990), and the Shoshone- lence for the Unmanned Aerial Vehicles ETHICS & LOBBYING REFORM Paiute Tribes of the Duck Valley Reserva- (UAVs). Stop Trading on Congressional Knowledge tion (2009) have been able to develop their Hawthorne Army Depot—Secured over $59 Act (STOCK Act)—Senator Reid led the way water rights and their economies because of million in funding for Base Infrastructure in creating new reporting requirement for these settlements.

VerDate Sep 11 2014 07:43 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.006 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6860 CONGRESSIONAL RECORD — SENATE December 8, 2016 Western Shoshone Claims Distribution George Mitchell, what a wonderful were there. They were there to work Act—Senator Reid led efforts to enact a law extemporaneous speaker. He was the him over. He said: What am I going to ordering the United States to distribute set- best. He was a Federal judge, U.S. at- do? Just about then a miracle hap- tlement funds resulting in the resolution of pened. Our cousin Jeff walked in. He the Western Shoshone land and accounting torney, and a good man. claims against the United States. The settle- I was a junior Senator and didn’t hadn’t been to Searchlight for a couple ment funds, now totaling nearly $160 million, have a lot of interchange with Bob of years. But Cousin Jeff was known as will be distributed to an estimated 6,000 eli- Dole when he was the leader, but I have being a really tough guy. gible Shoshones. They and their descendents had a lot lately. He calls me to talk So Larry said: Here’s the deal. will be eligible for benefits from a $1.5 mil- about some issues he is working on Cousin Jeff looked them over and lion educational trust fund. now. One of the most moving times of went over to the biggest one, grabbed Washoe Tribe: Additional Land for Resi- my life was when Dan Inouye was lying his nose, twisted it as hard as he could. dential and Commercial Development. As He said: Do you guys want any part of part of the Omnibus Public Land Act of 2009, in State in the Rotunda. Bob Dole Senator Reid passed a measure to address called me and asked if I would go over me or my cousin Larry? the Washoe Tribe’s need for more land for there with him, and I said of course I They said no. They left. residential and commercial development. would. He was in a wheelchair and The reason I mention that—the rea- Under the bill, about 300 acres of Forest somebody pushed him over there, and son I say DURBIN is my Cousin Jeff—I Service and BLM land near the Carson and he said stop. There was a little alcove was in my office watching the floor, Stewart Colonies will be conveyed to the and MCCONNELL was up there. I was so there, and Bob Dole, as hard as it was Washoe Tribe, with nearly half of those acres damn mad. He was talking about stuff. for him, walked over to the crypt available for development. I was mad. I called my office: Why where Danny was and he climbed up on Ely Shoshone Tribe Land Transfer—Sen- don’t we have somebody out there say- ator Reid, working with his Nevada col- the bier and said, ‘‘Danny, I love you.’’ leagues in Congress passed the White Pine ing something? If that doesn’t bring a tear to your eye, They said: Senator, that was re- County Lands Bill as part of a braid tax nothing will. I will always remember package in 2006. The bill transferred 3,526 corded earlier today. We are out of ses- that. sion. acres to the Ely Shoshone Tribe for tradi- Trent Lott was a really good leader. tional, ceremonial, commercial and residen- So DURBIN has been my man, my tial purposes. He was extremely conservative but ex- Cousin Jeff. Whenever I have a prob- Las Vegas Paiute Tribe Land—In 1983, Sen- tremely pragmatic. We got lots of stuff lem, I call DICK DURBIN, and he can ator Reid (then in the US House of Rep- done. I was Senator Daschle’s point come. DICK DURBIN can talk about any- resentatives) passed a measure—which was person to get legislation out of this thing, and it sounds good. OK. signed into law by President Reagan—to de- body, and we did some really good clare 3850 acres of land held in trust by the CHUCK SCHUMER. My kids said: Make things. sure you tell everybody about how federal government would thereby be ‘‘de- Tom Daschle always gave me lots of clared to be part of the Las Vegas Paiute smart you think he is. OK. I am going Reservation.’’ room to do things. I can remember one to do it. One day I said to SCHUMER—we ENSURING EQUALITY FOR NEVADANS occasion when I was the whip, I have known each other for a long time. ‘Don’t Ask, Don’t Tell’—As Majority lead- thought he had been too generous with But I said: How the hell did you ever er, Senator Reid led passage of the repeal of one of the other Senators and I com- get into Harvard? ‘Don’t Ask, Don’t Tell.’ plained. He said: Look, you are going He said: It helped that I got a perfect Mr. REID. I am winding down, every- to make this whip job whatever you SAT and a perfect LSAT. body. I know you are glad, but it has want it to be. I took him at his word, That is true. He did. He is a brilliant been 34 years. I served with 281 dif- and I did. I never left the floor. When man. He has a big heart. He works ex- ferent Senators during the time I have the Senate opened, I was here, and tremely hard. He has been so good to been here. I have such fond memories when it was closed, I was here. me. We have worked together. He took of so many. There was the hilarious Bill Frist is a fine human being. I a job he did not want, the chair of the and confident Fritz Hollings. I have really cared for him a lot. He wasn’t an DSCC twice, but it worked out great. never known a better joke teller than experienced legislator, but that is OK. We were able to get the majority. So I Frank Lautenberg. I asked him to tell He is an experienced human being, and will always have great affection for the same story so many times, I could I liked him a lot. I already talked him, and I wish him well in being my have told it. He had one about two about MITCH. replacement. I am confident he will do wrestlers, but I am not going to repeat Diversity. We don’t have enough di- a good job. He will not be me, but he it. He was very, very funny. I am not versity in the Senate, but I do take will go a good job. going to go through the whole Ted credit for creating a diversity office My staff. We checked yesterday—my Kennedy list and all of that, but I have here with Democrats. Senator SCHUMER staff did. It is hard to comprehend how had wonderful experiences with my has indicated he will continue that, many people I have had work for me Senate friends. and I am very happy he will do that. I over 34 years—almost 3,000, everybody. When I came here as a Democratic repeat, we don’t have enough diversity. I feel so strongly about my staff. They Senator, there was only one woman, I want to tell everyone here I am are my family. I really, really do be- BARBARA MIKULSKI, and that was it. I grateful to all of my Democratic Sen- lieve that. I feel they are my family. am very happy now that we have 17 ators. They have been so good to me Chiefs of staff—I haven’t had that Democratic women, and we have four during my time as leader, but I have to many, surprisingly, over 34 years. Republican women. I want to make the mention DICK DURBIN. He and I came Claude Zobell, Ray Martinez, Susan record very clear that the Senate is a here together 34 years ago. He has been McCue, Gary Myrick, David Krone, better place because of women being so supportive of me. He has been my Drew Willison, and, of course, Dave here. There is no question about that, ‘‘Cousin Jeff.’’ Can I tell the story? McCallum, who has done so much to for many different reasons, but they Here I go. make sure I did not overspin things, have added so much to the Senate. The My brother still lives in Searchlight, and my utility man, Bill Dauster. He only problem we have now is that there and he is an interesting man. He had a can catch, pitch, play any position on aren’t enough of them, but we did our girlfriend there who was married and the field. He has been great for me. I best this go-round. We have four new brought her home one night. appreciate Bill’s work very much. Democratic Senators. Her husband or boyfriend, whatever Thank you, Adelle, because I would Leaders. I have already talked about it was, jumped out of the tree on my be so embarrassed if I did not say Senator MCCONNELL. It has been my brother’s back, and they had a fight. something about PATTY MURRAY. She good fortune to have served with such My brother won. So a couple of weeks has been part of this little leadership good leaders like Robert Byrd. I don’t later, he is at the 49er Club, a bar, a lit- team I have had. We have never had know if it is true. I accept it because tle place in Searchlight. He is having a anything like this before in the Senate. that is what I want to believe, but a beer, whatever he drinks. The leaders prior to me did it all on number of people told me I was his pet. He looks around, and he sees the guy their own. But I have had these three As I said, I don’t know if I was or not, he beat up, but the guy has a couple of wonderful human beings helping me for but he sure was good to me. people with him. He knew why they all these years.

VerDate Sep 11 2014 03:12 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.007 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6861 We meet every Monday night and get the huge amount of money currently in it has never been more important to be set up for the caucus on Tuesday, lead- Federal elections and excessive par- able to distinguish between what is ership meetings on Tuesday. So, tisanship. The cracks are that the real and what is fake. We have law- PATTY, you and Rob, I just care so American people don’t like it. They makers pushing for tax cuts for billion- much about. I want you to know how I don’t like this money. They don’t like aires and calling it populism. We have appreciate your loyalty, your hard the partisanship. So there are cracks— media outlets pushing conspiracy theo- work. You have taken some jobs that cracks, I repeat—because the American ries disguised as news. you did not want to take: a budget job, people are complaining big time about Separating real from fake has never that super—whatever the hell it was excessive use of money and objecting been more important. I have met him, called. That was awful. I don’t know to the partisanship. That is the crack. but I wish I could sit down and talk to how long she is going to live, but that That is how the light is going to get in. him sometime because I so admire took a few years off her life. You and That is how America has an oppor- Pope Francis. Here is what he said yes- Rob have been great. Loretta is my tunity to become a better place, where terday: The media that focuses on friend. Iris I love. So thank you very money will not control our political scandals and spreads fake news to much, you guys. system over partisanship. smear politicians risks becoming like I have told everyone on my staff, So just a little bit of advice to my people who have a morbid fascination with rare exception: You represent me. colleagues: It has worked OK for me. It with excrement. If you are on the phone, when you an- does not matter if I am in Elko, really That is what Pope Francis said. He swer that phone, you are representing a conservative place in Nevada, 400 added that using communications for me. You are as if you are HARRY REID miles from Las Vegas. If a question is this rather than to educate the public on the phone. I say the same to those asked of me in Elko, I give the same amounted to a sin. who speak, write, and advocate for me. answer there as I give in Las Vegas. We Well, he can categorize sin; I can’t. They represent me. They have done so should all do that. But I agree with him on what he said. well. They have helped me in good People in Nevada have never had to I acknowledge the importance of the times and bad times. weigh how I stand on an issue. I tell press. I admire what you do and under- What is the future of the Senate? I them how I feel. That is why I have stand the challenges ahead of you. But hope that everyone will do everything never had any big-bang elections. Peo- be vigilant, because you have as much they can to protect the Senate as an ple at least know how I stand. People to do with our democracy as any institution. As part of our Constitu- don’t necessarily like how I vote, what branch of government. This is best un- derstood by listening to what George tion, it should be given the dignity it I talk about, but at least they know Orwell had to say a long time ago: deserves. I love the Senate. I don’t need how I feel. I think that is good advice ‘‘Freedom of the press, if it means any- to dwell on that. I love the Senate. I for everybody. At least that has thing at all, means the freedom to care about it so very, very much. I worked well for me. have enjoyed Congress for 34 years. As What is your formula for success? criticize and oppose.’’ So, press, criticize and oppose. Please the leader of the Senate, I have had What do you recommend? I tell them such joy and times of awe. Wow. What do that. the same thing about working hard. Of This really is the end of my speech. I are we going to do now? course that is important. Of course it That is what these jobs are like. have five children: Lana, Rory, Leif, is important, but also stay true to who They are so exhilarating, until, oh, Josh, and Key. They have been role you are—your roots. man, something happens, and I think models for me and for Landra. They Now my social life. My time in Wash- all of you have done as I have just said: were role models. We learned from ington has been different than that of Wow. What are we going to do now? them when we were young, and we are The Senate has changed, some for the many. I am not saying it is better, but still learning from them. We appreciate good, some for the bad. I want to say it has been different. Every year there the exemplary lives they have lived. I this, though. It is not the same as when are galas: White House Correspondents’ am confident, hopeful, and determined I first came here. There is change in Dinner, the Gridiron Club Dinner, to make sure that they understand how everything. The biggest change has Radio and Correspondents’ Dinner, Al- much affection and admiration I have been the use of the filibuster. I do hope falfa Club. So during my 34 years in for each of them, for their wonderful my colleagues are able to temper their Congress, I had approximately 135 to spouses, and our 19 grandchildren. use of the filibuster; otherwise it will 136 of these. I have attended one of OK. Here goes. Whatever success I be gone. It will be gone first on nomi- them. For me, that was enough. had in my educational life, my life as a nations, then it will be gone on legisla- I have attended one Congressional lawyer, and my life as a politician, in- tion. This is something that you have picnic in 34 years. That was because cluding my time in Congress, is di- to work on together because if you con- my son Key had a girlfriend named rectly attributable to my Landra, my tinue to use it the way it has been used Maile and he wanted to impress her. I wife. We met when Landra was a sopho- recently, it is really going to affect guess he did because they are married. more in high school and I was a junior. this institution a lot. But one was enough for me. That was more than six decades ago. Something has to be done about the I have attended one State dinner. We married at the age of 19. As I have outrageous amount of money from That is because I had a son who spent said, we have five children, and we sources that are dark, unknown, and 2 years in Argentina. I wanted him to have 19 wonderful grandchildren. now involved in our Federal elections. meet the President of Argentina. I did She has been the being of my exist- The Citizens United case in January that for my son Rory. But one was ence in my personal life and my public 2010—if this does not change and if we enough. I have not been to another one. life. Disraeli, the great prime minister don’t do something about this vast I have never been to a White House said in 1837—listen to what he said: money coming into our elections, in a Congressional Ball. That is going to be ‘‘The magic of first love is that it never couple of more election cycles, we are held tonight. I guess I am inquisitive of ends.’’ I believe that. She is my first going to be just like Russia. We are how it would be, but I don’t want to go. love. It will never end. Landra and I going to have a plutocracy—a few rich I have seen one World Series. That have talked. We understand we are guys telling our leader what to do. was enough. I have been to one Super going to have a different life. We have Leonard Cohen, who recently died, Bowl. That was plenty. I have flown said and we believe that we are not was one of America’s great music once in an F–18. That was enough. Over going to dwell on the past. We will be geniuses. He recently died, as I said. In the years, I have gone to hundreds of involved in the past any way we need one of his songs called ‘‘Anthem,’’ he fundraisers for my friends and col- to be, but we are going to look to the says it all: leagues, but everyone has to acknowl- future. There is a crack in everything (there is a edge, I can get in and out of those pret- I wish everyone the best. I am sorry crack in everything) ty quick. I have talked so long. I usually don’t That’s how the light gets in Let me talk about the press a little do that. I thank everyone for listening That is what he said. I believe there bit and their responsibility, as I see it. to my speech. I appreciate my wonder- are cracks in what is happening with We are entering a new gilded age, and ful family being here, my friends, my

VerDate Sep 11 2014 03:12 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.013 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6862 CONGRESSIONAL RECORD — SENATE December 8, 2016 staff, and each of you. Thank you for dren, and grandchildren. That is some- We will not allow Nevada to turn your friendships over the years. thing we all respect and something I into America’s nuclear dump against (Applause, Senators rising.) wish to emulate. the will of its own people. The PRESIDING OFFICER (Mr. So what can I say? It is an end of an HARRY, you share the Nevada values ROUNDS). The Senator from Nevada. era for my home State of Nevada. such as faith in God, hard work, and Mr. HELLER. Mr. President, I will HARRY has devoted his entire adult life commitment to family. I know, be- yield for a couple more minutes for to one cause, the State of Nevada and cause you displayed these values at sentiments, and then I wish to say a serving it. home, at work, and at church. In fact, few words. Trust me, though we have had our actually, that is how we first met The PRESIDING OFFICER. Without differences when it came to our State, HARRY. It was during his tenure as objection, it is so ordered. I can attest to one thing; that is, there Lieutenant Governor when he spent f is no stronger partner to serve the peo- time in Carson City. Our families were able to meet each other and become RESERVATION OF LEADER TIME ple of Nevada than HARRY REID. It has been said victorious leaders friends. Eventually, I became very good The PRESIDING OFFICER. Under feel the alternative to winning is to- friends with his son Leif. HARRY, your the previous order, the leadership time tally unacceptable so they figure out dedication to family is extraordinary is reserved. what must be done to achieve victory, and it serves as a model to all of us. f and then they go after it with every- I would be remiss if I didn’t share a thing at their disposal. I believe that couple of my favorite HARRY REID sto- NATIONAL DEFENSE AUTHORIZA- ries. There are a lot of them. There are describes HARRY REID in a nutshell. TION ACT FOR FISCAL YEAR a few I cannot share, there are a few I Another measure of success, some- 2017—CONFERENCE REPORT can so I will share with you the ones I thing HARRY and I have found amusing The PRESIDING OFFICER. Under in the past, is being blamed for all can. the previous order, the Senate will re- Before serving in the Senate, I was things—all that is good, all that is bad, sume consideration of the conference elected to the House of Representatives and all that is ugly. Let me assure you, report to accompany S. 2943, which the in 2007, until my appointment to the HARRY has been blamed for a lot, some clerk will report. Senate in 2011. Late one evening, I was fairly and some unfairly. The legislative clerk read as follows: sitting in my office with my chief of Senator REID has served in every staff, Mac Abrams, discussing a few Conference report to accompany S. 2943, a level of government, from city attor- bill to authorize appropriations for fiscal last-minute details before leaving for year 2017 for military activities of the De- ney, the State assembly, Lieutenant the day. It must have been near the partment of Defense, for military construc- Governor, U.S. Congressman, and Sen- end of the week because staffers in the tion, and for defense activities of the Depart- ator. As a Senator, he is one of only House offices were milling around the ment of Energy, to prescribe military per- three to serve at least 8 years as major- hall celebrating a birthday party, en- sonnel strengths for such fiscal year, and for ity leader. Even in retirement, due to other purposes. joying each other’s company, playing his far-reaching influence in just about loud music, and taking a few moments The PRESIDING OFFICER. The Sen- every facet of State, local, and Federal to relax. I was having a hard time ator from Nevada. Government, I totally expect he will keeping the noise from the halls out of TRIBUTES TO HARRY REID operate as Nevada’s third Senator. my office because of the thin walls. All Mr. HELLER. Mr. President, I stand After 26 elections, HARRY knows a of a sudden, it was if it all stopped im- in front of you to commemorate the thing or two about representing his mediately. A quiet hush came over the long life and service of a fellow Ne- constituency. He is one of the sharpest crowd. It became so quiet, to the point vadan who has given his all to serve tactical minds ever to enter the polit- I could hear a small echoing—tap, tap, our State and this country. ical arena. Having worked together tap. The taps were magnified. The hall- It has been said it is better to be over the years, my hope is that we way, which was previously full of life, feared than loved if you cannot be have sent a message, not only to all just immediately died. I began to walk both. My colleagues in the Senate and Nevadans but to everyone across this toward the hall to see what it was. I those in the Gallery probably agree country, that two people who you can could tell the tapping noise was the with me, no individual in politics em- tell differ on many opinions can work sound of footsteps. As they grew louder bodies that sentiment today more than well together, get things done for their and closer, I barely heard a peep in my colleague from Nevada, HARRY constituents when both are willing. that hallway. Sure enough, the next MASON REID. That is why it is fitting this week sound I heard was the doorknob to my Today I am on the floor to pay re- that the Lake Tahoe Restoration Act office turning, and in walks HARRY: spect to Senate Minority Leader will pass the Senate and will be sent to ‘‘Hi, Dean. Do you have a few min- HARRY REID, after 30 years of service in the President’s desk to be signed into utes?’’ To me, that story illustrates this Chamber, in addition to the years law. After fighting for years to refocus how much presence HARRY has and the of public service before entering into Federal policy on the 21st century respect he commands no matter where the Senate. threats to the lake, we teamed up to he is. He quieted an entire hallway full I know HARRY is notorious for his ensure important work that preserves of lively staffers by just passing short conversations—minus today—for the ‘‘Jewel of the Sierra’’ for future through and walking down that hall- hanging up the phone before our con- generations and that it will advance. way. versations end, and sometimes even One of HARRY’s lasting legacies will The second story occurred more re- midsentence, so I will try to keep my be that he and I worked to improve cently. We were in HARRY’s office on a comments respectfully short. water clarity, reduce wildfire threats, January morning soon after I was Before I truly get into the speech, I jump-start transportation and infra- elected to my first full term. During must first recognize HARRY’s family. structure projects, and combat that campaign, HARRY and his special As a public official, very often it is invasive species at Lake Tahoe. Be- friends gave me 12 million reasons why time with your family that is most cause of this work, Lake Tahoe has I shouldn’t be standing there in his of- often sacrificed the most, and it is very once again been made a national pri- fice that day, but, hey, this is the Sen- true, as stated by a leader in our ority. ate and collegiality reigns supreme so I shared faith when he said, ‘‘Nothing Another policy initiative that we was at that breakfast because our con- compensates for failure in the home.’’ worked together on was the fight stituents were there. HARRY has been keenly aware of this against Yucca Mountain. HARRY, rest HARRY and I have known each other fact and he shows his adoration. He has assured, I will continue to fight Yucca. for many years, and he made it a point shown it for his wife Landra and his My mantra is borrowed from one of to tell those in attendance how close five children: Lana, Rory, Leif, Josh, your late friends, the late Senator Ted we were. We were having a good break- and Key. He has made sure to keep a Kennedy, when he said: ‘‘The work goes fast. He gets up to tell everyone how very close bond with his wife, his chil- on, the cause endures. . . . ‘’ long he had known me, some of my

VerDate Sep 11 2014 07:43 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.014 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6863 background—but he kept highlighting resenting them effectively. When my own classmates because I have how close we were. HARRY makes a commitment, he keeps heard these stories so many times. It is So after his short speech—a little it. I knew at that moment and I have part of who he is, and it is part of his shorter than today—HARRY looks at known it ever since. value system. It explains some impor- me, offers for me to say a few of my Four years later, he was in the Sen- tant decisions in his life. own words. So I just got up in the front ate, I was still in the House, but the When he talks about the Affordable of the room and made sure that every- day came when I finally got elected to Care Act, we understand that he still body knew I could attest that at least the Senate and joined HARRY REID. remembers that his mother needed den- one Reid voted for me—HARRY’s son I know we had a good friendship to tures, and he saved up money to buy Leif. The look on HARRY’s face was start because we came to the House to- his mother a set of teeth. He thought priceless. Seeing HARRY process the gether, but I remember the day and I about the fact that there was no med- fact that there was a Reid who voted remember the moment when that ical care for his family when they need- for me is a memory seared in my brain friendship became something special. ed it the most. He thought about the forever. It was right there in the well of the depression that took his father’s life For me, this speech is not a goodbye Senate. and how that might have been averted because I know we will be seeing you The most important bill in HARRY’s with the right medical care. That is back home in our great State. HARRY, political career was up for a vote. It what has inspired him to public life. people, like me, may disagree with you was on Yucca Mountain. The one thing that has inspired him at times, but we will always respect He came before the rollcall was being the most is Landra. Over and over, I have heard these stories about this you for three things: your devotion to announced and he said: How are you courtship. Now, by most standards, your family, your service to our State going to vote? getting married when you are 19 is not and Nation, and your commitment to I said: Well, HARRY, I have kind of recommended but, clearly, in this case, fighting for what you believe in. mixed feelings on this. it worked out beautifully. When he This Chamber has been blessed with He said: Stop. I need you. I think I tells the story of how he finally got some of the greatest men and women have enough votes, but I may need you. Landra to marry him, it appears there who have ever served our Republic. So can you promise that if I need your was a little bit of tension between Today I recognize and rise to recognize vote you will be there? Landra’s family and this young HARRY your place among these figures and I said: Well, all right. REID, to the point where Landra’s dad hope your career will give inspiration But he said: But I don’t think I will basically said to him: Stay away; I to a young child from Carson City or need your vote. You know what happened next. They don’t want you dating my daughter. Searchlight or anywhere else in Nevada Well, they had words and other things, to follow in your footsteps. called the roll, and at the very end, one and HARRY insisted. He dated Landra, Again, congratulations on your ca- of the Democratic Senators he counted and they were married. The interesting reer. We, the people of Nevada, thank on voted the other way. He turned to thing about that is that despite that me and said: Well? you for your service. Lynne and I wish tension with her father in those early you and Landra all the best in the I said: I am giving you my word. years, HARRY wears a ring that her fa- And I voted with HARRY REID on years ahead—and as your new senior ther used to wear, and he carries it Senator, I hope I can count on your Yucca Mountain. That was the moment when our around with pride in memory of her fa- vote. ther and her family. He manages to friendship became solid. In this busi- I yield the floor. keep those memories as part of his life ness, your word is your bond. When you The PRESIDING OFFICER (Mr. and his inspiration. RUBIO). The assistant Democratic lead- promise somebody you are going to Another thing my colleagues may or stick with them come heck or high er. may not know is that HARRY is a vora- Mr. DURBIN. Mr. President, I wish to water, that is when it is tested. cious reader. He reads books con- say a few words about HARRY REID, our Our friendship grew from that point. stantly. Even after he lost the sight in departing, retiring, Democratic leader. I didn’t know the time would come, but his right eye, he has continued to read. It is appropriate he is not on the floor it did, amazingly, when Tom Daschle I love to read as well. It has been one because it is painful for him to sit and lost in the Senate race in South Da- of my real joys in life, exchanging kota. The next day, I got a call from hear anybody say anything nice about books with HARRY. He reads everything him. I am sure he is going to be happy HARRY REID. He said: I hope you will under the sun. One time he told me he not hearing these words, but I want the consider running for whip. You ought was reading the Koran cover to cover. rest of the folks following the pro- to call every Member of the caucus, I thought: Man, that is something I am ceedings in the Senate to hear them. and I did. not sure I could even do. He has this I was first elected to the House of I quickly learned that many of them curiosity, this interest in learning. Representatives the same year as had called him and said: Whom do you Even at this point in his life, as he HARRY, 1982. A friend of mine, who is want to be your whip? And he said: nears the end of his public career, he an attorney in Chicago named Ed Well, I think DURBIN would be a good wants to continue to learn about peo- Joyce, said: Be sure and look up this choice. ple and history and important things. HARRY REID from Nevada because he is That is why I am sitting here today. I look back on experiences we have a great fellow and a great lawyer. So I Twelve years later, I am still serving had together. It was 9/11 when HARRY did. We came in with a large class of as HARRY REID’s whip and still count- and I were in a room just a few feet over 50 Members. I went up to HARRY ing the votes on key issues, and during away from here when there was an at- and said: Hi. I am DICK DURBIN from Il- those 12 years, I probably spent more tack in New York, and in Virginia, and linois. We have a mutual friend in Chi- time talking to HARRY REID, my col- we thought the Capitol would be the cago. league in the Senate, than to any other next target. We had to race out of this He said: Well, great. I am looking for- Member of this body. It is a close, per- building and stand outside, not know- ward to working with you. sonal friendship and relationship, and ing which way to turn as we were I said: So are you headed up to Har- we have gone through a lot together. afraid that we were the next target vard for the orientation? I will see you I listened to his stories. He told some here at the U.S. Capitol. Those were up there. of them today. He returns to his youth, moments we spent together that I He said: No, I am headed to Kansas growing up in Searchlight, which we won’t forget. City. We have settlement conference in heard about today in just wonderful de- I remember as well that he was one a personal injury lawsuit that I tail, but he also returns to all of those of the first to say to my junior Senator couldn’t miss. friendships that were made during from Illinois, Barack Obama, that he And I thought to myself, this is some those years with people he grew up should seriously consider running for lawyer. Up to the bitter end of his legal with in Searchlight and in Henderson, President. President Obama the other career, he was still devoted to the where he went to school. I have come night said that was one of the most im- cause of representing clients and rep- to know these people as if they were portant pieces of advice he received in

VerDate Sep 11 2014 07:46 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.016 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6864 CONGRESSIONAL RECORD — SENATE December 8, 2016 making his decision to be a candidate him of the people he had grown up the 1970s, HARRY wore a wire for the for President of the United States. It is with—real people who had nothing but FBI to catch a bribery attempt. The an indication of HARRY’s credibility— hard work as their life. Like many of tape that was transcribed from that how much people trust him, and how the cases HARRY decided to take, his wire ends with HARRY jumping out of when he gives his word, you know he is colleagues said: What are you doing his seat and shouting: You SOB, you going to be there. wasting your time on this case? Spend tried to bribe me. HARRY couldn’t tol- When President Obama was elected, your time on worthwhile cases. But erate that somebody thought he could he needed a person—more than one, but every step of the way, despite the ridi- be bought. he certainly needed a leader in the Sen- cule, HARRY decided to stand up for In an effort to retaliate, the mob was ate whom he could count on. He this cocktail waitress. HARRY was de- mad at HARRY, and they planted a couldn’t have had a better ally than termined to keep at it and to make bomb in his family car. Thank good- HARRY REID. When I look back on the sure that she had a strong voice in ness, a watchful Landra spotted it and battles over the last 8 years that were court. Ultimately, Joyce won her case, told HARRY: Don’t start the car. They waged on behalf of America and and HARRY REID ended up with a vic- are alive today because of Landra’s vig- HARRY’s leadership role with the Presi- tory that he still counted many years ilance, but they suffered that indignity dent, there wasn’t another person in later as one of his great successes as a because of their courage in standing up this Chamber who could really take as lawyer. for ethics and integrity. Today, when much credit. He would be the last per- He also made sure the store that we hear people talking about how son in the world to do so. brought the charges against her had to rough politics can be, it certainly When it came to the stimulus pack- follow the law in the future. So he doesn’t lead to a bomb, in most cir- age to turn this economy around, it didn’t just help Joyce, he helped a lot cumstances. In this case, HARRY proved was HARRY REID counting the votes. It of other people as well. then and today that he is up to that was HARRY REID working every single For HARRY, this is what the law was kind of a challenge. day the holding hands of those Mem- all about as a lawyer and what it was Let me conclude with this. In bers of the Senate who weren’t quite all about as a Senator—making life HARRY’s childhood home in Search- sure they could be there when he need- better for people and families across light, there were words embroidered on ed them. the United States. a pillowcase that his mom hung on the It was HARRY REID who was counting He has fought for so many important wall. As we have heard, it was a simple up to 60 votes to pass the Affordable causes, and there is one that I want to and barren little shack that they lived Care Act. It took every single Demo- give special thanks for. It was his com- in, but this pillowcase had the fol- crat. Not a single Republican would mitment to the DREAM Act. I intro- lowing words: ‘‘We can, we will, we join us in that effort. And HARRY REID duced this legislation 16 years ago must,’’ Franklin Delano Roosevelt. had to do it. What was he up against? when I discovered a young woman in HARRY never forgot those words. He was up against Ted Kennedy, who Chicago, undocumented, who sadly They are engrained in his spirit. I want sadly was giving his life up to cancer at couldn’t go on with her life and go to to thank him for what he has done for that moment and fighting to stay alive college because of her legal status. I in- the Senate, for the State of Nevada, for until he could vote for that important troduced the DREAM Act to say those me, and for his decades of service to bill. It was HARRY REID working with young people brought to the United the United States. I want to thank other Members of the Senate who States as kids deserve a second chance. Landra and their five kids and their would get cold feet on the issue and HARRY REID heard my speeches and wonderful family for sharing her hus- had to be brought back in. He did it then met his own DREAMer in Nevada: band and their father with us for all of time and again, day after day after Astrid Silva, a DREAMer who would these years. day. In the end, 20 million Americans often write to HARRY with updates on HARRY is leaving the Senate, but I have health insurance because of her life. On December 8, 2010, HARRY am sure he is not going to quit. He is HARRY REID’s determination that what REID kept his promise to me and a going to be fighting for Nevada to the he went through as a kid growing up in promise to Astrid and to other end, and he will be fighting for the Searchlight would not be repeated for DREAMers by allowing the DREAM causes he believes in. He will continue families across the United States. Act to be brought to the floor for a to be a fearless advocate. I wish him When it came to Wall Street reform vote. The Senate Gallery was filled and his family all the best. and the Frank and Dodd bill that with DREAMers wearing their gradua- I yield the floor. passed through the Senate, HARRY tion gowns and caps to remind people Mrs. BOXER. Mr. President, Senator stuck with it and made sure we passed they were students who wanted to use HARRY REID and I were both elected to it, hoping to avoid the kind of reces- their education and talents for the fu- the House in 1982, and over the last 34 sion we have been through and the ture of America. Fifty-five Senators years, HARRY has become more than a damage that was done to businesses voted for the DREAM Act that day. colleague to me. He is like family. and families and individuals all across HARRY had given us our chance. But it I call him the ‘‘brother I never had,’’ the United States. wasn’t enough to pass because we need- and he calls me the ‘‘sister he never I knew he was a fighter because I ed 60 votes under the Senate rules. had.’’ knew his record when it came to being HARRY REID joined me and 22 other Only a brother can hang up on you a lawyer. There are so many stories Senators in sending a letter to the like HARRY does. about his clients that I have heard over President of the United States asking And because a sister’s job is to em- and over. I feel like they were my cli- that he do everything he can to protect barrass her brother, I want to talk ents because I have heard those stories these DREAMers, and he did, with an today about HARRY’s incredible, ex- so often. Executive order known as DACA. To traordinary career and how much he One of the things I remember and date, 744,000 of these young people have means to me. read about in his book I want to share been protected with President Obama’s HARRY, his wife, Landra, my hus- with you. There was a woman named Executive order, because HARRY REID band, Stewart, and I have all grown to Joyce Martinez who was working in believed, as I believe, that these young be dear friends and enjoy quiet dinners Las Vegas, and the police came in to people deserve the chance. together. Stew and I even invited them the casino where she was working and Let me tell my colleagues one last to stay with us in our California desert arrested her for writing bad checks at story that I think really defines home once—where I cooked, much to the local grocery store. Joyce tried HARRY—his courage, as well as HARRY’s disbelief. going to several lawyers and kept in- Landra’s courage. It goes back to his Theirs is a truly beautiful love story. sisting they were wrong. She had never days as chairman of the Nevada Gam- They met in high school and have been done anything like that, but none of ing Commission. Being a Mormon, not together ever since. these lawyers would take the case. gambling, not drinking, he was the per- There was one incident early on that Then she met HARRY REID. HARRY be- fect choice for gaming commissioner. could have derailed them. When HARRY lieved her. HARRY said she reminded It was hard to consider bribing him. In went to pick Landra up for a date, her

VerDate Sep 11 2014 07:46 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.017 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6865 father, a Jewish immigrant, was op- One December night in 2009, I got a At his core, that is who HARRY REID posed to his daughter dating a man call from HARRY and Senator CHUCK is: When he believes something to be with no religion. SCHUMER. They were trying to nego- right, he doesn’t think twice about But that wasn’t going to stop HARRY. tiate the final issue on the Affordable putting the gloves on, hopping in the He actually got into a fistfight with his Care Act, and this was our last chance ring and fighting for what he believes future father-in-law and punched him to get the bill passed. in. He just does it. in the face. We needed every single Democrat in For this, and for so many other rea- As HARRY simply said, ‘‘It wasn’t the order to end the Republican filibuster, sons, HARRY has made the Democratic greatest beginning.’’ but we had reached a stumbling block: Party better. He has made Nevada bet- But love always prevails. HARRY and Senator Ben Nelson believed the Fed- ter. He has made our country better. Landra eloped during college, and eral subsidy in the ACA should not go And on a personal level, HARRY has Landra’s parents eventually came towards abortion. made me better. I will forever be grate- around to supporting them. If he voted against the bill, ful for his leadership, his mentorship, And throughout HARRY’s career— Obamacare would be gone. So HARRY and most of all, his friendship. throughout every campaign, every trusted Senator PATTY MURRAY and me In closing, I would like to read the election, every bump in the road— with the crucial responsibility of find- words I wrote about him. Landra has been by HARRY’s side, and ing a solution. Harry . . . thank you for the strength you he by hers. For 13 grueling hours, my team and I give to us. Though he has risen to the highest would come up with an idea, Senator Harry . . . thank you for the way you make levels of success, HARRY has never for- SCHUMER would run it over to Senator them cuss. gotten where he came from and has al- Nelson, and we would volley back and So you’re not a TV star, ways fought like hell for his State. He forth until we finally landed on a com- We just take you as you are. Harry, blue and true, was born in what he calls a ‘‘flyspeck promise. No one like you. on the map’’—Searchlight, NV in 1939, The bill was saved, and today, more Harry . . . working from the day until the a year before me. than 20 million Americans have health night. To say he grew up poor is an under- care—many for the first time ever— Harry . . . never turns away when there’s a statement. His childhood home had no thanks, in large part, to HARRY REID. fight. toilet or running water, and in order to He never gave up, and he trusted mem- Good thing there are no Senate duels! attend high school, he had to move in bers of his caucus to help get this bill— Harry, blue and true, with relatives 40 miles away. one of the most important health care No one like you. Nothing came easy for HARRY, but he bills in a generation—across the finish The PRESIDING OFFICER. The Sen- never let that deter him. In high line. ator from Iowa. school, he wanted to buy a car, so he HARRY has perfected the art of strat- DEPARTMENT OF DEFENSE AUDIT took a job at a bakery that required egy and negotiation. He knows when to Mr. GRASSLEY. Mr. President, I him to wake up at 4 a.m. during the compromise and when to stand up and come to the floor today to alert the week—3 a.m. on weekends. In his spare fight—especially when it comes to his new Trump administration to a prob- time, he took up boxing, which earned beloved Nevada. lem in the Defense Department. There him a college scholarship. He has accomplished far too many is a festering sore needing high-level His very humble beginnings taught things to mention, but I want to quick- attention. I am talking about what him the value of hard work. We have ly talk about a few issues. turns out to be a formidable barrier. It all heard HARRY tell the story of work- No one fought harder against the stands in the way of an important goal: ing six days a week as a U.S. Capitol plan to dump nuclear waste at Yucca auditing the books of the Department Police Officer while putting himself Mountain, which would have threat- of Defense. At times, this barrier through law school full-time at George ened the health and safety of Nevad- makes the goal seem unattainable. Washington University. For years, he ans. Since he was first elected to Con- The need for annual financial audits proudly displayed his badge here in his gress 34 years ago, HARRY fought pro- was originally established by the Chief D.C. office. Upon graduation from law posal after proposal until the plan was Financial Officers Act of 1990. By school, he returned to Nevada as an at- finally scrapped—almost entirely be- March of 1992, each agency was to torney specializing in what he called, cause of him. present a financial statement to an in- ‘‘the cases nobody would take’’ before He has been instrumental in the fight spector general for audit. Today, all starting his career in elected office: to protect and restore Lake Tahoe— have earned unqualified or clean opin- First, as the Henderson city attorney, which is shared between our two ions, except one, and guess what. The then as an assemblyman, Lieutenant States. HARRY created the Lake Tahoe Department of Defense is that one. It Governor, and chairman of the Nevada Summit and worked across party lines has the dubious distinction, out of all Gaming Commission, before winning to help keep Tahoe blue. of the Federal Government, of earning election to the House of Representa- He has protected more than three an unblemished string of failing opin- tives. million acres of wilderness, established ions known as disclaimers. After two terms in the House, HARRY Great Basin National Park, and has In the face of endless stumbling, Con- won a seat in the Senate, where he fought to protect our landmark envi- gress drew a new line in the sand. It is gained a reputation for integrity and ronmental laws. in section 1003 of the fiscal year 2010 fairness. He was elected as our leader And when we were in the throes of National Defense Authorization Act. in 2004, and I believe he will go down in the worst economic crisis in a genera- The Pentagon was given an extra 7 history as one of the best. tion, HARRY fought tooth and nail to years to clean up the books and get HARRY is a workhorse, not a show stop the hemorrhaging of jobs and help ready. Guess what. The slipping and horse. Americans keep their homes—espe- sliding never stopped. The revised Sep- He is soft-spoken and a wonderful lis- cially in Nevada, which was one of the tember 2017 deadline is staring us in tener, but is not afraid to speak up. hardest hit States. the face, and all the evidence tells us He doesn’t seek the spotlight—in HARRY worked tirelessly to shepherd the Department will never make it. fact, he often avoids it at all costs—but the Recovery Act through Congress—a The 25-year effort to audit the books he also knows how to use it to fight for monumental task in our political envi- is stuck in the mud. those without a voice. ronment. At every turn, the right wing Billions of dollars have been spent And, he takes the time to know every threw everything they had at us, but trying to solve the root cause of the member of his caucus—what makes us HARRY took it all on the chin with his problem, and that root cause is a bro- tick, what our core issues are, and strength, stamina, and fortitude. ken accounting system. But the fix is where we each draw the line. He stepped up and helped us avoid nowhere in sight. Until control at the I want to relate one particular story Armageddon, and I give a great deal of transaction level is achieved, auditing that truly exemplifies the leader credit to Senator REID and President the books is nothing more than a pipe- HARRY is. Obama for that. dream.

VerDate Sep 11 2014 03:12 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.008 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6866 CONGRESSIONAL RECORD — SENATE December 8, 2016 Under the fiscal year 2010 law, the Fi- January 2015 was when the report I I said to Bishop Komanic: Please give nancial Improvement and Auditing was referring to was first put out, but me one task that I can take on for you. Readiness Plan, called FIAR, is sup- it was just now made public. Recent He said: If there is one thing I need, posed to tell us whether the financial revelations about the $125 billion in it is to get my human rights office statements of the Defense Department ‘‘administrative waste,’’ which was al- head, Father Tomislava Matanovic— ‘‘are validated as ready for audit by legedly suppressed by senior defense of- who was recently captured by a very not later than September 30, 2017.’’ ficials, is living proof of bad decisions. notorious criminal, the police chief of The latest FIAR report hit the street If the time ever comes when the De- Prijedor, Bosnia, who was infamous for last month, but it does not answer the partment of Defense’s accounting sys- starting the first concentration camp key question: Is the Department of De- tem can generate reliable information, in Europe after 1945. It was called the fense ready for audit? I read it, and I then such mistakes could be avoided. Omarska Camp. The man who ran this don’t know for sure. It is a study in So I keep coming back to the same place was named Simo Drljaca. He fuzzy thinking. It is kind of like a rid- old questions: Why has faulty account- pushed 700 bodies down the shaft of this dle, and here is why. ing information been tolerated at the mine. In this work, he had probably True, the Department boldly declares Pentagon for all these years? How is it captured the priest I wanted, that it is audit-ready. But in the very that the Pentagon is able to develop Tomislava Matanovic. same breath, the Comptroller and Chief the most advanced weapons the world When I went back to the States, as a Financial Officer, Mr. Mike McCord, has ever known with relative ease and reservist, I ransacked the DOD data- takes a step backward. He warns that yet, for some strange reason, it seems bases. We found from intelligence re- earning a clean opinion is ‘‘many unable to acquire the tools it needs to ports that we suspected this police years’’ away. Being audit-ready should keep track of the money it spends? chief of Prijedor had been the kid- offer a reasonable prospect for success, Why is this national disgrace being tol- napper of Tomislava Matanovic. I went but something is really out of whack erated at the Pentagon? to the CIA and asked to meet with this here. There are never-ending bureaucratic man so I could urge him to give this So the ultimate objective of section explanations, but there don’t seem to priest back to me. When Simo Drljaca 1003 is a successful audit or clean opin- be any solutions. met with me, he gave me this memento ion. Mr. McCord’s words seem to turn With good leadership, this problem of Serbia. It has the markings of St. that objective upside down. How can can be solved. The man nominated to George slaying a dragon, with a date of the Department be audit-ready and be the next Secretary of Defense, Mr. 1994, and various Serbian markings. meet the deadline if it is still years James Mattis, strikes me as the kind After I learned so much about Simo away from a clean opinion? of person who will tackle this problem Drljaca, I asked the Clinton adminis- Mr. McCord’s message appears to be head-on and run it to the ground until tration to make sure they could indict downright confusing, contradictory, fixed. His record suggests he will not him for war crimes, crimes against hu- and possibly misleading. If he knows tolerate this kind of endless foot-drag- manity, to make sure we could eventu- the Department of Defense is years ging and inexcusable failure. Twenty- ally bring him down. away from a clean opinion, then he five years of lameduck excuses prob- When the Bosnian secret police must also know that it is not audit- ably won’t sit too well with this ma- brought him to me, he gave me this ready or even close to it. He has to rine general. Either he will whip the memento, which I have kept under my know that the accounting system is in- accounting system into shape or heads desk. He gave that to me hoping maybe capable of producing reliable informa- will roll. According to press reports, he would not get picked up. Luckily, tion that meets prescribed standards. ‘‘failure’’ is not a word that he knows the Clinton administration had decided That tells me the Department of De- or uses. to pick him up. They had a typically fense is not audit-ready yet, and he With a new sheriff in town, maybe obscure DOD acronym to cover the sta- knows it—like everyone else. the endless, helpless ‘‘woe is me’’ hand- tus of this kind of person. They called Before he steps down, Mr. McCord wringing at the Pentagon is about to them PIFWC, persons indicted for war owes us an explanation for the con- come to a screeching halt. A modern, crimes. fusing statements. And once the new fully integrated finance and accounting Eventually we got an operation to- Pentagon leadership is up to speed, I system might be more than just the gether to arrest Simo Drljaca, and the look forward to further clarification. dream it has been. British Special Air Service carried it I also hope this new team will ad- I yield the floor. out. When they waited for Simo, they dress the wisdom of doing full financial The PRESIDING OFFICER. The Sen- waited by a riverbank for him to do his statement audits when there is limited ator from Illinois. Sunday fishing with his son. control at the transaction level. By Mr. KIRK. Mr. President, I ask unan- An officer had painstakingly memo- proceeding with full-scale audits with- imous consent to be allowed to have a rized the Serbian’s arrest record and out it, Mr. McCord has put the cart in prop with me. indictment so he could read it to front of the horse. Spending hundreds The PRESIDING OFFICER. Without Drljaca in his British accent. When he of millions of dollars a year for audits objection, it is so ordered. started reading the indictment, Drljaca with a zero probability of success is FAREWELL TO THE SENATE reached down into his fishing tackle wasteful. Mr. KIRK. Mr. President, I rise here box and shot the British arresting offi- I would like to remind my colleagues in the Chamber to give my last speech cer. Luckily, the British officer did why a successful audit is so important. in the Senate. I want to describe some survive, was wearing body armor. When First and foremost, it would conform experiences I have had that are at the that shot rang out, the security team with constitutional requirements. It heart of my service in the Congress. across from the river put several would strengthen internal controls and As a staffer, I worked for the House rounds into Drljaca’s chest. He dropped facilitate the detection of fraud and International Relations Committee and dead right there at the beach. theft. But it is also important for more for Chairman Benjamin Gilman. He had After I heard about this, I was so practical reasons: It would help bring been asked by Cardinal John O’Connor proud to be part of this congressional about better, more informed decision- of New York to investigate the plight team and to still be an officer in the making. Management can’t make good of Catholics in northern Bosnia. From U.S. Navy. decisions with bad information. If ac- that assignment, I went to northern I will say that this institution, and counting information is inaccurate and Bosnia to meet with Bishop Komanic, the U.S. military that has given rise incomplete—as it is today at the De- who started out the meeting in a very from the appropriations we have given, partment of Defense—then manage- difficult fashion. is the greatest force for human dignity ment doesn’t know what anything He started by saying: Am I a human? that has ever been put forward. I was costs or how the money is being spent, Am I a human? Am I? so proud we brought this monster to and if they don’t have that information I said: Yes, you are. justice. The guy who put together the at their fingertips, how could they pos- He said: You foreign delegations al- first concentration camp in Europe had sibly make good decisions? ways don’t do anything for me. been stopped, and he could no longer

VerDate Sep 11 2014 03:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.019 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6867 hurt anyone. And this memento has nally killed the curse of the goat and sions in this bill. I am not yet satisfied been underneath my desk here in the all the curses that befell our profes- that sufficient consideration has been Senate ever since to remind me of the sional baseball team. given to how the caps on general offi- basic human values that we share so I would say take heart, Illinois. You cers affect the National Guard, where dear—that we have here. I would say are so inventive that you produce most leadership often alternates between the United States is now the greatest of the pumpkins in the country. When Army and Air Force officers. No one force for human dignity that we have we sit down to Thanksgiving pumpkin has accounted for why the vice chief of ever seen. To make sure those values pie, that is 80 percent Illinois. the National Guard Bureau is the only continue has been at the heart of my Mr. President, with that, I yield the Vice Chief to not have a grade estab- service here in the Senate and in the remainder of my time to the victor of lished by statute. And I remain con- Congress. the Illinois Senate race, Senator-Elect cerned that this bill removes the re- Let me conclude by thanking some TAMMY DUCKWORTH. quirement that the deputy commander critical people. Mr. LEAHY. Mr. President, it is be- of the U.S. Northern Command be I thank Congressman John Porter for coming too common a theme that the drawn from the ranks of the National hiring me back in 1984, when I started U.S. Senate, in the closing days of ses- Guard. It is our National Guard leaders my service here in the Congress; Chair- sion, rushes to consider a conferenced who are most capable of responding to man Ben Gilman of New York for put- defense authorization bill. Earlier this domestic disasters. ting me on that international com- year, we considered one of the largest Regrettably, this year’s defense au- mittee; the people of the 10th Congres- defense authorization bills in history, thorization bill also misses an oppor- sional District of Illinois who first sent and the Senate considered few amend- tunity to provide the Obama adminis- me to the House and the people of Illi- ments and was afforded a truncated de- tration with the flexibility it needs to nois who also sent me to represent bate period. Worse, the authorization finally close the detention facility at their State here; all the family and threatened to bust a carefully balanced Guantanamo Bay. Rather than putting friends who put me here: Karen Garber budget agreement, by misusing over- an end to this shameful chapter in our and Michael Morgan, especially Dodie seas contingency operations, OCO, Nation’s history, the bill maintains the McCracken, who was always at my funds for base spending. I opposed that status quo by extending the unneces- side—people who wanted to make sure bill. Now, in the closing hours of the sary prohibition on constructing facili- we had a person of thoughtful, inde- Congress, we are faced with a vote on a ties within the United States to house pendent values who could serve here in conferenced version of that bill. It is Guantanamo detainees and continues the Congress. far from perfect. the counterproductive ban on transfer- To conclude, I want to give a mes- However, like open government ring detainees to the United States for sage to the people of Illinois. For the groups across the spectrum, I am detention and trial. Closing the deten- people of Illinois, I would say: Take pleased to see that a dangerous provi- tion facility at Guantanamo is in our heart, Illinois, that you come from one sion concerning the Freedom of Infor- national security interest. It is the of the most industrious States in the mation Act, FOIA, that Senator right thing to do. I strongly oppose the Union, the fifth largest industrial GRASSLEY and I strongly opposed has needless barriers to doing that in this State. been removed from the final bill. This bill. Especially after the problems we had overbroad provision, which was part of In the end, I do believe this author- with Governor Blagojevich, we have the reason I opposed the Senate bill, ization bill more appropriately pro- been a little down in the dumps. could have categorically exempted a vides for the common defense. None- A lot of times, I will pull out my vast amount of Department of Defense theless, Members of Congress, on either iPhone and ask people in the State the information from public disclosure, in- side of the aisle, should not tolerate same question: Who invented the cluding potentially the Pentagon’s this perennially constrained debate iPhone, the cell phone? And the answer handling of sexual assault complaints, over the authorization of over half of is, Martin Cooper from Winnetka, IL. reports about defective equipment our Nation’s budget. Similarly, if Con- On the top of the iPhone is a trans- issued to soldiers in combat zones, and gress considers legislation next year mitter, and I remind us that the first documented health hazards faced by about the important question of civil- cell phone call in the world was made military families living on bases ian control of the military, it should from the 50 yard line of Soldier Field in abroad. Hiding such information from not do so under the abbreviated, re- Chicago. That trillion-dollar industry public scrutiny would directly under- stricted debate by which we will finally started right in the middle of our mine the transparency required to ad- approve the National Defense Author- State. That, we should always remem- dress threats to the safety and security ization Act for fiscal year 2017. ber. of our troops. As the chairman and It was my highest honor when Lots of times when I am giving this ranking member of the Judiciary Com- Vermonters voted to send me back to speech, I will say: If it weren’t for the mittee, the committee with jurisdic- the Senate this past November. In a people of Illinois, a lot of the people tion over FOIA matters, Senator time of uncertainty, they are looking you know would be missing teeth, be- GRASSLEY and I are glad that our con- for leaders. I am, too. I hope Senate cause we invented modern dentistry cerns were taken seriously and ad- leaders next year will insist on regular with GV Black in Jacksonville, and our dressed. Now that this provision has order and the deliberative process that houses would not be so clean, because been struck, our Nation’s premier has long been the hallmark of this we invented the vacuum cleaner. transparency law can continue its crit- body. People on the southwest side of Chi- ical mission of watching over the safe- Mr. CARDIN. Mr. President, today I cago say: KIRK, tell them that we in- ty of those who risk it all to keep us wish to discuss the passage of my legis- vented the zipper—which they did. safe. lation, the Global Magnitsky Human People in Peoria will say: Hey, re- I am also grateful for the vital sup- Rights Accountability Act, which was mind them that we invented the elec- port this bill provides to our military included in the fiscal year 2017 Na- tric blanket. And they did. personnel and their families and the tional Defense Authorization Act, From the electric blanket to the vac- augmentation of our preparedness to NDAA, conference report. I especially uum cleaner and the cell phone, the deter, or meet, future threats through want to thank Senator MCCAIN who people of Illinois have been so innova- a wise investment in technology and partnered with me on this legislation tive. people. As the world becomes less sta- and who has been a true champion in Now we have a unique time in his- ble, this bill includes a number of the Senate for human rights and the tory. I can safely say without con- measures to reaffirm our long-standing fight against corruption. I also thank tradiction here in the Senate that the commitments to our partners abroad Senator BOB CORKER, Senator JACK Chicago Cubs are now the World Series who work with us to make the world REED, Congressman ED ROYCE, and champions. As I have said so many safer. Congressman ELIOT ENGEL for their times, any professional baseball team Nonetheless, I still have concerns help getting this important bill over can have a bad century, but we have fi- with a number of ill-considered provi- the finish line.

VerDate Sep 11 2014 03:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.021 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6868 CONGRESSIONAL RECORD — SENATE December 8, 2016 Before I discuss the specifics of the I, again, thank my Senate colleagues House and the Senate together. My Global Magnitsky Human Rights Ac- for their support for this important bill first term in the House of Representa- countability Act, I want to discuss how and for joining me in standing up for tives was BARBARA’s last term in the we got here. In the 112th Congress, we all those who seek a more just world, House before she was elected to the passed the Sergei Magnitsky Rule of even though doing so often puts their Senate. She is an extraordinary, tena- Law Accountability Act. That act own lives in jeopardy. cious fighter—remarkably so. She has placed sanctions on Russian officials The PRESIDING OFFICER. The Sen- fought for women’s rights. She has responsible for the death of Sergei ator from Rhode Island. fought for the rights of families, for Magnitsky, a Russian lawyer who was TRIBUTES TO DEPARTING SENATORS people who needed economic assist- arrested after he uncovered massive Mr. REED. Mr. President, I want to ance, and for people who needed a corruption in Russia. In 2009, Sergei take an opportunity to salute and chance because she realized that the Magnitsky died after suffering tor- thank and commend my colleagues essence of America is opportunity—op- turous conditions in pretrial detention. who are departing. portunity for all, not just for those who Those responsible for his torture and MARK KIRK are privileged or who have the benefit death were not brought to justice in Mr. President, Senator KIRK, my col- of wealth or power but for all. She has Russia and some were even decorated league from Illinois, just finished his done this extraordinarily well. and promoted. remarks. A great deal of her energy was di- With enactment of the Magnitsky MARK and I had the opportunity and rected to environmental protection be- legislation in 2012, the United States the privilege to work on many things cause that is something that benefits sent an unambiguous warning to gross together. He is a Navy commander. He all of us and that is something that is violators of human rights in Russia never lets me forget that. He always really the biggest legacy we will give that we will not allow them to travel called me Major; I always called him to the next generation and the genera- to our shores and to use our financial Commander. He served the State of Il- tions that follow. No one has more system. The Magnitsky Act resulted in linois with great integrity, great en- fiercely defended the environment—not dozens of Russians implicated in his ergy, and great spirit, and we thank death from receiving travel visas and just for a narrow interest, not just for him for that very much. a temporary expedient but for the long- from benefiting from our financial sys- Thank you for your service to the tem—and represented an extraordinary term health and wealth of the Amer- Nation in the uniform of the United ican people. victory for human rights defenders in States Navy. DAN COATS Russia. We also have other colleagues depart- Mr. President, DAN COATS and I As we know all too well, however, ing: Senator AYOTTE from New Hamp- served together. This goes back to both human rights violations against dis- shire; Senator BOXER of California, his tenures in the Senate. DAN and I sidents, journalists, whistleblowers, Senator COATS of Indiana; as I men- served in the Armed Services and and rights advocates aren’t unique to tioned, Senator KIRK of Illinois; Sen- HELP Committees. He was a remark- Russia. That is why Senator MCCAIN ator MIKULSKI of Maryland; Senator able Member. He continues to be a re- and I introduced the Global Magnitsky REID of Nevada; and Senator VITTER of Human Rights Accountability Act, Louisiana. Each has brought passion in markable Member. He left us for a which gives the President the author- their work to best serve their constitu- while to serve as Ambassador to Ger- ity to deny human rights abusers and ents, and the institution of the Senate many. Once again—no surprise—he dis- those engaged in significant acts of and the Nation are better for this serv- tinguished himself with his thoughtful corruption entry into the United ice. I am better for knowing them, support of American policy, with his States and access to our financial in- working with them, and having the op- international approach to issues of stitutions. portunity to share with them, and I concern, and with the ability to bring Including significant acts of corrup- want to thank them for their service. people together, not just colleagues in tion as a sanctionable offense is an im- Let me mention a few words with re- the Senate but, also, international col- portant addition to this legislation. leagues. The correlation between corruption, spect to all of these distinguished Sen- ators. When he returned, I was very, very human rights abuses, and repressive grateful for his help. Senator DEAN KELLY AYOTTE governments is clear. Corruption desta- HELLER and I were working very hard Mr. President, KELLY AYOTTE and I bilizes democracies, weakens a coun- together on a bipartisan basis to help try’s rule of law and can stall a na- worked together for many years on the Armed Services Committee. What she unemployment insurance extension. tion’s development. And those who call DAN joined us in that effort, and I out these abuses are often threatened, brought was an unparalleled commit- ment to and passion for the men and thank him for that. It reflects the huge physically or psychologically abused, range of talent and interests that he or worse. women who wear the uniform of the United States. She wanted them to has and, also, his commitment to the As many of my colleagues know, the men and women of Indiana, particu- United States has long struggled with have a quality of life that reflects their service and their sacrifice. She wanted larly the working men and women of the best way to address human rights Indiana. violations and corruption around the them to have the training and the MARK KIRK globe. With passage of the Global equipment that would protect them as Magnitsky Human Rights Account- they engage our foes, and she wanted Mr. President, MARK KIRK I have ability Act, I believe we now have the to make sure they knew that we were mentioned. I had the privilege, the op- tools to hold accountable gross viola- always conscious of their sacrifice and portunity, and the pleasure of being tors of human rights and those who en- service. She did this in so many dif- able to salute him as he was here. gage in serious acts of corruption in a ferent ways, and she did it so well. Again, we always greet each other as way that bolsters both our national se- She was particularly committed to Major Reed and Commander Kirk, and curity and foreign policy goals. Bad ac- making sure that the A–10 aircraft re- I see deep symbolism and deep affec- tors from South Sudan to Venezuela mained in our inventory. As someone tion in regard to that exchange. I wish and Azerbaijan to Cambodia are on no- who as a younger person was an infan- him well as he goes forth. tice that they can no longer escape the try officer, I appreciated having seen in DAVID VITTER consequences of their actions, even training how effective that system is Mr. President, DAVID VITTER and I when their home country fails to act. to protect our forces on the ground, served together on the Armed Services But in my view, the most important and her efforts were unstinting to Committee, and we continue to serve message this legislation sends is that make sure that our forces were fully together on the Banking Committee. the United States stands in solidarity protected. Again, that is just one ex- As a senior member of the Environ- with all those who stand up against ample of her commitment. ment and Public Works Committee, he corruption and human rights viola- BARBARA BOXER has been very critical in ensuring that tions—and we do so through both words Mr. President, BARBARA BOXER and I we continue our commitment to infra- and actions. had the privilege to serve both in the structure. Infrastructure is a word now

VerDate Sep 11 2014 03:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.049 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6869 that is getting a lot of attention. Years I have always appreciated his coun- Both the Vice President and Val are ago, DAVID was interested in that, not sel, his guidance, and his support, quick to note the real credit goes to only interested but instrumental in which were important to my constitu- their parents—Catherine Jean making sure we did our best to keep up ents and important to all Americans. Finnegan Biden, his mom, and his late, with infrastructure so that we could We have worked on numerous pieces of great father, Joe Sr. The Vice Presi- have a productive America, so that legislation together to address the dent and I would often joke—and it is people could enjoy the benefits, and so housing crisis, to extend unemploy- not a joke; it is actually a truth: Al- that we could be competitive in a glob- ment insurance, to make college more ways aspire to be half as good as mom al economy. affordable, and to improve mental and dad. That is an Irish aspiration. He has done a great deal. One area health services, to name just a few. Joe has made it. I am still working on where we also shared an interest is his As he said today in his remarks, one it, but he is at least half as good as Home Owner Flood Insurance Afford- of his achievements is to be able to these extraordinary people. ability Act, which became law in 2014. give health care protection to millions If you have spent any time with the This was critical not just to Louisiana of Americans who didn’t have it and if Vice President, you know that he is fa- but to every coastal State, including it is taken away will not have it. He mous for quoting his father and his Rhode Island. His energy, his commit- did that because it was the right thing mother and the wisdom they imparted ment, and his dedication made it a suc- to do, because he understood from his to all the children—Joe, Val, Jimmy, cess. I want to thank him for that, and own personal experience how trauma- and Frank. I think you have heard Sen- I wish him well as he goes forward. tizing and how debilitating and, ulti- ator BIDEN, Chairman BIDEN, and Vice BARBARA MIKULSKI mately, how destructive the lack of ac- President BIDEN say: ‘‘I give you my cess to good health care—both physical Mr. President, BARBARA MIKULSKI— word as a Biden.’’ You know you can health care and mental health care—is what an extraordinary individual. She take that to the bank. He meant it. to America, and, also, how it does is a pioneer. She was the first Demo- Once you heard that, without hesi- make us productive. Simply having cratic woman Senator elected in her tation, you know he was there with health care is not just a good thing to own right. She is the longest serving you and would not equivocate, would woman in the history of the Congress. do, it is a smart economic thing to do. not deviate, and would be with you. He led that fight for us. BARBARA MIKULSKI and history are one I had the privilege of not only work- in the same. She has made it. She came It has been an honor to serve along- ing with Senator BIDEN, but I also had from very modest roots in Baltimore. side HARRY REID and to see this ex- the privilege of working with a young She talked yesterday on the floor traordinary legislator work his way captain in the U.S. Army, at least about her father and mother running a quietly sometimes—many times—but briefly, as we visited him, and that was small grocery store in her neighbor- persistently. There is no one more per- CPT Beau Biden of the Delaware Na- hood. She took that sense of commu- sistent than HARRY. His steady, unself- nity, that sense of dedication, and that ish leadership will continue to guide us tional Guard. Beau Biden didn’t have sense of selfless service to others. As and his example will continue to guide to join the National Guard. He didn’t she said, she was inspired by the nuns us. have to volunteer for Iraq, but he felt that taught her, and that inspiration I have been very fortunate. I have it was his duty and his obligation. was extraordinary and fully realized in had the privilege to serve with these When we were together with him in her life. There are a lot of Sisters of ladies and gentlemen, and I want to Iraq, you saw someone who personified Mercy and Sisters of Notre Dame who thank them for their service. the very best of this Nation—a soldier, are sitting back today thinking: I knew TRIBUTE TO VICE PRESIDENT JOE BIDEN someone conscientious, someone who that young lady had it in her. Mr. President, I was also very privi- would give his all, give his life for oth- She certainly did. She led us on the leged to serve with the Vice President ers and, particularly, give every ounce Appropriations Committee, the first of the United States, JOE BIDEN. The of energy and service to this great Na- woman to chair the committee. She Vice President was here yesterday. I tion. has done so much to assist me on was here listening to the comments. I Anyone who met Beau knew he was a issues that are so important to Rhode must add, if I could, some words of my Biden. He didn’t have to say it. He Island. I must say that she and Kit own. looked like his dad but, more impor- Bond, one of her colleagues, were ex- JOE BIDEN is a true statesman. I had tantly, he acted like his dad—strong, traordinary in recognizing the prob- the privilege of serving with him for tough, proud, dedicated, committed to lems of lead exposure in children and over a decade. We traveled together to helping others, particularly those who providing needed resources. I thank her places such as Afghanistan and Iraq. I needed a chance, who needed a hand up. for that. am honored to have gotten to know He had a passion for social justice, She has assisted the fishermen in him and his wonderful family. Even compassion, and that element of kind- communities in Rhode Island with real though he is Vice President of the ness. In the sum of his days—of Beau’s assistance and real aid. She has done it United States of America—the second days—he certainly surpassed that test over and over. She has given me pro- highest office of the land—I know the of kindness, decency, and compassion. found advice, counsel, and kindness. titles he is proudest to hold are father, The Biden family has known a great She said yesterday on the floor: The grandfather, husband, brother, and, deal of tragedy—more than most fami- best ship in the world is friendship. I after that, Senator. lies—but they have stuck together, and agree, but ultimately the measure of A tribute to JOE BIDEN really has to they have shared both moments of tri- our service and of our days is kindness. extend to some others, and one person umph and moments of profound sad- I must say that by that measure, she is I want to single out is his sister, Val- ness. Together, they have shaped his- a very towering figure in the Senate, in erie Biden Owens. Val is not only his tory and made this a better nation and the history of the United States, and I closest adviser but the architect of his a better world. All of us who have had thank her. first campaign and every one there- the privilege of knowing JOE, Jill, and HARRY REID after. At a time when very few women their family are better people. Mr. President, finally, there is our were running U.S. Senate campaigns, Mr. President, let me thank you. Mr. leader, HARRY REID. Much has been Val was responsible for electing a 29- Vice President, Senator, JOE, thank said about HARRY today. I will not go year-old newcomer. When tragedy you. over the extraordinary tale of a young struck, she was the one who helped With that, I yield the floor. man from Searchlight, NV. He was a bring him back, who enabled him to I suggest the absence of a quorum. boxer and a Capitol Police officer while serve the people of Delaware and, ulti- The PRESIDING OFFICER. The he was working his way through law mately, the people of the United States clerk will call the roll. school. He has always been a fighter— and of the world. She is a brilliant The bill clerk proceeded to call the and a fighter for those who need help, strategist who has gone on to advise roll. not for the powerful but for the people many officeholders. We thank her for Mr. MCCAIN. Madam President, I ask without power. For those without a her lasting contributions, and I wanted unanimous consent that the order for voice, he has given a voice. to make sure she got some credit. the quorum call be rescinded.

VerDate Sep 11 2014 03:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.023 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6870 CONGRESSIONAL RECORD — SENATE December 8, 2016 The PRESIDING OFFICER (Mrs. This review was borne out of concern led Congress to create it in the first FISCHER). Without objection, it is so that the organization of the depart- place. I will repeat that. The National ordered. ment too often inhibits, rather than Security Council was created to give The Senator from Arizona. enables, the talented people serving advice and counsel to the President of Mr. MCCAIN. Mr. President, the Con- there to fulfill their duties at a time of the United States, not to give rules of stitution gives the Congress the power major strategic and technological engagement and specific instructions and responsibility to provide for the change. Building on this work, the to officers, generals, and admirals in common defense, raise and support ar- NDAA seeks to improve strategic inte- the field. mies, provide and maintain a Navy, gration across functional components Former Secretary Gates quite often make rules for the government and of the Office of the Secretary of De- tells the story of when he was visiting regulation of the land naval forces. For fense. Kabul, Afghanistan, and walked by an 54 consecutive years, Congress has ful- At a time when the Department of office where there was a red phone, and filled these more important constitu- Defense faces numerous threats that Secretary Gates said: What is that? tional duties by passing the National all span different regions, functions, They said: That is our line to the NSC. Defense Authorization Act. Today the and military domains, the Secretary of My friends, we have 30-something Senate has a chance to make it 55 Defense needs better tools to more ef- staffers at the NSC who are giving di- years. fectively develop integrated solutions rections as to how to carry out oper- It is precisely because of this legisla- and strategies for critical department ations in the field. It is simply out- tion’s critical importance to our na- objectives. To this end, the NDAA rageous. By the way, it not only has an tional security that it is still one of would allow the next Secretary of De- effect on morale but also on the ability the few bills in Congress that enjoys bi- fense to create and delegate decision- to address the challenges on the battle- partisan support year after year. In- making authority to a series of cross- grounds. deed, this year’s NDAA has been sup- functional teams to achieve core objec- For years after the end of the Cold ported by Senators on both sides of the tives of the Department. These cross- War, the United States enjoyed a near aisle. The Senate Armed Services Com- functional teams would support the monopoly on advanced military tech- mittee overwhelmingly approved the Secretary and Deputy Secretary in per- nology, such as stealth, precision-guid- NDAA in a 23-to-3 vote back in May. forming strategic integration more ef- ed munitions, unmanned systems, and The full committee followed by passing fectively in efficiency. the advanced communications that en- the NDAA with a bipartisan vote of 85 Improving the effectiveness of our able network-centric warfare. That is to 13. After a collaborative and produc- defense enterprise also requires tar- changing rapidly. From China and Rus- tive conference process, the House geting excess bureaucracy. Over the sia to Iran and North Korea, we see passed the NDAA conference report past 30 years, the end strength of the militaries that are developing, fielding, with an overwhelming vote of 375 to 34. joint forces has decreased by 38 per- and employing long-range, precision- I hope the Senate will deliver another cent. I want to emphasize that. The guided weapons, advanced fighter air- resounding vote today. end strength of the uniformed military craft, anti-access and aerial denial sys- I thank the committee’s ranking has decreased by 38 percent, but the tems, and growing space in cyber capa- member, the Senator from Rhode Is- ratio of four-star officers to the overall bilities. The result is that we are at land, JACK REED. Despite his lack of force has increased by 65 percent. Espe- real and increasing risk of losing the education at West Point and the im- cially at a time of constrained defense military technological dominance that pending doom of the Army football budgets, the military services must we have taken for granted for 30 years. team this weekend, I appreciate the right-size their officer corps and shift That is why innovation cannot be an thoughtfulness and bipartisan spirit as many personnel as possible from auxiliary office at the Department of with which he approaches our national staff functions to operational and other Defense. It must be the central mission security. This is a much better bill vital roles. That is why the NDAA di- of its acquisition system. Unfortu- thanks to the Senator from Rhode Is- rects a reduction of 110 general and flag nately, that is not the case with the land. I appreciate his friendship, and officers on Active Duty, and it requires Office of the Under Secretary of De- more than that, I appreciate the com- the Secretary of Defense to conduct a fense for Acquisition, Technology, and mitment he and I share to the defense study that will identify a further 10- Logistics, known as AT&L. It has of this Nation and the men and women percent reduction. Likewise, the NDAA grown too big, tries to do too much, who serve it. includes a reduction to the number of and is too focused on compliance at the I also thank the majority leader, the senior executive service civilian em- expense of innovation. That is why the Senator from Kentucky, for his com- ployees in the Department of Defense NDAA disestablishes AT&L and divides mitment to bringing the NDAA to the commensurate with a reduction to gen- its duties between two new offices, a floor and for his support throughout eral and flag officers. new Under Secretary of Defense for Re- the year to make sure this legislation The legislation also imposes a limita- search and Engineering, and an Under received full consideration and debate. tion on funds used for staff augmenta- Secretary for Acquisition and Our Nation faces the most diverse tion contracts in the Office of the Sec- Sustainment. and complex array of crises since the retary of Defense and the military de- The job of research and engineering end of World War II—great power com- partment, a practice which has gotten will be developing defense technologies petition with Russia and China, rogue completely out of control. that can ensure a new era of U.S. quali- states like Iran and North Korea, and The NDAA also caps the size of the tative military dominance. The job of the enduring threat of radical Islamist National Security Council staff at 200 acquisition and sustainment will focus terrorism. Rising to the challenges of a professional staff and detailees. The on the execution of acquisition func- more dangerous world requires bold re- past 25 years has brought a consistent tions, ensuring compliance, and low- form to our national defense, and that and steady growth of the NSC staff ering risks to taxpayers. God knows we is exactly what the NDAA delivers. from 40 during the George Herbert need to lower risks to taxpayers. These The last major reorganization of the Walker Bush administration to more organizational changes complement Department of Defense was the Gold- than 100 in the Clinton administration, the additional acquisition reforms in water-Nichols Act, which marks its to more than 200 during the George W. the NDAA. The legislation creates new 30th anniversary this year. Last fall, Bush administration, to reports of pathways for the Department of De- the Senate Armed Services Committee nearly 400 under the current adminis- fense to do business with nontradi- held a series of 13 hearings on defense tration. tional defense firms. It streamlines reform with 52 of our Nation’s foremost In addition to the growth and size, regulations to procure goods and serv- defense experts and leaders. We fol- and largely enabled by it, we have seen ices. It provides new authorities for the lowed up these hearings with a com- an expansion of the NSC’s staff role rapid prototyping, acquisition, and prehensive review of the roles, mis- into tactical and operational issues. fielding of new capabilities, and, criti- sions, and organization of the major NDAA will push the staff toward cally, the NDAA establishes a pref- actors in the Department of Defense. prioritizing the strategic mission that erence for fixed-price contracts. The

VerDate Sep 11 2014 03:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.025 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6871 overuse of cost-type contracts and the Taken together, the provisions con- Putin, the same Vladimir Putin whose complicated and expensive government tained in the NDAA constitute the anti-air system shot down an airline, bureaucracy that goes with them most significant reforms to the Uni- the same one who is slaughtering and serves as a barrier to entry for com- form Code of Military Justice in a gen- killing brave Ukrainians as we speak. mercial, nontraditional, and small eration. As we implement these impor- This President has refused to give businesses that are driving the innova- tant defense reforms, we have to re- them weapons to defend themselves. tion our military needs. build a modern and ready Armed This will be, again, the third year in a Continuing down the path of reform, Forces prepared to meet current and row where we have authorized it. This the NDAA initiates a comprehensive future threats. The NDAA authorizes a is another shameful chapter in the his- modernization of the military health total of $619 billion for defense discre- tory of Obama’s feckless administra- care system to provide beneficiaries tionary spending, which is $3.2 billion tion as far as national defense is con- with higher quality care, better access above President Obama’s budget re- cerned. to care, and a better experience of care. quest. That includes the $5.8 billion in Finally, the legislation includes $600 The NDAA includes provisions that ex- supplemental funding requested by million to modernize Israel’s layered pand DOD telehealth capabilities, re- President Obama for operations in missile defense system. As we continue form TRICARE health care plans, mod- Iraq, Syria, and Afghanistan. The to support allies and partners against ernize TRICARE medical support con- NDAA prioritizes modernization to common threats, the NDAA makes tracts, streamline the administration provide critical military capabilities to major reforms to the Pentagon’s com- of the Defense Health Agency and mili- our warfighters, fifth-generation fight- plex and unwieldy Security Coopera- tary medical treatment facilities, and er aircraft, stealth attack submarines, tion Enterprise, which has complicated establish high-performance military-ci- vital munitions, more lethal and sur- the ability of the Department of De- vilian integrated health delivery sys- vivable armored vehicles and heli- fense to effectively prioritize, plan, tems. copters. execute, and oversee these activities. The NDAA ensures we maintain bat- The legislation also fully supports The NDAA consolidates security co- tlefield medicine as a pocket of excel- the modernization of our nuclear triad operation authorities from Title 10 and lence in the military health system by and makes timely investments in re- elsewhere in public law into a single taking steps to improve trauma care in search and development efforts to chapter of U.S. Code. For the first military hospitals and develop endur- produce cutting-edge military tech- time, this legislation requires the Sec- ing partnerships with civilian military nologies. Through a combination of retary of Defense to submit a consoli- centers and hospitals. These reforms added funds and redirected savings, the dated security cooperation budget, and constitute an important first step in NDAA directs $4.6 billion to address the legislation modernizes the security the evolution of the military health the military readiness crisis by reduc- cooperation workforce. Together, these system from an underperforming, dis- ing training shortfalls, supporting steps will improve operational out- jointed health system into a high-per- comes, program management, congres- forming, integrated health system that weapons maintenance, and sustaining sional oversight, and public trans- gives beneficiaries what they need and facilities. Critically, the NDAA stems the draw- parency. deserve—the right care, at the right down of military end strength that has This legislation takes several steps time, in the right place. to bolster border security and home- In a world of multiplying threats and exacerbated the readiness crisis, espe- land defense. It authorizes $933 million increasing danger, we count on young cially in the Army and Marine Corps. for Department of Defense counterdrug Americans to enlist or commit to serve As we meet our commitments to our programs. The legislation codifies the in the All-Volunteer Force that pro- warfighters, we must also uphold our authority of the Secretary of Defense tects us and our families. The NDAA commitment to American taxpayers. sustains the quality of life for the men The NDAA imposes strict oversight to provide support to Federal, State, and women and the total force and measures on programs such as the F–35 local, and tribal law enforcement for their families and addresses the needs Joint Strike Fighter, B–21 Long Range counterdrug and countering of our wounded, ill, and injured service- Strike Bomber, the Ford-class aircraft transnational organized crime oper- members. carrier, the littoral combat ship. ations. It enhances information shar- The NDAA authorizes a 2.2-percent These provisions will ensure account- ing and operational coordination be- across-the-board pay raise for members ability for results, promote trans- tween the Department of Defense and of the uniformed services, the largest parency, protect taxpayers, and drive the Department of Homeland Security. military pay raise for our troops since the Department to deliver our Finally, this legislation takes impor- 2010. The legislation authorizes over 30 warfighters the capabilities they need tant steps to strengthen cyber secu- special pays and bonuses to support re- on time, as promised, and at a reason- rity. The legislation elevates U.S. cruitment and retention and ensures able cost. The NDAA upholds Amer- Cyber Command to a unified command. fair treatment for our Reserve mem- ica’s commitments to its allies and As our senior military leadership has bers under their survivor benefit plan. partners. It authorizes $3.4 billion to testified, this step is critical to pro- The NDAA also addresses a dis- support our Afghan partners as they viding the Commander of U.S. Cyber turbing situation affecting members of take the fight to our common terrorist Command with the necessary unity of the California National Guard who enemies. command and streamlined decision- have been caught up in a scandal in- The legislation authorizes $3.4 billion making. volving the improper issuance of bo- for the European initiative to deter The NDAA also prevents the pre- nuses. The legislation holds the De- Russian aggression. This is a very crit- mature termination of the dual hat ar- partment of Defense responsible for ex- ical item, as we see more and more ag- rangement under which the Com- pediting the review process, reaching gressive behavior, both in cyber, propa- mander of U.S. Cyber Command also out to each impacted servicemember, ganda, and actual on-the-ground activi- serves as the Director of the National and notifying credit reporting agencies ties by Vladimir Putin—a fourfold in- Security Agency. when debts have been forgiven. crease from last year in the European Let me close by saying that we ask a The NDAA also implements the rec- deterrence initiative. lot of our men and women in uniform. ommendations of the Department of It provides $1.2 billion for counter- They a never let us down. We must not Defense Military Justice Review Group ISIL operations. It authorizes up to let them down. So let’s be bold on their by incorporating the Military Justice $350 million in security assistance to behalf. This NDAA is an ambitious Act of 2016. The legislation modernizes Ukraine, including lethal assistance. piece of legislation, but in the times we the military court-martial trial and One of the things that has disappointed live in, we can’t afford business as appellate practice, incorporates best me as much as anything else, in some usual in the Department of Defense. We practices from Federal criminal prac- ways more, is that this President has can’t afford these terrible cost over- tice and procedures, and increases refused to give defensive weaponry to runs. We just had a hearing on the lit- transparency and independent review the Ukrainians who are watching their toral combat ship. It was supposed to in the military justice system. country be dismembered by Vladimir cost $200 million each. Now it costs $460

VerDate Sep 11 2014 03:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.026 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6872 CONGRESSIONAL RECORD — SENATE December 8, 2016 million each, and it has a 30-millimeter lowup to last year’s, has significant re- cause that does not allow the Pentagon gun and a helicopter pad on it. forms in the way the Pentagon does to move money around. It is an overall We cannot do this to the American business. cut of many billions of dollars at a taxpayers. There was a front page I would like to tell you that now we time that any observer will tell you is story in the Washington Post just a have reformed the Pentagon and every- more challenging to our national secu- couple of days ago about some $125 bil- thing is fine. My friends, we have a rity than any time since December 7, lion that, in the view of an outside long way to go. We have a long way to 1941. study, had been wasted. We cannot con- go. I am proud of the bipartisanship I urge my colleagues to vote for the tinue to do that to the taxpayers of that exists on our committee. I am NDAA. America, and we certainly cannot af- proud of the seriousness with which I yield the floor. ford to continue to do it given the chal- most—not all, but most—of the mem- The PRESIDING OFFICER. The Sen- lenges we face all over the world, which bers of the committee take their duties ator from Louisiana. are unprecedented in the last 70 years. as members of the committee. I am Mr. VITTER. Madam President, I Yesterday, I was honored to be asked proud that my friend and colleague suggest the absence of a quorum. to speak at the World War II Memorial from Rhode Island and I work so close- The PRESIDING OFFICER. The commemorating the 75th anniversary ly together, not only we but our staffs, clerk will call the roll. of the attack on Pearl Harbor. It was in the spirit that is demanded if we are The senior assistant legislative clerk an uplifting experience because, thank going to carry out our higher respon- proceeded to call the roll. God, there were so many of our brave sibilities to the men who serve. Mr. ENZI. Madam President, I ask I am not proud—I am not proud—to warriors who fought and were present unanimous consent that the order for see sequestration continue, the mind- in the war that was fought by our the quorum call be rescinded. greatest generation. There were even a less, across-the-board cuts that have The PRESIDING OFFICER. Without couple who had been on board the USS characterized the last few years. It is objection, it is so ordered. Arizona, which was sunk with 1,117 supported by both sides of the aisle, All postcloture time has expired. brave officers and men on board. not just Democrats. I love to blame the You know, one of the lessons at Pearl Democrats for it, but both Democrats The question is on agreeing to the Harbor was that we were not ready. We and Republicans have refused to ad- conference report. were not prepared. The Japanese air- dress sequestration, which is destroy- Mr. ENZI. Madam President, I ask planes that came in and bombed those ing the readiness, which is—not de- for the yeas and nays. ships and killed so many brave Ameri- stroying—it is harming the readiness The PRESIDING OFFICER. Is there a cans—we had nothing that could com- of our men and women to serve and sufficient second? bat them. At that time, the Japanese fight. There appears to be a sufficient sec- Zero was so far superior to anything Operations are being canceled, parts ond. that we had that it was a relatively are not available, the training is not The clerk will call the roll. easy mission for those Japanese Zeros available. It goes on and on and on. The senior assistant legislative clerk to attack and destroy a good portion of Why don’t we listen? I am not asking called the roll. America’s Pacific Fleet at that time. you to listen to the civilians. Ask the Mr. CORNYN. The following Senator What I fear is not another Pearl Har- leaders that we have asked to be the is necessarily absent: the Senator from bor, but what I fear is that with seques- chiefs of their services. Ask the leaders Arkansas (Mr. COTTON). tration and with the continuing resolu- who are component commands. They Further, if present and voting, the tion—which apparently we are going to will all tell you the same thing: We are Senator from Arkansas (Mr. COTTON) do, although I will fight as hard as I going to have to spend more money, would have voted ‘‘yea.’’ can against it—we are reducing the but we are also going to have to spend The PRESIDING OFFICER (Mr. ability of our men and women to serve it more wisely. SASSE). Are there any other Senators this Nation with effectiveness. By the way, the Pentagon bureauc- in the Chamber desiring to vote? All of the four service chiefs—every racy does not like many of these The result was announced—yeas 92, one of them—when asked about seques- changes, just as last year we forced nays 7, as follows: tration and this kind of continuing res- these changes on them, and now they [Rollcall Vote No. 159 Leg.] olution, have said one thing: We are all take credit for them. Fine, but now, YEAS—92 putting the lives of the men and there is another year of reforms. Next Alexander Feinstein Murray women who are serving our Armed year, we are going to have to do more Ayotte Fischer Nelson Forces in uniform in greater jeopardy. reforms, but unless we have the fund- Baldwin Flake Perdue Are we going to take the responsibility ing that is necessary to make these Barrasso Franken Peters here with another continuing resolu- men and women who are serving in our Bennet Gardner Portman Blumenthal Graham tion to place the lives of the men and military fully prepared to counter the Reed Blunt Grassley Reid women serving this Nation at greater new challenges, we are going to relive, Booker Hatch Risch risk? in some form, December 7, 1941, in the Boozman Heinrich Roberts Boxer Heitkamp Rounds That is a terrible burden—a terrible words of Franklin Delano Roosevelt, Brown Heller Rubio burden I say to my colleagues, who, ‘‘A day that will live in infamy.’’ Burr Hirono Sasse Cantwell Hoeven maybe because they want to get out of So I ask my colleagues to vote for Schatz Capito Inhofe here for Christmas, will be voting for a this NDAA. We have had the input Schumer Cardin Isakson continuing resolution that again cuts from literally every Member of this Carper Johnson Scott defense spending—cuts it—reduces it. body, I am happy to say. I hope they Casey Kaine Sessions That is not acceptable in light of the will vote for this legislation. But I Cassidy King Shaheen Coats Kirk Shelby fact, by the way, that the President- also—when they do—recognize that un- Cochran Klobuchar Stabenow elect has said he wants to spend more less we fund these programs, unless we Collins Lankford Sullivan on defense. The President-elect has fund these reforms, unless we provide Coons Leahy Tester said: We are not spending enough. We sufficient funding, then they are not Corker Manchin Thune Cornyn McCain Tillis are not doing enough. going to be able to carry out their mis- Crapo McCaskill Toomey By the way, we have to do it right. sion in the most effective fashion. Cruz McConnell Udall We need to spend more. We need to do I say to my colleagues: Vote for this. Daines Menendez Vitter it right. But when we see a front page Vote for this, but do not vote for an- Donnelly Mikulski Warner Durbin Moran Warren story on the Washington Post that other continuing resolution that will Enzi Murkowski Whitehouse shows—I think it showed $125 billion harm the ability of us and the men and Ernst Murphy Wicker was wasted, then we also have an obli- women who are serving, and their lead- NAYS—7 gation to spend those taxpayer dollars ers, to defend this Nation. It is a heavy Gillibrand Merkley Wyden correctly. This legislation, which I responsibility you take on when you Lee Paul urge my colleagues to vote for as fol- vote for the continuing resolution be- Markey Sanders

VerDate Sep 11 2014 07:43 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.028 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6873 NOT VOTING—1 will continue to push Congress and the I suggest the absence of a quorum. Cotton Forest Service to move ahead to reduce The PRESIDING OFFICER. The The conference report was agreed to. fire risks in Arizona. clerk will call the roll. The PRESIDING OFFICER. The Sen- I look forward to continuing my The legislative clerk proceeded to ator from Arizona. work on these issues and to fighting for call the roll. other water needs in Arizona. Mr. LEAHY. Mr. President, I ask f f unanimous consent that the order for MORNING BUSINESS the quorum call be rescinded. ADA DRIVEBY LAWSUITS Mr. FLAKE. Mr. President, I ask The PRESIDING OFFICER. Without unanimous consent that the Senate be Mr. FLAKE. Mr. President, in a objection, it is so ordered. in a period of morning business, with driveby lawsuit, an attorney will drive Mr. LEAHY. Mr. President, what is Senators permitted to speak therein by a place of business and look for the parliamentary situation? for up to 10 minutes each, for debate technical ADA violations. These are The PRESIDING OFFICER. We are in only, until 2:30 p.m. this afternoon. usually minor violations that are eas- morning business, with Senators per- The PRESIDING OFFICER. Is there ily correctable, like the width of a mitted to speak for 10 minutes. objection? parking space or the height of a van ac- f Without objection, it is so ordered. cessible sign. Oftentimes, if a technical violation TRIBUTE TO HARRY REID f exists, the attorney will either send a Mr. LEAHY. Mr. President, earlier WRDA demand letter or threaten the business today we heard a moving speech by the Mr. FLAKE. Mr. President, I rise with a lawsuit. Oftentimes, the demand Democratic leader and my longtime today to speak about drought legisla- letter will request a settlement that is friend, HARRY REID. He spoke of his life tion that is critical to the State of Ari- just under what it would cost the busi- and his time here. zona. ness to litigate, so the business owner An amateur boxer turned police offi- As everyone knows, water is a con- picks the lesser of the two evils and cer, turned lawyer, turned majority troversial issue in the West. Arizona pays the settlement. leader, that is the supercondensed out- and California have long been at odds The scope of the problem is only line of the life of HARRY REID. When on a number of water-related issues, growing. From the first 6 months of the book closes on this 114th Congress, particularly the Colorado River. 2015 to the first 6 months of 2016, there so too will it close on the congressional Since the beginning of this Congress, was a 63-percent increase in the num- career of Senator REID. He is a fighter I have worked to advance Arizona’s ber of suits filed under title III of the and a champion. That is an understate- water priorities. That included work- ADA. This year is on pace to see al- ment. ing with our neighbors across the Colo- most 7,000 of these cases brought for- He is a fellow country boy, but he rado River to get a Flake-Feinstein ward—7,000. Compare 7,000 to the 4,800 had a much tougher upbringing in the amendment included in the Energy lawsuits filed in 2015 and 2,700 in 2013, isolated hamlet of Searchlight, NV. bill. This amendment, which was and we can see what a boon this has You can read about that in his book. adopted on the floor, would allow dams been for trial lawyers. In fact, this past That upbringing has bred traits that I to be more efficient and enhance water Sunday, ‘‘60 Minutes’’ did a special re- have admired since he arrived in the storage. port on driveby lawsuits and the toll Senate in 1987. His humble upbringing, In addition to this amendment, I they are taking on small businesses raised in a shack with no indoor bath- have introduced the Western Water throughout the country. I would en- room or hot water, sowed the seeds of Supply and Planning Enhancement Act courage anyone to watch that piece. It a life in public service and of the per- in the Energy and Natural Resources explains the problem very well. spective that has infused and driven his Committee. I have worked with many While California, Florida, and New public service. He first came to Capitol of my colleagues on the committee to York have the highest incidents of Hill as a police officer, working nights move this western drought bill through these driveby lawsuits, my home State to pay his way through George Wash- regular order, work that included at- of Arizona has seen a dramatic increase ington University Law School. Little tempting to find a way to reconcile in these suits over the last 3 years. In did he know he would end up being one this bill with the California drought 2013, there were three ADA title III of the longest serving majority leaders bill in order to advance all of our prior- suits brought in Arizona—three. By in the history of the U.S. Senate. ities. 2015, that number was up to 207. As of He can point to so many of the things I am disappointed that instead of September of this year, Arizona has al- he has done, including steering the Af- continuing with the committee proc- ready seen 284. fordable Care Act to Senate passage. ess, a California-only deal was It is clear that the problem is only But I want to thank Senator REID for airdropped into an unrelated WRDA getting worse. My legislation would go his strong support of justice bills that conference report. This was done at the a long way to solve it. If enacted, prop- I have championed. An original cospon- last minute, circumventing regular erty owners must first be given notice sor of the Violence Against Women Act order, and leaving Arizona and other of their alleged ADA violation, at Reauthorization that I introduced in western State priorities out to dry. which point they would have 120 days recent years—to strengthen and renew Not only does the WRDA conference to cure the violation before a lawsuit the transformative and lifesaving work report disregard the good work the En- could be brought. If the property owner that is made possible under VAWA—he ergy and Natural Resources Committee fails to address the violation in a time- has always worked to combat the has carried out over these past 2 years, ly manner, then they can be sued. The scourge of domestic violence, helping but it also fails to address western bill also instructs the Department of to shepherd the reauthorization of this water matters in a holistic way. Let Justice to promote further ADA com- vital legislation across the finish line. me be clear, important Arizona water pliance through education so small He has also supported vital grant pro- issues still need to be addressed by business owners know what is expected grams to put more cops on the street in Congress, and I will continue to fight of them. I think these reforms will help communities small and large and to for these priorities. business owners and persons with dis- keep them safe. His commitment to ad- For example, the Colorado River abilities achieve their mutual goal of vancing our comprehensive immigra- Basin States are very close to reaching ADA compliance. tion reform bill, we got it through the a groundbreaking agreement to deal The ADA has been a great success in Senate by a large bipartisan majority. with the prolonged drought on the its 25-year history. It is essential that When the history books are written, river. We will seek legislation to imple- business owners continue to see it as a one of the huge mistakes made was ment this deal early in the next Con- tool to ensure fairness for people with when that the House of Representa- gress. disabilities and not as a weapon to line tives did not take up that bill, even Our watersheds are also under great the pockets of unscrupulous lawyers. though they had the votes to pass it. threat from catastrophic wildfires. I Mr. President, I yield the floor. These are all examples of how true

VerDate Sep 11 2014 03:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.010 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6874 CONGRESSIONAL RECORD — SENATE December 8, 2016 leadership takes action—not merely grandson. She has been a tireless advo- Pentagon. Senator COATS has been a talking points—no matter how dif- cate for her home State and for the watchdog of government spending, a ficult, to make a difference. country. And now, in retirement, I supporter of critical home assistance HARRY REID was at the Edmund hope she enjoys even more time with programs for low-income families such Pettus Bridge in 2015, commemorating Stewart and her wonderful family. Far as the Low-Income Home Energy As- the 50th anniversary of Bloody Sunday. from finished fighting, I know BAR- sistance Program, and was a supporter I looked at him there with Congress- BARA’s voice will not be one soon for- of our most recent efforts to reauthor- man JOHN LEWIS and President Barack gotten in the U.S. Senate. ize the Violence Against Women Act. Obama—the first African American f Senator COATS has come a long way elected as President—as one of the tow- since his early days as a State staffer ering figures in America. But the true TRIBUTE TO DAVID VITTER for then-Representative and future measure of a man is revealed not when Mr. LEAHY. Mr. President, I would Vice President Dan Quayle. I am sure he pauses to remember past injustices, like to briefly recognize the service of Hoosiers have not seen the last this he works to prevent them from hap- retiring Senator DAVID VITTER. Sen- public servant will offer. I wish him, pening. From pay equity to restoring ator VITTER has served the people of his wife, Marsha, and their entire fam- the Voting Rights Act, from the repeal Louisiana in Congress since 1999, ily the best in retirement. of don’t ask, don’t tell, to the enact- through the aftermath of Hurricane f ment of the Matthew Shepard Hate Katrina, across three different admin- TRIBUTE TO KELLY AYOTTE Crimes Prevention Act, there can be no istrations, and through countless de- doubt that Senator REID fights for bates. As he retires from the Congress Mr. LEAHY. Mr. President, New Eng- every American, every day. after nearly two decades of service to land is in itself a small community. We And yet, no matter how large a na- Louisiana, I wish him, his wife, Wendy, Senators who represent these States tional leader Senator REID has become, their four children and his entire fam- band together to fight for our urban he has never forgotten the people of ily all the best in the next chapter. and rural communities, to protect our Nevada. In him they have a tireless and borders, and to preserve the rich herit- effective champion of the highest cal- f age on which our country was founded. iber. Senator REID’s work on behalf of TRIBUTE TO MARK KIRK For the last 6 years, one of those part- ners has been New Hampshire Senator Nevada has been relentless. Mr. LEAHY. Mr. President, for near- He has been our fighter. He has been KELLY AYOTTE. She has diligently ly 16 years, Senator MARK KIRK has our champion. And he has been a sought to represent the Granite State. given voice to his Illinois constituents friend. He has faced and risen above Senator AYOTTE and I share a back- here in Washington. His long record of personal adversity. He is a truly Amer- ground in law enforcement; as New service includes work as a congres- ican story. And his presence here in the Hampshire’s attorney general, she sional staffer, a 24-year career as a Senate will be missed next year. When prosecuted many important cases. naval intelligence officer, a U.S. Con- Marcelle and I leave Washington for After her election to the U.S. Senate in gressman, and a U.S. Senator. the last time, we will think of the spe- 2011, Senator AYOTTE was recognized as Dedicated to several matters of na- cial friends we have had. HARRY REID, one of the most influential women in tional and international importance, Landra Reid—we will think of them. her party. She has taken a practical, Senator KIRK has supported a range of We wish them all the best as they New England-style approach in the legislative efforts during his Senate begin their next chapter together. Senate. Like many of us from New tenure and has not shied from opposing f England, she has been persistent in her his party’s position. From supporting efforts to call national attention to the TRIBUTE TO BARBARA BOXER the Employment Non-Discrimination opioid epidemic ravaging our commu- Mr. LEAHY. Mr. President, moun- Act and efforts to repeal don’t ask, nities and particularly hitting hard tains, rivers, cities, and plains separate don’t tell, from his opposition to rural communities in Vermont and Vermont and California, two States as defunding Planned Parenthood and the New Hampshire. She was a partner as different as any in the country. But blockade of President Obama’s Su- we sought to advance and ultimately here in the U.S. Senate, we are on preme Court nominee, Senator KIRK pass the Comprehensive Addiction and equal footing. It is one of the hall- has emerged as a conservative voice in Recovery Act, which should provide marks of our Constitution and rep- support of some of the most critical much needed support for those facing resentative government. For over three civil rights protections debated today. this crippling addiction. Her attention When Senator KIRK returned to the decades, BARBARA BOXER worked to ad- to this public health crisis will surely vance the priorities of Californians. Senate following his traumatic stroke be a cornerstone of her Senate legacy. in 2012, he showed his commitment to Thankfully, in many ways, those prior- I wish Senator AYOTTE, her husband, ities, despite the diversity of our Illinois’ voters. As Senator KIRK begins Joseph, and their children well in their States, have mirrored those of this new chapter, I wish him the very future endeavors. Vermonters. best. I yield the floor. A trailblazer in her own right, Sen- f I suggest the absence of a quorum. ator BOXER rose to become the first The PRESIDING OFFICER. The TRIBUTE TO DAN COATS woman to chair the Senate Environ- clerk will call the roll. ment and Public Works Committee, Mr. LEAHY. Mr. President, it is an The legislative clerk proceeded to where she fought to protect and pre- honor for anyone to serve in the U.S. call the roll. serve our environment, promote clean Senate. Giving voice to your constitu- Mr. TOOMEY. Mr. President, I ask and safe drinking water, update our an- ents’ views is a humbling responsi- unanimous consent that the order for tiquated infrastructure, and improve bility. It is one thing to be called to the quorum call be rescinded. public safety. serve; it is another to come back for a The PRESIDING OFFICER. Without Senator BOXER was an early and second tour of duty. Senator DAN objection, it is so ordered. vocal supporter of our efforts to reau- COATS’ life is one of public service, be- f thorize and expand the important Vio- ginning with military service and cul- lence Against Women Act. Her pas- minating for now in his retirement this FINANCIAL REFORM sionate pleas to Senators and Members year from the Senate—his second ten- Mr. TOOMEY. Mr. President, we all of the House to approve this critical— ure representing the people of Indiana. remember the very severe financial cri- and lifesaving—bill was essential to the Senator COATS has championed a sis of 2008, which precipitated a very Senate’s debate. number of efforts during his terms in severe recession from which we have Of course, most important in Senator the Senate. I am particularly grateful had a very, very weak recovery. In BOXER’s life is her family. Like many, for his support of the National Guard many ways, we are still trying to re- I was touched when she announced her and his support for our efforts to em- cover from that. I want to talk a little retirement in an interview with her power the National Guard within the about that, and I want to talk about

VerDate Sep 11 2014 04:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.033 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6875 the opportunity that is before us to tensive control and not by freeing up that needs to buy another pickup make some very constructive changes market discipline to prevent the crisis truck. It is community banks that pro- to help us have a more robust recovery, from occurring. I think that is very vide the lending for these kinds of the recovery we have been waiting for. much at the heart of the fundamental small business opportunities that allow Let’s first review, very briefly, the conceptual flaw of Dodd-Frank. families and individuals to live their causes of this financial crisis because Some of the specifics, broadly speak- dream and create jobs all across Amer- the misguided response to it has con- ing, were to severely restrict what fi- ica. That is what community banks did tributed to our lack of a robust recov- nancial institutions could do, essen- for years. ery. The causes of the financial crisis tially turn medium- and large-sized For decades, prior to Dodd-Frank, we were of course principally government banks into public utilities, give regu- launched, on average, about 125 new causes. It was principally the failure of lators, the same folks who missed the community banks per year—many government policy that created the fi- last crisis, virtually unlimited powers more in really good times, fewer in bad nancial crisis that led to this recession. to micromanage these institutions times but about 125 per year. From the What specific government policies? I with the thought that somehow in the day they signed Dodd-Frank into law would say several. Briefly, first of all, future they will catch the next one. in July of 2010 through this afternoon, it was failed monetary policy. The pol- Then, as a failsafe in Dodd-Frank, the we have launched two new community icy in which the monetary authorities sort of final backstop, was to actually banks in America—two in over 6 years. kept interest rates too low for too long codify a category of financial institu- This industry is done. It is dead. It actually had negative real interest tions as too-big-to-fail. The termi- doesn’t happen anymore because when rates, and that policy, quite predict- nology they use in Dodd-Frank is a lit- business folks sit around the table and ably, created a bubble, a bubble in resi- tle different. They call them system- say, gee, wouldn’t it be a good idea to dential real estate, the explosion of atically important financial institu- launch a bank because we need one in which led to this crisis. This was com- tions, but that is what it is. It is carv- our community, we don’t have a small pounded by the failed legislative pol- ing into law a category that we will community bank willing to provide icy, which actually required mortgage deem too big to fail and the creation of these loans, what they have discovered lenders, especially the government- an explicit bailout mechanism, where- very quickly is, they can’t possibly sponsored enterprises of Fannie Mae by taxpayers will have to once again make a go at it because the regulatory and Freddie Mac, to lend money to peo- bail out these financial institutions if expense and costs are so staggering ple who were very unlikely to be able they fail. that they can’t see their way to a sur- to pay it back. It is generally a very There are many problems with this viving business model. As a result, we bad idea to lend money to people who whole approach, not the least of which don’t have these community banks are not able to pay it back, and it was is—there should be no institution in anymore. They aren’t being launched a bad idea in this case as well. America that is too big to fail. A pri- and haven’t been for years. Who knows Thirdly, I would suggest that there vate for-profit organization, if it fails, how many small businesses haven’t was a failure of government regulators. it must be allowed to fail. There is no launched and haven’t been able to grow There were many thousands of regu- justification for forcing taxpayers to because people could never get the lators crawling through all of the fi- bail out any kind of firm, including funding. Let me just promise you, nancial institutions of America, but banks. That is a bad and fundamental Citigroup is not in the business of somehow this gigantic bubble escaped flaw, but there are many adverse con- doing the kind of lending that new their notice, and the interconnected sequences that have come along. We community banks do every single day. nature of the firms and the exposures have seen a huge concentration in This is just one of the many problems, that firms had to financial risk seemed banking assets directly in response to and one of the most fundamental ones to escape their attention. The com- Dodd-Frank that arguably con- is that taxpayers have this big contin- bination of a failed monetary policy, centrates risks. We have seen costs to gent liability hanging over their head failed legislative policy, and failed reg- consumers rise, and costs for financial in the form of that bailout mechanism ulatory policy was the government’s services that consumers need has gone I alluded to earlier—this requirement enormous contribution to this crisis. up. Liquidity and securities have gone that they will be forced to bail out big I think everybody would agree that done, and that just means pension financial institutions all over again. one of the things we learned from the funds and savers have to pay more to Dodd-Frank codifies it. Dodd-Frank financial crisis was just how inad- invest their savings in the stocks and spells out exactly how it should hap- equate the resolution mechanism was bonds they are relying on for their re- pen. that we had for the failure of a large, tirement security. Innovation has dried It is my strongly held view that we complex financial institution. We up because bureaucrats have to ap- need to reform Dodd-Frank. It is over- didn’t have an adequate one at all. The prove everything and anything a finan- due. It needs substantial reforms, and failure of Lehman Brothers was a good cial institution can do. those reforms should include making case in point, and the worry at the By the way, it actually destroyed a sure taxpayers never have to bail out time was that if large financial institu- whole industry. This is not reported on another giant institution. That is just tions were simply allowed to fail, they nearly as much as I think it should be, wrong. That should not be on the table. would have a knockdown effect that but Dodd-Frank, together with the ab- In fact, it should be precluded. would bring down the entire global fi- normally low interest rates we have A second issue is, taxpayers should nancial network and beyond so that had once again, has completely ended not be forced, through the mechanisms was the concern. I think it is valid that the entire industry of startup commu- of this bill, to make banking products the resolution mechanism at the time nity banking. It is worth noting that in more expensive for consumers—less was insufficient. the United States of America, prior to available, more expensive, fewer prod- In the wake of this crisis, Congress the passage of Dodd-Frank, Americans ucts and services. We can do this while stepped in and decided we have to do launched new banks for decades. It is we maintain our ability to deter, de- something about it, and of course what something business folks would rou- tect, prevent, and prosecute fraud when they did was give us Dodd-Frank, tinely do. A handful of businesspeople it occurs. That is absolutely a funda- which is a law that is very badly flawed would pull their resources together, mental responsibility we have, and we in many ways and failed, in part, be- start up a bank, contribute the capital, can do that. cause the authors failed to fully com- do their own banking business there, Most importantly, we have to enable prehend the cause of this crisis and be- and then what would they do? They a vigorous, competitive market for fi- cause they took the wrong funda- would provide lending services to con- nancial services to respond to con- mental approach to dealing with it. sumers and small businesses in their sumers with new services and new Most fundamentally was a conceptual towns and communities. They would be products at ever-lower costs and to flaw which is that future financial cri- there for the local pizza shop that have a market discipline that forces sis would be avoided by having the gov- needs to add a walk-in cooler in the those institutions to behave prudently ernment impose enormous and very ex- back or the local HVAC repair shop because their future depends on it.

VerDate Sep 11 2014 04:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.039 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6876 CONGRESSIONAL RECORD — SENATE December 8, 2016 We are coming into a new Congress over the next 10 years. By the way, pact their community, their neighbors, soon, and I am hoping our Democratic that $20 billion is bailout money. We their friends. This is particularly true colleagues will work with us to correct can fix that. The office of financial re- for the thousands of young people who the fundamental flaws in Dodd-Frank, search costs over $1 billion. applied for temporary status under the repeal the things that don’t work, and There are many cases in which we DACA Program. roll back the problems with this legis- can save serious taxpayer money, in Over the last few years, I have come lation, but the incoming Senate minor- the process reduce our deficits, thereby down to the floor to tell stories of ity leader is on record in interviews al- achieve the goal of the reconciliation DREAMers from my home. I told the ready declaring they will not do so. instructions given to the Banking story of twin sisters who graduated They will not help us in this endeavor. Committee, and along the way help en- from college and are now both seeking They are not interested and can deny courage stronger economic growth by advanced degrees, one in law, one in us the 60 votes we will need to make modifying some of these misguided medicine. I told the story of a young substantive reforms to Dodd-Frank. policies in Dodd-Frank. man who applied for DACA and wanted Let me suggest to my colleagues I suggest that the election we just to pursue graduate school for biology. I that—first of all, I hope there is a went through was about several things, am happy to report that he is currently change of heart on the other side. I but one of them was certainly shaking studying to earn a joint Ph.D. and hope, first and foremost, as we go up the status quo and getting some M.D., with the hope of working on dis- through this process, that some of our things done and not just continuing ease prevention. I will continue to tell Democratic colleagues will work with what we have always been doing. Well, the inspiring stories of DREAMers who us and will agree that there are for too long now we have been putting demonstrate why we should protect changes that need to be made and that up with the Dodd-Frank bill that is them from deportation. we can make them, hopefully, with a costing us a lot of economic growth Today, I would like to tell you about very broad consensus. If that is not and opportunity. I am hoping our one of those New Mexicans, someone I possible, I suggest there is an alter- Democratic colleagues will work with heard from last week when I held a lis- native. The alternative is that we use a us so we can begin to make the con- tening session with community and budget resolution that would contain structive changes we need, but, if not, faith leaders, immigrant rights advo- reconciliation instructions to the I think we should use all tools avail- cates, and DREAMers from across New Banking Committee. For that matter, able to get this job done. Mexico. She and her family live in the this could apply to other authorizing I suggest the absence of a quorum. Mesilla Valley in southern New Mex- committees, but I am specifically re- The PRESIDING OFFICER. The ico. ferring to the Banking Committee. The clerk will call the roll. The Mesilla Valley is a rich agricul- reason that is important is because The legislative clerk proceeded to tural region. It is home to dairy farms, that will allow us to pass subsequent call the roll. pecan orchards, and many of New Mexi- legislation in compliance with the rec- Mr. HEINRICH. Mr. President, I ask co’s famed green chile fields. Genera- onciliation instructions that can pass unanimous consent that the order for tions of farmers and families in the the Senate with a simple majority the quorum call be rescinded. Mesilla Valley have shaped the rich vote. That is not my preferred way to The PRESIDING OFFICER. Without history and, fundamentally, the cul- do it, but we have to do this. We have objection, it is so ordered. ture of my home State. to get this done. This change in Dodd- f Today, families like the family of the DREAMer I heard from are working Frank will have a very profound im- DACA pact on our economy. It will encourage hard each and every day to improve and enable us to have growth that we Mr. HEINRICH. Mr. President, I their community, many of which lack have been waiting for, for too long. come to the floor today to share the adequate transportation and water in- This device might be what we need to story of an incredible DREAMer from frastructure. They are working to cre- get there. my home State of New Mexico, but ate a better future for the next genera- Let me point out that there are first I would like to commend my col- tion. precedents for this. The Deficit Reduc- league, Senator DICK DURBIN of Illinois, This young woman’s strength is root- tion Act of 2005 used a budget resolu- for his tremendous leadership in stand- ed in her family and in her faith. She is tion to create reconciliation instruc- ing up for DREAMers—young undocu- the oldest child in her family and is the tions, which in turn switched some of mented immigrants who are brought to first person in her family to seek high- the FHA funding streams from manda- the United States as children. I am er education. She told me that through tory spending to discretionary spend- proud to join him in this effort. her education and her work ethic, she ing, from spending that is on autopilot Four years ago, the President an- wants to set an example to her five to spending that is at the annual dis- nounced that DREAMers would have younger brothers and sisters. She cretion of Congress. That was done the opportunity to apply for temporary teaches catechism classes for children through exactly this mechanism. protection from deportation through at her church, where she also helps The FDIC and NCUA are deposit in- the Deferred Action for Childhood Ar- with fundraisers, cooks meals, and as- surance funds. They were restructured rivals Program, known as DACA. sists with church events. and reformed, and it was done under Today, more than half a million young Since graduating from high school, the same device using the same proce- people across the country have bene- she has started working toward her as- dural mechanism. Those changes were fited from DACA, including more than sociate’s degree in nursing. In a State possible because they had a very sig- 6,500 in my home State of New Mexico. like New Mexico, where we badly need nificant budgetary impact, and that is Across this country, there are more nurses and medical professionals one of the criteria for using the rec- DREAMers working to become doctors, in our rural and underserved commu- onciliation device, which in these cases scientists, lawyers, and engineers. nities, her professional dreams and as- was something on the order of a couple They want to start businesses and pirations are truly critical. of billion dollars of taxpayer savings teach in our classrooms and serve in DACA allowed her to get a work per- over 10 years. our military. DREAMers want to earn mit to hold a job that assists her in Reforming Dodd-Frank can save tax- an education and contribute to our paying for her education, for her text- payers a lot of money. The CFPB economy, to pay taxes and give back to books, but now, with the President- alone, over 10 years, is expected to con- their communities and their country. I elect pledging to rescind DACA, this sume—on its current path—over $6 bil- would argue that most DREAMers young woman fears that everything she lion. That is a lot of money. Some real don’t know how to be anything but has worked so hard to achieve could be sensible, thorough reforms there could Americans. lost. She fears that her family will be save taxpayers. Over the last month, I have heard separated and that she might be de- The Congressional Budget Office esti- from many New Mexicans who are fear- ported from the only community she mates that the Orderly Liquidation ful and uncertain about just how the knows and the community she calls Fund will cost taxpayers $20 billion new Trump administration could im- home. She told me, ‘‘If [DACA] were to

VerDate Sep 11 2014 04:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.041 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6877 be removed, then my dream would be reform, I will continue to be focused on care Part B plan. They threatened to destroyed.’’ pragmatic and accountable policy deci- terminate her coverage, which is when This young woman’s dream and her sions that include the many concerns she contacted my office. Fortunately, drive to give back to her community in of our border communities. As the son we were able to resolve the situation southern New Mexico are incredible, of an immigrant myself, I am familiar within a few weeks. Phyllis started re- but her story is far from unique. Her with the unique promise that America ceiving a cheek and continues to pay story is similar to thousands of other represents for so many families. I am her premiums. Only a short time later, DREAMers in my home State and hun- grateful that when my father and my Phyllis fell and broke her arm. It re- dreds of thousands across our country, grandparents fled Germany in the quired surgery and years of ongoing some of whom have escaped unthink- years leading up to World War II, our physical therapy. The final bill: able hardships. They are working to country chose to see them for what $200,000. Phyllis and Tommy were only contribute to their communities and to they were—enthusiastic American im- weeks away from understanding just create a brighter future. These migrants. how devastating it would be to live DREAMers should be met with compas- Our Nation’s remarkable spirit is without Medicare coverage. sion. rooted in our diversity, our history, It is because of people like Phyllis During my listening session, I also and our culture, which has always been and Tommy that I fought tooth and heard from a Catholic priest who serves enriched by our immigrant commu- nail to make sure Medicare will always many immigrant families in his parish. nities and their family members. I en- be there for our kupuna. It is why I He said he was deeply impacted by courage my colleagues and our incom- have been on the frontlines to beat hearing this young woman’s story dur- ing President-elect to look at the back every attempt to privatize and ing our listening session. He told me human faces of our broken immigra- voucherize Medicare since I have been that her story ‘‘reflects exactly what tion system and to work toward real in Congress. [he’s] seen and heard from many fami- solutions. That is why I will do everything in lies not only from [his] parish but also I yield the floor. my power to stop our new President from neighboring parishes.’’ He said, I suggest the absence of a quorum. and his allies in Congress from shred- ‘‘There is a lot of fear and people are so The PRESIDING OFFICER. The ding this crucial safety net program. concerned and worried—especially fam- clerk will call the roll. Over the past month, Speaker RYAN ilies—[about] what can happen after The legislative clerk proceeded to has made it clear that he intends to the election.’’ call the roll. resurrect his plan to turn Medicare I want to make it very clear that in Ms. HIRONO. Mr. President, I ask into a voucher program for private in- the coming years, I will not waiver in unanimous consent that the order for surance. Under his system, private in- standing up for all New Mexicans in my the quorum call be rescinded. surers could deny or delay coverage be- role in the Senate. We should never be The PRESIDING OFFICER. Without cause seniors would no longer have a country that kicks out some of our objection, it is so ordered. Medicare’s consumer protections. His best and brightest students, and we f plan caps the value of these vouchers should not be a nation that tears fami- to the point where they will not keep MEDICARE lies apart. I will not stand for policies up with the rising costs of health care. that are contrary to our fundamental Ms. HIRONO. Mr. President, every The Congressional Budget Office cal- American ideas and values. year I hear from hundreds of constitu- culated that the Ryan plan would in- I would like to thank the young ents about the transformative impact crease out-of-pocket expenses by $6,000 woman who shared her story with me Medicare has on their lives. For many per year for millions of seniors—mil- for having the courage to speak out, of them, Medicare is literally the dif- lions who are already on fixed incomes. particularly with the uncertainty of ference between life and death, be- My colleagues know that I am not her situation and in the wake of the re- tween living with dignity or in abject given to hyperbole, but this attempt to cent election. The idea that young men poverty. It is as dramatic as that. privatize Medicare is a clear and and women like this hard-working Before we passed Medicare 51 years present danger to millions of seniors. nursing student in southern New Mex- ago, slightly more than half of our sen- I know from talking with kupuna in ico will have to retreat back into the iors—in Hawaii we call our seniors Hawaii that one of the things they shadows or fear being removed from kupuna—had health insurance. Only worry about most is their health and their homes as a consequence of con- half. The insurance they had was very whether their needs will be met. Any- gressional inaction on immigration re- expensive and did not cover much. Mil- one who talks to seniors and under- form is simply unconscionable. lions could barely afford routine med- stands what they are going through I am calling for the Obama adminis- ical care, let alone treatment for a cat- would recognize that privatizing Medi- tration to take every possible legal ac- astrophic illness. For the past 50 years, care means seniors will have to go out tion to protect DREAMers—individuals our seniors have approached retire- and find medical insurance on the pri- who are American in every way but for ment with the peace of mind of know- vate market. How can you think they their immigration status—so that they ing that Medicare will be there for will be able to accomplish that? Are in- are not targeted for removal by the in- them. It is part of a commitment we surance companies going to step up to coming administration. Last week, I have made to care for and honor our take care of some of the most vulner- sent a letter to the White House urging kupuna. able members of our population even President Obama to use his pardon au- To understand what life would be though it is not profitable for them to thority to protect DREAMers from de- like for our seniors without Medicare, do so? I don’t think so. portation. we don’t need to look to the distant During the campaign, President- I also plan to continue pushing for past before we had Medicare; we can Elect Trump said the right thing about comprehensive immigration reform in learn from what happened, for example, protecting Medicare, but choosing TOM the new Congress, which I still strong- 3 years ago to a family in Maui, to PRICE to head the Department of ly believe has bipartisan support Phyllis and Tommy Duarte of Maui. Health and Human Services sends the among my colleagues—those col- Phyllis and Tommy contacted my of- opposite message. For years, Congress- leagues who want real solutions rather fice after they received a notice that man TOM PRICE has been PAUL RYAN’s than rancorous rhetoric. We need to the Social Security Administration closest ally in his crusade to privatize modernize our immigration system to had canceled Phyllis’s Social Security and voucherize Medicare. The Ryan- meet the needs of our economy and payments. Like millions of kupuna Price plan would hurt more than 217,000 provide an accountable pathway to across the country, Phyllis and Tommy seniors in Hawaii and millions across earn citizenship for the undocumented live on a fixed income and depend on the country, including those who live workers living here in the shadows, in- Social Security to pay their bills. After in Janesville, WI, and Roswell, GA. I cluding making the DREAM Act law. several months without receiving her wonder how Speaker RYAN and Con- As southwest border security is dis- Social Security check, Phyllis could no gressman PRICE would explain to sen- cussed in the context of immigration longer pay the premiums for her Medi- iors in their districts, their States, how

VerDate Sep 11 2014 04:40 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.043 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6878 CONGRESSIONAL RECORD — SENATE December 8, 2016 voucherizing Medicare will not hurt University and supported his young In 2012, Miranda Du became the first them. family by working as a U.S. Capitol Asian-Pacific American to serve as a Saving Medicare is going to be a Police Officer. judge on the Nevada District Court. daunting fight, but I am not going to Senator REID started his career in In 2014, Richard Boulware became the shy away from it. I am going to do public service as Henderson’s city at- first African-American man to serve as whatever I can, whenever I can, to pro- torney. He revised the city charter and a judge on the Nevada District Court. tect Medicare for our seniors. extended the city’s boundaries by ac- The Senate still has the opportunity I yield the floor. quiring Federal land. In 1968, when he to confirm Anne Traum, who would be was just 28, he was elected to the Ne- f the first Jewish person to serve on the vada State Assembly. As an assembly- TRIBUTE TO HARRY REID Nevada District Court. man, he introduced the first air pollu- Mr. CARDIN. Mr. President, I wish to tion legislation in Nevada’s history. Senator REID has fought hard on be- take a moment to express my apprecia- Two years later, Senator REID became half of his fellow Nevadans. He has pre- tion to the Democratic leader, Senator the youngest lieutenant governor in vented the Federal Government from HARRY REID, who spoke earlier on the Nevada history, winning election as building a nuclear waste repository at floor. Governor Mike O’Callaghan’s running Yucca Mountain. He authored and I was here with many of my col- mate. Mike O’Callaghan had been Sen- passed legislation establishing Ne- leagues and listened to his incredible ator REID’s mentor in high school as a vada’s first national park, Great Basin story about his background from teacher, boxing coach, and friend. National Park. He has led the fight to Searchlight, NV, to his ascension to In 1977, Senator REID was appointed protect and restore Lake Tahoe. He the Senate and becoming the Demo- chairman of the Nevada Gaming Com- prevented the removal of the Nevada cratic leader. mission. For 5 years, he was engaged in Air National Guard’s C–130 aircraft and When I first came to the Senate, Sen- an unrelenting fight with organized the closure of the Hawthorne Army ator REID asked to meet with me. I crime syndicates to clean up Nevada’s Depot, and he secured over $600 million thought he was going to talk about my gaming industry. In 1981, his wife—high for the Southern Nevada Veterans Ad- philosophy on different issues or what school sweetheart Landra—found a ministration Medical Complex. my interests would be or how I was bomb attached to the family station When it comes to combatting climate going to try to move forward on par- wagon. change and promoting the development ticular bills, but what he really wanted In 1982, Senator REID won the first of and adoption of clean, sustainable, re- to talk about was my family, what I two elections to serve in the House of newable energy, Senator REID has been thought was important in life. He was Representatives and then he was elect- a visionary. He has incentivized $5.5 very interested in my family traditions ed to the Senate in 1986. In 2005 he be- billion in investments in Nevada’s and how that would be impacted by my came the Democratic Leader, two clean energy resources through tax life in the Senate. years later, he became the majority credits, grants, and loan guarantees. I must tell you, it was very personal. leader, a post he held until the Repub- He helped to create a new fast-track I think many of us have seen many licans gained control of the Senate last permitting process for clean energy de- sides of HARRY REID, but one side of year. As the Las Vegas Sun put it, he velopment on public lands. He facili- him is clear. He treats the Senate as went from being the underdog to the tated the public-private partnership his family, and he treats each one of us top dog. needed for the One Nevada Trans- as his family. I have talked about Senator REID’s mission Line, which connects northern I wish to express my appreciation for and southern Nevada’s electricity grids his service in the U.S. Senate and for hardscrabble upbringing because it has made him one of the toughest people I for the first time, helping to unlock his public service over so many years. the State’s vast clean energy potential. Myrna and I are friends of Landra have ever known. Yet he is also one of the kindest, and most compassionate. While his interest in promoting clean and HARRY. We wish them only the best energy—especially solar—may have a as he moves forward from his career in Senator REID may be the top dog, but he has always fought for the underdog. local origin, the benefits will accrue to the Senate. all humanity for generations to come It has really been a pleasure to serve I think that quality is best exemplified by his advocacy on behalf of Native as we transition from our reliance on with him in the Senate. This is an in- fossil fuels. credible place to serve. Senator REID Americans, which includes helping to has certainly made this Senator’s life build the Nation’s first utility-scal Serving as the Leader, whether in the in the Senate much more enjoyable and solar project on tribal land in Nevada. majority or the minority, is a tough productive. I know how much he is respected in In- job. The leader has to fight the most Mr. President, part of American cul- dian country. intense partisan battles. The Leader ture is to celebrate our small towns. Senator REID was instrumental in has to say ‘‘no’’ on many occasions. There are few American towns smaller passing the Affordable Care Act, ACA, The leader has to stand up for other than Searchlight in Clark County, NV. which—along with the Medicaid expan- members of the party. Senator REID That is the hometown of our beloved sion—has provided health care to more has been tough enough to be an ex- Democratic Leader, Senator HARRY than 20 million Americans. traordinary leader. If I were in a fox- REID. Senator REID’s efforts to choose hole, I would want HARRY REID by my Senator REID epitomizes the Amer- qualified Federal jurists for the U.S. side. I know every other Democratic ican Dream. He grew up without indoor District Court for the District of Ne- Senator feels the same way—and surely plumbing, in a small cabin built out of vada will be felt for decades after he most Republicans. We are going to scavenged railroad ties, and attended a leaves office. Senator REID has rec- miss HARRY REID. I wish him, his wife two-room elementary school. His fa- ommended and helped confirm five of Landra, their five children, and 19 ther was a hard-rock miner. As a young the six judges currently serving on the grandchildren all the best. boy, Senator REID would go deep into court. As a result of Senator REID’s Mr. President, I suggest the absence the mines with his father. Searchlight commitment to diversity, there have of a quorum. didn’t have its own high school so Sen- been numerous ‘‘firsts’’ for the court. The PRESIDING OFFICER (Mr. ator REID had to hitchhike each week In 1998, Senator REID recommended HOEVEN). The clerk will call the roll. to Henderson, 40 miles away, where he Johnnie Rawlinson to be the first The senior assistant legislative clerk attended Basic High School and woman to serve as a judge on the Ne- proceeded to call the roll. boarded with relatives and other fami- vada District Court. At his request, she lies. was elevated to the Ninth Circuit in Mr. CORNYN. Mr. President, I ask Local businessmen saw his potential 2000. unanimous consent that the order for and helped him attend Utah State Uni- In 2010, Gloria Navarro became the the quorum call be rescinded. versity, a debt he repaid. He earned his first Hispanic woman to serve as a The PRESIDING OFFICER. Without law degree from George Washington judge on the Nevada District Court. objection, it is so ordered.

VerDate Sep 11 2014 07:43 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.045 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6879 WORK BEFORE THE SENATE while complying with all environ- we all should take to heart and learn Mr. CORNYN. Mr. President, earlier mental laws. Of course, with some co- from by her good example. today we moved the Defense authoriza- operation we can get all of these mov- I want to add my thanks to our tion bill across the finish line. This leg- ing parts done for the American people friend, Senator KELLY AYOTTE, for her islation authorizes funding for things soon. years of service on behalf of the people such as training our troops to counter f of New Hampshire. I also thank her the ever-evolving threats emanating husband Joe Daley and their two chil- TRIBUTES TO DEPARTING dren, Katherine and Jacob, for their from around the world. The Defense au- SENATORS thorization bill will also give our men steadfast support of Joe’s wife and Mr. CORNYN. Mr. President, I know and women in uniform the most up-to- their children’s mom over these past it is always difficult to come to the date weaponry and the other equip- years. floor and talk about the departure of ment they need, including advanced I don’t know in what capacity Kelly our good friends and valued colleagues. aircraft, ships, and ground vehicles. will continue to serve her community Fortunately, the bill also authorizes The word I have heard mentioned the and her State and her Nation, but I needed improvements in military fa- most this week is ‘‘bittersweet’’—peo- know we will be hearing and seeing her cilities such as those in Fort Hood, TX, ple looking forward to the next chapter more in some capacity of service, and I Joint Base San Antonio, Red River of their lives but regretting the fact look forward to seeing where and in Army Depot, and Ellington Field. that good friends and valued colleagues what capacity she finally decides to Finally, it provides a much needed are moving on to the next chapter of serve next. pay raise for our troops. I am pleased their lives. But every other December, DAN COATS we were able to finish our work on that we find ourselves bidding farewell to Mr. President, next I wish to recog- to better serve our men and women in some of our most admired and re- nize our friend, Senator DAN COATS. uniform. spected Members. Today I wish to Senator COATS is a well-known com- I hope the President reconsiders his speak briefly about four of them, start- modity not just in Hoosier country but stated intention to veto this legisla- ing with our good friend from New across the United States. He has tion. It makes absolutely no sense to Hampshire, Senator AYOTTE. earned the reputation of a distin- me, and I think it would be an insult to KELLY AYOTTE guished statesman who genuinely the troops—whom we all claim to sup- Mr. President, Senator AYOTTE and I doesn’t need an introduction because port—to deny them the resources and have more in common than may meet his sterling reputation precedes him. the pay raise that this bill provides for. the eye, so let me explain. Our home- We know his impressive resume. We still have more work ahead of us, towns are 2,000 miles away, so it After serving the country as a soldier including the continuing resolution. I doesn’t seem obvious. She served as at- in the Army, he decided he wanted to know there are Members of this body torney general of the State of New continue in public service, so he who say: Well, we want to change that Hampshire and holds the distinction of worked as a congressional staffer for appropriations bill to add some other being New Hampshire’s first and only then-Congressman Dan Quayle. When provisions. But I just came back from female attorney general. She was first his boss decided to run for the Senate meeting with some of the Members of appointed to that position by a Repub- and won, Senator COATS took his boss’s the Texas House delegation. They tell lican Governor, and she did such an congressional seat to serve in the me the House is leaving. So even if outstanding job serving the people that House of Representatives. And when changes are made, the House is not she was reappointed to that position by Senator Quayle became Vice President going to be here and in session to make a Democratic Governor. Quayle, Representative Coats became changes to the continuing resolution. Everybody who knows KELLY AYOTTE Senator COATS, following on in his ex- Our friends across the aisle need to knows that she epitomizes the spirit of ample. face up to the reality that if they bipartisanship and comradery that He broke that pattern of following in somehow prevent us from passing this makes a good public servant a great the footsteps of the former Vice Presi- continuing resolution, it will be on one. That has been evident in her work dent when he was appointed Ambas- their hands. I hope they will reconsider she has done here in the U.S. Senate. sador to Germany. In the aftermath of because they are not going to be able From the Comprehensive Addiction the 9/11 attacks, he was an instru- to achieve the goal they are seeking. and Recovery Act to multiple national mental diplomat, working with our al- We are close to wrapping up the security issues, Senator AYOTTE has lies in Europe as we responded and as Water Resources Development Act as been eager to work with Members on the world responded to the worst terror well. This bill has also experienced a both sides of the aisle when it comes attack on our country in our history. little bit of a hiccup. It has been held down to doing what is best for the peo- I know I speak for every Member up over questions about how to best ad- ple of her State and for the United here when I say that we are grateful dress the drought in California, but the States. Senator COATS came out of retirement bottom line is that California needs Senator AYOTTE and I both come and came back to the Senate in 2010. this legislation to help deliver water to from military families. My dad flew in We have come to know that he is a its people and to keep producing bil- the Army Air Corps in World War II, warrior when it comes to wasteful lions of dollars’ worth of crops each with the 303rd Bomb Group of the Air Washington spending, and every week year. Force. Her grandfather also served in he comes to the floor to talk about his I know the folks in California con- World War II. And, as many of us know, waste of the week. It is a service to all sider themselves to be the breadbasket Joe, her husband, served in the Air of us, really, to remind us that we have for America and literally the world be- Force and the Air National Guard, and a lot of work to do in that area but also cause of all the food we export, but he flew combat missions in Bosnia and to point out how we can save tax- that is one reason why this legislation Iraq. Senator AYOTTE’s firsthand payers’ dollars and use them more effi- is so important and why the senior knowledge of the military has been a ciently. Senator from California, Mrs. FEIN- great help to us, particularly in her Many folks wouldn’t know that he STEIN, and Majority Leader MCCARTHY role on the Armed Services Committee. regularly attends the weekly Prayer negotiated this package. KELLY will tell us that she does her Breakfast we have here in the Senate I know Senator BOXER is not pleased best to listen first, to take in the con- as well, which is a great time for Sen- with it, but the fact is, under the cur- cerns and priorities of her fellow Gran- ators to come together and to support rent procedures, we are going to finish ite Staters, discuss the merits of each one another. It reflects Dan’s commit- this legislation one way or another— side’s policy position, and only then ment to faithfully encourage his col- perhaps as late as Monday, but we need carefully and methodically reach a leagues day in and day out. to get it done. well-considered decision. That patience My colleagues know that Senator This legislative package will make and willingness to listen and consider COATS is also a big fan of getting sure that California and the rest of the all views has served her well during her things done during votes, and he knows country get the resources we need tenure in the U.S. Senate. It is a lesson how to work a room. He has been on

VerDate Sep 11 2014 07:47 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.046 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6880 CONGRESSIONAL RECORD — SENATE December 8, 2016 the deputy whip team and helped con- the ground running. When the people of they have become a victim of slavery. sult with and helped inform our col- Louisiana needed him most, he worked So I am thankful to Senator KIRK for leagues in a way that has helped us to at every level of government to bring standing up for the victims of human actually get legislation passed by uni- them together and get the help they trafficking and taking care of and fying us. needed. Of course, just a few years prioritizing our veterans and service Suffice it to say Senator COATS is a after Katrina, Hurricane Ike pummeled men and women. true diplomat wherever he goes, and its way through the Gulf Coast of Mex- Let me close by saying thank you this Chamber has been a better, more ico before making landfall on the again to our friends Senator KIRK, Sen- civil place with him in it. Texas coast. So I have had a number of ator VITTER, Senator COATS, and Sen- I know DAN would be the first to tell opportunities to work with Senator ator AYOTTE for the indelible mark and us that his decades of public service VITTER not only on recovery efforts for contributions they made to the Senate were made possible because of the our States but to make sure our com- and my sincere appreciation for how equal partner he has in his wife Mar- munities along the coast stand ready they have faithfully served our coun- sha. They met in college. They have to help each other and particularly as try. I am grateful for their friendship been married more than 50 years, and we prepare for future storms. and wish them and their families well they are a great example to all of us. I wish him and his wife Wendy and as they tackle new ventures ahead. So thanks to Marsha and their children their entire family well as they look to I will just close by saying we have and grandchildren for sharing DAN all more adventures and more opportuni- another colleague who has been nomi- these years. ties to serve. I have no doubt he will nated to serve as Attorney General, I have a suspicion that Senator continue to take his passion for help- who still has to go through the process COATS doesn’t have it in him to step to- ing the people of Louisiana with him of confirmation and advice and consent tally away from public service, and wherever the future may lead. by the Senate. That, of course, would there has been some news and discus- MARK KIRK be the senior Senator from Alabama, sion as to whether he might be in the Finally, Mr. President, I wish to rec- Mr. SESSIONS—not to jinx him; I will running for another important posi- ognize the senior Senator from Illinois, wait until that process is concluded, tion, perhaps in the next administra- MARK KIRK. If my colleagues have no- but I will be back here speaking about tion. I know we all look forward to see- ticed Senator KIRK’s interests on the him at the appropriate time. ing where he goes next to serve our floor, they will notice a trend. In addi- With that, I suggest the absence of a country, which we know is so impor- tion to supporting measures that help quorum. tant to him. the people of Illinois, he is laser-fo- The PRESIDING OFFICER. The DAVID VITTER cused on keeping America safe. He pro- clerk will call the roll. Mr. President, I would also like to vides us a declassified situation map The assistant bill clerk proceeded to say a few words about the senior Sen- that shows us where the U.S. military call the roll. ator from Louisiana, DAVID VITTER. is engaged in fighting the War on Ter- Mr. CORNYN. Mr. President, I ask Back in the 113th Congress, in 2013, I ror in the Middle East and in Africa. unanimous consent that the order for began my tenure as the Republican He is a former member of the U.S. the quorum call be rescinded. whip, and at the same time I invited Navy, and so he has worked long and The PRESIDING OFFICER. Without Senator VITTER to serve the conference hard to strengthen our military at objection, it is so ordered. as a deputy whip. One thing we always every turn. He has been a thoughtful f know about DAVID VITTER, whether you and vocal critic of some of our Nation’s EXTENSION OF MORNING are a colleague, a staffer, or a con- biggest adversaries, like North Korea BUSINESS stituent, is that no matter what, he is and Iran. MARK has never been one to going to have thought carefully about shy away from more sanctions or Mr. CORNYN. Mr. President, I ask the issue in ways that perhaps surprise steeper penalties for those countries if unanimous consent that the Senate many of us, and when he has something it means the United States will be now be in a period of morning business, to say about an issue, it is always safer as a result. To put it simply, with Senators permitted to speak something worth listening to. I can’t MARK KIRK is a great patriot. therein for up to 10 minutes each, for say that about all of us, but certainly We all know his personal story of debate only, until 3 p.m. this after- Senator VITTER adds to the value of overcoming a stroke and his great per- noon. our deliberations every time he speaks. severance and fortitude. It really has The PRESIDING OFFICER. Is there But, of course, nothing is closer to been an inspiration to watch MARK as objection? his heart than the people of Louisiana, he has recovered from that devastating The Senator from Oregon. and what he has done diligently and stroke and continued to be an enor- Mr. WYDEN. Mr. President, reserving faithfully here is serve the people of his mously productive Senator on behalf of the right to object, I would like to have State. I have had the pleasure of work- the State of Illinois. a colloquy with my colleague. ing with him on issues we share in It has been a joy to see him turn that It is my understanding that Senator common, like coastal protection issues difficult circumstance into a rallying CARPER was interested in 5 minutes, that affect both of our States with our cry to help others get the best care and Senator MERKLEY was interested in 5 gulf coast. rehabilitation available today. minutes, I was interested in 5 minutes, Senator VITTER was sworn into office So I am personally grateful to Sen- and I think Senator ENZI was inter- the same year Hurricane Katrina ator KIRK for many things, but in par- ested in 5 minutes. struck New Orleans. As a matter of ticular I want to mention his strong Could I ask my colleague if he would fact, for a time, he and his family lit- support of anti-human trafficking leg- amend his UC so that each of those erally lived outside the Houston area islation. I joined him in Chicago a few four Senators would have 5 minutes? I because of the devastation wrought by years ago to speak with law enforce- think that would take us to about 3:10, that terrible hurricane—a storm that ment about the connections between as opposed to 3 o’clock. FEMA called the ‘‘single most cata- organized crime and sex trafficking. The PRESIDING OFFICER. The Sen- strophic natural disaster in U.S. his- MARK has never wavered from his sup- ator from Texas. tory.’’ Katrina did billions of dollars’ port for important legislation that we Mr. CORNYN. Mr. President, I would worth of damage, killed almost 2,000 passed here this last year called the like to accommodate my friend from people, left thousands without a roof Justice for Victims of Trafficking Act. Washington, but the House message over their heads, and cut the popu- He understood right from the begin- containing the continuing resolution is lation of New Orleans in half. About ning that human trafficking was essen- due here at 3 o’clock. There are a num- 100,000 of those, I am told, made perma- tially modern-day slavery, targeting, ber of procedural matters that need to nent residence in Texas, having had as it did, vulnerable children—typi- be attended to, so we will have Sen- their homes destroyed. cally a child of 12 to 14 years old who ators coming to the floor for that pur- I know Senator VITTER took this dev- has run away from home, only to find pose. I am told that after that process astation as a personal challenge. He hit themselves unable to leave because occurs, which shouldn’t take very long,

VerDate Sep 11 2014 07:47 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.047 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6881 the floor will be wide open for Senators pended on in many areas for law en- these counties. Remember, these were to speak as long as they like. forcement. Unfortunately, our col- county lands that were transferred I object to the modification. leagues have not been willing to extend back to the Federal Government to es- The PRESIDING OFFICER. Is there it. Senator MERKLEY and I, and Sen- sentially hold in trust for them. objection to the original request? ator CRAPO and Senator RISCH, in a bi- I share with my colleague the desire Without objection, it is so ordered. partisan way, have wanted to work in that we address this in a fashion that The Senator from Oregon. the Senate to get this extended, but to provides a strong foundation, a strong f put these vital county payments on the commitment to the promise made to rural America, to rural forested coun- FORESTRY POLICY back burner would be an enormous mistake. ties. As mentioned, 720 counties in 41 Mr. WYDEN. Mr. President, I am I want to yield the remainder of our States—that is a pretty significant speaking in morning business with my time to my friend and colleague, but deal across the country. We need to colleague and friend Senator MERKLEY there are really three legs to this stool: act, and we need to act now. to talk about forestry policy and to fight unfair trade practices, get the I turn this back over to my col- give the Senate a little bit of an update harvest up in a sustainable kind of league. Mr. WYDEN. Mr. President, I am on where we are because we have so fashion, and understand that you are going to wrap this up simply by saying many resource-dependent communities not going to be able to meet the needs a program like this has generated a that have been devastated as a result of hard-hit rural communities without tremendous amount of community in- of a variety of policies. I want to touch the safety net program—the Secure briefly, and then yield to Senator volvement. There are advisory commit- Rural Schools program. tees that bring the industry and envi- MERKLEY, on what some of those ele- Senator CRAPO, Senator RISCH, Sen- ronmental folks together. That is what ments are. ator MERKLEY, and I are going to keep we are going to need to get this job No. 1 is that our softwood lumber coming back here again and again until done right. It is called collaborative producers are now in a titanic battle we get it reauthorized. forestry. The Secure Rural Schools with the Canadians, fighting the Cana- I yield the remainder of our time to program is something that Senator dian system of heavily subsidizing Senator MERKLEY. their industry, thereby cutting ours. A The PRESIDING OFFICER. The Sen- MERKLEY and I want to reauthorize. It group of 25 Senators—a quarter of the ator from Oregon. is a textbook case for what you want to Senate—have joined me in an effort so Mr. MERKLEY. Mr. President, I ap- do for collaborative forestry. We didn’t even really get into forest that our trade representative pushes preciate the comments of my colleague health because we all know our forests, back and continues to fight this un- from Oregon, who, back in the year particularly in the West, are burning just, inequitable system until we no 2000, fought so hard to right a wrong. up, so Senator RISCH, Senator CRAPO, longer see Oregon and American jobs The wrong was that a variety of meas- and I went into something called fire destroyed as a result of the Canadians’ ures related to these timbered acres re- borrowing, which is an extraordinarily unfairly subsidizing their industry. duced the ability to pull as much har- inefficient policy that discourages pre- No. 2, we feel very strongly about vest off as in the past. Part of that was vention with respect to fire. getting the harvest up in a sustainable the fact that there was simply a lot of We are going to be back to talk about fashion. We know there is an awful lot second growth that wasn’t ready to be the nuts and bolts of sensible forest of work to do in the woods. We can do cut yet. Another was a variety of rules policy. We need to build on this col- it with an environmental ethic, with related to environmental protections, laborative effort, as we have sought to an ethic of forest health, and I strongly to forest fire prevention. There were a do in our O&C bill—the bill that Sen- support that. I have introduced legisla- whole series of things. ator MERKLEY and I have been involved tion to do that in my home State and The bottom line is that these coun- with—which will double the harvest, on have been supportive of colleagues’ ef- ties, which originally had these lands average, for the next 50 years, accord- forts to do it in their parts of the coun- before they transferred them to Fed- ing to the experts. We want it to be un- try. eral Government for safekeeping, are derstood that we are going to be fight- The reality is—and the Forest Serv- dependent upon revenue from the tim- ing on a number of fronts. We will fight ice has said this—you would have to in- ber sales on these lands. My colleague with respect to the trade policy, which crease logging on our public lands by pointed out that those timber sales is long overdue, as it relates to getting 400 percent in order to no longer need a simply can can’t operate at the same a fair shake for our softwood lumber third leg of the forestry stool, which is level to provide the resources those producers and value-added forestry. We the Secure Rural Schools program. counties operated on. Much as with are going to focus on collaborative ap- I want it understood that we are Payments in Lieu of Taxes, or the proaches and get the harvest up in a going to push back against inequitable PILT program, we stepped in—my col- sustainable way. trade practices that are hurting jobs in league stepped in and led the effort to Senator MERKLEY has talked about rural Oregon and rural America. We honor the promise made to those coun- the promise of Secure Rural Schools, are going to support increasing the ties. We have been doing so now for 16 and I feel it is very regrettable that harvest in a sustainable fashion, but years. when Senator CRAPO and Senator RISCH there is no realistic increase that One of the challenges that has tried to convince the other side of the might possibly win passage here in emerged is that we reauthorize it only aisle to accept Secure Rural Schools Washington and be upheld legally that for a short period of time. We say we now, we couldn’t get it done. involves taking the harvest up to 400 will still honor the promise but only I think anybody who knows us knows percent. You are going to need a safety for a year or only for 2 years, which we are persistent, and you don’t get net. means the counties never know what is anything important done without bi- Senator MERKLEY and I, Senator going to be coming. They are really partisan support. That is the way we CRAPO, Senator RISCH, and many col- caught in limbo. Because they are will approach our forestry policy in the leagues on both sides of the aisle have rural counties—they don’t have a great days ahead. fought to get this program, which has I yield the floor. amount of manufacturing; a lot of the I suggest the absence of a quorum. now expired, extended for one more counties don’t have a lot of farmland— The PRESIDING OFFICER. The year. This program began in 2000 as a they are really dependent upon the for- clerk will call the roll. result of a bipartisan piece of legisla- est industry as the heart of their econ- The senior assistant legislative clerk tion, which Senator Craig and I au- omy. This is very important to them. proceeded to call the roll. thored, called the Secure Rural Schools We need to honor the promise to Mr. MCCONNELL. Mr. President, I bill. It now benefits more than 700 these counties, just as we have through ask unanimous consent that the order counties, and we see it benefiting com- the PILT program. It is a situation we for the quorum call be rescinded. munities all over the country. This can debate at whatever level that The PRESIDING OFFICER (Mr. CAS- program is depended on for education. should be, but it needs to be a long- SIDY). Without objection, it is so or- It is depended on for roads. It is de- term commitment to this promise to dered.

VerDate Sep 11 2014 04:54 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.051 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6882 CONGRESSIONAL RECORD — SENATE December 8, 2016 CONTINUING RESOLUTION AND ment to the Senate amendment to H.R. 2028 The amendment is as follows: WRDA with an amendment numbered 5139. Strike ‘‘3 days’’ and insert ‘‘4 days’’. Mr. MCCONNELL. I ask unanimous Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. I ask for the yeas consent that the reading of the amend- would like to call everybody’s atten- and nays on my amendment. tion to the House vote that just oc- ment be dispensed with. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Is there a curred on the continuing resolution sufficient second? and on the WRDA bill. The continuing objection, it is so ordered. The amendment is as follows: There is a sufficient second. resolution passed 326 to 96; 208 Repub- At the end add the following: The yeas and nays were ordered. licans voted for it and 33 voted against ‘‘This act shall be effective 1 day after en- AMENDMENT NO. 5143 TO AMENDMENT NO. 5142 it. On the Democratic side, 118 Demo- actment.’’ Mr. MCCONNELL. Mr. President, I crats voted for it and only 63 voted Mr. MCCONNELL. Mr. President, I have a second-degree amendment at against it. ask for the yeas and nays on the mo- the desk. The WRDA bill passed 360 to 61. Re- tion to concur with the amendment. publicans voted for it 222 to 17; Demo- The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there a clerk will report. crats voted for it 138 to 44. The House sufficient second? has clearly—with two overwhelming The senior assistant legislative clerk There is a sufficient second. read as follows: votes—sent us the last two measures The yeas and nays were ordered. The Senator from Kentucky [Mr. MCCON- that we need to deal with here before AMENDMENT NO. 5140 TO AMENDMENT NO. 5139 we wrap up this Congress and head NELL] proposes an amendment numbered 5143 Mr. MCCONNELL. Mr. President, I to amendment No. 5142. home for the holidays. have a second-degree amendment at The amendment is as follows: f the desk. ENERGY AND WATER DEVELOP- The PRESIDING OFFICER. The Strike ‘‘4’’ and insert ‘‘5’’. MENT AND RELATED AGENCIES clerk will report. APPROPRIATIONS ACT, 2016 The senior assistant legislative clerk f Mr. MCCONNELL. Mr. President, I read as follows: The Senator from Kentucky [Mr. MCCON- GEORGE P. KAZEN FEDERAL ask the Chair to lay before the body BUILDING AND UNITED STATES the message to accompany H.R. 2028. NELL] proposes an amendment numbered 5140 to amendment No. 5139. COURTHOUSE The Presiding Officer laid before the Senate the following message from the Mr. MCCONNELL. I ask unanimous Mr. MCCONNELL. Mr. President, I House of Representatives: consent that the reading of the amend- ask the Chair to lay before the body Resolved, That the House agree to the ment be dispensed with. the message to accompany Calendar amendment of the Senate to the bill (H.R. The PRESIDING OFFICER. Without No. 65, S. 612. 2028) entitled ‘‘An Act making appropria- objection, it is so ordered. The Presiding Officer laid before the tions for energy and water development and The amendment is as follows: Senate the following message from the related agencies for the fiscal year ending Strike ‘‘1 day’’ and insert ‘‘2 days’’. House of Representatives: September 30, 2016, and for other purposes.’’, MOTION TO REFER WITH AMENDMENT NO. 5141 with an amendment. Resolved, That the bill from the Senate (S. Mr. MCCONNELL. Mr. President, I 612) entitled ‘‘An Act to designate the Fed- MOTION TO CONCUR move to refer the House message on eral building and United States courthouse Mr. MCCONNELL. Mr. President, I H.R. 2028 to the Committee on Appro- located at 1300 Victoria Street in Laredo, move to concur in the House amend- priations with instructions to report Texas, as the ‘George P. Kazen Federal ment to the Senate amendment on back forthwith with an amendment Building and United States, Courthouse’.’’, H.R. 2028. numbered 5141. do pass with an amendment. CLOTURE MOTION The PRESIDING OFFICER. The MOTION TO CONCUR Mr. President, I send a cloture mo- clerk will report. Mr. MCCONNELL. Mr. President, I tion to the desk on the motion to con- The senior assistant legislative clerk move to concur in the House amend- cur. read as follows: ment to S. 612. The PRESIDING OFFICER. The clo- The Senator from Kentucky [Mr. MCCON- CLOTURE MOTION ture motion having been presented NELL] moves to refer the House message to Mr. MCCONNELL. Mr. President, I under rule XXII, the Chair directs the accompany H.R. 2028 to the Committee on Appropriations with instructions to report send a cloture motion to the desk on clerk to read the motion. the motion to concur. The senior assistant legislative clerk back forthwith with an amendment num- The PRESIDING OFFICER. The clo- read as follows: bered 5141. ture motion having been presented CLOTURE MOTION The amendment is as follows: At the end add the following: under rule XXII, the Chair directs the We, the undersigned Senators, in accord- clerk to read the motion. ance with the provisions of rule XXII of the ‘‘This act shall be effective 3 days after en- Standing Rules of the Senate, do hereby actment.’’ The senior assistant legislative clerk move to bring to a close debate on the mo- Mr. MCCONNELL. Mr. President, I read as follows: tion to concur in the House amendment to ask for the yeas and nays on my mo- CLOTURE MOTION the Senate amendment to Calendar No. 96, tion. We, the undersigned Senators, in accord- H.R. 2028, an act making appropriations for The PRESIDING OFFICER. Is there a ance with the provisions of rule XXII of the energy and water development and related sufficient second? Standing Rules of the Senate, do hereby agencies for the fiscal year ending Sep- There is a sufficient second. move to bring to a close debate on the mo- tember 30, 2016, and for other purposes. The yeas and nays were ordered. tion to concur in the House amendment to Mitch McConnell, Roger F. Wicker, Orrin AMENDMENT NO. 5142 Calendar No. 65, S. 612, an act to designate G. Hatch, Johnny Isakson, John Cor- the Federal building and the United States Mr. MCCONNELL. Mr. President, I nyn, Thad Cochran, Mike Crapo, Pat courthouse located at 1300 Victoria Street in Roberts, Bill Cassidy, John Hoeven, have an amendment to the instruc- Laredo, Texas, as the ‘‘George P. Kazen Fed- John Barrasso, Thom Tillis, John tions. eral Building and United States Court- Boozman, John Thune, Daniel Coats, The PRESIDING OFFICER. The house.’’ Marco Rubio, Roy Blunt. clerk will report. James M. Inhofe, Roger F. Wicker, Orrin MOTION TO CONCUR WITH AMENDMENT NO. 5139 The senior assistant legislative clerk G. Hatch, Johnny Isakson, John Cor- Mr. MCCONNELL. Mr. President, I read as follows: nyn, Thad Cochran, Mike Crapo, Pat move to concur on the House amend- The Senator from Kentucky [Mr. MCCON- Roberts, Bill Cassidy, John Hoeven, ment to the Senate amendment to H.R. NELL] proposes an amendment numbered 5142 John Barrasso, Thom Tillis, John 2028, with a further amendment. to the instructions of the motion to refer the Boozman, John Thune, Daniel Coats, The PRESIDING OFFICER. The House message to accompany H.R. 2028. Marco Rubio, Mitch McConnell. clerk will report. Mr. MCCONNELL. I ask unanimous MOTION TO CONCUR WITH AMENDMENT NO. 5144 The senior assistant legislative clerk consent that the reading of the amend- Mr. MCCONNELL. Mr. President, I read as follows: ment be dispensed with. move to concur in the House amend- The Senator from Kentucky [Mr. MCCON- The PRESIDING OFFICER. Without ment to S. 612, with a further amend- NELL] moves to concur in the House amend- objection, it is so ordered. ment.

VerDate Sep 11 2014 07:43 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.074 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6883 The PRESIDING OFFICER. The The Senator from Kentucky [Mr. MCCON- faith, have been fortunate to have DAN clerk will report. NELL] proposes an amendment numbered 5147 to rely on. He has been a steady and de- The senior assistant legislative clerk to the instructions of the motion to refer the pendable force for taking better care of read as follows: House message to accompany S. 612. our Nation’s finances and keeping a The Senator from Kentucky [Mr. MCCON- Mr. MCCONNELL. I ask unanimous close watch on our security. NELL] moves to concur in the House amend- consent that the reading of the amend- Last year, after a great deal of pray- ment to S. 612 with an amendment numbered ment be dispensed with. er and thought and consideration, DAN 5144. The PRESIDING OFFICER. Without did announce that he would not be run- Mr. MCCONNELL. I ask unanimous objection, it is so ordered. ning for another term in the Senate. It consent that the reading of the amend- The amendment is as follows: was a decision he made once again with ment be dispensed with. Strike ‘‘3 days’’ and insert ‘‘4 days’’. the people of his home State in mind. The PRESIDING OFFICER. Without Mr. MCCONNELL. I ask for the yeas He has always been determined to have objection, it is so ordered. and nays on my amendment. the best representatives in place to The amendment is as follows: The PRESIDING OFFICER. Is there a serve the people of Indiana and address At the end add the following: sufficient second? those issues that most concerned him. ‘‘This act shall be effective 1 day after en- There is a sufficient second. With that in mind, DAN announced actment.’’ The yeas and nays were ordered. that he believed ‘‘the time has come to Mr. MCCONNELL. I ask for the yeas AMENDMENT NO. 5148 TO AMENDMENT NO. 5147 pass this demanding job to the next and nays on the motion to concur with Mr. MCCONNELL. Mr. President, I generation of leaders.’’ We will miss the amendment. have a second-degree amendment at DAN. We will miss his background and The PRESIDING OFFICER. Is there a the desk. experience. We will miss his reason- sufficient second? The PRESIDING OFFICER. The able, appropriate, and well-timed com- There is a sufficient second. clerk will report. ments and his ability to get results. I The yeas and nays were ordered. The senior assistant legislative clerk look forward to his next challenge or AMENDMENT NO. 5145 TO AMENDMENT NO. 5144 read as follows: adventure and know he will continue Mr. MCCONNELL. Mr. President, I The Senator from Kentucky [Mr. MCCON- to look out for what is best for our Na- have a second-degree amendment at NELL] proposes an amendment numbered 5148 tion and our people. the desk. to amendment No. 5147. DAN has been a great source of The PRESIDING OFFICER. The The amendment is as follows: strength and support for our party and he will be missed. To you, DAN, Diana clerk will report. Strike ‘‘4’’ and insert ‘‘5’’. The senior assistant legislative clerk and I join in sending our best wishes The PRESIDING OFFICER. The Sen- read as follows: and our appreciation to you and Mar- ator from Wyoming. The Senator from Kentucky [Mr. MCCON- sha. Together, you have been great ex- TRIBUTE TO DAN COATS NELL] proposes an amendment numbered 5145 amples of the importance of public to amendment No. 5144. Mr. ENZI. Mr. President, as this ses- service. The organization you founded, sion of Congress draws to a close, it Mr. MCCONNELL. I ask unanimous the Foundation for American Renewal, consent that the reading of the amend- provides us with an opportunity to ac- and the Project for American Renewal ment be dispensed with. knowledge and express our apprecia- that you created have helped you to The PRESIDING OFFICER. Without tion to those Members of the Senate focus on and work toward solutions to objection, it is so ordered. who will be retiring in a few weeks. many of our problems. The amendment is as follows: One of those who will be retiring and That is also a part of our legacy and Strike ‘‘1 day’’ and insert ‘‘2 days’’. will be greatly missed is DAN COATS of why you will continue to receive the MOTION TO REFER WITH AMENDMENT NO. 5146 Indiana. DAN has had an interesting ca- recognition you deserve. You have also reer and through his more than 15 Mr. MCCONNELL. Mr. President, I been a part of a number of community move to refer the House message on S. years in the Senate has made a dif- and volunteer organizations. For these 612 to the Committee on Environment ference. and so many more reasons, we thank and Public Works with instructions to He has been a reliable vote for the you and Marsha for devoting so much report back forthwith with an amend- best interests of his home State and of your life to making our Nation a ment numbered 5146. the future of the Nation, and he leaves better place to live. You certainly The PRESIDING OFFICER. The behind a legacy of which he should be achieved that goal and we wish you clerk will report. very proud. DAN’s first years of service both the best. The senior assistant legislative clerk in the Congress began in 1981, when he TRIBUTE TO BARBARA MIKULSKI read as follows: served in the House of Representatives. Mr. President, I also want to take He was then appointed to the United The Senator from Kentucky [Mr. MCCON- some time today to speak about the NELL] moves to refer the House message on States Senate when Dan Quayle was senior Senator from Maryland, BAR- S. 612 to the Committee on Environment and elected Vice President. BARA MIKULSKI. In the years to come, Public Works with instructions to report He served in the Senate from 1989 to Senator MIKULSKI will be known for a back forthwith with an amendment num- 1999, when his self-imposed term-limit lot of things that made her years of bered 5146. pledge brought to an end his first years service to the people of Maryland quite The amendment is as follows: in the Senate. It was not long there- remarkable. It will always be men- At the end add the following: after that DAN was again asked to tioned that she has been the longest ‘‘This act shall be effective 3 days after en- serve, this time as Ambassador to Ger- serving woman in the history of the actment.’’ many. United States Congress. Mr. MCCONNELL. Mr. President, I He arrived in Germany and took up Although that is important, Senator ask for the yeas and nays on my mo- his service there just before our Nation MIKULSKI did not come to Washington tion. experienced the tragic event of Sep- to see how long she could stay. She The PRESIDING OFFICER. Is there a tember 11. Our relationship with our came here to see how much of a dif- sufficient second? allies took on prime importance after ference she could make. In the end, she There is a sufficient second. that, and we were fortunate to have served for so many years because of The yeas and nays were ordered. DAN abroad to maintain our strong what she was able to do with her time AMENDMENT NO. 5147 friendship with the German Govern- in the House and then in the Senate. Mr. MCCONNELL. Mr. President, I ment and people. The people of Maryland have such a have an amendment to the instruc- Several years later, the Indiana Sen- strong affection for Senator MIKULSKI tions. ate seat was open again, and DAN took because they always felt like she was The PRESIDING OFFICER. The up the challenge to run again to serve one of them. She never lost touch with clerk will report. the people of his home State in the the people back home. The senior assistant legislative clerk Senate. The people of Indiana and our Her family name was well known to read as follows: Nation, conservatives and people of the people in her neighborhood because

VerDate Sep 11 2014 07:47 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.085 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6884 CONGRESSIONAL RECORD — SENATE December 8, 2016 her parents ran a grocery store. Every low-income housing in Jackson, one of then returned home to Nevada and morning they opened their store early the rich areas of our State. With her took up what would be his lifelong am- so people could stop by to pick up support, we got that done and made bition, serving the people of his home something before they headed off to sure there was a mix in the community State. work. of different occupations and people. It wasn’t long before HARRY had In that, and so many other ways, her Her reputation has been to not only served in Nevada’s State legislature family played an important role in the help the Members of the Senate with and on the Nevada Gaming Commis- day-to-day life of their neighborhood whom she has served, it also helped sion. When the opportunity presented and her neighbors never forgot that. serve to encourage the women of Mary- itself, he served in the House and then When the opportunity came for Sen- land to get active and involved in the moved on to the Senate. ator MIKULSKI to run for a seat in the work that must be done to make her He didn’t win every election, but House representing Baltimore, she home State and our Nation better each disappointment only served to didn’t hesitate. She took her case to places to live. In a very real sense, her make him more determined to make a the people and they liked what they leadership skills have inspired the next difference for the people of his State. heard. She won what was to be the first generation of Maryland’s leaders. His statistics are impressive—more of a long series of elections, each of Now Senator MIKULSKI is leaving the than 30 years in Congress, serving which she won easily and impressively. Senate after having made a difference under five Presidents, and being a part Senator MIKULSKI has a number of in- and leaving her mark on the history of of both the minority and majority. And terests, and one of the things I am sure Congress. One of the key things she all the time, HARRY has found ways to she enjoyed about Congress has been will be remembered for is her tireless pursue and support agendas to benefit her ability to take up a number of support of NIH. I know they will miss the people of Nevada. those issues to make a difference in her and her commitment to the prin- One of my favorite memories will al- people’s lives. In everything she has ciples and values that guided her ways be the work HARRY, and I did to done, she has always found a way to through her career, from her service on enable the LDS Church to purchase a help the people back home. A key ex- the Baltimore City Council to her work site that has a great deal of historic ample of that is her fight over ‘‘the in the House of Representatives and significance to them. The legislation road.’’ The battle dates back to 1966 then the Senate. She made a difference had already passed the House, but was when BARBARA was a social worker in everywhere she served. For that reason stuck in the Senate as some concerns Baltimore. The city council proposed and for many more, she will never be were raised. HARRY knew what he need- building a highway to connect down- forgotten. ed to do to make it possible for the bill town Baltimore to its suburbs, a plan My wife Diana and I join in sending to clear the Senate, and together, we that BARBARA worried would cause Pol- our best wishes to Senator MIKULSKI figured out a way to make it happen. ish Americans, African Americans, and for her years of service. Now that her Today Martin’s Cove is a popular site lower income residents to lose their Senate adventure has come to an end, that draws large crowds every year. homes. As is her way, BARBARA sprung she will undoubtedly come up with This is one of those moments most of to action by forming a community more challenges to pursue in the years us thought would never happen. It group of opposition. The road was to come. I am hoping these plans might seemed like HARRY REID would always blocked. BARBARA wound up on the city include a followup to her mystery be in the Senate. He has not only left council, and the area where the road novel that was set in the Senate. We a remarkable record, he also seems to was supposed to be built is now one of are looking forward to seeing what the be the last of an era. I have no doubt Baltimore’s biggest draws. next chapter of her life may include. those who will take up his position in As far as her work in the Senate Good luck to these fellow Senators. the years to come will do a good job goes, one of her many legislative vic- TRIBUTE TO HARRY REID and get results, but they will never do tories that I will long remember is Mr. President, at the end of each it ‘‘like HARRY did.’’ He will forever work she did on something that came Congress, the Senate tradition is to stand as a unique mix of personality, to be known as Rosa’s Law. Rosa was a pause for a moment to share our character, history, and background. 9-year-old young lady who was diag- thoughts about those Senators who Diana joins in sending our best wish- nosed with Down syndrome. Her moth- will be retiring when the final gavel es to HARRY and his wife, Landra. To- er was well aware of what a hurtful brings the session to a close. One of gether they have been quite a team and label things like ‘‘mental retardation’’ those senators who will be leaving the have accomplished a great deal. We and ‘‘mentally retarded’’ were to those Senate is HARRY REID. Senator REID is didn’t always agree on the issues, but who saw them in the Federal laws that quite a remarkable individual, and his one thing can be said: If you had a were written to help them. BARBARA story should be read and considered by tough battle before you and you needed knew there was only one solution to students of government and history—of someone by your side who wouldn’t this problem and that was to eliminate all ages. give up until the battle was won, those terms from Federal law. Over the years, I have spent some HARRY was the kind of guy you would I was pleased to able to help in the time with HARRY at prayer breakfasts want in the fight. If you were on the effort to pass that bill, seeing how and listened to his reflections on his other side of an issue, you would al- much it meant not only to Rosa and life—personally and politically. He has ways prefer someone like HARRY would her family but to Senator BARBARA MI- lived a life that few would ever believe not be opposing you. KULSKI. Our work on that bill will stay to be possible. Thank you for your service, HARRY. with me and will be a reminder of the HARRY makes for a great example of You have left an example that will in- reason we work so hard to pass legisla- how to take your life and make the spire and encourage others in the years tion and answer the needs of the people most of it. He was born in a small to come. Whenever faced with an im- back home. cabin that offered few of life’s com- possible task, people will remember In the end, it is all about making forts, but he didn’t complain about it. you and realize that with some cre- lives better. That is something BAR- He took what he was given in life and ativity, determination and an under- BARA has done every day of her service worked to make things better. standing of the rules of the Senate, in Congress. As the longest serving As a young man, he served as the stu- much can be done. woman in Congress, she has continued dent body president of his high school TRIBUTE TO BARBARA BOXER to earn the title of ‘‘Dean of Senate and drew the notice of his teachers and Mr. President, at the end of each Women.’’ She has been a mentor and his boxing coach. He attended Utah Congress, the Senate takes a moment source of good advice to her colleagues State University, and his next stop was to express our appreciation and ac- who appreciated being able to ask for George Washington University—my knowledge the efforts of those Mem- her opinion and her guidance on their alma mater—where he worked to earn bers who will be retiring in just a few work on the Senate. a law degree. To make that possible, weeks. This year one of our colleagues She certainly helped me when I was a HARRY needed a job, and so he worked who will be returning home is Senator new Senator and was advocating for as a U.S. Capitol Police officer. HARRY BARBARA BOXER.

VerDate Sep 11 2014 07:52 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.090 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6885 BARBARA will be leaving us after a TRIBUTE TO MARK KIRK goal could not have been more clear to career of over 30 years in the House and Mr. President, when the current Con- those of us who watched him climb the Senate. During her service, she has im- gress is brought to a close with the stairs. pressed all those with whom she has banging of the gavel, several Members The stroke that affected him phys- worked with the strength of her views, will be departing our Senate commu- ically also had an impact on his per- her courage, and her determination to nity. Whatever they will be doing after sonal outlook on life. When he was fight for the things in which she truly closing this chapter of their lives, we able, he wrote of his experience, ‘‘I was believes. Regardless of the cir- wish them well and share with them once a pessimist. I’m not that man cumstances that drew her into each our great appreciation for their will- anymore. And that change, brought legislative battle, she has always held ingness to serve and make a difference about by misfortune, is the best thing true to the principles that have guided over the years. that ever happened to me.’’ her in her life. MARK KIRK, one of our current sen- I have enjoyed the opportunity to come to know MARK over his Wash- For BARBARA, her early career work ators from Illinois, has left a mark on ington years, and I wish he were going as a stockbroker soon found her head- the Congress that will not soon be for- to stay with us so we could continue to ing to California with her husband gotten. He has served with great dis- follow his life as he works on his goals, after he had completed his work in law tinction, and he has made a difference dreams, ambitions, and efforts to keep school. She then got interested in poli- in the Senate. MARK’s time in Washington began us safe. tics and became a strong voice for the MARK, Diana joins me in sending our political views of the people who re- when the people of Illinois voted to send him to the House of Representa- best wishes and our appreciation for sided in the area she now called home. your willingness to serve. You have a Her constituents liked what they heard tives. He represented their interests in that Chamber from 2001–2010. In 2010, record of which you should be very from BARBARA—and the way she ex- proud—just as proud as we are of you. MARK ran for and won an open Senate pressed her views on the issues and pro- You leave having made a difference far posals she wanted to work on. seat. When he was sworn in, he brought with him what had earned him the beyond your years of service. Her style of speaking soon became TRIBUTE TO KELLY AYOTTE her trademark in Congress. She has a trust and support of the people back home throughout his years in the Mr. President, at the end of each convincing way of presenting her case, Congress, it is a tradition for the Sen- and that is one reason why it was al- House—an independent streak and an open mind to everything that drew his ate to pause for a moment to acknowl- ways good to be on her side. She calls edge and express our appreciation for it speaking ‘‘extremely candid and interest and captured his attention. The statistics of the past 6 years bear the service of each Senator who will straight from the shoulders, and not to that out. Whatever came before the not be returning for the next session. be mealy-mouthed or waffle.’’ Anyone Senate gave MARK reason to review One of those we will miss next year who has had a chance to come to know each issue considering the best inter- will be KELLY AYOTTE of New Hamp- her—or to tackle an issue either with ests of the people of his state. He shire. her or opposed to her—knows how ac- During the past 6 years, those of us wasn’t always found exclusively on one curate that description is. who had a chance to come to know and side of the aisle or the other when it Right after the tragedy of 9/11, I work with KELLY have been impressed came time to vote. joined BARBARA as ranking member of During his years of service in the with her dedication to the people of her home State, her involvement with the the subcommittee she chaired regard- Senate, two issues that particularly issues of concern to them, and her will- ing terrorism financing. I was proud to drew his attention were Iran and the ingness to work with members on both join her in that work, and I have appre- treatment of our Nation’s veterans. ciated the significant role she has sides of the aisle to find solutions to MARK has been focused on Iran and the problems and concerns of the peo- played on a number of highway bills, what our Nation should be doing to en- which are important to both of our ple of New Hampshire and America. sure that Iran’s threat to the Middle There were at least three key steps home states. East and other nations is minimized. that brought KELLY to the Senate after Over the years, there have been some He has been tireless in keeping watch other issues that we could discuss and she earned her law degree from over their potential nuclear program. Villanova. First, she spent a year work on with an eye towards com- As chairman of the Appropriations promise. For each of us, however, there clerking for the New Hampshire Su- Subcommittee on Military Construc- preme Court. Then she spent the next were other issues that were of such im- tion and Veterans Affairs, MARK has fo- portance to our constituents it would part of her career in private practice. cused on ensuring that those veterans The third step brought her into the have been hard for either of us to move who retired from duty with medical too far from the path that we had been State attorney general’s office and issues have received the care they then on to serve as New Hampshire’s following from our early days in poli- needed to recover and live better, more tics. attorney general. When Senator Judd healthful lives. This was an interest Gregg announced his retirement, BARBARA and I both have a strong that stemmed from his service in the KELLY knew the time was right for her touch of the West in our hearts that we Navy Reserve from 1989–2013 and is yet to pursue another goal. She decided to express every day in everything we do. another way for MARK to make a dif- run for the Senate. That is why I was not surprised when ference in the lives of those who had It wasn’t easy, but those who doubted she mentioned as she spoke about her served our nation. her underestimated KELLY’s innate po- retirement that she felt that it was Before I close, I must recognize the litical sense and her ability to reach time for her to return home—as she challenge MARK overcame by recov- the people of New Hampshire. In the said so well—‘‘to the state I love so ering from a stroke during his Senate end she brought about a closely fought much, California.’’ service. It was a long and difficult road but well-earned victory in the primary BARBARA, Diana joins me in sending back to the Senate so he could again and a big win in the general election. our congratulations for your hard work represent the people of his home State, KELLY came to Washington in 2010 and your dedication to your home but MARK persevered. All told, it took and started working right away on a State. You have left your mark here in him a year before he was strong enough number of issues that she knew were a Congress, and I think it is safe to say to return to Washington on a perma- concern to the people back home. She you will not be forgotten. Thanks nent basis. made it clear that she would fight for again for your willingness to serve and One moment I will always remember what was best for the people of her work so hard for what you believe in. is the day he came back to the Senate, home State and worked hard on na- You have helped to encourage and in- walking the steps with Vice President tional security, veterans issues, health spire the next generation of leaders JOE BIDEN and West Virginia Senator care, and substance abuse. She has also from your State. In that way and so JOE MANCHIN. The courage, determina- been a tireless advocate and an out- many others, you have made a dif- tion and step by step success MARK standing partner for me on the Budget ference. made in achieving another difficult Committee.

VerDate Sep 11 2014 07:52 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.042 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6886 CONGRESSIONAL RECORD — SENATE December 8, 2016 I am sad to see KELLY leave the Sen- Now DAVID has decided to end his has been one of our best partners in the ate at the end of this year, but if her Senate career and take on some new administration. past is any indication of her future, I challenges. I have no doubt that his All of us were glad to be able to think she will make good use of her skills and his background will lead him honor JOE and his son, Beau Biden, by talents, abilities, background, knowl- down a new path to help the people of naming the cancer section of 21st Cen- edge, and experience in her future en- Louisiana. I wish him well and look tury Cures Act after Beau. I expect JOE deavors. I hope it is in some part of our forward to seeing what he will do. will continue to be a voice for ending government. There is no doubt that we DAVID, Diana joins me in sending our cancer, and I hope to work with him need good people like KELLY to make best wishes and our appreciation for towards that cause. this a better country for us all. your service, as well as that of your JOE, Diana and I send our best to I have a prediction to make about family. Together with Wendy, you were you, Jill and your family. You have her future—we haven’t seen the last of able to make a difference that will last served the people of Delaware and the KELLY AYOTTE. She has a lot more to for a long time in the Senate and in people of the United States with dis- give, and I think we are all looking for- Louisiana. It is good to know you tinction. ward to seeing it. won’t be far away and we can get in I yield the floor. KELLY, Diana joins me in sending our touch with you whenever we need your The PRESIDING OFFICER. The Sen- best wishes to you and your family, advice. ator from Maine and our appreciation for your willing- TRIBUTE TO VICE PRESIDENT JOE BIDEN SENIOR$AFE ACT ness to serve New Hampshire and the Mr. President, today I wish to recog- Ms. COLLINS. Mr. President, at the Nation. There are countless sayings nize the service of a former colleague end of a Congress, we all know how about how politics isn’t for anyone but and our current Vice President, JOE easy it is for just one Senator to block the brave and the resilient. I think BIDEN. a bill. I rise today to express my great your experience, especially this past JOE was born in Pennsylvania, but disappointment that we have been un- year, has shown that you are more moved with his family to Delaware able to overcome objections from just than tough enough for any career chal- when he was 13. He left Delaware for one Senator from the other side of the lenge. Good luck in whatever you brief stints at St. Helena School and aisle who is blocking the passage of choose to do next. Clearly, you spe- Syracuse University Law School, but legislation called the Senior$afe Act cialize in making the world a better he has always returned to Delaware, that is designed to help protect our place and that is a win/win for us all— including the daily trips he made home seniors from financial fraud and exploi- especially our children and grand- during his Senate career and the reg- tation. This is a bill I introduced with children. ular trips he makes home to this day. my colleague, Senator CLAIRE MCCAS- TRIBUTE TO DAVID VITTER Because of his devotion to Delaware, KILL, as a result of extensive hearings Mr. President, each year at the end JOE quickly got his start in politics, and investigations that we have con- of the Congress, it has been a tradition first on the New Castle County Council ducted in the Senate Aging Committee. for the Senate to pause for a moment and then in the U.S. Senate, where he A companion bill passed the House on a to express our appreciation for the became the fifth-youngest U.S. Senator voice vote. service of those Members who will be in history in 1972. He also has the dis- Nationally, as many as 5 million sen- retiring. One of those who will be leav- tinction of being Delaware’s longest iors may be victims of financial abuse ing this year is DAVID VITTER. serving Senator. annually. Stopping this tsunami of DAVID will be a loss for my party’s I worked with JOE on many different fraud has been one of the top priorities membership in the next Congress be- issues during his time in the Senate of the Senate Aging Committee. cause he was a hard worker and we and served on the Foreign Relations In the many hearings we have held could always count on him for his sup- Committee when he was our Chairman. on this issue, what we found is that port of our conservative positions. JOE is known as a foreign affairs ex- scammers seek to gain the trust and Simply put, he made the most of the pert, and he has many reasons to be active cooperation of their victims, terms he served and made an impor- proud of the work he’s done in that who are usually older Americans. With- tant difference on a number of issues. area. One of those things that we out that trust and cooperation, their Over the years, DAVID would study schemes would fail. Unfortunately, sen- each bill in Committee and on the floor worked on together was the President’s iors often do not see the red flags that carefully to determine how those who Emergency Plan for AIDS Relief. signal that fraud is likely involved in would fall under its provisions would I remember being at the 2003 State of these sophisticated schemes. Some- be affected. He had a good sense of the Union speech when President Bush times seniors are simply too nice, too what needed to be strengthened or said, ‘‘We’re going to put $15 billion tweaked to make legislation more ef- into an AIDS effort.’’ That shocked all trusting. In other sad cases, they may fective and less costly. The people of of us who were there. It was a lot of suffer from diminished capacity. But Louisiana and the Nation have had a money. But we worked together to de- just as often, they miss these flags be- friend in him, and they greatly appre- velop a bill that passed the House and cause the swindlers who prey upon ciated how well he looked out for them. Senate unanimously. them are extremely crafty and they One issue that drew DAVID’s and my JOE managed the floor when we reau- know how to sound convincing. Any of attention was Obamacare. We both had thorized that program in 2008, and we us who have received these calls at a lot of concerns about how it would worked with Senators Coburn, BURR, home know how persuasive and per- work and whether or not it would pro- and Lugar to develop that reauthoriza- sistent these con artists can be. vide the kind of care its supporters tion. At the time, JOE suggested histo- Whatever the reason, a warning sign promised. That is one of the reasons rians will regard PEPFAR as President that can slip by a victim might trigger why I hate to see him leave. We have a Bush’s ‘‘single finest hour,’’ and I tend a second look by a financial services lot of work to do on health care, and to agree. A few years ago, I visited the representative who is trained to spot DAVID would have been someone who Kasisi Orphanage in Zambia. We were common scams and who knows enough could help with the heavy lifting. told that before PEPFAR, they had to about a senior’s habits to question a DAVID also chaired the Small Busi- bury 18 kids a month that died of transaction that just doesn’t look ness Committee in this Congress and AIDS, but because of PEPFAR, they right. In our work on the Senate Aging was able to put forward some ideas to got that down to one a month. I know Committee, we have heard of so many preserve jobs and businesses. I have JOE shares my pride in the difference cases where an alert bank teller or been proud to work with him in that that program is making. credit union employee on the frontlines effort. We were all a little sad to see JOE has stopped a financial fraud in its In short, Senator VITTER has had a move to the White House in 2009, when tracks, saving seniors untold thou- remarkable career and has done his he became our 47th Vice President. sands of dollars. In fact, the Govern- best to serve the people of his State Lucky for us, he has been able to keep ment Accountability Office estimates and champion the issues that were of his ties to the Senate in his role as that our seniors lose an astonishing importance to them. President of this body, and I think he $2.9 billion a year to this kind of fraud,

VerDate Sep 11 2014 05:08 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.046 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6887 and that is probably the tip of the ice- The Maine program also serves as a sure, given its broad bipartisan sup- berg because many times this fraud is template for model legislation devel- port, would pass overwhelmingly. I never reported. oped for adoption by the North Amer- hope the Senator in question will re- I will give an example. Earlier this ican Securities Administrators Admin- consider and allow us to send this im- year, an attorney in the small coastal istration, which is known as NASAA. portant bill to the President for his city of Belfast, ME, was sentenced to 30 The Senior$afe Act and this model signature. months in prison for bilking two older State legislation are complementary There being no objection, the mate- female clients out of nearly half a mil- efforts, and I am very pleased that the rial was ordered to be printed in the lion dollars over the course of several association of securities administra- RECORD, as follows: years. The lawyer’s brazen theft was tors has endorsed our bill. LEGAL SERVICES FOR THE ELDERLY, uncovered when a local bank teller no- As I mentioned, the House Financial ticed that he was writing large checks FREE LEGAL HELP FOR MAINE’S Services Committee approved our com- SENIORS, to himself from his clients’ accounts. panion bill by a vote of 59 to 0 in June, December 5, 2016. When confronted by authorities, he of- and it passed the House by a voice vote Re Senior$afe (S. 2216). fered excuses that the prosecutor later in July. The Senate bill is sponsored by Senator SUSAN COLLINS, described as ‘‘breathtaking.’’ For ex- a quarter of the Members of this body, Chair, Senate Special Committee on Aging, ample, he put one of his clients into a balanced nearly evenly on both sides of Dirksen Senate Office Building, Wash- nursing home to recover from a tem- the aisle, and has the support of a wide ington, DC. porary medical condition and then range of stakeholders looking out for DEAR SENATOR COLLINS: I want to thank managed to keep her there for 4 years the interests of consumers, including you for inviting me to speak with the Senate until the theft of her funds came to the securities administrators whom I Special Committee on Aging about the seri- light. In the meantime, he submitted have already mentioned, the Con- ous problem of financial exploitation of sen- bills for services, sometimes totaling iors by guardians and others in a position of ference of State Bank Supervisors, and power. I also want to thank you for your $20,000 a month, including charging her the National Association of Insurance $250 per hour for 6 to 7 hours to check leadership in working to ensure there is Commissioners. These are all regu- training of financial institution employees on her house, which was a 1-minute lators who are looking out for our con- in reporting elder abuse and an improvement drive from his office. sumers. in the timely reporting of financial exploi- Financial institutions are in a crit- Mr. President, I ask unanimous con- tation when it is suspected through passage ical position to check these fraudsters. sent to have printed in the RECORD of the Senior$afe Act. I strongly support this If properly trained, employees can be these letters of endorsement imme- legislation that is based upon work done the first line of defense. Regrettably, here in Maine. diately following my remarks. certain laws can inadvertently impede Under our bill, liability protections I served for over two years on the working efforts to protect seniors because fi- are only provided for good-faith, rea- group that developed Maine’s Senior$afe nancial institutions that report sus- training program for financial institution sonable reports of suspected fraud. managers and employees. It is a voluntary pected fraud can be exposed to law- The legal obstacles facing financial suits. Our bill, the Senior$afe Act, en- training program. Through that work I came institutions that report this kind of to fully appreciate the very real concerns of courages financial institutions to train suspected fraud and abuse are not lim- their employees and shields them from the financial industry regarding the con- ited to just privacy laws because these sequences of violating, or being perceived as lawsuits for making good-faith, reason- institutions have also been threatened violating, the broad range of state and fed- able reports of potential fraud to the with claims such as breach of contract, eral privacy laws that apply to their indus- proper authorities. bad faith, slander, unfair practices, and try. I also came to appreciate that absent As Jaye Martin, the head of Maine even harassment. As one compliance broad immunity for reporting of suspected fi- Legal Services for the Elderly, put it in nancial exploitation, privacy regulations a letter describing her support for the officer for one of my community banks would continue to be a barrier to good faith Collins-McCaskill bill, ‘‘In a landscape put it, without this kind of immunity reporting of suspected financial exploitation. that includes family members who for good-faith reporting, small commu- In a landscape that includes family members often wish to keep exploitation from nity banks will face the ‘‘freeze effect’’ who often wish to keep exploitation from and won’t make reports that could help coming to light because they are perpe- coming to light because they are perpe- trating the exploitation, the risk of facing trating the exploitation, the risk of to protect our seniors; thus, ‘‘the effec- tiveness of Senior$afe will be under- potential nuisance or false complaints over facing potential nuisance or false com- privacy violations is all too real. plaints over privacy violations is all cut.’’ I just cannot believe we cannot clear This is a barrier that must be removed so too real.’’ that financial institution employees will act This is a barrier that must be re- this commonsense bill for the Presi- dent’s signature when it would help so immediately to make a report to the proper moved so that financial institutions authorities upon forming a reasonable belief will act immediately to make a report many seniors avoid becoming the vic- that exploitation is occurring. These profes- to the proper authorities upon forming tims of financial fraud and abuse, when sionals are on the front lines in the light a reasonable belief that exploitation is it is supported by groups like Maine against elder financial exploitation and are occurring. These professionals are on Legal Services for the Elderly, when it often the only ones in a position to stop ex- the frontlines in the fight against elder has won the support of national organi- ploitation before it is too late. financial exploitation and are often the zations of State securities administra- I want to add that tying the grant of im- only ones in a position to stop the ex- tors, State insurance commissioners, munity to required training for not just su- ploitation before it is too late. State bank regulators, when it would pervisors, compliance officers, and legal ad- visors, but to all who come in contact with Mr. President, I ask unanimous con- make such a difference. Sadly, because of the objections of seniors as a part of their regular duties, will sent to have printed in the RECORD the have the direct result of bringing more cases full letter from Ms. Martin imme- just one Senator on the other side of of exploitation to the timely attention of the diately following my remarks. the aisle, we are stymied. That means proper authorities because it will signifi- Our bipartisan bill is based on the we will have to start all over again cantly increase the knowledge and awareness State of Maine’s innovative Senior$afe next year. Much needed help for our in the industry of the red flags for elder Program. It has been a collaborative seniors—that could help them avoid abuse. In Maine, where our training program effort by my State’s regulators, finan- being swindled out of what GAO esti- is entirely voluntary and carries no legal cial institutions, and legal organiza- mates is almost $3 billion a year—will status or benefit, we have already seen what tions to educate bank and credit union have to wait for another day. I just a difference training can make. employees on how to identify and help don’t understand it. Senior$afe is a much needed step in the stop the exploitation of older Mainers. I have made many good-faith efforts fight against financial exploitation of sen- in this regard, but regretfully, because iors and there is no doubt it will make our It was pioneered by Maine’s securities nation’s seniors safer. I thank you again for administrator, Judith Shaw, and it has we are at the end of the session, we your leadership in this important area. led to a significant increase in reports don’t have the time to go through all Sincerely, of suspected senior financial exploi- of the procedural steps that would be JAYE L. MARTIN, tation and fraud. needed to pass this bill, which I am Executive Director.

VerDate Sep 11 2014 07:54 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.092 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6888 CONGRESSIONAL RECORD — SENATE December 8, 2016

NORTH AMERICAN SECURITIES their duties; and employees who review or JULIE MIX MCPEAK, ADMINISTRATORS ASSOCIATION, INC., approve the financial documents, records, or NAIC Vice President, Washington, DC, October 27, 2015. transactions of senior citizens as a part of Commissioner, Ten- Re the Senior$afe Act of 2015. their regular duties. nessee Department Senator SUSAN COLLINS, The benefits of the types of reporting that of Commerce and In- Chairman, Senate Special Committee on Aging, the Senior$afe Act aims to facilitate and en- surance. Dirksen Senate Office Building, Wash- courage are far-reaching. Elderly Americans ERIC A. CIOPPA, ington, DC. stand to benefit directly from such report- NAIC Secretary-Treas- Senator CLAIRE MCCASKILL, ing, because early detection and reporting urer, Super- Ranking Member, Senate Special Committee on can minimize their financial losses from ex- intendent, Maine Aging, Dirksen Senate Office Building, ploitation, and because improved protection Department of Pro- Washington, DC. of their finances ultimately helps preserve fessional and Finan- DEAR CHAIRMAN COLLINS AND RANKING their financial independence and their per- cial Regulation, Bu- MEMBER MCCASKILL: On behalf of the North sonal autonomy. Financial institutions reau of Insurance. American Securities Administrators Asso- stand to benefit, as well, through preserva- tion of their reputation, increased commu- ciation (‘‘NASAA’’), I’m writing to express CONFERENCE OF STATE nity recognition, increased employee satis- strong support for your work to better pro- BANK SUPERVISORS, tect vulnerable adults from financial exploi- faction, and decreased uninsured losses. April 29, 2016. In conclusion, state securities regulators tation through the introduction of the Senator SUSAN COLLINS, Senior$afe Act of 2015. Your legislation will congratulate you for introducing the Chairwoman, Senate Special Committee on better protect seniors by increasing the like- Senior$afe Act of 2015. We share and support Aging, Dirksen Senate Office Building, lihood that financial exploitation targeting the goals of this legislation, and look for- Washington, DC. ward to working closely with you as the leg- the elderly will be identified by financial Senator CLAIRE MCCASKILL, services professionals, and by removing bar- islation is considered by the Senate. Ranking Member, Senate Special Committee on riers that might otherwise frustrate the re- Sincerely, Aging, Dirksen Senate Office Building, porting of such exploitation to state securi- JUDITH M. SHAW, Washington, DC. ties regulators and other appropriate govern- NASAA President and Maine DEAR CHAIRWOMAN COLLINS AND RANKING mental authorities. Securities Administrator. MEMBER MCCASKILL: On behalf of the Con- Senior financial exploitation is a difficult ference of State Bank Supervisors (CSBS), I but critical policy challenge. Many in our el- NAIC & THE CENTER FOR INSURANCE POLICY AND RESEARCH, write to express strong support for S. 2216, derly population are vulnerable due to social the Senior$afe Act of 2015. State regulators isolation and distance from family, care- September 14, 2016. Re Senior Safe Act. are committed to combatting financial abuse giver, and other support networks. Indeed, of elderly residents and believe that S. 2216 evidence suggests that as many as one out of Chairman SUSAN M. COLLINS, recognizes the contribution of states while every five citizens over the age of 65 has been U.S. Senate Special Committee on Aging, Dirk- empowering institutions to reduce financial victimized by a financial fraud. To be suc- sen Senate Office Building, Washington, exploitation of the elderly. cessful in combating senior financial exploi- DC. tation, state and federal policymakers must Ranking Member CLAIRE MCCASKILL, State regulators supervise a diverse credit come together to weave a new safety net for U.S. Senate Special Committee on Aging, Hart ecosystem, are locally-focused, and have a our elderly, breaking down barriers to iden- Senate Office Building, Washington, DC. unique insight on the consequences of abu- tify those who are best positioned to identify DEAR CHAIRMAN COLLINS AND RANKING sive practices in their communities. State red flags early on and to encourage reporting MEMBER MCCASKILL: On behalf of the Na- banking regulators supervise approximately and referrals to appropriate local, county, tional Association of Insurance Commis- 4,850 state-chartered depository institutions, state, and federal agencies, including law en- sioners (NAIC), which represents the chief representing over 75% of our nation’s banks. forcement. insurance regulators from the 50 states, the Additionally, most state banking depart- As you know, state securities regulators, District of Columbia, and five U.S. terri- ments regulate a variety of non-bank finan- working within the framework of NASAA, tories, we write to express our support for cial services providers, including mortgage are in the late-stages of our own concerted the Senior $afe Act and applaud you for your lenders. effort to bolster protections for elderly in- leadership to increase identification and re- Since the 1980s, several states have enacted vestors at risk of exploitation, including porting of suspected senior financial exploi- laws to address the abuse, neglect, and finan- through the development of model legisla- tation. cial exploitation of their elderly residents. tion to be enacted by states to promote re- It is estimated that older adults in our These state laws provide immunity for finan- porting of suspected exploitation. While the country lose $2.9 billion annually from finan- cial service professionals to report abuse in approaches contemplated by the recently an- cial exploitation, and these losses can result good faith, contain penalties for failing to nounced NASAA model legislation and the in a diminished quality of life for those who report or making false reports of elder abuse, Senior$afe Act differ in some respects, they fall victim to such exploitation. State insur- and combat power of attorney abuse. S. 2216 are complementary efforts, both undertaken ance regulators share your commitment to recognizes the important work of states and with the shared goal of protecting seniors by protecting seniors from financial exploi- creates a consumer protection floor upon increasing the detection and reporting of el- tation. State and federal officials entrusted which states can build. derly financial exploitation. with the responsibility of protecting con- Financial services professionals are in a The Senior$afe Act consists of several es- sumers must remain vigilant in their over- position of trust and have a unique window sential features. First, to promote and en- sight. That is why a key component of the into the financial condition of seniors. Their courage reporting of suspected elderly finan- NAIC’s Retirement Security Initiative is en- expertise and vantage point should be lever- cial exploitation by financial services profes- suring consumers have clarity and trans- aged to forcefully combat the growing epi- sionals, who are positioned to identify and parency into the insurance products they are demic of elder abuse. report ‘‘red flags’’ of potential exploitation, being offered, that the products are suitable the bill would incentivize financial services for their needs, and that bad actors do not The Senior$afe Act incentivizes financial employees to report any suspected exploi- undermine efforts to address lifetime income services employees to report any suspected tation by making them immune from any and retirement security challenges. We look exploitation by making them immune from civil or administrative liability arising from forward to continuing to work with you and any civil or administrative liability arising such a report, provided that they exercised your committee on these important issues. from such a report, provided they exercised due care, and that they make these reports Thank you again for your efforts to com- due care and reported in good faith. Addi- in good faith. Second, in order to better as- bat financial exploitation of seniors. tionally, to ensure financial services per- sure that financial services employees have Sincerely, sonnel have the requisite expertise, the bill the knowledge and training they require to JOHN M. HUFF, requires, as a condition of receiving immu- identify ‘‘red flags’’ associated with financial NAIC President, Direc- nity, that financial institutions train key exploitation, the bill would require that, as a tor, Missouri De- personnel regarding the identification and condition of receiving immunity, financial partment of Insur- reporting of senior financial exploitation as institutions undertake to train certain per- ance, Financial In- soon as practicable. sonnel regarding the identification and re- stitutions and Pro- Early detection is key to combatting elder porting of senior financial exploitation as fessional Registra- financial abuse. Not only can it minimize soon as practicable, or within one year. tion. losses, but it may be able to prevent abuses Under the bill, employees who would be re- THEODORE K. NICKEL, from occurring in the first place. Moreover, quired to receive such training as a condi- NAIC President-Elect, this bill can deepen the involvement of fi- tion of immunity include supervisory per- Commissioner, Wis- nancial institutions in their community, en- sonnel; employees who come into contact consin Department hance the training of financial services per- with a senior citizen as a regular part of of Insurance. sonnel, and reduce insured losses.

VerDate Sep 11 2014 07:52 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.057 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6889 In sum, CSBS strongly supports S. 2216 and dustry or is simply not paying atten- LEAHY express his opposition, and op- looks forward to working with you as the tion. An untold number of the luxury position that I share, to the EB–5 Re- Senate considers this legislation. developments that now dominate EB–5 gional Center Program. I am here for Sincerely, would be pursued even if you did not the same purpose, to express the same JOHN W. RYAN, President and CEO. have EB–5 financing. Financing pro- opposition to the EB–5 Regional Center vided through EB–5 represents a small Program that was extended without re- Ms. COLLINS. I yield the floor. portion of the capital stack. To claim forms. One year ago, we made similar The PRESIDING OFFICER. The Sen- that EB–5 is responsible for all of these statements. I could easily read the ator from Iowa. jobs is a farce. EB–5 merely allows de- same statement I gave at that time Mr. GRASSLEY. Mr. President, Sen- velopers to replace their conventional and it would be just as relevant today. ator LEAHY and I are on the floor for financing with dirt cheap capital sub- We are very disappointed that reforms the same issue. I defer to Senator sidized by the sale of U.S. visas. were not included in the continuing LEAHY if he prefers to go first. It is not just exploited by wealthy resolution, which simply extended this The PRESIDING OFFICER. The Sen- American developers. Chinese devel- very flawed immigration program. ator from Vermont. opers, and even the Chinese Govern- The EB–5 Regional Center Program EB–5 REGIONAL CENTER PROGRAM ment itself, are now exploiting the EB– has been plagued by fraud and abuse. It Mr. LEAHY. Mr. President, I have 5 subsidy. That is beyond troubling poses significant national security been here on the floor before, joined by when a foreign government is per- risks. There are serious allegations Senator GRASSLEY, to share my frus- mitted to earn tens of millions of dol- that the program may be facilitating tration with the EB–5 Regional Center lars through the sale of U.S. visas. terrorist travel, economic espionage, Program. Senator GRASSLEY and I have The proposal I developed with Sen- money laundering, and investment been working for years to improve this ator GRASSLEY would address this. It fraud. Yet considering all of those flawed program that is set to expire to- would require background checks. It things, the continuing resolution be- morrow, but, once again, unfortu- would require third-party oversight of fore us fails to include much needed re- nately, the congressional leadership on funds. It would create protections for forms. the other side has rejected our bipar- defrauded investors. It would ban for- So after a year, we have yet another tisan reforms and the program will be eign government ownership of an EB–5 missed opportunity. The chairs and extended in the continuing resolution. company. It would end gerrymandering ranking members of the House and We have done this in a way, as has and provide modest incentives to direct Senate Judiciary Committees have been pointed out, as a Republican and a small portion of investment to under- agreed on a package of reforms. We as a Democrat—two of the most senior served areas—just 15 percent to both have worked in a bipartisan and bi- Members of this body—who have intro- rural and urban poor communities—but cameral fashion. We have agreed—all duced real reforms, but time and again even this was too much for some devel- four of us—on every aspect. We insti- leadership has caved behind closed opers and some lobbyists. tuted compliance measures, we insti- doors to narrow corporate interests. I Gluttonous, shortsighted corporate tuted background checks, and we insti- believe that is a serious mistake. greed blocked these critical reforms, tuted transparency provisions. We The EB–5 Program I once cham- greed that was given a voice by the made sure rural and distressed urban pioned seems like a distant memory. U.S. Chamber of Commerce. Unfortu- areas benefited from the program, as The program was designed to bring jobs nately, the leadership has allowed a Congress already intended and as Sen- to underserved rural and distressed couple of powerful developers to ex- ator LEAHY very clearly laid out the urban communities. For some time, it ploit this program’s flaws to derail problems. Despite the bipartisan support, not a did just that. Communities in critical reforms. I find it shameful that single one of our recommendations will Vermont, like Warren and Vergennes, the worst abusers of this program have be implemented. Instead of reforming once used EB–5 to create and save jobs been given, by some in Congress, veto the program, we will have the status during difficult economic times, but power over its reform. quo. The status quo means the fol- that is EB–5 of yesterday. I commend Secretary Johnson and lowing: Today EB–5 is mired in fraud and his efforts to improve EB–5. I commend abuse. It suffers from obvious and out- Investments can be spent before busi- his efforts to change the rules to ad- ness plans are approved. rageous flaws. It is a magnet for fraud, dress fraud, inadequate investment lev- security violations are rampant, and Regional Center operators can charge els, and the abuse of development in- excessive fees of foreign nationals in the incentives Congress created to pro- centives. mote investment and create jobs in addition to their required investments. I will work with the chairmen of the None of the jobs created have to be rural and high unemployment areas— Senate and House Judiciary Commit- ‘‘direct’’ or verifiable jobs, but rather the sole reason I championed the pro- tees and the next Secretary of Home- they are ‘‘indirect’’ and based on esti- gram—have been rendered obsolete land Security to get these reforms im- mates, not knowing for sure if there through economic gerrymandering. plemented and enforced, but the EB–5 are jobs created or based upon eco- Only 3 percent of EB–5 investors now regional Senate program no longer nomic modeling—again, not knowing invest in rural areas—3 percent. The serves the American people’s interests. for sure if jobs are created. distinguished senior Senator from Iowa It certainly does not serve the rural Investment funds are not adequately and I understand what a rural area is, and urban poor communities as Con- vetted. and they are not being served. Less gress intended. Gifts and loans from anyone are ac- than 10 percent invest in true high un- Next year, I will be the vice chair- ceptable sources of funds from foreign employment areas. Almost every other man of the Appropriations Committee, nationals. EB–5 project uses gerrymandering to and I will continue to press for broad There is no prohibition against for- qualify as distressed, despite many bipartisan reform. I know Senator eign governments owning and oper- being located in the most affluent GRASSLEY and Senator FEINSTEIN, the ating regional centers or projects. areas of the country. The fact that a incoming ranking member of the Judi- Regional centers can be rented or luxury hotel in Beverly Hills can use ciary Committee, will not sit idly by sold without government oversight or gerrymandering to claim it is located either. approval. in a distressed community is troubling. If EB–5 cannot be reformed due to the Regional centers don’t have to cer- Beverly Hills is not rural Iowa or rural paralysis of leadership, it is very sim- tify that they comply with securities Vermont, but the fact that this type of ple. If it cannot be reformed, then let laws. There is no set of sanctions for abuse now represents almost 90 percent us end EB–5. any violations—in other words, no re- of the entire EB–5 Program is appall- I yield the floor. course for the bad actors. ing. The PRESIDING OFFICER. The Sen- There are no required background Anyone who maintains that today’s ator from Iowa. checks on anyone associated with these EB–5 Program is about creating jobs is Mr. GRASSLEY. Mr. President, I regional centers. The investment level either a lobbyist for the real estate in- heard my friend and colleague Senator is lower than Congress ever intended.

VerDate Sep 11 2014 05:11 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.060 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6890 CONGRESSIONAL RECORD — SENATE December 8, 2016 Gerrymandering continues, and rural major financial decisions and invest up controversial recapture mechanisms or and urban distressed areas then lose to $1 million—a 14-year-old, to do that. by exempting certain people from the out. They wanted restrictions on where annual cap. The pro-EB–5 groups want Site visits or even audits are not re- investor funds came from lifted. Our more visas for an already faulty pro- quired. package limited a foreign national gram, which makes more money and There is no transparency on how from taking out a questionable loan or puts more money in their pockets. funds are spent, who is paid, and what taking gifts from unknown sources. On top of that, they asked us to investors are told about the projects One way to find out what is wrong is to make the visas cheaper than it is even they are investing in. follow the money. We wanted to be under current law. I, of course, refused The preferential treatment we have sure that those investing were doing so to do that. I refuse to go below the $1 seen in the past is enabled without a because they obtained funds lawfully. million level that has been in law since strict code of conduct rules. The U.S. Chamber of Commerce wanted 1990. The demand for visas is there. Those are just some of the things no such restrictions. There is no justification to further that are wrong. They wanted foreign governments cheapen this program and the green The four of us on the two commit- and even sovereign wealth funds to own cards that come with that program. tees, in a bicameral and bipartisan EB–5 projects. They wanted to delay We will have 5 months until we are way, tried to address awareness and rules saying foreign governments could faced with another reauthorization be- have a process for dialogue leading to not own or administer regional centers cause that is how far this continuing reform. My committee held two hear- by requiring bureaucratic rulemaking. resolution goes. In those 5 months, I ings this year. The House held one. Despite the changes we made this year expect that proposed rules changing Staff met with very interested stake- on this very strict provision, they con- the investment level and stopping ger- holders who asked for and we offered tinued to want to water it down in rymandering will be published by the more concessions than we did last year. every negotiating session we had. end of the year by the Obama adminis- To top it off, we were ready to provide They didn’t want regional centers to tration, and I will support those pro- a 6-year reauthorization. This would have to consult with local officials posed rules. I will be asking the new have provided long-term stability for about EB–5 projects to ensure that eco- Trump administration to keep those investors and regional centers. nomic development efforts were coordi- new regulations and build off them. But let’s talk about why this pack- nated. In regard to the new administration age was not acceptable to some, most They wanted to do away with a re- coming in, they took a very strong po- notably, the U.S. Chamber of Com- quirement that a foreign investor sition on various immigration issues. merce, which was the most rigid in not would have to create at least one direct In taking that position, I would expect compromising. Here is a list of issues job before obtaining a green card. Now, them to consider very closely the fraud raised by this leading voice of business here we have a situation where a pro- and misuse of the EB–5 Program. When in opposition to our package. gram was instituted 25 years ago to this administration sees things wrong They want, in effect, one investment create jobs—particularly in rural with it and they correct those things level. They don’t want any meaningful America and high unemployment that are wrong with it through regula- discount for rural or urban distressed areas—and they don’t even want the tion, those are regulations that should areas. Don’t forget that this law was investors to show that they are going be backed up very solidly by the new passed 20 years ago to help rural and to create at least one job right now. administration coming in. high-unemployment areas. That is the Then they used economic modeling Next year, we will have to start over purpose of it. to show indirect jobs. Neither the ex- again. So as we heard Senator LEAHY They don’t want visas set aside for istence of those jobs nor the location of speak about this—and we know his areas that Congress selected as tar- those jobs can truly be verified. When feelings and mine are very similar; I geted employment areas for fear that you have the Federal Government set- have already referred to the House Ju- investors in affluent areas would have ting up a program like this that is sup- diciary Committee—we will continue to wait slightly longer for a visa. posed to create jobs in rural areas and to work in a bipartisan and bicameral They didn’t want to incentivize for- high unemployment areas, wouldn’t way to ensure this program. eign investors to fund manufacturing you think there ought to be a way of Now, I want to speak about the new projects that create long-term, sustain- showing that those jobs are actually ranking member, Senator FEINSTEIN. I able, and real jobs that this country created? intend to continue this work as closely desperately needs. They raise new concerns about provi- with her as I did with Ranking Member They wanted to make it harder for sions that have been discussed way LEAHY, and Ranking Member LEAHY rural areas to qualify at a discount in- back since last June, such as requiring will still be involved in this process. I vestment level, even though it is com- regional centers to pay a fee to an en- want to point out that she is not a fan mon knowledge that small and rural forcement and monitoring fund. of this program at all, and she has been communities have a harder time at- They wanted a 3-day notification of a very vocal about closing this program tracting capital. site visit by the agency to determine if down because of all the fault we find They wanted certifications and com- the regional center truly exists. Sure, with it, whether it is fraud, whether it pliance measures to be delegated to the tell the inspectors you are coming so is misuse of the program, whether it is agency. They did not want Congress to you can get everything in order before possible terrorist activity taking ad- dictate transparencies and reporting the inspectors get there. vantage of it, or whatever it is for na- requirements. They fought efforts to require trans- tional security reasons—all of those. We must remember that our job is to parency of how investor funds were Some of these have been pointed out by legislate, not to delegate. Delegating used. Now, this is a major problem of law enforcement agencies at the Fed- authority to the executive branch on the existing program. Nearly every eral level. this program would result in more of story of fraud relates to how regional So I want everybody to know that the same, because even by the depart- center operators use EB–5 funds for change is coming. I have always want- ments in charge, there is very little their own personal gain and luxury. ed to reform the program, but I am not oversight and monitoring now, even if This program is meant to create jobs, sure that the industry will ever come it might be required by law. But not not to help individuals in charge of the around. The leadership of this body and enough of it is required by law. That is program have personal gain and, more the other body could help by ending why they get away with all this stuff. importantly, even the luxury that this program in a continuing resolu- The Chamber of Commerce didn’t might go with that. tion. Let it sunset, and let all these like a provision saying a foreign na- But the kicker in all of this is that people come to the table with a more tional had to be 18 years old to invest these business interests insist on more compromising point of view to correct and obtain a green card through the visas and to make those visas even everything that is wrong here. But the program. They would like children as cheaper. They want Congress to in- industry loves the status quo and, of young as 14 to be able to make these crease immigration numbers through course, they love the billions of dollars

VerDate Sep 11 2014 05:11 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.097 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6891 that pour into affluent areas. Con- Glenn and some bald guy with him,’’ well, let’s attach it. The Cures Act sequently, the money is not directed and that was me, of course. We went came over, and it is a health care act. where it was intended to in 1990, when there and then flew back to Montpelier It was germane to that bill, and it this legislation was passed, which was where Marcelle and Annie had been should fit in perfectly. They said, no, to rural areas and high unemployment traveling around. John landed the we can’t put it in there. areas. plane in a stiff crosswind. Of course, The only thing we have left is what I am not sure, with the attitude of the pontoons did not help. He had to we are doing now, a CR. This is some- the industry, that reforms are possible. bring it in sideways. I did not worry. It thing I have never done. I have been So just leaning on Senator FEINSTEIN a was John Glenn. Then he turned to me here 6 years and have never used this little bit and considering her point of with a big wink and said: I have never procedure to say: Wait a minute. If we view, it may be time to do away with been so frightened flying anything in don’t stand for the people who have the program completely. my life. I do not think John ever was fought, worked, and died for us and ba- I said that same thing a year ago, frightened at anything, but my heart sically given us the country we have— and I repeat: Maybe we should spend did stop. we have won two wars with the domes- our time, our resources, and our efforts I will speak more about him on the tic energy that has been mined right in other programs that benefit the floor, and I appreciate my friend from here in America, an awful lot of it in American people as opposed to bene- Iowa yielding so I could speak. West Virginia, I might add. We have fiting the well-healed and the well-con- John was one of the best people I the strongest country in the world. We nected. Maybe it is time this program ever served with. When I speak of what are a superpower. That would never goes away. it was like coming here as a brand new have happened. We would never have I yield the floor and thank Senator Senator, every time I am asked about the military might we have today. We LEAHY for his speaking on it. that, I talk about the fact that I came would never have the middle class we The PRESIDING OFFICER. The Sen- here and was sworn in with John have. We just wouldn’t have the qual- ator from Florida. Glenn. ity of life we have in America if had The PRESIDING OFFICER. The Sen- REMEMBERING JOHN GLENN not been for the domestic energy our ator from New Jersey. Mr. NELSON. Mr. President, it is my miners have given us. Mr. MENENDEZ. Mr. President, it is What we are asking for and all they sad duty to announce the passing of my understanding that I was going to are saying is this is a promise that was John Glenn. go next. But my distinguished col- made in 1946 that President Truman John Glenn was one of the original league from West Virginia has impor- said: Listen, we are going to commit to seven astronauts of this country. All of tant visitors—miners, who help fuel you that every ton of coal mined from them were characterized as having the our country. So I ask unanimous con- this day forward and the coal compa- right stuff, and if you knew any of sent that after he is recognized, I be nies you work for, we are putting them, that was certainly true. recognized immediately thereafter. money aside to make sure you have John Glenn was not only a pio- The PRESIDING OFFICER. Is there lifetime benefits for health care and for neering astronaut and a great Senator, objection? your pension. he was a first-class gentleman as well Without objection, it is so ordered. These are not big, elaborate pension as a devoted husband and father. The Senator from West Virginia. plans. They are very small. They are He leaves behind Annie, his beloved, MINERS PROTECTION ACT subsidies, if you will. The health care who always stood with him as he ven- Mr. MANCHIN. Mr. President, let me has been so very important to many tured into the unknown cosmos, and it say to my dear friend from New Jersey, people. This has been going on for quite was unknown because John was the I appreciate his support so much. He some time, and we have been involved first to go into orbit as an American. has been right with me from day one, many times. Yes, the Federal Govern- He paved the way for all the rest of us. basically for the working men and ment has been involved to make sure At his passing, America is in the women of this country but, most im- the companies put that money aside so planning and the developing of the portantly, for the miners who have they would have their health care and rockets that will take us, a human spe- given us the country we have had their pensions. cies, all the way to Mars. John Glenn today. Then, lo and behold, Congress basi- was the pioneer. He was the one who I have been doing this for quite some cally passed bankruptcy laws that let paved the way. time now. It is nothing new. This is not people walk away from their obliga- Thank you, Mr. President. new to anybody. This has not been tions through bankruptcy. Now the I yield the floor. sprung on somebody at the last promises were made and the promises The PRESIDING OFFICER. The Sen- minute, what we are fighting for and that were kept by Congress were done ator from Vermont. what we are trying to do. away with through the bankruptcy Mr. LEAHY. Mr. President, I was a As of October, we had over 16,000 of laws that were so lenient that people little bit delayed getting to the floor our retired miners and a lot of elderly could declare bankruptcy and say: Lis- this afternoon because I was in tears, women—widows whose husbands have ten, I am sorry, but we are just not literally, when I heard the news about passed away—who were notified they going to fulfill that commitment. That John. I think of my last long conversa- would be losing their health care bene- legacy goes away. That is somebody tion with him just a few weeks ago. I fits December 31 of this year. We have else’s problem. will speak more on the floor about him been working for a permanent fix To fast forward to where we are later. called the Miners Protection Act, and today and why we have the problems I came to the Senate with John if that bill were brought to the floor we have, let me bring you up to speed Glenn. I enjoyed traveling with him, today, it would pass. We have all of the with what we are dealing with. We with the anonymity it gave me when Democratic caucus—all 46 of us—and have asked for the Miners Protection people said: there is Colonel Glenn. It we have at least 15 who have com- Act, which was the permanent health was not Senator Glenn, it was Colonel mitted to voting for it from our Repub- care fix and a permanent pension fix. Glenn, even after having been sworn in. lican colleagues, but that is not to be. These are for the retirees. We have an- We traveled, he and Annie, Marcelle That is not going to happen. other group of retirees here who have and I, all over the world, but the time We have been working everything we gone through bankruptcy and there I remember the most was the weekend can. We have gone through regular was money set aside, about $47 million. we spent at our old farmhouse in order. That means it has been to the That was supposed to run out in June. Vermont because they wanted to see Finance Committee. It has gone We were going to bring all of them to- the foliage. through and been debated and vetted, gether so we took care of everybody. We used a seaplane and went flying and it came out of there with an 18-to- Now, the bill they put in front of us around, landing in little ponds; taking 8 vote—very strong in a bipartisan that the House of Representatives has off, then landing in another one. We way. given us is horrendous and it is inhu- went to a trappers convention where Now what do we do? We are not going mane. They gave us a bill and said: everybody was saying, ‘‘It is Colonel to get a vote on the floor. We thought, Take it or leave it on the CR.

VerDate Sep 11 2014 05:11 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.098 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6892 CONGRESSIONAL RECORD — SENATE December 8, 2016 Nobody wants to close this great in- are here. I came here to do exactly That doesn’t play well where I come stitution, this government down—not a what I told you I was going to do—fight from. That is not a commitment, and person. You have to stand for some- for you, make sure you are treated that is not public service. I am so thing or surely to God, you will stand fairly. We have pay-fors. This is not sorry. I hope I have haven’t inconven- for nothing. That is where we find our- coming out of taxpayers’ money. This ienced anybody. I hope I haven’t made selves. They gave us a 4-month exten- is AML—abandoned mine lands. The you feel uncomfortable. I hope I sion. abandoned mine land money comes haven’t held up a bill that you have If your aunt or your mother were get- from every ton of coal. There is a cer- been working on because I have held up ting a notice in October that she would tain percentage of money from that all my bills. No one was left unscathed lose it in December—they want us now coal that goes into a fund and that is in this. All we are saying is, for Pete’s to say: OK. We are going to be so sym- put aside to do reclamation. sake, do the right thing; stand up for pathetic, we will give you 4 more Now, I have some of my Western this. Stand up for the people who gave months, through April. That same per- States that don’t have quite the rec- us what we have today. son is now going to get another notifi- lamation we have had. In the Eastern History said if you don’t know where cation in January that she is going to part of the country, in West Virginia, you come from, you sure don’t know lose it in April. On top of that, she will Pennsylvania, Ohio, Southwestern Vir- where you are going. If we are not not even be able to meet her ginia, there is an awful lot of work to going to stand up for the people who deductibles. So there is no insurance. be done, and we do that work. We have have given us the life we have, I am not There is nothing. done this for quite some time. We are sure where we are going. I know one saying: Listen, we are not denying you You remember the money I said they thing. I go home and look them in the getting your money, but you shouldn’t set aside, $47 million, for the miners eye. I can say I am doing everything I get first dibs on it and then hinder us who basically have gone through a can, and I am going to fight for you. I from taking care of the responsibility bankruptcy and lost their jobs and re- am willing to take whatever it takes, we have to the miners who have been tired, they were going through June. whatever medicine it takes here, how- giving you the opportunity to live in Those same miners now are going to ever upset people get with me, however lose May and June—2 months. They are this great country. That is really what it comes down to. uncomfortable they may be. I am ask- going to lose 2 months. There is going ing: Please, take care of the miners’ to be a $2 million surplus that goes I have been asking all of my col- leagues—this is not a fight that is health care. That is all right now. We back to Treasury. will talk about the rest later. I had one woman call me. She said: going to be damaging to anybody. This is the only time-sensitive issue we have With that, I yield the floor. Senator MANCHIN, I don’t know, but The PRESIDING OFFICER. The Sen- back home where I come from, they before us. There is nothing else we have before us. All of the bills are on ator from New Jersey. call that thievery. She is absolutely Mr. MENENDEZ. Mr. President, I correct. This is why we are so com- hold right now. Not one bill has time sensitivity. We can come back and do came to the floor for a different pur- mitted, and we are so dug in on this it again. We have no problems doing pose, but I do want to say to my friend issue. It is a fairness. It is the right them over and over. We have been here and colleague from West Virginia and thing to do. All we have asked for is to a long time. to those he is fighting for, Senator take care of our miners’ health care. This is the only one where the miners MANCHIN has been at this in the most We will come back and fight another lose their health care—16,500 lose it De- constructive way possible, trying to day for pensions, but give us the health cember 31. You show me anything else prick the conscience of the Senate to care that has been promised and com- we have in here where someone is going do what is fundamentally right, to help mitted time after time again. to be that harmed at a time specific those who help make the country I have never seen anything this cal- when we walk out of here. That is what great, help them at their greatest time lous in my life, that we weren’t willing this is about. To tell me they are going of need—to simply be able to go to to fulfill a promise we have made and to give us 4 months and they are doing sleep at night not worried that you are the Federal Government put its stamp us a favor for 4 months, that is inhu- one illness or one black lung away of approval on. mane. How they did it and paid for it is from dying. For those who are saying it is incon- a crime. It is awful. That is why we are He has ceded time and time again, venient and the procedures I have been standing here fighting, and that is why asking for regular order. I was very using and my other colleagues with I am going to continue to fight. pleased to support Senator MANCHIN as me—I have had everybody, and I appre- I think we have a purpose in life. If a member of the Senate Finance Com- ciate them so much. And for them to you have a purpose in life in public mittee, where there was a markup and say: Hey, you have held up a lot of service, then serve the public. Don’t there was a strong vote, and members goods bills—yes, a lot of bills that I come here to serve yourself. That is all who were running for reelection got to have worked on for a year or more I people have asked for—do your job. go home and say we passed it in the Fi- have held up, but if we can’t pass for- You wonder why we have a low rating nance Committee. We will take care of ward on this and walk out of here basi- from the public, why they think so lit- it when we come back after the elec- cally knowing we did the right thing, tle of Congress. This is common sense. tions. what is our purpose for being here? It is so easy for us to do. It is so easy Well, here we are, and now it is time Why do we come? for us to do. It is so easy for us to be We all talk. I have seen everybody’s to put your votes and insist on having able to say: Fine, we are going to fulfill the miners’ health care taken care of. elections. All of our election advertise- this, and then we have a lot of other ments, whether they be Democratic or If I were a miner, I couldn’t have any- things we want to take care of. body better fighting for me. I want Republican, are we are all for the mid- That is all we have asked for, and those you have been fighting for to dle class. We are all for the working that is all we are asking for now. We know you have been doing it for some class. We are going to make sure the can do the right thing between today time and tenaciously and graciously as working men and women really get a and tomorrow. We truly can. fair shake. They have been screwed and Someone said the House has left. I well but, nonetheless, with conviction. left behind so let’s do it. OK. We are all am so sorry they were inconvenienced I strongly support my colleague. for that. All of our advertising, our and had to leave so early to go home IMMIGRATION campaigns say that. We are committed for Christmas. You go home and tell Mr. President, I rise, as I have many to it. The only thing I am saying is the people I live with, the people I was times before, to discuss the urgent now fulfill it. It is either put up or shut raised with, the people who have taken need for the United States to have an up. That is all. care of me: I am so sorry. We had to go immigration system that reflects our You have already told them, you home for Christmas. I am sorry you are values as a nation of immigrants. have asked them to vote for you be- losing your health care December 31. I Today, in my first floor speech on the cause of this reason. Now you have a didn’t mean for that to happen, but you subject since Donald Trump won the chance to show them that is why you know I had to get home for Christmas. election, I am deeply troubled by the

VerDate Sep 11 2014 05:11 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.101 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6893 fear and panic I hear from our immi- sands of parents separated from their It is not just enough to say DREAMers grant community, from our young im- children who are deported, husbands are terrific people. Protecting a tem- migrants known as DREAMers and and wives separated from their spouses, porary program is not enough, al- their families to the workers in the millions of families who are torn apart though the panic and sense of urgency field, to those in our restaurant kitch- because of our broken immigration sys- to protect these young immigrants is ens and our homes. tem. justified. It is not enough because the Their panic is justified and palpable Among his many campaign promises, reality is that DREAMers do not exist because of the inflammatory remarks President-Elect Trump pledged to end in a vacuum. They have parents. They made by the President-elect on the the DACA Program. This means that have loved ones who have instilled val- campaign trail about immigrants. His DACA recipients, a group of individuals ues and work ethic and supported them campaign promises made it seem as if the U.S. Government has deemed as to pursue an education and reach their no immigrant was safe from deporta- otherwise model citizens who pose ab- full potential to benefit our country. tion, even otherwise law-abiding, de- solutely no threat to our national secu- Their parents are also terrific people cent people who came to this country rity, would be at risk for deportation and so are so many other hard-working searching for the American dream for and could no longer continue working immigrants who have lived in this themselves and their children. The legally. country for years, have obeyed the law, threat of deportation was heard loud We are here talking about children are not criminals, and have integrated and clear by over 744,000 young, law- who have grown up in the United themselves into the tapestry of Amer- abiding immigrants who are American States and attended our schools. Many ican society. We know them. You have in every way, except for a piece of of them were the valedictorians, salu- to be blind not to know them. They are paper. tatorians, and in the top tier of their sitting next to us in the pew in church. These DREAMers were brought to graduating classes. These are children They attend parent-teacher con- the United States, many as infants or who serve our communities and were ferences. They are our neighbors. They toddlers, for reasons beyond their con- given a chance to be fully integrated pick our crops. There isn’t a person in trol or their knowledge. They grew up into the only country many of them this country who isn’t beholden to an in America going to school. The only have ever known. immigrant worker. They watch our flag they have ever pledged allegiance I have listened many times to my kids. They open businesses. They per- to is that of the United States. The colleagues talk about the core of fam- form back-breaking work—work we only national anthem they know is the ily values, and the essence of that core can’t get many Americans to do—to ‘‘Star-Spangled Banner.’’ is a family unit. I have heard that you keep the gears of this economy turn- The effects of deporting them or don’t subscribe the sins of the parents ing. Immigration is not an easy problem their families would be incomprehen- to the children, and yet those who are to fix, but I think we came close in sible and destructive. The Deferred Ac- advocates of ending DACA would undo 2013, when the Senate came together to tion for Childhood Arrivals Program, all of those things they have spoken to. pass comprehensive immigration re- or DACA, has been a tremendously suc- If the DACA Program is dismantled, form. I was part of that bipartisan cessful program. It is something I young immigrants will be stripped of Gang of 8 that produced a bill which fought for, to allow young men and the jobs, education, and forced back passed with strong bipartisan support women to come out of the shadows and into the shadows of our society. In of nearly three-quarters of this Cham- step forward to register themselves fact, the Center for American Progress ber. That bill is a strong model for re- with our government and make them finds that ending DACA would cost the forming our immigration system as we right. DACA has allowed nearly 800,000 United States $433 billion in gross do- look ahead to the Congress. undocumented youth who came to the mestic product over the next 10 years. The bill, S. 744, addressed the key pil- United States as children to obtain Having said that, I am hoping that lars necessary for a functioning, legal temporary protection from deportation when President-Elect Trump said on immigration system. It addressed the and a 2-year work permit that is re- election night, ‘‘Now is the time for 11 million undocumented so we can newable. First, they would have to reg- America to bind the wounds of divi- know who is here to pursue the Amer- ister with the government by handing sion’’—he later said in an interview ican dream versus who is here to do it over their personal information and that millions of undocumented immi- harm. It reformed the legal immigra- the information of their immediate grants are ‘‘terrific people.’’ I hope the tion for high- and low-skilled workers. families, pass a criminal background next administration thinks long and It had strong family reunification pro- check, and pay nearly $500 in fees, and hard about binding the wounds of divi- visions, it put DREAMers on a path to we said the information would be con- sion. A good start would be a clear and citizenship, and it included tough bor- fidential and not used against them. unequivocal message that there will be der security measures. The bill, S. 744, Now their fears of deportation are jus- no mass deportation task force and wasn’t perfect, but it was a significant tified. that the DACA Program will continue, milestone in our Nation’s efforts to The DACA Program now has the po- something the President-elect already truly reform our immigration system. tential of becoming a registry of mil- alluded to this week in an interview We must remember what our econ- lions of undocumented immigrants who with Time magazine, saying that omy and America needs. Our Nation are now exposed for seeking a better ‘‘we’re going to work something out will be stronger when there is an ac- life for themselves and their kids. Let’s that’s going to make people happy and countable path to citizenship for the think about this for a second. These proud . . . [DREAMers] got brought undocumented living in the United kids came into this country without here at a very young age, they’ve States, our borders are secure, employ- any notion that they were doing any- worked here, they’ve gone to school ers are held accountable for whom they thing wrong. Many of them didn’t even here. Some were good students. Some hire, jobs are filled with qualified and know they were undocumented until have wonderful jobs. And they’re in documented workers who contribute to they tried, for example, to go to college never-never land because they don’t the economy, families are kept to- or get a loan for school. We asked them know what’s going to happen.’’ gether, and we don’t have downward to come out of the shadows, volun- It appears to me that hopefully we pressures by an underground economy tarily turn over their information and are getting to a place where there is against the wages of all other Ameri- the information of their immediate rel- universal respect and admiration for cans. atives in exchange for protection from DREAMers. This acknowledgement of- With an immigration system as deportation, a work permit, and a fers a glimmer of hope for a productive flawed as ours and with so many things chance for a better life. As early as way forward, and I hope that is the still to fix, DACA has been a beacon of next year, once again through no fault case. hope—one shining light leading the of their own, these young immigrants Let me close by saying the following: way toward fairness, justice, and a bet- and their families are at risk of losing I do not intend to sacrifice one set of ter life for so many young immigrants it all. The human cost is too high to immigrants for another. Let me be looking for a chance to succeed in pay. It is a cost measured in the thou- clear about our Nation’s immigrants. America as Americans.

VerDate Sep 11 2014 05:11 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.103 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6894 CONGRESSIONAL RECORD — SENATE December 8, 2016 Yes, abolishing it would be a tragic close friend and source of advice to me Now, you don’t have to go too much mistake for an administration seeking throughout the years. farther than Kokomo, IN, to arrive in to unite what they helped divide. Let When President Trump named Mike the city of Auburn, where the Cord me be clear, as I have said all along, we Pence to be his running mate, I knew Dusenberg and other popular cars were cannot lose sight of our ultimate objec- Hoosiers would continue to have a manufactured. Every year, the Cord tive. The only real solution in the end strong impact on our country, pro- Dusenberg festival, parade, and mu- is a permanent legislative solution viding guidance and leadership in one seum are open to people from around that doesn’t pick winners and losers of the top elected offices in our land. the world to see a magnificent parade amongst the most vulnerable in our so- I am honored to call both Dan Quayle of cars in that era in absolutely perfect ciety. That is why I am pleased to once and Mike Pence close friends and com- shape. again see a bipartisan coalition of memorate the great work they have If you find yourself in Southern Indi- voices begin to resurface so we can done for the State of Indiana and have ana, take a minute to stop by the Lin- work toward a bipartisan moment to and will do for our Nation. coln Boyhood National Memorial in fix our immigration system once and We have had excellent Governors, Spencer County. Abraham Lincoln may for all because beyond stopping those Representatives, Senators, and others have been born in Kentucky, and he who wish to turn the clock back on any who have contributed significantly to may have ended up in Illinois, but he progress we have made, we still need to this body, the Congress, and the Na- was raised and shaped in Indiana. implement a functioning legal immi- tion, and we are proud of that as Hoo- In addition to our landmarks, some gration system for all. We need to siers. of America’s most famous buildings make sure we don’t take a giant step I keep using the name Hoosiers be- have been constructed using Indiana back and focus our Nation’s resources cause we were misnamed Indianians, limestone. The Pentagon, the National against the most vulnerable, talented, which is hard to pronounce and awful Cathedral, the Lincoln Memorial, the and hardworking. hard to spell. We are Hoosiers. I could U.S. Holocaust Memorial Museum, the I have always been and remain com- go into a long discourse on what Hoo- Empire State Building in New York, mitted to solving this problem in a siers means, but I will not take the and many more, all feature Indiana fair, comprehensive manner that re- Senate time to do that right now. limestone quarried in south-central In- forms our immigration system, and I Please contact my office and we will diana. will continue to work with a bipartisan send you a full description of what a Our State has been blessed with a cli- coalition of voices toward this goal. Hoosier is, but you will see two of them mate of soil fit for all kinds of agricul- Our DREAMers, their parents, immi- on the floor here today. tural activities. God has blessed us grant families, and our Nation deserve Loyal public servants is not the only with a climate and a soil fit for all nothing less. Irrelevant of who occu- contribution our great State has made kinds of agriculture activities. pies the White House, I will never stop to the Nation. During the Civil War, While corn and soybeans are our top fighting for those who, like my mother, over 200,000 Hoosiers answered the call commodities by value, Indiana pro- came to this country in the last cen- to serve; although only one Civil War duced $11.2 billion worth of agricul- tury to give their families a chance to battle was fought in Indiana, more tural products in 2012. This includes contribute to America’s exceptional- than 41,000 Hoosiers lost their lives and 41.5 million broiler chickens, 10.5 mil- ism in this century. an estimated 50,000 were wounded. lion hogs and pigs, numerous dairy With that, I yield the floor. During World War II, nearly 10 per- products, and 37,000 acres of vegetables The PRESIDING OFFICER. The Sen- cent of Indiana’s population joined our harvested for sale. The next time you ator from Indiana. Nation’s Armed Forces. Those who head to the movie theatre, think of In- INDIANA’S BICENTENNIAL CELEBRATION stayed behind contributed greatly to diana. Indiana produces more than 20 Mr. COATS. Mr. President, I am the manufacturing boom required for percent of the United States’ popcorn pleased to speak with Senator DON- the war effort, manufacturing nearly 5 supply, and a great deal is exported NELLY about a momentous occasion for percent of all weapons and equipment around the world. our beloved home State of Indiana—a required for the war. We are also a world leader in pharma- celebration of our bicentennial. Our State has continued that call to ceuticals, biologics, and medical de- On December 11, 1816, President service to the military. We have for vices. Our medical device industry is James Madison signed the Indiana Ena- years and decades been one of the lead- the fifth largest in the United States, bling Act, which allowed Indiana to be ing States providing per capita support generating more than $10 billion in an- the 19th State to join the Union and re- to our Armed Forces. nual economic output. Hoosiers are quire that Indiana’s leaders draft the In addition to these accomplished truly working hard to provide State constitution. In the two cen- Hoosiers whom I have named, the healthier, longer, and more rewarding turies since Indiana’s admission to the places and events that make Indiana lives for all Americans. Not only does Union, Indiana residents—we call our- unique are numerous. I just want to Indiana seek to enrich the quality of selves Hoosiers—have accomplished ex- mention a few, and I apologize to those life of Hoosiers through its contribu- traordinary things. that we don’t have to time to put in tions to the medical manufacturing In 1840, William Henry Harrison be- place here. But as Senator DONNELLY field, we also do this through our insti- came the first Hoosier to be elected and I know, a few months ago we com- tutions of higher education. President. In 1888, Benjamin Harrison, memorated the 100th running of the In- Hoosiers don’t need to travel far to his grandson and fellow Hoosier, fol- dianapolis 500 on this Senate floor. receive a high-quality education. We lowed in his footsteps to the Presi- Known as the ‘‘World’s Greatest boast a rich variety of world-class col- dency. Five Hoosiers have served our Spectacle in Racing,’’ the Indianapolis leges and universities, such as Indiana Nation as Vice President: Schuyler 500 is a great source of pride to Hoo- University, Perdue University, Butler Colfax, Thomas Hendricks, Charles siers throughout the State and University, Notre Dame University, In- Fairbanks, Thomas Marshall, and Dan throughout the country. Every year diana State, Rose-Hulman, Trine, Quayle. Just a few short weeks ago, our race is an epic event as drivers Grace, Manchester, Earlham, Evans- Americans elected Gov. Mike Pence to jockey for position at speeds regularly ville, Indiana Wesleyan, Valparaiso, serve as our next Vice President. He surpassing 200 miles per hour. In addi- and on and on we could go. will become the sixth Hoosier to serve tion to the ‘‘Indy 500,’’ the automotive I would be remiss if I were to neglect in this role. We have a well-deserved industry has deep ties to Indiana. mentioning my own graduate school, reputation as the mother of Vice Presi- In 1896, the Haynes-Apperson Com- the Indiana University Robert H. dents. pany opened its doors in Kokomo, IN, McKinney School of Law. As many of you know, when Dan producing one of the very first auto- This quality of education bleeds into Quayle was elected, George Herbert mobile manufacturing sites in the en- the quality of coaching found in Hoo- Walker Bush’s Vice President, I was tire United States. It operated until sier schools. There is nothing quite appointed to fill his vacant Senate 1905. Its 1904 model seated two pas- like being in the stands during a Hoo- seat. Vice President Quayle has been a sengers and sold for $1,550 at the time. sier high school basketball game. The

VerDate Sep 11 2014 07:43 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.104 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6895 coaching quality that we have has pro- with our family in one of our extraor- all across the Nation’s Capital. Some of duced all-stars in every facet of basket- dinary parks or a national forest. the most beautiful buildings you have ball, whether it be professional, col- Indiana has a proud tradition of serv- ever seen are built from Indiana lime- lege, high school, or elementary. ing our country, and working to pro- stone and from Indiana products. There is nothing quite like being in tect our Nation’s security. Nearly Manufacturing is central to our econ- the stands during Taylor University’s 500,000 veterans and many servicemem- omy. It contributes to roughly 30 per- Silent Night, where the fans pack the bers and military families call Indiana cent of Indiana’s economic activity and basketball stadium and stay com- home. Our National Guard dates back economic growth. Manufacturing plays pletely silent until the home team to 1801, when we were still a Territory. a larger role in our economy than it scores their tenth point. Then the Today, our National Guard is the does in any other State in the Nation, noise really starts and the game fin- fourth largest in all of the United and we are really, really good at it. ishes with the fans signing singing ‘‘Si- States. Hoosiers have proudly served Manufacturing employs 17 percent of lent Night.’’ our country in all of our wars, in all of our workforce, some of the most Through the years, so many Hoosier our efforts to protect our Nation over skilled workers in the world. teams have proved to be formidable the years. Hoosier manufacturers and their foes on the court and the field. We are It is also home to Naval Support Ac- workers build some of the most ad- the home of the Colts, the Pacers, the tivity Crane, the third largest naval in- vanced, highest quality products in the birthplace of Larry Bird, James Dean, stallation in the world. I think we can world, from engines to RVs. and David Letterman. On and on I take particular pride that in the mid- Just down the road from my home in could go with that. dle of the country, about as far away as Granger, is Elkhart, the RV capital of But in addition to recognizing all you can get from the Atlantic and the the world. I know that the Presiding that Indiana has contributed to our Na- Pacific, we have the third largest naval Officer has traveled a few miles in RVs tion over the past 200 years, I would base in the entire world. Our State is as well, from one end of our State to like to add that one of our greatest also home to Grissom Air Reserve Base the other. More than 80 percent of glob- contributions has been and will be al- in Kokomo, where the 434th Air Refuel- al RV production is based in Elkhart, ways Hoosier hospitality. While at ing Wing is based. The 122nd Fighter and throughout the northeast region times our country is a more divided Wing is in Fort Wayne, and A–10s are and the north-central region. So if you and complicated place, Hoosiers con- training daily. As well, there is Camp see an RV on the road, there is a really tinue to demonstrate that kindness Atterbury and the 181st Intelligence good chance it was built by hard-work- and a good meal can make the world a Wing based at Terre Haute Air Na- ing Hoosier manufacturers. There is a little better. tional Guard Base. real good chance your family is going It is an honor for me to commemo- Throughout our 200-year history, In- to have an awesome time. rate this bicentennial for this great diana’s success has helped drive Amer- We boast some of the best edu- State of Indiana. I am honored to be ica’s success. The backbone of our cational institutions in the world—as able to do this with my fellow Senator State has been built from our manufac- my colleague Senator COATS mentioned JOE DONNELLY from Indiana. turing and steel plants, our small busi- as he listed them off—attracting stu- I yield the floor. nesses, and our farms. Hoosier farmers dents, professors, and researchers from The PRESIDING OFFICER. The Sen- and those involved in agriculture know across Indiana, across our country, and ator from Indiana. what it means to work hard and do across the world. Our colleges and uni- Mr. DONNELLY. Mr. President, I rise their part. Our corn and soybean farm- versities provide an exceptional edu- today to join my colleague, DAN COATS, ers, our pork producers, and our beef cation to our students and lead the way our senior Senator from Indiana, who producers have helped to feed not just in innovation and cutting-edge re- is wrapping up his time in the Senate Indiana but our country and the world. search. as of the next few weeks. What an ex- Our dairy farmers have produced in- Not surprisingly, many know our traordinary service he has provided to credible products. On a hot summer State because of our sports heritage, our Nation, to our State. We are in- night, some of the best ice cream in the particularly in auto racing and basket- credibly grateful to Senator COATS for world comes right between the Illinois ball. This year marked the 100th run- what he has done. I also want to cele- border and the Ohio border, and the ning of the ‘‘Greatest Spectacle in Rac- brate Indiana’s bicentennial. I want to Michigan border and the Ohio River— ing,’’ the Indy 500. It is a special event reflect on the past two centuries of our that beautiful place we call home. In unlike any other. State’s rich history and the important the cities and towns across Indiana, We don’t just showcase the best Indi- contributions Hoosiers have made to small businesses are the cornerstones ana has to offer on the racetrack but our State and our Nation. For nearly a of our communities. also on the hardwood. Basketball has year now, in every corner and in every Indiana is home to nearly half a mil- been part of Indiana’s identity since community of Indiana, from the big- lion small businesses, employing al- the late 1890s. It remains king today. gest to the tiniest, we have been com- most 1.2 million Hoosier workers. So Our State has achieved great basket- memorating the storied history of our many of those small businesses are in ball success, including with history- beloved Hoosier State. agriculture as well. We don’t want to making teams like the Flying Tigers of Together, we will culminate the cele- leave anybody out. There are the ag Crispus Attucks High School, who, in bration on Sunday, December 11, when producers—so many—and the turkey 1955, became the first all African-Amer- Indiana turns 200 years old. Admitted producers, the chicken producers. If it ican high school athletic team in the to the Union in 1816, Indiana has devel- grows, we make it. We feed the world country to win a State basketball title. oped and grown into the crossroads of every single day. Few things have defined our State’s America, a welcoming place, where Throughout our State’s history, steel culture and fabric as much as basket- businesses and families can grow and has been not just a major employer but ball. succeed. also a source of pride for Hoosier com- As Senator COATS, the Presiding Offi- As Hoosiers, we take pride in putting munities. Hoosier steel serves as the cer, knows, John Wooden may be con- in an honest day’s work. We don’t want foundation of buildings and bridges all sidered the father of all coaches in this a free lunch. We don’t want a handout. across the United States. What Indiana country. He came from Indiana. As we We want the chance to work, to work a makes the United States and the world reflect on our 200 years, we have so good job, to educate our children in takes. Still today, Indiana is the larg- much to be proud of. As we look to the good schools, to ensure that our kids est producer of steel in the United next 200 years, we know that through have the tools to make a better life States. hard work and by working together, we than we did—the American dream, the Speaking of construction, the lime- can make our State’s future even more Hoosier dream—and, eventually, after stone from Southern Indiana has trav- prosperous because that is the Amer- a life of hard work, to retire with dig- eled all over the world, from places ican promise—that we work nonstop, nity, to have a chance to go fishing in like Yankee Stadium to buildings in that we work together, so that when one of our lakes, to have a chance to be other parts of the world, to buildings we look at our kids and our grandkids,

VerDate Sep 11 2014 05:11 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.106 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6896 CONGRESSIONAL RECORD — SENATE December 8, 2016 we can tell them and tell all of you: We seven individuals fighting wildfires was airdropped in as an earmark in the are going to build a stronger, better In- over the last decade and a half, I can WRDA bill and sent over to the Senate. diana. We are going to build a stronger, say, from the State of Washington’s This is an issue that should be consid- better America because that is the perspective, it is essential that we pro- ered by the Energy Committee. promise that we pass on from one gen- vide the communities the resources I say to my colleagues that, if you eration to the other. they need to fight fires. We also in- want energy policy considered in the To my friend, the senior Senator cluded a sportsmen’s bill that will help future and you want it to be a product from Indiana, I wish to tell you what a hunters and fishers. of the regular order process in the Sen- pleasure it has been to serve with you, We were also able to reach agreement ate that creates consensus, you need to what a good friend you have been, and on numerous energy provisions. For in- say to our House colleagues that are how lucky I am to have been your jun- stance, the legislation bolsters our en- refusing to move forward on a con- ior partner in this endeavor where we ergy security against cyber attacks. ference report that this situation is try to stand for America every single We improve the Department of Ener- problematic. The process that we are day. gy’s capabilities to protect the grid. We supposed to follow includes the Senate I yield back the remainder of my are not just talking about hardening and House resolving differences as part time. some of our physical infrastructure of a conference committee. Instead, if I suggest the absence of a quorum. such as hydro power projects, but actu- we pass the WRDA bill, we will be re- The PRESIDING OFFICER (Mr. ally the work that it takes to make the warding those that wish to sidetrack COATS). The clerk will call the roll. grid more resilient from hacking. We regular order and drop into bills other The senior assistant legislative clerk also reached agreement on provisions items that have not been worked out proceeded to call the roll. to develop the workforce that will be and basically don’t adhere to the rules Ms. CANTWELL. Mr. President, I ask needed to fill the 1.5 million new en- of the Senate or even the House’s own unanimous consent that the order for ergy workers that the Quadrennial En- rules against earmarks they hypo- the quorum call be rescinded. ergy Review estimates will be needed critically claim to follow. The PRESIDING OFFICER (Mr. CAS- by 2030. We were also able to reach It is a very cynical view of the world SIDY). Without objection, it is so or- agreement encouraging investments in to allow the House to add Energy and dered. hydro power projects, geothermal en- Natural Resources Committee jurisdic- Ms. CANTWELL. Mr. President, as ergy, nuclear power and other emis- tional legislation into another commit- my two colleagues from Indiana sions-free resources. Finally, this con- tee’s bill and violates the House’s own leave—again, congratulations on their ference agreement also would promote rules and basically overruns the col- bicentennial. innovation in many areas of science laborative process we used for the En- There are many great Hoosiers who that are so important to us. ergy Policy and Modernization Act. have made their way to the State of What is so frustrating is that we fol- The House has, instead, turned to Washington. One was a most beloved lowed regular order in putting together backroom deal making. Mariner broadcaster named Dave an Energy bill. We held numerous hear- I join my colleague, Senator MUR- KOWSKI, tonight to describe the great Niehaus, who was from Evansville, IN. ings followed by a 3-day committee and hard work that was done in our He was a great, great part of our sports markup. On the Senate floor, we con- conference. I think she and I believe in history. Certainly, I should mention sidered in excess of 300 amendments. it. I think we believe in the Senate the Dave Calabro, who was a Hoosier and We then worked all summer long and way it is supposed to work. We believe another great announcer for our bas- all fall with our House colleagues to in the hard work that it took to reach ketball team. We also have the great reach a conference agreement. Bill Ruckelshaus, former EPA Director It is so disappointing to now have our compromise on so many issues, and I under President Nixon. He works on House colleagues refuse to consider think we want to make sure that our colleagues know that getting to yes salmon issues and does other great these important provisions. There were was just inches away. things. many hard-fought issues upon which It is very unfortunate that the Congratulations to those Hoosier we eventually agreed. We all had to Senators today. House, instead of doing its homework, come to the table and take into consid- pursued a very cynical approach to the ENERGY LEGISLATION eration all interests. Whether you are legislative arena—something I thought Mr. President, I come to the floor talking sportsmen and open access to we jettisoned a decade ago— with my colleague Senator MURKOWSKI hunting, which my colleague from airdropping things in the dark of night. of Alaska to talk about all the great Alaska so championed, or whether you I mistakenly thought the House leader- work that was put into developing the are talking about how to get water ship was being earnest about making Energy Policy Modernization Act. The agreements that involve fishermen, sure that the legislative process is Presiding Officer knows well how much tribes, farmers, and a variety of river transparent. work we put into that legislation. interests—we were able to accomplish I hope our colleagues will understand We are here today after many mark- that. Or whether you are talking about these are important policy issues and ups, many amendments, and what was fixing the fire funding budget issue take the remaining days—if we happen an unbelievable Senate vote of 85 to 12, that has been debated back and forth to be here an extra few days this week- to urge our House colleagues to con- among our House and Senate col- end or even into next week—and en- sider the conference report on this leg- leagues for almost 7 or 8 years now, we courage the House leadership to get islation before adjourning for the year. were able to reach agreement on all of our energy and natural resources bill There are so many important provi- these things. It is very irresponsible for enacted and bank what is good public sions in this legislation that should be our House colleagues to drop the ball policy in the best interests of the enacted. by failing to consider these solutions United States. We reached an agreement to mark and taking yes for an answer. I thank my colleague from Alaska for the National Park Service’s 100th What is even more outrageous is that her leadership on the Energy Com- birthday by making an investment in now the House wants to take a provi- mittee, her hard work and dedication, our national parks. In response to re- sion subject to the Energy and Natural her willingness to work across the quests from 47 Senators, the bill pro- Resource’s jurisdiction—the California aisle, and a willingness to be very tects hundreds of thousands of acres of water issue—and airdrop it into the tough on these important thorny pub- land. WRDA bill, which is subject to the ju- lic policy issues—and not to back away We were also able to reach agree- risdiction of the Environment and Pub- from that—and to find solutions for ev- ments on important issues such as lic Works Committee. erybody in the Senate. water resources, providing and secur- As much as our House colleagues like I yield the floor. ing funding for fighting forest fires, to boast about their mythical no-ear- The PRESIDING OFFICER. The Sen- and making sure that communities mark rule, the California water deal ator from Alaska. that are at risk of wildfires get the at- that is now being decried in newspapers Ms. MURKOWSKI. Mr. President, I tention they so deserve. Having lost in California as the ‘‘midnight rider,’’ acknowledge the very good work of my

VerDate Sep 11 2014 05:11 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.107 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6897 friend, colleague, and neighbor to the how a bill should be moved through a Science Committee, the House Energy south of us from Washington State, committee. Just the other day, I was and Natural Resources Committee—we Senator CANTWELL. told that our bill, the Energy bill, is have been meeting to resolve our dif- She has been a partner throughout the model that is being used as what to ferences. Again, staff has been working this 2-year process we have been en- do in that training program. around the clock. Just this weekend, gaged in as we have tried to formulate This is quite the compliment; how- we went through hundreds of pages to and format a renewed energy policy for ever we still have to get it over the fin- close out all of the issues. Again, we this country, something that has not ish line. This is where Senator CANT- did it by the book. We did what we been done in close to a decade. WELL and I are so frustrated. This is were supposed to be doing. We were the We acknowledged early on that there where we are so frustrated because, team players here. We adhered to the were going to be policy differences we after 2 years of work and being this regular order process. each have, given where we come from close to the finish line, we are being de- Senator CANTWELL said we were and some differing views, but we were nied that opportunity to share this doing the ‘‘normal’’ process. But I committed to working together to success and all because of lack of ac- think what we are doing now is ex- work through the thorny issues, to tion over in the other Chamber. traordinary. It is not normal—because work toward consensus, not only that We started this Energy bill by con- it seems that, if there is guerilla war- she and I could come to but our whole vening ideas. We held hearings in fare that is going on, that seems to be committee and, ultimately, the Sen- Washington, in Alaska, and other the way to move a bill nowadays. That ate. We were successful in doing that. places in between. We gathered the does not send a very powerful message I also acknowledge the good work of ideas for what we hoped was going to nor set a good example for how to ad- Senator CANTWELL’s staff, as well as be the first major Energy and Natural vance a consensus measure such as we my staff, on the Energy Committee. Resources bill signed into law in nearly have with the Energy bill. These folks have been working tire- a decade. We held oversight hearings We were really on the right track lessly for 2 years, but more imme- and legislative hearings. We reviewed until just a couple of weeks ago when diately—and when I say tirelessly, over 115 separate bills. We spent weeks it became pretty apparent that the pretty much 24/7 for the past several negotiating a base text of the bipar- House was, plainly stated, just done. weeks, in trying to get us to a point tisan bill. We held markups where our They were finished. They stopped nego- where instead of talking about what bill drew support from nearly all of our tiating in good faith. They stopped try- might have been in an energy bill, Members. Then we brought it here to ing to work to reach agreement. being able to stand in front of my col- the floor. So we are at that point where we leagues and tell them these are the pol- Yes, we had some bumps along the have the House going out. We are told icy changes that we will now see placed way. Flint, which certainly needed to we here in the Senate are going to be into law. be addressed, was part of it. That wrapping up shop. But, as Senator I had truly wished I would not be in seems like ancient history now. But we CANTWELL has outlined, what col- a situation where I would have to come persevered. We worked through all of leagues need to know is what is being to the floor and speak negatively about the issues. We added more priorities for left behind on the table. It is not just where we are right now because, as our Members, to the point where over the guts of this conference bill that we Senator CANTWELL outlined, the proc- 80 different Senators had their prior- have been negotiating that is on the ess we have been engaged in is one that ities incorporated into our bill. table; what is on the table a tremen- we are proud of, but also that the insti- Then, in April, 85 Members of this dous amount of time and effort put tution should be proud of. body—85 Members—voted in favor of forth into a good committee process Our committees are designed to be passage of this bill. When we think of that has built a consensus and a good incubators of good ideas and how we all that was contained in it, to gain product. That is a problem, and I think then allow these ideas to materialize that level of consensus, I think the it is something we are going to have to and come together through good de- Senator from Washington and I were work on. It looks like we are going to bate, amendments, refinement and doing something positive, to get every- have to work on this aggressively in then bringing that forward to the full body on board. the next year. body, again, for further work and re- Then the House responded to our En- There has been a lot of speculation finement. ergy bill in late May, and in July, we about what is really going on. What is We have done it by the book. There went to a formal conference. We began the problem? Why can’t you get a deal? are not too many things in Congress work right away. The negotiations Well, I mentioned that we have closed that look like what you learned about started just about immediately, even out every aspect of this bill with the how a bill becomes law. I am looking at before the first formal meeting of our exception of two issues, but there have the young pages sitting here. In your conference. been a lot of excuses out there that we classes, in American Government, you So think about it. We have been don’t have enough time; the bill is too learn about how a bill becomes law. working this conference between the complicated; there is not enough in it; If you read that and you see what two bodies since July—and not just on then suddenly, there is too much in it. happens around here, you would say: an occasional basis; rather, we have So we worked to address all of that, these are two different universes. You been working this aggressively. During and we got it down to two issues. Both are nodding because you know you are this conference, we have held more of those issues can be easily resolved in seeing that. than 75 bipartisan and bicameral nego- plenty of time for us around here if ev- What we have attempted to do and tiating sessions at the staff level. erybody is willing to sit down and work what we have done for the past 2 years There have been countless more meet- through them in good faith. In fact, on is to allow our committees to work, to ings and daily interactions amongst both of those issues, the Senate has al- take the good ideas from energy-pro- our staff. The final conference report ready written—we have already pro- ducing States such as Alaska and Lou- includes provisions from 74 Members of posed the modifications that were nec- isiana, and to work with colleagues the Senate and 224 Members of the essary to reach the final agreement. from the interior of the country with House. That means there is input from What happened when we sent them views and ideas that are perhaps dif- almost 60 percent of the U.S. Congress over? We wait. It is going to be half an ferent than ours, building consensus included in the conference report. This hour, an hour, and now it is half a day. with energy policy, with resources, is not a bill where we are cramming it That is not good faith. with access. We did it. We have been through; this is a measure of consider- I will give one specific example. This that textbook example of regular order able consensus. relates to LNG export projects. This is process. The chairmen and the ranking mem- something, quite honestly, that folks I am actually told that they have a bers of the committees of jurisdiction, had agreed was going to be a part of training course or a training program whether it is here in the Senate Energy the bill. We have included it in every offered in the Congress that walks and Natural Resources, the House Nat- Senate offer. It was taken out by the committee staff through examples of ural Resources Committee, the House House. Then, when the House says,

VerDate Sep 11 2014 05:11 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.110 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6898 CONGRESSIONAL RECORD — SENATE December 8, 2016 ‘‘Your bill doesn’t seem to have enough around the country who loved him and 95 years on Earth. I hope my colleagues in it. What happened to LNG?’’ we say cared for him and respected him. will join me in sending out our love ‘‘You took it out.’’ Let’s not be moving It has been one of the great lessons of and prayers to John’s family at this the goalpost. my life to get to know John Glenn and difficult time during the holidays. What we have is vitally significant for Connie and me to count him and I heard John Glenn stories even for many in our Western States. It in- Annie as mentors and friends. We re- today at the ceremony unveiling the cludes forest management reform with member just a few short years ago, on portrait of our Democratic leader the potential for a fire budget fix, for the 50th anniversary of his flight into HARRY REID, which took place in the our sportsmen and women who care space, the night before, we had dinner Russell Building, and a number of about accessing our public lands for with John and Annie, Connie and I and former colleagues of John’s came up to hunting and fishing and recreational his children, David and Glen, and his me and they had just heard of his death shooting. It includes a water package daughter-in-law, David’s wife, and how that happened midafternoon today. So to help boost our water storage and interesting and joyous it was to hear I thank them for their memories. management in some of our most him recount his experiences and so f drought-stricken Western States. It much of what he has done. We loved has a robust public lands title with him. We will miss him. We will con- MINERS PROTECTION ACT more than 50 bills in it that provide ev- tinue to draw strength and wisdom Mr. President, last night Senator erything from the expansion of a VA from the lessons he shared with us over MANCHIN and I were on the floor of the cemetery in South Dakota to high-pri- the years. Senate with Senators WYDEN and DON- ority land exchanges in places like Col- The first time I met John Glenn was NELLY and CASEY, and we were again orado. We have language related to the in 1969. It was Colonel Glenn then, long asking our colleagues to honor the National Park Service Centennial that before he was elected to the Senate. commitment Harry Truman made really sets our national parks on track Colonel Glenn spoke at an Eagle Scout seven decades ago to the mine workers for a second century. It includes a dinner in Mansfield, OH. Only a few of this country, to the retired mine range of nuclear, cyber security, and short weeks earlier, in my court of workers, and to their widows. We all hydroelectric innovation policies. honor, I was awarded the Eagle Scout know that the life expectancy of mine These are good things that will help award. I was 16 years old. I got to meet workers is often less than the life ex- our country move forward and produce Colonel Glenn. His words inspired us. pectancy of a teacher or an elected of- more energy that is affordable, reli- They stayed with me as I grew up and ficial or an insurance agent or someone able, and free of any form of pollution. looked for ways to serve community who works in many other kinds of busi- We have worked so hard. and country. nesses. They are more likely to be in- To be here on the 8th of December Thirty years later, John granted me jured on the job. They are more likely, and say we are out of time—well, tell the honor of walking me down this cen- in some cases, to perish on the job. that to the sportsmen who have been ter aisle. When Senators are sworn in, They are more likely to contract an ill- working for 6 years to get a legislative any term they serve, they are often ac- ness from the air they breathe and the package. And here we are on December companied by a Senator from their conditions in the mines, whether it is 8 saying we are done. Tell that to State or a former Senator—whomever black lung or whether it is some kind those—particularly from the West— that Senator-elect or that Senator who of heart disease. So this is particularly who are concerned about wildfire is soon to be sworn in chooses—and I important to mine workers and the threats year after year and whether chose to walk down with my friend and widows, that we take care of their in- the funds are going to be there not former Senator, at that point, John surance. only to address fire but to be there for Glenn. Most of the mine workers I know got the other accounts that our agencies John had a humility and a kindness a notice in late November or early this are worried about. Tell them that we unusual, perhaps, in this business and month saying their insurance would be ran out of time on December 8. in, perhaps, somebody of his level of cut off at the end of December. What a Mr. President, I have to say that we accomplishment. His kindness and in- Christmas present. We have asked Sen- have not run out of time; we have, un- telligence, his courage—we know about ator MCCONNELL, the Republican lead- fortunately, run out of a desire to work that—and his commitment to service er, who seems to be the only one stand- together to finish important work for set an example that our country needs ing in the way, month after month this country. We have plenty of time today more than ever. His legacy will after month to fix this so these widows and should not be making excuses. Now live on not just in the pages of history and these retired miners don’t get this is not the time to run down the clock. books, it will live on through the notice saying: Your insurance will be We must recognize that we have Americans he inspired, whether it was cut off. worked for 2 long years and this work a passion for exploration that led him Finally, Senator MCCONNELL, the Re- deserves to be placed into law. to join NASA, a dedication to country publican leader, asked us to make it bi- I urge my friends and my colleagues that called him to the Armed Forces, partisan. We did. We have a number of in the other Chamber to work with us or a desire to make the world a better Republican cosponsors, including Sen- on this. Let’s not give up on energy place that led him to public service. ator PORTMAN from my State, Senator policy. John will live in the hearts of every- CAPITO from West Virginia, and a num- With that, I yield the floor. I thank one who knew and loved him, including ber of others. We did that. my colleague for the indulgence of his beloved wife Annie and his wonder- Then Senator MCCONNELL said: Go some additional time. ful children, Glen and David. through regular order; put a bill The PRESIDING OFFICER. The Sen- I spoke with Annie and John on their through committee. We did that 18 to 8 ator from Ohio. 73rd wedding anniversary, and Annie in the Senate Finance Committee— Mr. BROWN. Mr. President, I appre- told me the story that—I knew they every Democrat joined by a third or so ciate the good work Senator MUR- knew each other in grade school. They of the Republicans. We did that. KOWSKI does in cooperation with people dated beginning—I don’t know exactly Then he said: That is not good in this institution. when. I asked Annie if they wanted to enough; now we want you to find a way REMEMBERING JOHN GLENN marry in high school, and she said yes, to pay for it. We did. No tax dollars in- Mr. President, today our country lost but her parents said they couldn’t do volved. This is money in the abandoned an American hero, Col. John Glenn, that because it wouldn’t last. So they mine funds assessed against the mine Senator John Glenn. I will be back on waited until after Pearl Harbor, when I companies, accumulated over the a later date to deliver a more formal believe John was 20 and Annie was 21, years. tribute with my colleague Senator and they were married for 73-plus We did all three of those things. Still, PORTMAN, but I wish to share some ini- years. Senator MCCONNELL, because of his an- tial thoughts as I, along with my wife Ohio and the United States have lost tipathy, apparently, toward the United Connie and so many Ohioans, mourn a great light today, but that pales in Mine Workers union—if he wants to for John Glenn and join so many people comparison to what we gained over his have antipathy towards the union, if he

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.111 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6899 hates unions, that is his business. I Mr. GRAHAM. Just to make sure. American soldiers, diplomats, and in- would rather he didn’t, but that is his JASTA telligence officers serving in some of business. But to stand in the way of Very briefly, I will let Senator the world’s most dangerous and dif- these widows and these retired mine MCCAIN lead off, but I want to talk ficult countries will be forced to justify workers because of his animosity to- about the way forward regarding their actions and defend the policies we ward the union is pretty troubling. JASTA. have made to defend this country be- Last night, Senator MANCHIN and I, Mr. MCCAIN. Mr. President, I would fore courts that may not share our issue after issue after issue, continued like to join my friend and colleague on standards of due process and fairness. to object to other generally non- this issue that is of transcendent im- Our allies will wonder if it is wise to controversial bills that we support— portance to America’s relationship join our coalitions to fight terrorism if some I cosponsored—until this body with our friends and allies—literally they, too, will face legal liability in does its job. But if this Senate doesn’t placing Americans and American com- courts around the world. Thus, we are act—it looks like a number of Sen- panies and corporations and govern- faced with the twisted irony that the ators, as House Members, apparently ments in great danger—particularly men and women who put themselves in have already gone home for Christmas, governments. harm’s way to bring the 9/11 attackers so I will have plenty of colleagues go I would just like to mention in pass- to justice and to defeat those who still home and celebrate the holidays. Re- ing, if my colleague will indulge me seek to attack the United States are gardless of their faith, they will cele- very quickly, because I have here in the people placed directly at risk by brate the holidays in the 3 upcoming front of me—and I will ask that it be JASTA. weeks. But these thousands of mine included in the RECORD—statements We must be concerned with the diplo- workers and thousand of mine worker from the President of the United matic and economic fallout of this law. retirees and thousands of widows of States, the Director of the CIA, the Our allies and partners around the mine workers—their Christmas isn’t Chairman of the Joint Chiefs of Staff, world, particularly those who struggle going to be so good because now—Sen- the Secretary of State, and the Sec- with terrorism at home, now wonder ator MCCONNELL offered a little bit and retary of Defense, all on this issue we when they might be hauled in to courts said: We will give you a 4-month exten- are talking about. for terrorist actions. They face poten- sion. But do you know what that The leaders of our government, from tial court-ordered damages and asset means? That means they will get the the President on down, including the seizures. Their citizens and companies heads of our most important defense letter. They have already gotten the doing business in the United States are agencies, have expressed—and I will first letter saying their insurance runs at risk. It is only reasonable that these out at the end of December. Now they quote them in just a minute. My friends, Congress passed the Jus- countries will consider pulling their as- will get a second letter, if we do the 4- sets and resources out of the United month extension, in January or Feb- tice Against Sponsors of Terrorism Act, or JASTA. It was well-intentioned States out of fear. ruary saying: Sorry, it is going to run In short, JASTA could cause our al- to allow claims against foreign govern- out again in April. lies in the fight against terrorism to How would we like to live that way? ments that might be complicit in ter- rorist attacks against the United distance themselves from us as a coun- You are going to have insurance until try that most needs their support this date, and then we will give you a States. The spirit behind the legisla- tion is noble. Any foreign government against those who mean to do us harm. little extension and you can have it Now I would like to provide some behind the attack on our homeland or until that date. That is simply not fair. quotes. Our Nation’s top national secu- our citizens must be held accountable. Maybe it is OK for us because we have rity officials have issued statements good benefits and we have good insur- But it has become clear that the unin- tended consequences of this legislation and written to Congress to warn us ance, but it is not OK with them. about the unintended consequences of So I am hopeful that Senator MCCON- are quite grave. As it exists now, JASTA presents a JASTA. NELL and Republican leaders will bring Let’s begin with President Obama. I this to the floor, will support a 1-year— significant risk to the United States and our military and diplomatic per- will quote from his letter from White we want more. We would like to see the House. He wrote: pension problem fixed too. But before sonnel serving across the globe. As it currently exists, as my col- JASTA . . . would neither protect Ameri- the holidays, let’s do a 1-year extension cans from terrorist attacks nor improve the on the insurance. It is a commitment league from South Carolina will ex- plain in greater detail, JASTA under- effectiveness of our response to such attacks. President Truman made and Presidents Doing so would instead threaten to erode mines a fundamental international of both parties for seven decades have sovereign immunity principles that protect honored. It is the least we can do. I norm of sovereign immunity that pro- the United States, including our U.S. Armed tects governments from being sued in think we should stay here and work up Forces and other officials, overseas. court except in narrow circumstances. until Christmas if it doesn’t happen. I will admit that Senator GRAHAM I suggest the absence of a quorum. If this law is not narrow—and please, and I have a special relationship with The PRESIDING OFFICER. The my colleagues, understand, the Senator the men and women who are serving— clerk will call the roll. from South Carolina and I are not for his 22 years as a member of the U.S. The legislative clerk proceeded to abolishing this law; we are for putting Air Force Reserve and every year going call the roll. in a scope that protects the United to Iraq or Afghanistan; I obviously States of America; that is, if we allow Mr. GRAHAM. Mr. President, I ask have sons who have served. I don’t our laws to target governments indis- unanimous consent that the order for want to see my sons or anybody else’s criminately, we will expose our coun- the quorum call be rescinded. sons in court because they might have try to grave risk and undermine our The PRESIDING OFFICER. Without violated a sovereign nation the way ability to pursue justice in a complex objection, it is so ordered. that we are saying JASTA affects our Mr. GRAHAM. Mr. President, I ask world. country. unanimous consent to enter into a col- No country in the world stands to Enacting JASTA into law, however, would loquy with Senator MCCAIN when he lose more from an erosion of these legal standards than the United States neither protect Americans from terrorist at- arrives. tacks nor improve the effectiveness of our The PRESIDING OFFICER. Without of America. The United States has response to such attacks. Doing so would in- objection, it is so ordered. more bases and more forward-deployed stead threaten to erode sovereign immunity Mr. GRAHAM. Right on cue, so I will personnel protecting peace and secu- principles that protect the United States, in- start off here. rity than any other country. JASTA cluding our U.S. Armed Forces and other of- Mr. MCCAIN. Mr. President, I ask now gives these countries an incentive ficials, overseas. unanimous consent for a colloquy be- to bring these brave men and women to The Secretary of Defense wrote: tween myself and the Senator from court to answer for U.S. counterterror- U.S. Servicemembers stationed here and South Carolina. ism policies. overseas, and especially those supporting our The PRESIDING OFFICER. Without If other countries pass similar legis- counterterrorism efforts, would be vulner- objection, it is so ordered. lation, it means the United States and able to private individuals’ accusations that

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.113 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6900 CONGRESSIONAL RECORD — SENATE December 8, 2016 their activities contributed to acts alleged We need to fix this law. Let me give you an example of how to violate a foreign state’s law. I ask my colleague, let’s make it that can come back to haunt us. We He continued to say that, whether clear, are we asking to have this law are engaged in a conflict in Syria guilty or innocent, ‘‘the mere allega- repealed? Are we asking that people in today. We are training, providing weap- tion of their involvement could subject countries that are responsible for acts ons, and training a lot of groups inside them to a foreign court’s jurisdiction of terror to be let off the hook? Are we Syria to destroy ISIL. One of those and the accompanying litigation and trying to say committing acts of terror groups is the WPG Kurds. They are lit- intrusive discovery process that goes can be sponsored by any nation and we erally the cousins of the PKK, a ter- along with defending against such law- will turn the other way? That is basi- rorist organization inside Turkey. suits. . . . Our servicemembers might cally the argument that is being There is friction between the Kurds be required to testify about or provide mounted in sometimes hysterical fash- and Syria and the Turkish Govern- documents on operations that they are ion, and what we are trying to do is to ment, and it is beginning to bubble up. obligated under U.S. law not to dis- ensure that a government must know- We are knowingly providing training close, exposing them to punishment for ingly—maybe not even have done it to Kurdish elements inside Syria for contempt by the foreign court, includ- themselves but knowingly. Isn’t that the express purpose of enlisting them ing imprisonment.’’ the key, particularly coming from in the fight against ISIL. What I don’t According to the Secretary of De- someone with your background as an want to have happen is that the CIA of- fense, we could be risking imprison- officer trained in the Uniform Code of ficer, the special forces soldier, any- ment for the men and women who are Military Justice and the International body in our government who is work- serving in our military overseas. Rule of Law? ing in the training, equipping process Mr. GRAHAM. Thank you, Senator The Chairman of the Joint Chiefs of to be held liable if that training and MCCAIN. Your overview was excellent Staff—I think we all respect the Chair- those weapons are used to go into Tur- about the perils we face as a nation if man of the Joint Chiefs of Staff. Here key or some other place where we we don’t modify the law. I will try to is his view: didn’t intend for it to happen and give you a couple of minutes of how did Any legislation that risks reciprocal treat- didn’t know about it. we get to here. After 9/11—the most ment by foreign governments would increase As this law is written now, it is my horrific attack on our homeland, the vulnerability of U.S. Servicemembers to fear the very act of helping them do maybe ever, I guess, since the Civil foreign legal action while acting in an offi- one thing could make you liable for ev- War—the bottom line was that we re- cial capacity. erything they do. We are trying to nar- In those cases . . . the Servicemember sponded as a nation in many ways. The row the scope, and we are trying to could be held in civil, or criminal, contempt 9/11 families have a special place in make sure that whatever claim against should he or she refuse to appear or other- American history and our hearts. They a foreign government lies for the 9/11 wise comply with the foreign court’s orders. have been pursuing legal claims attack, that we don’t open the door to The Secretary of State, John Kerry, against those responsible for the at- lawsuits, imprisonment, criminal com- wrote: tack. JASTA could encourage foreign courts to Sovereign immunity is a concept plaints, liability by us as a nation- exercise jurisdiction over the United States that protects our government and state for all of the activities we are or U.S. officials. every other government from doing doing throughout the world. The same thing. business because if you don’t have the We are training people in Mosul, in The Director of CIA wrote: sovereign immunity, you can’t func- Iraq today. We have been training the (JASTA) will have grave implications for tion as a government. There are waiv- Iraqi Security Forces. We have been the national security of the United States. ers to that concept—a tort. If some- training tribal militia. The one thing I The most damaging consequence would be body in Saudi Arabia is driving a car don’t want to have happen is the people for those US Government officials who duti- down the streets of New York and they who provide the weapons and train- fully work overseas on behalf of our country. ing—that if a Sunni group, for some The principle of sovereign immunity pro- are working for the Embassy and con- sulate and they hit you, there is a reason out of our control, goes into a tects US officials every day, and is rooted in Shiite village and commits a genocide reciprocity. If we fail to uphold this standard process where you can sue. You can sue for other countries, we place our own na- your own Federal Government—the or the reverse or we are helping the tion’s officials in danger. No country has Federal Tort Claims Act—if you are in- Shiites and they go on a sectarian more to lose from undermining that prin- jured as a result of being hit by a mili- binge, I don’t want us to be held liable ciple than the United States—and few insti- tary vehicle. Even though sovereign unless you can prove that we know- tutions would be at greater risk than the immunity applies, we waived that to ingly engaged in the act in question; CIA. allow citizens who have been injured that it wasn’t enough just to help the Which certainly makes sense. torturously to bring claims in a very tribal leaders, Sunni tribal leaders, So here we have the Director of the controlled process. fight Al Qaeda; that if they do some- CIA, the Vice President of the United The 9/11 families, for well over a dec- thing outside of what we intended, the States, the Chairman of the Joint ade now, have been pursuing nation- only way we can be liable and people Chiefs of Staff, the President of the states like Saudi Arabia in court, try- working for us can be liable is if we United States, the Secretary of De- ing to hold them liable for the act of knew about it and we are involved in fense—all want us to narrow the inter- terrorism of the 19 hijackers. Under it. That is what is missing. pretation of this law. What does it re- our law, a tort does not include acts of It may be harder for the lawyers rep- quire? Whose word more do you want? international terrorism. I was very resenting the 9/11 families to prove the All I am saying is that we need to open-minded to say, certainly, that is a case, but if we don’t make the standard narrow the law. We must make it clear tort. If you are injured or killed be- as I described, we are opening ourselves that countries will not be held respon- cause of an act of international ter- up as a nation and all of those through- sible for rogue actions of their citizens. rorism, you have been harmed, and I out the world. Unless we can show that a nation don’t mind holding somebody respon- Nobody understands the world better knowingly assists a terrorist group, sible who caused that harm. than Senator MCCAIN. I promise you, sovereign nations should not be Now you are getting into the oper- we are providing aid and assistance to dragged into our courts. ation of a nation-state. If you believe groups who are very questionable at If we don’t fix JASTA, our ability to the Saudi Government collaborated best, but that is the world we live in. defend ourselves will be undermined with the 19 hijackers and they knew or The Mideast is a complete mess. I don’t and the people we ask to go into should have known about the attack want my country, our country, and harm’s way on our behalf will be placed and assisted in the attack, not only those who serve under our flag to ever in jeopardy. America must pursue jus- should they be held liable in our courts be hauled into a foreign court because tice, but in the long run, JASTA will as probably an act of war under inter- they were doing the training and the make it harder, not easier, to bring national law. Unfortunately, the way equipping that our Nation ordered terrorists to justice and prevent ter- we have structured this law, that re- them to do, and I don’t want us as a na- rorism in the first place. quirement does exist. tion to be responsible for acts we did

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.114 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6901 not know about or intend to happen. for the fundamentals of this law but seized or attached if we didn’t know Just simply helping somebody doesn’t also a deep concern about the ramifica- the people in question were actually make you liable for all the things they tions my colleague from South Caro- going to attack Saudi Arabia and col- might do down the road. lina just described. laborate in that attack. If there is evidence that the Saudi Let’s for a moment put yourself in Mr. MCCAIN. I have another sce- Government knowingly or should have their position. You face now the possi- nario—drone strikes. We commit drone known about the attacks of 9/11 and bility of a lawsuit brought against strikes literally everywhere in the aided that attack, you can bring a your country because some acts of ter- Middle East where we find there are claim. If it is any less here for the 9/11 ror have taken place by citizens of terrorists who are capable of mounting attack, then that lesser standard would your country without your knowledge attacks on the United States of Amer- be used against us because countries, or assistance. You are about to go into ica. They are precision strikes, but on as I speak, are adopting their version court in the United States of America, many occasions, civilians, as collateral of JASTA. The one thing we don’t want and you have significant assets—and damage, have also been killed. Those to do is open up the international legal you are the lawyer and I am not, but it are just facts. system to claims against America seems to me the first thing a good law- What exposure are we subject to based on what we did here at home and yer is going to want to do is freeze the now? not have thought it through very well. assets, pending the outcome of the suit Mr. GRAHAM. Mr. President, that is I would end on this. We all voted for that is being brought. By the way, I a really good question because the pur- it because we are sympathetic to the have received no threats in our con- pose of this legislation is to hold na- cause and want to make sure the 9/11 versations with these countries. tion-states responsible for aiding ter- families can proceed in court to hold Wouldn’t anybody in their right mind rorist organizations. The YPG Kurds, those accountable for the horrific acts say, Hey, I am not going to risk having in the eyes of Turkey, could be a ter- against their families. I don’t think we my assets frozen there and maybe rorist group. Al Qaeda is certainly con- are helping those families by passing a spend years in litigation in the courts. sidered a terrorist group in the eyes of law that is not well thought out and Mr. GRAHAM. Yes. I think the for- everybody. We are now chasing terror- putting other families at risk who are eign policy of nations and the willing- ists all over the world. We are receiv- in the fight today. ness to assist us as a nation is very ing information from one organization, This is not suing for a war that is much up in the air if we don’t somehow taking that information, militarizing over. The damage is done after the war. modify this law because if you are it, using it in a lethal fashion, and hit- The war on terror is very much alive doing business in the United States— ting people we don’t intend to hit. and well. As far as the eye can see, let’s pick Saudi Arabia. The claims can Here is what would solve this prob- America is going to be involved in be brought against the Saudi Govern- lem. For a liability to exist on any na- equipping, training, aiding, and assist- ment. If there is a judgment, those as- tion-state, including the United States, ing groups. I don’t want our country to sets can be attached and they can be the only time you can be sued is if you be held liable and the people we ask to taken. If you are not doing business intended and knowingly engaged in the do the training and equipping to find here, you don’t have to worry about activity, partnering with a terrorist themselves in a foreign court unless we your assets being taken by a court. group or separately, with the knowl- as a nation knew and intended the con- I want to stress this. There can be a edge that you meant for this to hap- sequence in question. claim, but that claim has to be able to pen. If we don’t have that knowing re- If we don’t change this law, we will prove that the nation-state—example, quirement, we are going to open our- have not served those in the fight very Saudi Arabia—knew or should have selves up to a lot of heartache through- well. We can modify this law in a way known of the attack itself and aided out the world. to allow claims to go forward post-9/11. the attack. If you can prove that, we Mr. MCCAIN. Mr. President, isn’t it All of us agreed to a process to allow not only should allow all lawsuits, we logical to say that you shouldn’t hold a the 9/11 families to move forward. I should rethink our relationship with government of a country liable if some- hope all of us can agree, or at least Saudi Arabia. thing happened by attack from their most of us, to modify that process to Here is what the Saudis tell me. If we country or by one of their citizens that make sure we don’t have unintended actually did that, I don’t blame you for we didn’t know about? I mean, this is consequences that everybody in the na- rethinking the relationship with us. why I am confused as to why that just tional security infrastructure of the What you say is very true, Senator doesn’t have a logical aspect to it. We United States is telling us we created. MCCAIN. If this law stands in the don’t want to hold people who are not No Member of the Senate, in wanting United States—and this is an emo- guilty liable for damages. to help 9/11 families, I believe, wants to tional time in the world. Juries render Mr. GRAHAM. Mr. President, this is expose other families and those who justice, but Mideastern nations are not a really good question. One of the con- serve this Nation to being hauled into very popular right now, for sometimes cepts we want to introduce into the foreign courts and being accused of a good reason. The Saudis are helping new modification is discretionary deci- crime and being sued. We have a people in Yemen. They are helping peo- sions by nation-states. The original bill chance to fix it. I will tell you this. If ple in Syria. Sometimes they are help- said you couldn’t sue based on a discre- we don’t fix it, we are going to regret ing people differently than we are help- tionary decision—a planning activity, it because the activities we are en- ing because they are more worried a strategic decision. Apparently, there gaged in today, I am afraid, could be a about Iran than Assad. is some evidence that lower-level Saudi basis of action against our Nation It is a complex world, and I think na- officials or people in Saudi Arabia pro- under the law we passed. tion-states are going to be reluctant to vided some money, helped people get If you did exactly what this law al- do business in America if they come passports, helped people do this, helped lows in another country and the ter- from a complex part of the world if we people do that. We don’t want to be rorist organization was helped by the don’t modify this law because all of held liable if we have a rogue employee United States, even if you view them their assets are subject not only to in a consulate somewhere. It has to be as terrorists, even though we didn’t being confiscated through a court proc- that the nation-state at the highest know about what they did, we could be ess, it would no longer be a safe place level of government—to be liable for liable, and I don’t want that. to do business. the torturous act—knew or should have Mr. MCCAIN. May I ask my colleague I would stress this. The same thing known. If we don’t want to be guilty by one additional question? could happen to us in other countries. association, you don’t want to be held We have heard from literally every If some groups we are helping in Syria liable as an entire nation-state because Middle Eastern country on this issue. somehow want to take on Saudi Arabia you have one part of the government No threats have been made. The con- because they don’t like their govern- doing a function that was not approved versation between us and Ministers of ment, I don’t want us to be sued in by the government as a whole. various countries in the Middle East Saudi court and the American business All I can say is we are making stra- have been of grave concern of support assets that lie in Saudi Arabia be tegic decisions today. I don’t know how

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.115 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6902 CONGRESSIONAL RECORD — SENATE December 8, 2016 much money we have given to the Mr. President, I ask unanimous con- bers stationed here and overseas, including Kurds and other allies in Syria fighting sent that the letters from the Presi- those supporting our counterterrorism ef- ISIL, but I can tell you some of these dent of the United States, the Sec- forts, would be vulnerable to accusations groups in the eyes of other people in that their activities contributed to acts that retary of State of the United States, allegedly violated foreign laws. Without im- the region are terrorists, and they have the Chairman of the Joint Chiefs of munity, we could be forced to defend our- an agenda outside of fighting ISIL. I Staff, and the Secretary of Defense be selves in foreign courts regardless of whether don’t want to be liable because we printed in the RECORD. the United States or its officials had in fact helped them in the cause of fighting There being no objection, the mate- provided support for terrorist acts or com- ISIL if they go and do something else rial was ordered to be printed in the mitted acts in violation of foreign laws. Such to harm somebody else, some other na- RECORD, as follows: lawsuits could subject the United States and tion, unless we knew about it, because its officials to intrusive and time-consuming THE WHITE HOUSE, discovery, including demands from foreign it will stop our ability to have part- Washington. litigants and courts for sensitive U.S. Gov- ners. Unfortunately, in the war on ter- Hon. HARRY REID, ernment information or intelligence. Such ror, you are not going to win the war if Minority Leader, U.S. Senate, lawsuits could also lead to sizeable money you don’t make alliances, and some- Washington, DC. damages and efforts to attach U.S. Govern- times these alliances are with pretty DEAR SENATOR REID: Thank you for speak- ment property to satisfy those judgments— ing with me about the Justice Against Spon- efforts to which we would be particularly unsavory people. sors of Terrorism Act, or JASTA. As I noted Saudi Arabia is in the same position vulnerable given our substantial worldwide in my message vetoing the bill and reiter- presence. And foreign states could create ex- we are. If you open the floodgates and ated on our call yesterday, I strongly believe the United States is liable because of ceptions to sovereign immunity that do not that enacting JASTA into law would be det- directly mirror those created by JASTA, the activity that occurred, people from rimental to U.S. national interests. which would exacerbate these risks. your country are involved, but you I am firmly committed to assisting the The JASTA also threatens to expose even don’t have the requirement of saying families of the victims of the terrorist at- our closest allies and partners to litigation you knew about it and you wanted it to tacks of September 11. 2001 (9/11) in their pur- in U.S. courts. JASTA would go well beyond suit of justice. Over the last eight years, my happen. Then we are opening ourselves 9/11 or the Kingdom of Saudi Arabia, and a Administration has continued and expanded number of our allies and partners have ex- up to a liability all over the globe be- upon the U.S. Government’s unprecedented cause, unlike Saudi Arabia, we are all pressed serious concerns about the bill. I am response to the 9/11 attacks. We have relent- concerned that the enactment of JASTA over the place. We are everywhere—in lessly pursued al-Qa’ida, killed Osama bin would risk eroding the cooperation we must the Philippines. I can’t think of a re- Laden, supported and signed legislation that have from partners and allies to defend the gion in the world where there are not provides treatment for first responders and Nation. And as I noted in my veto message, American operatives, intelligence offi- other survivors, and declassified additional JASTA threatens to take decisions con- cials, or military officials who are not information on the attacks so the families of cerning potential foreign state involvement 9/11 victims can better understand the infor- somehow joined in the fight against in terrorist attacks out of the hands of na- mation investigators gathered following that tional security and foreign policy profes- different forms of terrorism, and all I dark day. am asking is that we modify this law. sionals and to place such decisions instead in Enacting JASTA into law, however, would the hands of private litigants and courts. You can bring a claim against anybody neither protect Americans from terrorist at- This is neither a coordinated nor an effective you think caused 9/11, including a tacks nor improve the effectiveness of our way to respond to such concerns. country like Saudi Arabia, but you response to such attacks. Doing so would in- To be clear, my opposition to JASTA is have to prove that the government stead threaten to erode sovereign immunity based primarily on its potential impact on knew about it, should have known principles that protect the United States, in- the United States. Sovereign immunity prin- cluding our U.S. Armed Forces and other of- ciples do protect all Nations. But the United about it, and aided in the actual act. ficials, overseas. This is why I vetoed the bill That is not in the law, and if we don’t States has a larger international presence, and why I believe you should vote to sustain by far, than any other country—we are ac- put that in the law, it will bite us all, that veto. tive in a lot more places than any other and everybody fighting this war is try- In general, JASTA would allow lawsuits in country, including Saudi Arabia. This means ing to tell us we have gone too far. U.S. Federal Courts against foreign coun- we benefit more from the principles that Next year Senator MCCAIN, Senator tries for actions taken abroad that are al- JASTA threatens to erode than any other GRAHAM, and hopefully others, will leged to have contributed to acts of ter- country and have more to lose if those prin- make it a top priority to modify this rorism in the United States, notwith- ciples are eroded than any other country. law so we can conduct foreign policy as standing long-standing principles of sov- ereign immunity. We already have ways of THE SECRETARY OF STATE, a nation and not put our warfighters at addressing state-sponsored terrorism. In risk and those we rely upon to win this Washington, April 15, 2016. fact, under existing law, lawsuits may be Hon. LINDSEY O. GRAHAM, war, because we are not helping the 9/ brought for actions taken abroad that con- Chairman, Subcommittee on State, Foreign Op- 11 families by putting people at risk for tribute to acts of terrorism only against erations, and Related Programs, Committee no good reason who are out there all countries that have been designated as state on Appropriations, U.S. Senate, Wash- over the world trying to protect us. sponsors of terrorism. Under JASTA, this ington, DC. That is exactly what we have done if very limited class of potential foreign state DEAR MR. CHAIRMAN: I am writing to ex- we don’t modify this law. defendants would be expanded to encompass press the Department of State’s concerns re- every country in the world. JASTA therefore Mr. MCCAIN. Mr. President, this is garding S. 2040, the Justice Against Sponsors threatens to upset immunity protections of Terrorism Act (JASTA). not the opinion of the Senator from that benefit the United States more than We deeply sympathize with all victims of South Carolina and myself. This is the any other Nation. terrorism and appreciate the motivation be- opinion of the President of the United The consequences of JASTA could be dev- hind this legislation. The U.S. government States. This is the opinion of the Sec- astating to the Department of Defense and condemns all acts of terrorism, and the De- retary of Defense. This is the opinion its Service members—and there is no doubt partment has long supported efforts of U.S. of the Secretary of State. This is the that the consequences could be equally sig- terrorism victims to pursue compensation opinion of the Director of the Central nificant for our foreign affairs and intel- while also leading international efforts to ligence communities, as well as others who Intelligence Agency. This is the opin- combat terrorism and prevent more attacks work in furtherance of U.S. national secu- and more victims. ion of the Chairman of the Joint Chiefs rity. The United States relies on principles However, as it presently stands, JASTA of Staff. of immunity to prevent foreign litigants and would strip sovereign immunity protections I have had a lot of support in my foreign courts from second-guessing our from all nations (not just designated state time on various issues. I cannot re- counterterrorism operations and other ac- sponsors of terrorism as under current law) member a time in the last 30 years tions that we take every day. Other coun- for a wide range of actions taken outside the where literally every leader in govern- tries could attempt to use JASTA, however, United States that lead to injury or loss in ment has come out in the strongest to justify the creation of similar exceptions the United States, including but not limited possible fashion not to do away with to immunity targeted against U.S. policies to acts associated with terrorism. This broad and activities that they oppose. As a result expansion of the Foreign Sovereign Immu- JASTA but to fix it so the United our Nation and its Armed Forces, State De- nity Act’s jurisdictional provisions will be of States of America itself is not put in partment, intelligence officials, and others deep concern to many foreign governments jeopardy as other nations adopt this may find themselves subject to lawsuits in with potentially grave repercussions for U.S. same law. foreign courts—for example, Service mem- national security interests. The United

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.117 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6903 States benefits significantly from the pro- may subject them to the jurisdiction of a which could lead to efforts to attach U.S. tection afforded by foreign sovereign immu- foreign court. Government property to satisfy those nity given its extensive diplomatic, security, Sincerely, awards. Given the broad range of U.S. activi- and assistance operations around the world. JOSEPH F. DUNFORD, Jr., ties and significant presence around the JASTA could encourage foreign courts to ex- General, U.S. Marine Corps. world, including our Department’s foreign ercise jurisdiction over the United States or bases and facilities abroad, we would have U.S. officials—including members of our STATEMENT SECRETARY OF DEFENSE ASH numerous assets vulnerable to such at- military and intelligence community—for CARTER, DECEMBER 7, 2016. tempts. actions taken here which may cause injury I appreciate the opportunity to provide Third, it is likely that litigants will seek outside our borders. JASTA could also ex- views on the potentially harmful con- sensitive government information in order to pose U.S. allies and partners to litigation in sequences that the Justice Against Sponsors establish their case against a foreign state U.S. courts that will raise significant foreign of Terrorism Act (JASTA) may have on the under JASTA in U.S. courts or against the policy sensitivities and could limit their co- United States, the Department of Defense, United States or U.S. personnel in a foreign operation on key national security issues, and Service members. court. This could include classified intel- including counterterrorism initiatives. It As I stated in my testimony before the ligence data and analysis, as well as sen- could also generate concerns about the secu- Senate Armed Services Committee on Sep- sitive operational information. rity of foreign state assets in the U.S. finan- tember 22, 2016, I agree with the intent of Furthermore, if the United States or U.S. cial system. JASTA, which is to honor the families of 9/ personnel were to be sued in foreign courts, I ask you to consider the unintended con- 11 victims. However, the potential second- such information would likely be sought by sequences of passing this legislation in its and third-order consequences of JASTA foreign plaintiffs, and it would be up to the current form. We remain prepared to work could be devastating to the Department and foreign court whether classified or sensitive with Congress on appropriate changes that its Service members and could undermine U.S. Government information sought by the would mitigate the harmful impacts on U.S. our important counterterrorism efforts litigants would be protected from disclosure. foreign policy and national security. abroad. Moreover, the classified information could Thank you for your leadership on so many In general terms, JASTA allows lawsuits well be vital for our defense against the ac- critical national security issues. in U.S. Federal Courts against foreign states cusations. Disclosure could put the United Sincerely, for actions taken abroad that are alleged to States in the difficult position of choosing JOHN F. KERRY. have contributed to acts of terrorism in the between revealing classified or otherwise United States, notwithstanding longstanding sensitive information or suffering adverse DEPARTMENT OF DEFENSE, CHAIR- principles of sovereign immunity. Under the rulings and potentially large damage awards MAN OF THE JOINT OF CHIEFS OF law that existed before JASTA was enacted, for our refusal to do so, and could even result STAFF, similar lawsuits were available for actions in the imprisonment of U.S. personnel for re- Washington, DC, 7 December 2016. only against designated state sponsors of fusing an order of a foreign court to disclose such classified or sensitive information. Hon. JOHN MCCAIN, Chairman, terrorism. JASTA has extended the stripping Finally, foreign lawsuits will divert re- Committee on Armed Services, of immunity to states that are not des- sources from mission crucial tasks; they U.S. Senate, Washington. DC. ignated sponsors of terrorism, potentially could subject our servicemembers and civil- DEAR MR. CHAIRMAN: Thank you for the op- subjecting many of the United States’ allies portunity to offer advice on congressional ef- and partner nations to litigation in U.S. ians, as well as contractor personnel, to forts to mitigate concerns I expressed re- courts. depositions, subpoenas for trial testimony, and other compulsory processes both here garding legislation that may expose U.S. We have concerns that JASTA may cause and abroad. Indeed, such personnel might be Service members to the jurisdiction of for- foreign governments to enact legislation to held in civil or even criminal contempt if eign courts. create exceptions to immunity for conduct On 27 September 2016, I forwarded concerns by the United States and its personnel. Such they refused to appear or to divulge classi- regarding the potential second- and third- legislation may not directly mirror, and may fied or other sensitive information at the di- order consequences of legislation that erode be more expansive than, the exceptions cre- rection of a foreign court. the long-standing principle of sovereign im- ated by JASTA. This is likely to increase Mr. MCCAIN. Mr. President, I urge munity. These were: our country’s vulnerability to lawsuits over- my colleagues to pay attention to the Any legislation that risks reciprocal treat- seas and to encourage foreign governments most respected individuals in this ment by foreign governments would increase or their courts to exercise jurisdiction over country and pay attention to why they the vulnerability of U.S. Service members to the United States or U.S. officials in situa- object, not to the entire bill but to the foreign legal action while acting in an offi- tions in which we believe the United States provisions that would, as Director cial capacity. is entitled to sovereign immunity. U.S. Serv- In those cases where a foreign government ice members stationed here and overseas, Brennan said, cause the most damaging decides to exercise jurisdiction over a U.S. and especially those supporting our counter- consequences for those U.S. Govern- Service member, the Service member could terrorism efforts, would be vulnerable to pri- ment officials who dutifully work over- be held in civil, or criminal, contempt should vate individuals’ accusations that their ac- seas on behalf of our country. he or she refuse to appear or otherwise com- tivities contributed to acts alleged to violate The Director of the CIA said that the ply with the foreign court’s orders. a foreign state’s law. Such lawsuits could re- principle of sovereign immunity pro- If a U.S. Service member were to be sued in late to actions taken by members of armed tects U.S. officials every day and is a foreign court, it would be up to the foreign groups that received U.S. assistance or train- rooted in reciprocity. If we fail to up- court to decide whether classified or sen- ing, or misuse of U.S. military equipment by hold the standard for other countries, sitive U.S. Government information would foreign forces. be required as part of the litigation process. The implications of JASTA are severe. I we place our own Nation’s officials in This could put the United States in the posi- will highlight a few of them. danger. No country has more to lose tion of choosing between the disclosure of First, whether the United States or our from undermining that principle than classified or sensitive information. and sub- Service members have in fact provided sup- the United States. Mr. Brennan adds jecting a U.S. Service member to an adverse port for terrorist acts or aided organizations that few institutions would be at great- foreign court ruling. that later commit such acts in violation of er risk than the CIA. While any attempt to alleviate the above foreign laws is irrelevant to whether we I urge my colleagues not to abolish risks is commendable, increasing the burden would be forced to defend against lawsuits by JASTA, but let’s fix it because the peo- of proof required to prevail in a civil matter private litigants in foreign courts. Instead, ple we respect and admire the most and would not alleviate the above concerns as the mere allegation of their involvement victims may still file suit against a foreign could subject them to a foreign court’s juris- to whom we give the responsibilities to state. If a foreign government enacted recip- diction and the accompanying litigation and defend this Nation have unanimously rocal legislation, suits could be brought intrusive discovery process that goes along argued that we need this fixed. against the United States and may implicate with defending against such lawsuits. This I say to the President: I fear the pro- U.S. Service members. While at the end of a could result in significant consequences even found consequences that may arise if trial such a suit may not prevail if the vic- if the United States or our personnel were we, with the best of intentions, do tim is not able to meet a heightened stand- ultimately found not to be responsible for great, great damage to this Nation and ard of proof—a heightened standard may not the alleged acts. For example, our service its security. stop a suit from being filed. In such a situa- members might be required to testify about I yield the floor. tion. Service members may be subpoenaed to or provide documents on operations that The PRESIDING OFFICER. The Sen- appear in court and prevented from depart- they are obligated under U.S. law not to dis- ator from Ohio. ing the country. close, exposing them to punishment for con- Mr. PORTMAN. Mr. President, I My concerns would only be hilly alleviated tempt by the foreign court, including impris- by legislation that restores the principle of onment. thank my colleagues for their thought- sovereign immunity and protects U.S. Serv- Second, there would be a risk of sizeable ful and informed analysis of an impor- ice members from reciprocal legislation that monetary damage awards in such cases, tant national security issue.

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.064 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6904 CONGRESSIONAL RECORD — SENATE December 8, 2016 I ask unanimous consent to speak He was tenacious. This was, by the for recalling the memory, the life of briefly, and I thank my colleague from way, an issue that not all Democrats John Glenn and his wife Annie. I was Delaware for allowing me to do so. agreed with him on; yet he did what he privileged to know him. I am an Ohio The PRESIDING OFFICER. Without felt was right in the name of good gov- State graduate, Navy ROTC. I am a re- objection, it is so ordered. ernment. tired Navy captain and a huge admirer REMEMBERING JOHN GLENN We also worked on other projects to- of John Glenn and his bride. Mr. PORTMAN. Mr. President, I rise gether, and I always found that his One of my fondest memories of them today on a sad occasion, and that is to focus was on his State, the people he was at an Ohio State football game a talk about the loss of an American represented, and how to make their few years ago. As the Senator from icon. He is a fellow Ohioan. He held lives better. Ohio knows, one of the big attractions this seat in the Senate. He is one of our After his Senate career, he started a at an Ohio State football game at half- true heroes, as an astronaut, fighter new project. It was called the Glenn time is to script ‘‘Ohio,’’ where the pilot, successful business person, Sen- School of Public Affairs at the Ohio band spells out the word ‘‘Ohio.’’ Usu- ator, and later someone who helped State University. I had the honor of ally one of the tuba players kind of young people throughout the State of teaching there for a few years before dances around for a while and then Ohio by establishing his own school at running for the Senate. I was a co- dots the ‘‘i.’’ So fans are used to that Ohio State University. I am talking teacher for four different courses and happening. On this particular occasion, about John Glenn. We lost him today got to know John Glenn in an entirely no tuba player came forward to dot the at age 95. different way. He asked me to join ‘‘i,’’ but John Glenn and Annie went I was watching some of the coverage their advisory board, which I did join. onto the field and dotted the ‘‘i,’’ to on television about his career, and it I am still on the advisory board for the amazement and delight of 100-and- focused a lot on his being the first to now the Glenn College. Last year we some-thousand fans. Later on, they orbit the Earth on Friendship 7, a cap- elevated the school to a college. This came up. I was up in the President’s sule you can see at the Air and Space was John Glenn’s greatest single ac- box with President Gordon Gee. I am Museum. It is not much bigger than complishment in the latter years of his not sure; maybe my friend from Ohio two of these desks put together, but life—creating an institution where was there as well. But what a joyous somehow he wedged himself in and did young people can go and be inspired to memory that was. He ran for President briefly too. I something heroic and important at the go into public service and given the was pleased to support him. He didn’t time. In a spaceflight competition with tools to be able to succeed. He loved stay in the race for long. I thought he the Soviets, he was one who succeeded. that school. He loved those students. was a great marine, great pilot, great What I didn’t hear too much about He chaired a board meeting only last astronaut, great Senator, and would was his career before being a famous month. He did it with humor, as he al- have been a great leader for our coun- astronaut and that amazing flight that ways did, and passion. try. ended up with him addressing a joint One of his big issues he talked about The last thing I will say is this. Who session of Congress or what he did after last month was how he wanted to have is it that said this? Maybe—Alan Simp- that amazing feat. So I want to talk a leadership institute to ensure that son, former Senator from Wyoming. He about that for a second and say that I more young people could understand used to say this about integrity: If you appreciate that tomorrow my col- the importance of government service, have it, nothing else matters. If you leagues will help me in joining to pay which he felt was a noble under- don’t have it, nothing else matters. tribute to him through a Senate reso- taking—military service, government When you look up the word ‘‘integ- lution. service, service for your country, serv- rity’’ in the dictionary—and ‘‘courage’’ But prior to his being a famous astro- ice greater than yourself. We lost an as well—you see John Glenn’s picture. naut, he was a famous American hero American icon. Thank you for your kind and wonder- in my mind because he was a fighter He was also a man who loved his fam- ful words about John Glenn and Annie. pilot who signed up after Pearl Harbor, ily. His wife, Annie Glenn—many of us Thanks for letting me say a few words the 75th anniversary of which we cele- here in this Chamber know her, and we as well. brated this week. He flew 59 missions love her because she is an amazing TRIBUTE TO FEDERAL EMPLOYEES as a fighter pilot in World War II. He woman in her own right. For 73 years, Mr. President, I have been coming to later flew about 90 missions in Korea. they were married. They knew each the floor, as the Senator from Ohio He was highly decorated as a fighter other as little kids. They virtually knows, for months—a couple of years, pilot. He then was a test pilot, and ac- grew up from the crib until now to- actually. I come maybe once a month. tually he broke the transcontinental gether. Annie Glenn was at his side The Presiding Officer and I serve to- flight time record as a test pilot. Then constantly. That relationship, their gether, along with Senator PORTMAN, he decided to join the astronaut corps. partnership, is an example for my wife on a committee called Homeland Secu- He was part of that group of friendship Jane and me and for all of us here in rity and Governmental Affairs. Part of astronauts who became famous later as this Chamber. our job is to do oversight over the De- being called ‘‘The Right Stuff.’’ He was Earlier this year, my staff and I had partment of Homeland Security. the right stuff. a retreat in Ohio. We brought all of our I started doing something a couple of He then had a successful career in DC staff and Ohio staff together to talk years ago. Instead of coming to the business. He decided he loved public about how to better serve our constitu- floor to talk about some controversy or service, and he wanted to be in the ents, how to define the mission. I asked things we disagree on with our col- Senate. He won election to the Senate John Glenn to come address that leagues across the aisle, I came to the and was actually reelected with his- group. What a treat. Our staff had the floor for a different purpose. I came to toric numbers in my home State of opportunity to sit and talk to John the floor in order to say thank you to Ohio. I got to serve with him during Glenn about his career, but more im- some of the 240,000-some men and part of his time here. I was in the portantly, to talk about his passion for women who are part of the Department House; he was in the Senate. We public service. The mission he gave us of Homeland Security, who work hard worked on projects together. was one of honor and respect and de- to help secure our country and make it He was on the same committee my cency for our constituents and to serve safer in many ways. colleague from Delaware was on, and the people. That was his life. Over the last 4 years, I have been both of them have chaired it, the Gov- John Glenn’s life story touches our privileged to serve with our Presiding ernmental Affairs Committee. He loved hearts today, and his life story is also Officer and a number of others—Sen- good government. One of his big issues part of American history. ator PORTMAN and others—as the sen- was stopping unfunded Federal man- I yield the floor. ior Democrat on the Homeland Secu- dates. I was the House sponsor on the The PRESIDING OFFICER (Mr. rity and Governmental Affairs Com- Republican side; he was the Demo- SASSE). The Senator from Delaware. mittee, first as chairman for a couple cratic sponsor here. We ended up in the Mr. CARPER. Mr. President, I just of years with Tom Coburn from Okla- Rose Garden together for a ceremony. want to thank our colleague from Ohio homa as our ranking member and for

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.118 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6905 the last 2 years as ranking member of agency, any department in the Federal means that leadership across the De- the committee while RON JOHNSON has Government. The diversity of the em- partment is vital to the success of that been our chairman. ployees I have highlighted these past organization, as it is to any other orga- I am incredibly proud of the fact that many months is the best illustration of nization but especially one this large our committee is filled with hard- the challenges facing the Department and unwieldy. I have always said that working men and women, Democrats of Homeland Security every day and the key to success for any organiza- and Republicans, who work across the facing our country every day. tion, no matter what size, is leader- aisle and party lines to bolster our na- Last month, I highlighted a U.S. Se- ship. Just like integrity—if you have tional security and to help agencies cret Service officer named Codie it, nothing else matters; if you don’t and programs across government work Hughes, who patrols the White House have it, nothing else matters. better. We follow what I call the three grounds as a uniformed Secret Service SECRETARY JEH JOHNSON C’s: Communicate. Compromise. Col- officer, and also Special Agent Tate Thankfully, the Department of laborate. Jarrow, who protects Americans from Homeland Security has been blessed Those are things we do in Delaware, cyber criminals and financial schemes with enlightened, committed leaders and on our committee I am happy to that are designed to cheat those Amer- since its creation. I, for one, cannot report that the three C’s hold forth as icans out of their hard-earned dollars. begin to say enough about the leader- well. In January, I highlighted a fellow ship shown these past 3 years by DHS Serving as the senior Democrat on named Milo Booth who serves as the Secretary Jeh Johnson, pictured here our committee has truly been one of Federal Emergency Management Agen- on my left. the great honors of my 16 years in the cy’s tribal affairs officer, ensuring our Soon after being sworn in, Secretary Senate. During my time as chairman Native American communities are pre- Johnston immediately made clear that and ranking member, I have had lit- pared for natural disasters too. his highest priority would be manage- erally thousands of Department of In September, I thanked Tito Her- ment reform—he called it the Unity of Homeland Security employees—I have nandez, who travels around this coun- Effort Initiative—intended to promote seen firsthand the exceptional work try—and he does that about 9 months the coordination and cohesion through- they do 240 hours a day—it probably out of the year—in the aftermath of out the Department. He also focused on feels that way—24 hours a day, 7 days a natural disasters to coordinate the sup- employee engagement and the Depart- week across our country and even port of State and local officials as they ment’s hiring practices. He wanted to around the world. I am pictured here work through some of the most trying make sure that the good work at the with some of them. They do extraor- situations. Department was not going unnoticed. Last year, last July, I spoke of the dinary things that some of us don’t Through his steady leadership, DHS Department of Homeland Security even know about. has begun to slowly but surely turn— What we do is every week we come to Science and Technology Directorate kind of like an aircraft carrier in the and the state-of-the-art research work the floor, and one of the best things Navy—improving morale by 3 percent being done by Dr. Michelle Colby and you can do when people do great work across the Department in the last year Jon McEntee, who are researching how is thank them. That is what I like to alone—the first increase in the Depart- to protect us against, among other do. Since my first speech on this front ment I think in some 6 years. We are things, emerging diseases, such as a couple of years ago, I have come to happy to see them bottom out and the avian flu and foot-and-mouth disease, the floor almost every month the Sen- improvement of the morale—the De- while helping the Department develop ate has been in session just to say partment is heading in the right direc- the technologies of tomorrow. thanks to a lot of deserving individ- This past July, I thanked LCDR tion again. Jeh Johnson and his team uals, to teams, even entire agencies at Tiana Garrett and Ingrid Hope with the deserve a lot of credit for that. I think, the Department of Homeland Security Office of Health Affairs for their work frankly, so does our committee, the that are doing extraordinary work to prepare our border agents, doctors, Homeland Security Committee, and quietly, behind the scenes, without a medical professionals, and first re- the good work we have done to try to lot of attention, to enable the Depart- sponders for the emerging threats make sure there is a good leadership ment to carry out its vital missions— posed by the Zika virus. team in place at DHS and that we con- actually its many vital missions. From the Domestic Nuclear Detec- voy clearly our gratitude to those men To everyone who has allowed me to tion Office, which tracks radiological and women who work there—240,000 of share their stories with our colleagues materials across our country, to the them. here in Congress and the American peo- National Cybersecurity & Communica- Being a change agent in the Federal ple, thank you so much. To all of those tions Integration Center, which mon- Government can oftentimes be dif- folks at DHS who I have not had an op- itors cyber security attacks and co- ficult, but I am confident that Sec- portunity to talk about or any agency ordinates Federal cyber security ef- retary Johnson’s dedication and his I have missed, I want you to know that forts with the private sector, the De- perseverance will make a lasting im- the work you do every day makes a partment of Homeland Security is pact on the agency’s greatest assets— real difference and is truly appreciated. truly remarkable in its ability to work its dedicated employees. While some of your accomplishments together as one cohesive unit to To Secretary Johnson, to his family, are hard to measure, they are nonethe- achieve its common mission. to his bride, I just want to say thank less important. They are reflected in While it has not always been easy, you for your extraordinary service. lives saved, tragedies prevented, and a the Department of Homeland Security Every American is safer thanks to your sense of security that Americans feel has matured by leaps and bounds in leadership and your tireless efforts. as they go about their day. order to become more than the sum of Thank you, Jeh. Across the Department of Homeland its parts in the 14 years since its cre- ALEJANDRO MAYORKAS Security, there is so much good work ation. The Department remains the Until recently, Secretary Johnson’s going on each and every day that if I youngest Cabinet-level agency in the right-hand man was a fellow named stood here every day for the next 2 Federal Government. It is also the Alejandro Mayorkas, a native of Cuba years, I would have no shortage of re- third largest agency in our Federal who came here a long time ago with his markable public servants to highlight. Government, behind only the Depart- family, on the run, if you will. I like to As some of you may recall, the De- ment of Defense and the Department of call him Ali; so do most other people. partment of Homeland Security em- Veterans Affairs. It was created by Ali recently stepped down as Deputy ploys over 240,000 Americans doing ev- bringing together more than 22 dif- Secretary of the Department of Home- erything from securing our cyber net- ferent Federal agencies. Let me say land Security—that is the No. 2 slot work from cyber attacks, to guarding that again—22 agencies sort of there—but for 7 years, including one- our ports of entry, to helping commu- glommed together a dozen or so years third or so as the No. 2 person, Ali was nities recover from natural disasters. ago into one big Department, DHS. working tirelessly to improve the secu- Their mission is one of the most di- The sheer scope of the extraordinary rity of our Nation and improve the op- verse and challenging, I think, of any challenge DHS and its employees face erations of the Department before he

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.120 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6906 CONGRESSIONAL RECORD — SENATE December 8, 2016 became Deputy Secretary. In that role, resiliency and help millions get back plishing their missions so that the rest he was instrumental in strengthening on their feet after a disaster. I know I of us can go about our lives uninter- the Department’s cyber security poli- speak for countless Americans when I rupted every day. cies, as well as developing critical im- say: Craig, thank you for your dedica- SUZANNE SPALDING AND PHYLLIS SCHNECK migration programs that cut down on tion to the mission of FEMA, for your At something called the National fraud and helped promote economic years of leadership to our country, and Protection and Programs Directorate, growth. the leadership you provided for a very Under Secretary Suzanne Spalding Ali was a dedicated and thoughtful good team across America. works with her great team to protect leader. His impact on the Department PETER NEFFENGER our Nation from ever-evolving cyber will continue to be felt for years to At the Transportation Security Ad- attacks. Her diligent team includes her come in streamlined DHS operations ministration, affectionately called deputy at the Directorate, Deputy that allow employees to spend less TSA, retired Coast Guard VADM Peter Under Secretary Phyllis Schneck. I kid time on paperwork and more time on Neffenger has helped his agency re- her. She is from Georgia Tech. I call protecting Americans. spond quickly and effectively to a his- her ‘‘Ramblin Wreck’’—Phyllis RUSS DEYO toric surge in airline travel and navi- Schneck, the Ramblin Wreck from When Ali left the Department a gate some of the busiest travel days in Georgia Tech. She is a dynamo. She month or two ago to return to the American history. Last month, over left the private sector where she was practice of law, the Department’s the course of just 7 days, TSA helped making a lot of money to come to Under Secretary for Management, a 16.5 million Americans travel safely to serve her country and help lead the fellow named Russ Deyo—rhymes with visit family and friends over the cyber security efforts of the Depart- Rio—stepped in to fill his shoes. Thanksgiving holiday. His continued ment of Homeland Security. As Under Secretary for Management, efforts to innovate while ensuring uni- JOSEPH CLANCY Russ has proved to be an effective lead- form training for all TSA officers—we Also over at the Secret Service, we er also. With a strong but quiet de- call them TSOs—have streamlined se- have a Director named Joe Clancy, who meanor, he is not afraid to make tough curity screening at our airports and leads an organization of men and decisions. ports of entry without compromising women who performed flawlessly as the Russ has been responsible for over- passenger security. The millions of agency has protected dozens of officials seeing the Department’s efforts to get Americans who travel through our air- during the recent election season. the Department off of GAO’s high-risk ports each week are measurably safer, KATHY BRINSFIELD list. What is that? Well, the high-risk thanks to Vice Admiral Neffenger’s Over in the Office of Health Affairs, list is something the GAO puts out service and that of the men and women Chief Medical Officer Kathy Brinsfield every other year. It is a high-risk list he leads. of wasting taxpayer money. I just wish to say about the folks at leads some of the best and brightest DHS, as well as a lot of other agen- TSA that whenever I go through air- scientists in the world in their cutting cies, has been on it for quite a while. port security, I always thank them. I research into emerging diseases. Russ has made very clear, with the tell them who I am, tell them who the REGGIE BROTHERS support of Jeh Johnson and Ali Senator is—the junior Senator from At the Science and Technology Di- Mayorkas, that they want to get off of Nebraska—and tell them how much we rectorate, Reggie Brothers has led ef- that list the best they can. I think one appreciate the work they do. When you forts across the Department to make of the greatest accomplishments may see people doing a good job, when you smart investments in research and de- have been overseeing the creation of are going through an airport, just take velopment for DHS and their State and employee satisfaction programs in a minute and thank these folks. Thank local partners. each and every component. I think these men and women. It goes a long To all of you and to your agencies, they also got a clean audit. I think the way. They have had a very tough job again, a big thank you. These are just Department of Defense, which has been because over the course of Thanks- a few of the incredible leaders at the around since the late 1940s, has never giving weekend, they had 16.5 million Department of Homeland Security, just gotten a clean financial audit. I think people trying to get through security— a few. for each of the last 4 years, the Depart- actually, get to the airport, get their SARAH SALDANA, GIL KERLIKOWSKE, LEON ment of Homeland Security has set a families packed up, in their vehicles, RODRIGUEZ, ADMIRAL PAUL ZUKUNFT great example. It has gotten a clean fi- cab, Uber, or a transit bus, and try to There are so many more who deserve nancial audit. get to the airport, get a place to park, our thanks for steady leadership, lead- I wish to say if you can’t manage get through security, get on a plane— ers such as Sarah Saldana, who leads your finances, how do you expect to make their plane. Immigration and Customs Enforce- manage your whole department? That For the folks at TSA, their job is to ment, known as ICE. is just one aspect of the improvements make sure that nobody with malintent Gil Kerlikowske at Customs and Bor- being made. gets through security. You have all der Protection is a terrific leader. With this information, Secretary these people trying to get through as Leon Rodriguez—I call him ‘‘Leon Johnson and his leadership team across fast as they can, get on their plane, Red Bone’’—is director of U.S. Citizen- the Department can ask every single and get going. Then you have folks at ship and Immigration Services. DHS employee: How are we doing? How TSA who are trying to make sure that We have the commandant of the U.S. can we help? What can we do better? nothing tragic happens in the mean- Coast Guard, ADM Paul Zukunft, CRAIG FUGATE time. That is a tough job. It is a tough whom everyone understandably simply Another DHS leader whom we all ad- job, and I urge you to give them a little calls ‘‘Admiral Z.’’ mire for his leadership and steady hand bit of love and thank them for what We say a very big thank you to all of during some of those challenging times they are doing from time to time. you for your service and the hard work is the Administrator of FEMA, the Every time I speak on the floor about of those across your agencies. A retired Federal Emergency Management Agen- TSA, I encourage people to say thank Navy captain salutes the Coast Guard. cy. His name is Craig Fugate and he you, and I have just done it one more After 4 years as the lead Democrat on hails from Florida. time. the Homeland Security and Govern- For the last 8 years, Administrator Our Nation is truly fortunate to have mental Affairs Committee, having met Fugate has admirably led Federal re- the Department of Homeland Security thousands of DHS employees, I believe sponses and efforts through numerous we have today. The few men I men- our country is in many more ways disasters, including Superstorm Sandy, tioned just now are the tip of the ice- more secure today than it was yester- which landed a direct hit on the east berg when it comes to truly great pub- day. However, given the evolving na- coast, including a hit to my own State lic servants at the helm of DHS. There ture of the threats we face, this is not of Delaware. Throughout his tenure, are many more. A number of them are the time to spike the football; this is Craig has used his whole community charged with organizations that work not the time to become complacent. approach to strengthen our national behind the scenes, quietly accom- We need to remain vigilant, continue

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.121 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6907 to work smarter, and continue to work icemembers, made our Armed Forces lation we had the honor to vote for harder. second to none. Less visible are things today. With that thought in mind, I close by such as training, maintenance, and I yield the floor. expressing the gratitude of all Ameri- adequate munitions, without which Mr. McCAIN. Mr. President, I would cans to the Presiding Officer and to ev- success on the battlefield would be in like to associate myself with the objec- eryone at the Department of Homeland doubt. tions raised by my colleague from Ari- Security. I wish you and your families I am pleased that this year’s NDAA zona, Senator JEFF FLAKE, concerning a very merry Christmas and a joyous adequately authorizes funds for the the 2016 Water Resources Development holiday, as well as a more peaceful New DOD’s operations and maintenance ac- Act, WRDA, conference agreement. Year for all of us. Keep up the good count, which provides the dollars for I must express my dissatisfaction work. We are proud of you. Stay safe. these vital but less visible functions. with the WRDA conference agreement. God bless you all. The NDAA also stops the Department While I applaud the hard work by the With that, I yield the floor. of Defense’s proposed drawdown of an conferees to advance a number of The PRESIDING OFFICER. The Sen- additional 15,000 soldiers, 2,000 marines, worthwhile flood control projects— ator from South Dakota. and approximately 4,000 airmen for fis- some of which are located in my home Mr. ROUNDS. Mr. President, I ask cal year 2017. State of Arizona—my objection centers unanimous consent to speak as in Additionally, it addresses munitions around the inclusion of a massive morning business for up to 10 minutes. shortfalls and provides funds for depot drought relief package for California at The PRESIDING OFFICER. Without maintenance and facilities the expense of drought priorities for objection, it is so ordered. sustainment. Arizona. LAKE NATIONAL DEFENSE AUTHORIZATION BILL Importantly, it does not require For the past 2 years, Senator F Mr. ROUNDS. Mr. President, my women to register for the Selective and I have been negotiating with the friend the Senator from Delaware has Service and does not contain TRICARE committees of jurisdiction and certain spoken very eloquently about the need prescription drug co-pay increases, offices of the California delegation to to say thank you to our Members who both of which have been of concern to ensure that any drought legislation work within TSA. I wish to speak in me and many other South Dakotans. that comes to the Senate floor would terms of members of the Armed Forces I am pleased it includes a number of be applicable to all Western States. We won provisions in the Senate-passed and to remind the people of America provisions which I offered to address WRDA bill and the energy bill to expe- that we are free and we will be able to the serious cyber threat our Nation dite salt cedar removal and increase enjoy a very precious holiday season faces. One of those requires the Presi- storage capacity for reservoirs across coming up because the men and women dent to define when an act in cyber the West. Unfortunately, our WRDA who wear that uniform are on the space requires a military response. An- provisions have been stripped by the frontlines. It is their families who are other requires training for DOD hiring conferees. making that sacrifice as they are away officials on how to use the special au- I cannot support a drought package from home. We should keep all of them thorities Congress gave them to expe- that is overly California-centric while in our prayers and remember to say dite the hiring of cyber security profes- my home State and other Western thank you to their families for the sac- sionals and pay these civilian employ- States are also suffering under an op- rifices they have made. Thank you to ees more than what is normally au- pressive 16-year drought. the men and women on the frontlines thorized for civil service. who keep us safe. I am also pleased that the conference f With that, as a member of the Senate report includes my mental health MORNING BUSINESS Armed Services Committee, I am measure requiring the Department of pleased that we came together once Defense to more carefully monitor pre- again to pass the National Defense Au- scriptions dispensed at military treat- RECENT DEVELOPMENTS IN thorization Act, a vital piece of legisla- ment facilities for the treatment of EGYPT tion. It is a testament to the leadership PTSD. Mr. LEAHY. Mr. President, I have of the chairmen and ranking members I join my colleagues in urging the visited Egypt many times, and I have in the House and Senate that Members President to continue the decades-long voted for billions of dollars in U.S. as- on both sides of the aisle have contin- tradition of signing the NDAA into sistance for Egypt to support economic ued to work together to pass the NDAA law. While we champion this year’s and security programs in that country. again this year, and I thank them for bill, the most significant defense re- I have recognized positive develop- their leadership. form legislation in decades, we must ments in Egypt when they occur, such It is important to continue this 55- extend our view beyond fiscal year 2017. as the recent decision by the govern- year-plus tradition of passing the For the past 2 years, I have served as ment to undertake economic reforms, NDAA to show our troops and their a member of the Senate Armed Serv- including by reducing some subsidies. families that they have our full sup- ices Committee, bearing witness to po- I also recognize the security chal- port. As in years past, this year’s tential challenges that could threaten lenges Egypt faces from instability and NDAA includes policies to support our our national security if we do not ad- violence in Libya and in the Sinai. The wounded warriors, our troops, and their dress them now, including arbitrary U.S. has an interest in helping Egypt families. It also provides our military budget caps. These arbitrary budget confront these challenges by address- with the tools needed to combat our caps have forced the kinds of false ing the underlying causes in a manner enemies around the globe. choices that are potentially so dev- that is consistent with international However, it is also the most signifi- astating for our Armed Forces. In par- law. cant defense reform legislation in dec- ticular, we must avoid the false choice Today I want to speak briefly about ades. An example is its significant pro- of paying for readiness while assuming the Egyptian Parliament’s recent pas- visions to reform how the Department risk for modernization or vice versa. sage of a restrictive new law on non- of Defense acquires new weapons. The American people expect us to governmental organizations, NGOs, Given that the No. 1 responsibility of adequately defend America next year that would effectively cripple Egypt’s the Federal Government is the defense and for every year to come. Job one in civil society for years to come. Rather of our Nation to keep Americans safe, that regard is to remove the arbitrary than sign this legislation, I hope Presi- it is reassuring that Congress has con- budget caps and the threat of seques- dent Sisi calls for a new version to be tinued to pass the NDAA every year for tration. Only by doing so can Congress drafted in cooperation with inde- over half a century. fulfill its No. 1 responsibility—keeping pendent NGOs. If President Sisi does To many Americans and even Mem- Americans safe. sign this law, it will be yet another bers of Congress, the most visible man- In closing, I thank Chairman step in the wrong direction by a gov- ifestation of our NDAA is our combat MCCAIN, Ranking Member REED, my ernment that professes to be making vehicles, ships, and combat aircraft Armed Services Committee colleagues, progress on civil and human rights that have, with our outstanding serv- and all of our staffs for the great legis- when the facts indicate otherwise.

VerDate Sep 11 2014 07:43 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.123 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6908 CONGRESSIONAL RECORD — SENATE December 8, 2016 Such a development would be further REMEMBERING DAVID BUDBILL the lives of everyone who has read and evidence of the need to strengthen ex- Mr. LEAHY. Mr. President, Vermont loved his poems. isting democratic and human rights is saddened by the death of the poet In short, David Budbill’s poetry and plays accurately, meaningfully and conditions on U.S. aid for Egypt. David Budbill, whose poetry celebrated profoundly depict rural Vermont—his According to information I have re- the simple pleasures of life in Vermont place, that is also our place. They have ceived, the law passed by parliament and highlighted the lives of working a universality that have and will en- on November 29 would place all NGOs Vermonters. He died on Sept 25, at the rich lives in Vermont and in the larger in Egypt, both local and foreign, under age of 76. world forever. the supervision and control of a com- In the State that gave the world Rob- mittee that would be dominated by ert Frost, Vermonters know and love f representatives of the Defense, Inte- our authentic poets. Through David TRIBUTE TO HENRY JARECKI rior, and Justice Ministries, as well as Budbill’s 10 books of poetry, 7 plays, an Mr. LEAHY. Mr. President, Henry the General Intelligence Service, the opera libretto, 2 children’s books, and and Gloria Jarecki are two of my long- country’s top spy agency. Among other many public performances and read- est and best friends. I speak, of course, things, the law would criminalize work ings, he became the most widely known both because of our personal friend- that harms ‘‘national security, na- and loved Vermont poet since Robert ship, but also of their efforts with the tional unity, public morals or public Frost. important Scholar Rescue Fund, a pro- order’’ but leaves those terms unde- He was born in Cleveland, OH, in 1940, gram designed to provide fellowships fined, allowing the authorities to bring and after attending Union Theological for scholars whose are persecuted or such charges against any group they Seminary in New York City and teach- threatened at home for the important choose. Anyone convicted of violating ing at Lincoln University in Pennsyl- work they do. This commitment is es- the law would face sentences of up to 5 vania, he moved to Vermont—to Wol- pecially poignant, when considering years in prison and a fine of up to cott—in 1969. that, as a child, Henry fled the Holo- $56,000. He then learned to use a chainsaw caust in Germany, ultimately settling The proposed law comes at a time and worked in the woods to make a liv- in the United States. when independent voices in Egypt are ing, while also writing poems about the Both Henry and Gloria have worked facing an existential crisis. Instead of people he met and about his experi- to bring about recognition and under- passing a new NGO law that would ences there. His first book of poems, standing of people of different races, allow both domestic and international ‘‘The Chain Saw Dance,’’ was published religions, and cultures. To me, Henry groups to operate without burdensome in 1976. has been more than just a friend. He restrictions, the Egyptian authorities Other poems and books of poems fol- has been a mentor and a confidant. have escalated their crackdown on lowed, and David gradually created a Some of the happiest times for independent NGOs, particularly fictionalized version of his own com- Marcelle and me have been with Henry against groups that focus on human munity, which he called Judevine—a and Gloria. Dr. Henry Jarecki recently received rights, the rule of law, and democratic place where rough-hewn loggers, saw- the Order of Merit, Officer’s Cross, in norms. yers, farm wives, gas station attend- ants, and shattered Vietnam veterans Heidelberg, Germany. The Order of Over the past year, a court has frozen struggled to make a living amid the Merit is the only federal decoration in the assets of human rights groups and rugged beauty of rural Vermont. That the Federal Republic of Germany. This the personal assets of human rights de- material was later shaped into a play, high honor is befitting not only of fenders. At least 15 NGO founders, lead- also entitled Judevine, which was wide- Henry’s history, but of his long dedica- ers, or staff—many from prominent ly produced, both in Vermont and na- tion to promoting the simple but some- groups—have been banned from leaving tionally. times difficult principles of freedom the country. An investigation into the Then in the 1990s, Budbill’s focus and liberty. foreign funding of dozens of local NGOs Mr. President, I ask unanimous con- deepened. He began writing poems could result in criminal charges car- sent that the text of Dr. Henry about his own life in Walcott, thinly rying sentences of up to 25 years in Jarecki’s moving remarks upon receiv- disguising himself as ‘‘Judevine Moun- prison. This pattern of harassment and ing this prestigious honor be printed in tain,’’ an old Chinese sage, who some- arrests is not a new phenomenon. It the RECORD. how was settled on a nearby Vermont has been happening for years, and, con- There being no objection, the mate- hillside. He wrote with the spareness, trary to representations of Egyptian rial was ordered to be printed in the directness and clarity of the ancient officials, it is getting worse. RECORD, as follows: Asian poets he admired. One short ex- DR. HENRY JARECKI: ACCEPTANCE OF ORDER I urge the Egyptian authorities to ample is ‘‘What Issa Heard.’’ Issa is an adhere to their constitution, and the OF MERIT, OFFICER’S CROSS—NOVEMBER 17, 18th century Japanese haiku poet. Here 2016 pledges they have made in inter- is what David wrote: OPENING THANKS national fora such as the United Na- ‘‘WHAT ISSA HEARD’’ tions Human Rights Council, by guar- It is a great honor to receive this award Two hundred years ago Issa heard the morn- from the President of the Federal Republic anteeing freedom of expression and as- ing birds of Germany, Joachim Gauck, a leader hon- sociation. I urge President Sisi to re- singing sutras to this suffering world. ored by Germany for transforming his expe- ject this draconian legislation. I heard them too, this morning, which must riences with totalitarianism into support for I also want to reiterate what I said in mean, freedom, human rights, and democracy. this chamber on September 27, 2016, Thank you, Minister Bauer and Mayor since we will always have a suffering world, Wu¨ rzner, for presenting it to me. Thanks when I spoke about Aya Hijazi, a young we must also always have a song. also to Rektor Eitel for his thoughtful wel- Egyptian American social worker cur- David wrote poetry and plays that come. Let me also thank two special individ- rently being detained in Egypt. tapped into and expressed the essence uals who have played a prominent role in Ms. Hijazi, along with her Egyptian of northern Vermont, and he plumbed this award: the former Consul General of husband and five employees of their these subjects so deeply that they be- Germany to New York, Busso von Alvensleben, who is here with us tonight, NGO Belady, has been accused of sala- came universal through his pen. His and the current Consul General of Germany cious crimes—accusations that the rural characters, Antoine, Grace, to New York, Brita Wagener. government has yet to corroborate Tommy, and others, are quintessential I am of course thrilled to have so many with credible evidence in a court of Vermonters, but they are also vivid friends and members of my family here with law. Ms. Hijazi has been jailed and de- human beings with the same sorts of me at this special event, including my sons nied due process since May 21, 2014. She hopes, fears, triumphs, and disappoint- Andrew, Tom, and Nick and my grandsons Alexander and Tyler. Most of all, I acknowl- and the other defendants should be re- ments that we all experience. Simi- edge my wife, Gloria. It was on this very day leased immediately or provided a fair, larly, his ‘‘Judevine Mountain’’ poems in 1957 that the lovely Gloria Friedland be- public trial so they can defend them- were expressions of his own life, but came my. wife After 59 years of marriage, I selves. they continue to resonate deeply with think she deserves her own award!

VerDate Sep 11 2014 08:18 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.069 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6909

SYMMETRY courageously doing what it can to help. Earlier today, we dedicated a new cre- This is a very personal moment for me. There were 60 million people displaced after ativity-oriented adventure playground in the When I look at my life, I see that it has been the Second World War, 21/2% of the world’s Emmertsgrund, a part of the city in which defined by one thing: the desire to make un- then-prevailing population. Today, there are many families of modest means live, many of ruly things symmetrical, to smooth over the 65 million refugees among the world’s 7 bil- them from immigrant and refugee back- bumps of life, and to identify and align the lion people, less than 1%. The proportion grounds. ¨ parts that do not fit. makes today’s situation sound better than it Just as Mayor Wurzner repeatedly looks This is how I made sense of the events that is, however. After World War II, most refu- for new ways for us to help our city, Rektor first took me away from Germany and have gees were resettled within a few years. Eitel finds new ways for us to collaborate in the development of the university. He start- now brought me back, accepting an award in Today, a refugee’s average stay in a camp is ed by taking me to see the dilapidated Anat- this most distinguished Alte Aula. over 15 years. omy building and asked me to help restore Over 75 years ago, I had to flee in fear from During both times, refugees (we called our- it. He now asks for help in refurbishing the this very country that is now presenting me selves ‘‘refs’’) remained controversial. Some University’s Max Weber House, an important with this great honor. The Hitler regime had people think of them only as weak, poor, and part of Heidelberg’s recent intellectual his- come to power less than three months before burdensome. Others think they are smart op- tory. I point out to my many American my birth, gaining strength by finding scape- portunists or terrorists just waiting for the chance to become violent or, at the very guests that this university, my alma mater, goats for the troubles of the German people founded in 1386, is the oldest university in that were caused by World War I and the least, take our jobs. We need an alternative narrative. I propose Germany. It is indeed one of the oldest in the peace treaty, and from the ensuing inflation this: Germany’s new incoming refugees are world. It, too, owes its existence to refugees: and depression. The Nazis alleged that the smart, strong, ambitious, and young. Our it was the Great Schism of 1378 that made it country’s defeat, hunger, and chaos were due support of them now will yield great results possible for Heidelberg, a small city at the to traitors and to Jews, whom they called for Germany into the future. time, to gain its own university. Two popes foreigners despite the fact that they had Throughout history, such refugee flows were elected that year—one in Avignon by been in Germany ever since the Romans have always been with us. The world has in the French, and one in Rome by the Italians. drove them here in the 70th year of the fact made the best of them; it has come to When Germany supported Rome and not Christian Era. My family, which could trace use them like an accelerated form of Dar- France, German students and teachers in itself back for generations, was unwilling to winian natural selection. Faced with the tur- Paris were thrown out, becoming (yes, we see believe that this land of Goethe and Heine moil and xenophobia that is a never-ending this again) academic refugees. This led to could be governed by a nativist group of part of our flawed psyches and world, only the founding of the university, bringing to criminals: ‘‘Surely they can’t mean us,’’ my the strongest and smartest, the most resil- full circle its willingness to take in today’s family said. But they did. ient and the hardest workers, are able to re- refugees. We didn’t believe it until we had all been establish themselves. The philosopher Lin- SCHOLAR RESCUE arrested and stripped of almost everything Manuel Miranda, speaking of Alexander This brings me quite neatly to my final we owned. Only then did we flee, first to Hamilton, said it well: ‘‘Immigrants get the topic of the evening: a scholar rescue part- England and then to America. America wel- job done.’’ nership I wish to create with the state of comed us, as it usually does welcome refu- Their youth is part of their strength. Over Baden-Wu¨ rttemberg. gees, despite the occasional internal bigot. two-thirds of them are below the age of 33. My own scholar rescue work started in This rescue and welcome gave us the oppor- Germany’s rapidly aging population makes 2002. Drawing upon my own background as tunity to transform ourselves into hard- these migrants just the people Germany an academic and a former refugee, I joined working patriots. needs for its future. They are, moreover, am- together with several other trustees of New The Nazis had forced us out of Germany bitious, smart, and anxious to learn. York’s Institute of International Education, but they couldn’t force the German out of us. COMMITMENT TO HEIDELBERG or IIE, to form a new entity that would re- We held on to our roots. We held on to some spond to what seemed like an ever-present My own life serves as an example of the ac- of the language, especially after we heard need to rescue persecuted scholars. With our parents lapse into German when telling celerated natural selection premise. IIE’s long history of this work in mind, and As I mentioned before, Heidelberg readily each other secrets. ‘‘Aber nicht vor den with the blessing of IIE’s President, Dr. welcomed me and my family and gave me an Kindem.’’ Our father taught us skat and told Allan Goodman, who is here with us tonight, education that made me thrive. We have us about Heidelberg, where he had studied we formed the Scholar Rescue Fund. done what we could to reciprocate. Soon before going to the front in the First World Over the past 14 years, IIE’s Scholar Res- after he came to office, I asked the Mayor War. cue Fund has saved the lives and work of Unlike some of our fellow refugees, we what I could do to express my gratitude. He nearly 700 professors from 56 countries, plac- made sense of what had happened not by re- suggested that I help to develop a dilapi- ing them in over 350 safe haven universities jecting Germany but by re-engaging with it dated rail yard into a science campus that in more than 40 countries around the world, as soon as we possibly could. In fact, my would attract talent from all over the world. including Germany. It was this work that led Over the past few years and through the brother and I returned to Heidelberg in 1951 us, last year, to partner with the Philipp Max Jarecki Foundation, Tony and I have to pursue the same medical studies as our fa- Schwartz Initiative, fostered by Foreign worked with a dedicated team to develop a ther had. Minister Steinmeier and managed by the whole new part of the city—the Bahnstadt. I Doing so was our way of re-assuming our Alexander von Humboldt Foundation with thank Mayor Wu¨ rzner, his chief of staff Ni- character as Germans. Philipp Schwartz, the federal resources. I am pleased to see its Di- cole Huber, Giles Hemmings, who manages Frankfurt professor of pathology who fled to rector-General, Dr. Enno Aufderheide, and the Max Jarecki Foundation, Tobias Zurich in 1933 and rescued over 1,000 dis- Director of Strategy, Dr. Barbara Sheldon, Wellensiek, who is not only our legal advisor missed German scholars, years later said of here with us tonight. This program enables but also the son of my friend of 60 years his work: ‘‘We committed ourselves to rep- German universities to host threatened Jobst Wellensiek, and city officials who have resent the true spirit of the German nation scholars from around the world, thus further helped make our Bahnstadt project a re- to the world.’’ emphasizing Germany’s role and status as a This re-engagement, which brought my ality—including Mr. Mevius, Mr. Dietz, and safe haven country. past and present into alignment, is the rea- Mrs. Friedrich—for their help. The As evidenced by the history of the Univer- son for my award today. In seeking to make Bahrtstadt is one of the greenest develop- sity of Heidelberg, this is a very old story. the different parts of my life fit, I have en- ments in this country, with full access to From the burning of the great library of Al- gaged actively with both the city of Heidel- new technologies, and within minutes of Hei- exandria, scholars have fled persecution to berg and the city of New York. I have looked delberg’s preeminent educational institu- safe havens, bringing their knowledge and for ways to further strengthen the U.S.-Ger- tions. This project is a great example of Hei- skills with them and greatly enriching aca- many relationship. And I have felt perfectly delberg’s successful integration of tradition demic life in their new homes. The sack of Constantinople in the year 1204 caused its at home in both places, perhaps, as my wife and innovation, science and business, the best scholars to flee from Turkey to Europe, and closest friends would say, just a bit more past and the future. As the British writer and is said to have produced the European exuberantly in Germany, like the eighteen- G.K. Chesterton said, ‘‘Tradition means not Renaissance. More recently, the U.S. bene- year-old I was when I found myself in my that the living are dead; it means that the fitted greatly from scientists and scholars lost homeland. dead come alive.’’ I am fortunate to have had an outstanding expelled by the Nazis, as did the Turkish REFUGEES team facilitating our efforts. This team has higher education system, which was rebuilt My U.S.-German outlook, as well as my been led by the talented Tony Detre, who in the 1930s and 1940s by over 1,000 German own personal experience as both a refugee took the ideas proposed by the Mayor and scholars. As collaborators of the Scholar and an academic, give me a unique perspec- helped to make them a reality. I simply Rescue Fund for the past 10 years, Jordan’s tive on what is happening in Germany today could not have done this work without him. Prince Talal and Princess Ghida valiantly and have brought me to a new initiative, Today, I would like to make several new made their country into a safe haven for about which I will tell you in a few minutes. commitments to the city and the university Iraqi scholars, welcoming hundreds of tal- Germany finds itself at the center of a new and to undertake a new partnership with the ented academics into their universities. And refugee crisis, and this time the country is state. now Germany has stepped up to help.

VerDate Sep 11 2014 08:18 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.055 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6910 CONGRESSIONAL RECORD — SENATE December 8, 2016 The need today is very great. Scholars Vermont and on Capitol Hill in Wash- is known for his troubleshooting and around the world are facing fresh repression ington. Bob has committed his entire advocacy for Vermonters in every cor- and conflict. More scholars are fleeing Iraq career to making the Federal Govern- ner of the State. and Syria, a new crisis looms in Turkey, and ment a positive force in the lives of in- In 2009, I gave my highest rec- increasing threats to academics have emerged in countries as diverse as Ban- dividuals and communities. He has ac- ommendation to the incoming adminis- gladesh and Ethiopia. complished much, particularly on be- tration of President Obama for Bob to Today, I would like to tell you about devel- half of our State of Vermont. be appointed as executive director of oping a new partnership. Over the past few Bob, as Marcelle and I have always the Farm Service Agency in Vermont. weeks, several colleagues and I have met known him, was my longest serving Bob has distinguished himself in that with Theresia Bauer, Minister of Science, staff member and is among the longest role—helping Vermont farmers recov- Research and Art for the state of Baden- serving personal staff members in U.S. ering from Tropical Storm Irene, im- ¨ Wurttemberg, of which Heidelberg is a part. Senate history. He began in my Wash- plementing new programs under the We have discussed an innovative idea to add to Germany’s current scholar rescue efforts ington office in 1977 and then moved to 2014 farm bill, assisting new Americans by joining together SRF, private funds, and Vermont to serve as one of my out- from the refugee community to start the state of Baden-Wu¨ rttemberg. We are standing field representatives. He farms, supporting our dairy farmers happy to have the Baden-Wu¨ rttemberg ended his congressional staff service 32 through tough times, and nurturing his Stiftung as a partner who, with the Ministry, years later, in 2009, to take a leader- dedicated USDA staff across Vermont. will support a new group of persecuted aca- ship role at the U.S. Department of Ag- Robert Paquin has been a truly ex- demics to be placed specifically in this state. riculture, USDA, in the Obama admin- ceptional and dedicated public servant The supervisory board of the Baden- istration. for Vermont and the Nation for four ¨ Wurttemberg Stiftung just decided last week On my staff in Washington, Bob to join the program. I am happy to welcome decades. I will continue to seek his ad- the Executive Director, Christoph Dahl, worked on defense, foreign policy, and vice, and Marcelle and I wish him and today. appropriations, and in Vermont, he his wife, Theresa, all the best in the fu- While the details of such a unique multi- supported my work on agriculture, ture. lateral partnership remain to be confirmed, conservation, energy, and environ- f and we all look forward to guidance from our mental protection. He also helped to friends at the Humboldt Foundation, I can manage my Vermont offices and pro- TRIBUTES TO HARRY REID say a few things. First, this very much fol- vided constituent services to countless Ms. COLLINS. Mr. President, as a lows in the tradition of Baden-Wu¨ rttemberg, young man growing up in Searchlight, under Minister Bauer, showing leadership on Vermonters. such issues, most recently with a new pro- Bob brought Vermont values on con- Nevada, HARRY REID was an accom- gram to provide scholarships to refugee stu- servation, sustainable and organic ag- plished amateur boxer. During his 30 dents. Second, such a new program makes riculture, dairy, and rural development years of service in this Chamber, Sen- best use of SRF’s power to find and vet per- to my work on many farm bills, affect- ator REID has demonstrated time and secuted academics from any country and ing national agricultural practices, again the qualities of skill, hard work, every field. Third, it shows both the power policy, and economics to this day. and determination that he learned in and promise of private philanthropy to bring Bob also helped to develop the Lake the ring all those years ago. different groups together to find creative so- Champlain Special Designation Act of Prior to joining the Senate in 1987, lutions to urgent problems. It is just this 1990, worked on its reauthorization in Senator REID established a deep com- type of collaborative thinking that we need in our inter-connected world. 2001, and supported my efforts every mitment to public service in the House What we see now as a refugee problem may year to maintain sufficient Federal of Representatives and in State and well become an even greater deluge in the support for the Lake Champlain clean- local offices. And before that, he served near future as climate change devastates up efforts. He worked day in and day Congress and supported his young fam- ever more of our planet, and technology en- out to nurture and grow important ily working nights as a Capitol police ables tyrants to maintain power more cru- partner organizations in Vermont, in- officer while attending law school at elly. cluding the Lake Champlain Basin Pro- George Washington University. As a We live on a tiny ball spinning through a largely empty space. And if we don’t share gram, Lake Champlain Sea Grant, the Senate leader, serving as Democratic this small world that we inhabit, it will be Leahy Center for Lake Champlain, the whip, majority leader, and, currently, its end. Building walls is futile; equally bad, Lake Champlain sea lamprey control Democratic leader, he has been a for- they put the people on each side into prisons, program, and many more that have midable advocate for his caucus. no matter how prettily they are wall-pa- helped to leverage Federal investments In the Senate, Senator REID has been pered. in conservation and the cleanup of a passionate voice for education, envi- We in the so-called first world are, with Lake Champlain. ronmental protection, health care, and our ferocious energy consumption, deeply I strongly believe that land conserva- renewable energy. His commitment to implicated in the changes we see today, and the greater ones we will see tomorrow. More tion is an important part of the herit- those who serve our Nation in uniform and more people will come to us, dragging age of every Vermonter. Bob worked on is evident through his support for mili- their young children across the seas and the the ground to help establish the Marsh- tary readiness and for our veterans. mountains to come to a place they don’t Billings-Rockefeller National Histor- The great Jack Dempsey defined a know a continent away. We should feel deep- ical Park, the Nulhegan/Conte National champion as ‘‘someone who gets up ly honored, but we must live up to it. If we Wildlife Refuge and the Upper when he can’t.’’ In his many years of don’t, the liberties they hope we have will be Missisquoi and Trout National Wild service to the people of Nevada and to lost to us all. and Scenic Rivers. He also helped me our nation, Senator HARRY REID has ‘‘Giess Wasser zur Suppe und heiss alle willkommen’’ (‘‘Add water to the soup and as I fought for the addition of more proven himself to be a fighter who al- make everyone welcome’’) is an old German than 100,000 acres to the Green Moun- ways answers the bell. I wish him and folk saying. Those ancestors well understood tain National Forest, protection of the his wife, Landra, health and happiness that a meal cannot be enjoyed, a peace not Appalachian National Scenic Trail, and for many more years to come. maintained, and one’s own not protected establishment and expansion of eight Mr. NELSON. Mr. President, I have without sharing and compromise. It is a bit Federal wilderness areas in Vermont. had the honor and privilege of serving of German folk wisdom that has survived all He also worked on the delivery of Cap- with HARRY REID for all of my 16 years imperializing regimes and their detriments. itol Christmas trees from Vermont’s in the Senate. He has been a resolute Once again, I thank you for the great honor of this award and commit myself, in Green Mountain National Forest to leader for our Caucus, a fearless legis- the spirit of true and authentic partnership, Washington, DC. lator who has brought landmark legis- to do this critical and urgent work together. Time does not allow me to catalogue lation to the floor and a tireless advo- f all of Bob’s accomplishments while on cate for Nevadans and all Americans. my staff, but his greatest impact may More importantly, I am proud to call TRIBUTE TO ROBERT PAQUIN have been his simple and honest inter- HARRY a friend. Mr. LEAHY. Mr. President, Robert actions in helping thousands of We all know the story of HARRY’s Paquin is retiring after 40 years work- Vermont constituents with problems journey to elected office from that ing as a dedicated public servant in and requests over so many years. Bob small mining town in Nevada. The

VerDate Sep 11 2014 08:18 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.056 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6911 humble way he grew up inspired him to Park, and led passage of the Post–9/11 while campaigning in Nevada, a young help others who faced similar hardships G.I. Bill of Rights. woman named Astrid Silva slipped a his family had faced. He carried that As majority leader, he shepherded note to HARRY. Astrid was brought to perspective with him from Searchlight, landmark legislation through the Sen- the United States when she was 4 years NV, to the halls of the Capitol, where ate—The Affordable Care Act, Wall old. Unable to work legally, Astrid he became a champion for causes Street Reform, the Recovery Act, and babysat to earn money. She excelled at meant to improve the lives of all many more. Despite the powerful inter- school but feared deportation if she ap- Americans. ests lining up to defeat these efforts, plied to college. In the following years, HARRY is a fighter. That has been HARRY didn’t back down. He worked Astrid and HARRY corresponded, and he said by so many of his friends and col- hard and got things done. As a result, learned of the hopes, dreams, and leagues over the years, and it is truer millions of Americans have health struggles of the DREAMers. of him than almost anyone I have ever care. In a 2013 interview hours before the worked with. That title, of course, has We have fought our way back from Senate passed comprehensive immigra- more than one meaning for HARRY. His the Great Recession of 2008. Consumers tion reform, HARRY said, ‘‘This is why years of amateur boxing taught him now have more protection against pow- I did this . . . because of some things strategy and relentless willpower in erful companies. It is fair to say, she said.’’ the face of his opponents. His years in HARRY’s leadership has improved our Later, when speaking on the floor be- the Senate have been no different. He country and our families’ lives. fore the vote, HARRY said, ‘‘I appre- has had to fight for historical legisla- Today I want to focus on a few issues ciate every one of those letters she tion in an increasingly vitriolic polit- where I was particularly proud to have sent me, because each was a reminder ical climate, things like the Affordable worked with him. Leader REID has been of what is at stake in this debate.’’ A Care Act and the stimulus bill, legisla- a longtime champion for the Filipino testament to HARRY’s character, even tion that gave millions of Americans World War II Veterans. This group of while serving in one of the most power- hope for their futures. over 260,000 Filipino veterans answered ful roles in Washington, HARRY never HARRY has also been a very powerful President Roosevelt’s call during World forgot who he was fighting for. ally for me and my fellow Floridians, War II and fought heroically under the Aloha, HARRY. As we say in Hawaii, a specifically in the fight to protect the U.S. flag. Unfortunately, they have had hui hou, ‘‘until we meet again.’’ State’s fragile environment. He has al- to endure another fight over the course f ways been right there with me in push- of seven decades—the fight for the rec- TRIBUTE TO BARBARA BOXER ognition and benefits they were prom- ing for Everglades funding and vigor- Ms. MIKULSKI. Mr. President, I rise ously defended our coastline from drill- ised. Leader REID has been at the fore- today to speak about my longtime front of this fight. He has helped secure ing proposals that threatened Florida’s friend and colleague BARBARA BOXER, economy and unique environment. compensation from the Department of who is retiring from this body along His leadership has been a source of Veterans Affairs. We have worked to- with me this year. guidance and great strength for me gether to reunify the remaining vet- Senator BOXER will be remembered during my time in the Senate. I am erans with their children. And just last as an inspiration to young women honored to have served with him and week, the House passed and sent the across our country. Her career is a wish him and his family well in his re- President my legislation awarding Fili- textbook of how to get involved in pub- tirement. pino World War II veterans the Con- lic service. Starting at the local level, Ms. HIRONO. Mr. President, I wish to gressional Gold Medal, the highest ci- she came out of the antiwar movement recognize the many accomplishments vilian honor Congress can bestow. and got involved in the environmental of my friend, Senator HARRY REID, my Leader REID was instrumental in get- movement and local causes. Taking colleague from Nevada, during his sto- ting this bill through the Senate, and I lessons from grassroots organizing, she ried career in the U.S. Senate. deeply appreciate his support. ran for the Marin County Board of Su- Growing up in a modest household Nevada is home to a vibrant Filipino- pervisors. She lost that first race, but without an indoor bathroom, hot American community. Leader REID is she didn’t give up. She ran again and water, or a telephone, HARRY learned deeply familiar with the experiences won and became the first female chair. the values of family, faith, and edu- and struggles of Filipino veterans and Eventually, she made her way to the cation. HARRY understood that it is the their families. He worked with Ha- U.S. House of Representatives. Along most vulnerable in society that need waii’s late Senator Dan Inouye to cre- the way, she heard a lot of ‘‘no,’’ but the strongest champions, someone to ate the Filipino Veterans Equity Com- always turned it into a ‘‘yes.’’ She fight for them. pensation Fund within the VA in 2009. never quit, never lost faith in herself, HARRY’s service to the people of Ne- The fund’s creation was a significant and never stopped trying. vada began long before he came to Con- step forward in recognizing the dedi- When it looked like the accusations gress. After attending law school at cated service and sacrifice of these vet- of Anita Hill would be swept under the George Washington University, Leader erans. I was proud to have Leader REID rug, I spoke out in the Senate against REID returned home and served as Hen- join me in our successful effort to se- it, but I was only one female voice. derson’s City Attorney. At the age of cure appropriations language prohib- BARBARA BOXER came to my aid. Even 28, he was elected to the Nevada State iting any attempts to direct these though she was in the House, she led a Assembly. Two years later, Leader funds to other programs. troop of fierce House women running REID became the youngest Lieutenant This past May, the Obama adminis- up the steps to the Senate to face down Governor in Nevada history. HARRY ex- tration finalized a parole program that the Judiciary Committee and demand perienced political losses early in his would allow family members of Fili- they shed light on the accusations of career, but he never let that hold him pino World War II veterans to come to sexual harassment. BARBARA had the back. After 5 years as chairman of the the United States to be reunited with crack team of ELEANOR HOLMES NOR- Nevada Gaming Commission, HARRY their aging parents and siblings. These TON, Pat Schroeder, LOUISE SLAUGH- won election to the U.S. House in 1982. veterans had already waited decades to TER, NITA LOWEY, Jolene Unsoeld, and He served two terms before winning his be reunited with their children in the Patsy Mink to back her up. They mar- first U.S. Senate race in 1986. Philippines. shalled the press and marched right up HARRY’s stint as an amateur boxer Speaking at my press conference an- these steps. They knocked on the door taught him to never back down from a nouncing the program, HARRY honored and were going to be turned away be- fight, no matter how big. Throughout the veterans’ sacrifice saying, ‘‘in cause they weren’t Senators. But they his Senate career, the people of Nevada those islands where MacArthur left, pointed to that group of photographers have been able to count on HARRY to the Filipinos were left there with some and said, We are going to tell them fight for them. of our troops and they fought valiantly that you turned us away, what do you He has spearheaded investments in and were not recognized.’’ think will happen then? So they were clean energy, established Nevada’s first Finally, I want to highlight Leader let in and made their case. Those Sen- national park, Great Basin National REID’s work on immigration. In 2009, ators couldn’t face the calculation and

VerDate Sep 11 2014 08:18 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.071 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6912 CONGRESSIONAL RECORD — SENATE December 8, 2016 fury of BARBARA BOXER and the House BARBARA and her husband, Stewart, his principles. When the decision went women, and those hearings were con- many happy days ahead as they start against him, he conceded graciously, vened. The Anita Hill hearings made an writing this new chapter in their lives. reminding Americans that what unites indelible mark on this country. Even if we are on opposite sides of the us is far stronger than what divides us. It really woke America up as to what country, I know I will always have a It has been an honor to serve with was going on in the workplaces around friend in California. Senator KIRK in the U.S. Senate. It has the country for women and how little f been a joy to develop our friendship, representation women really got in one I will cherish always. I wish him TRIBUTE TO MARK KIRK Congress. Watching that all-male Judi- all the best in the years to come, and ciary Committee tear into Professor Ms. COLLINS. Mr. President, on Jan- I know that he will meet any chal- Hill for daring to accuse her boss of uary 3, 2013, Senator MARK KIRK lenges that lie ahead with the strength sexual harassment, the women of climbed the 45 steps to the U.S. Cap- and fortitude he brought to those 45 America took action and elected BAR- itol, triumphantly returning to work steps of the U.S. Capitol. BARA BOXER, DIANNE FEINSTEIN, Carol after a year of intensive recovery from Mosely Braun, and PATTY MURRAY to a stroke. To the cheers of colleagues f the U.S. Senate. and friends, he called it one of the TRIBUTE TO BARBARA MIKULSKI I was thrilled when BARBARA came to greatest moments of his life. me thinking about running for the Sen- It was a moment of courage and de- Ms. HEITKAMP. Mr. President, ate. I told her it was the perfect time: termination that defined a life dedi- today I wish to honor my friend, col- she can do more in the Senate and be cated to serving the people of Illinois league, and mentor from Maryland, heard in the Senate. I said would be and of our Nation. From his service in Senator BARBARA MIKULSKI, who is re- worth the fight to get her here with the Navy Reserve as an intelligence of- tiring at the end of this year. BARBARA me, even if just to have someone I ficer, to the World Bank, the State De- has an impressively long and distin- could see eye-to-eye with on a daily partment, the House International Re- guished career in public service, rep- basis. lations Committee, and five terms rep- resenting her home State of Maryland BARBARA even started an exercise resenting the 10th Congressional Dis- in Congress for nearly 40 years. program in the House when we were trict of Illinois, Senator KIRK brought Since I came to the Senate in 2013, it there together. She showed up in color- to this chamber a wealth of experience, has been a pleasure to serve alongside ful leotards, and Geraldine Ferraro wisdom, and commitment. titans like Senator MIKULSKI. As a came looking like a photo op for Van- I had the pleasure of working along- matter of fact, my first official Senate ity Fair, and Olympia Snowe wore this side Senator KIRK on the Appropria- office was tucked in-between hers and gorgeous outfit. I show up, chunky yet tions, Health, Education, Labor, and then-Senator Rockefeller’s on the fifth funky, and the instructor is yelling, Pensions, and Aging Committees. His floor of Hart. As neighbors we formed a ‘‘Go for the burn! Put your hands on approach to legislating has been in the friendly bond, and I oftentimes would your waist and bend, bend, bend!’’ And highest traditions of the Senate: In- stop by to chat with her or sometimes I turned to BARBARA and said, ‘‘If I had formed, passionate, and always civil. just Mrs. O’Malley, who runs a tight a waist, I wouldn’t be here.’’ Well, He looked at the issues before the Sen- ship. On occasion, Senator Rockefeller those exercise classes may not have ate not through the lens of a political and I would overstay our welcome, and lasted long for me, but her energy just partisan, but rather through the lens of Mrs. O’Malley would kick us out and couldn’t be beat. a pragmatic problem solver and con- send us back to our offices. For those Her zip and zest is pure California sensus builder. of you who don’t know, Mrs. O’Malley sunshine, and Californians have more Senator KIRK has been a valued ally has played a critical role in Senator sunshine in their spirit because of her on many fronts. We introduced the RE- MIKULSKI’s office for nearly 30 years work. Her energy has brought light to GROW Act to accelerate the develop- and has helped instill the values of California and light to the sometimes ment of new therapies for patients liv- hard work and dedication to a genera- dreary Capitol hallways. tion of Hill staffers. I am going to miss my good friend ing with such diseases as Alzheimer’s As the longest serving woman in Con- and irreplaceable political partner. disease and diabetes and to achieve gress, Senator MIKULSKI has inspired a Democrats have had a lot of tough breakthroughs in stroke recovery. I generation of women to pursue careers fights over the last 25 years, and the was proud to be named with him to serve on the Women’s and Family in public service and run for higher of- two BARBARAs have always been there, fice. As dean of the women Senators, side by side. We voted against the war Global Health Task Force so that the in Iraq, both believing it was a mis- United States will continue to be a BARBARA worked to mentor new women take. We were in the minority, but leader in preventing maternal and Senators on how to be effective legisla- both of us still believe it was one of the childhood deaths from treatable tors and build coalitions across party best votes we have ever taken as Sen- causes. We joined together on vital leg- lines to advance landmark legislation. ators. We stood up for what we believed islation to keep firearms out of the The bipartisan women’s group has met in and what we thought was right— hands of terrorists and in addressing regularly under her leadership, helping which is exactly what our constituents our Nation’s opioid addiction crisis. He bridge partisan divides that so often sent us here to do. has always had a deep commitment to plague this Chamber by getting Sen- BARBARA BOXER has been there for good government and was a strong ators to know each other on a personal our children, leading the way for after voice for accountability through inde- level over her homemade Maryland school programs and making sure they pendent, effective inspectors general. crabcakes. are kept safe. She has fought against As chairman and former ranking One cannot mention Senator MIKUL- wasteful spending in the Pentagon—the member of the Appropriations Sub- SKI without also mentioning her fierce $400 hammer and the $7,000 coffee pot. committee on Military Construction advocacy and determination to make She has defended women’s right to and Veterans Affairs, Senator KIRK has Maryland and our country a better choose and protected women against worked tirelessly on behalf of the men place to live, work, and raise a family. domestic violence. She has held the and women who serve our country. Fol- One of the first bills I cosponsored feet of polluters to the fire as the lowing in the tradition of Illinois Sen- when I came to the Senate was the Vio- champion of clean air, clean water, and ator Everett Dirksen, who helped pass lence Against Women Reauthorization our natural resources. It is too hard to the Civil Rights Act a half-century Act, VAWA, which BARBARA played a pinpoint just one thing the Senate will ago, Senator KIRK has been a leader in critical role in originally passing. miss about her: her political prowess, ensuring the rights of America’s LGBT Since its passage in 1994, VAWA has her dedication and determination, her community. been effective in responding to domes- undying loyalty and friendship. All of The past election brought disappoint- tic violence. Additionally, she has those and more will be missed. ment, but it also revealed character. worked tirelessly in the fight to close As we end this session of Congress Senator KIRK ran a vigorous but honor- the pay gap for women, who currently and our careers in the Senate, I wish able campaign and never compromised earn about three-quarters of what men

VerDate Sep 11 2014 08:18 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.059 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6913 earn, by advancing the Paycheck Fair- KELLY and I worked with each other questionable loyalty. He has proven to ness Act, which I have proudly cospon- to make real and substantial progress be one of the most successful nego- sored twice now. Women shouldn’t on many issues using common sense tiators for the President. make 77 percent of what men earn for and our desire to do what is best for I have traveled the world with JOE the same job. This hurts families who our States and the country. We both and the private man is exactly what are just looking to take care of their came to the Senate with an under- you see in public. JOE BIDEN is articu- kids, put food on their table, and keep standing of rural America. As the wife late, determined, kind, gracious, funny, a roof over their heads. of a small business owner, KELLY un- and an eternal optimist. I am confident Just as Senator MIKULSKI has been derstands the real life implications pol- he will continue to serve the nation he an advocate for families, she also un- icy can have on small businesses, loves so much. derstands the critical role science, re- which she displayed as we worked to- Vice President JOE BIDEN stands out search, and innovation play in creating gether on the Small Business Com- in all the right ways. economic growth in the United States. mittee. We also sat next to each other f Maryland is home to several great in- on the dais for 4 years as we served to- 21ST CENTURY CURES BILL stitutions, such as the Goddard Space gether on the Homeland Security and Ms. CANTWELL. Mr. President, I Flight Center, which I had the pleasure Governmental Affairs Committee. Her wish to address the 21st Century Cures of visiting last fall, that are at the commitment to keeping our Nation Act legislation, which the Senate forefront of their respective fields. safe shined through time and time passed yesterday with my support. I When I was at Goddard, the Director again as our committee worked on bor- voted for this bill and support many of showed me the fascinating work their der security, cyber security, and im- its provisions. However, I also have researchers and engineers are engaged proving our Federal Government’s effi- some serious concerns regarding the in and how NASA’s various missions ciency and effectiveness. manner in which the bill is funded. help us enhance crop production and be Together we passed two bills, one of I would like to congratulate two of better stewards of our planet. Her work which has been signed into law and the my Senate colleagues for their remark- on the Senate Appropriations Com- other which awaits the President’s sig- able commitment to this bill: the sen- mittee has helped keep the United nature. The first was the Breast Cancer ior Senator from Tennessee, LAMAR States at the forefront of scientific dis- Awareness Commemorative Coin Act, ALEXANDER, and the senior Senator covery and technological innovation. which created a commemorative coin from Washington, PATTY MURRAY, who Senator MIKULSKI is the best of to help fund the Breast Cancer Re- worked long hours in good faith to American public service. She is smart, search Foundation’s efforts to fight forge a bipartisan compromise on both honest, empathetic, and outrageously breast cancer. Her dedication to help sides of the Capitol. funny. She has earned her reputation the one in eight women who will de- Washington State is a laboratory for as a force to be reckoned with. And on velop invasive breast cancer over the health care innovation. From Spokane her next chapter, I wish her Godspeed— course of their lifetimes will not be for- to Seattle, my State has a culture of and may the force be with her. gotten. The second bill was the North- collaboration and inventiveness in f ern Border Security Review Act to en- which the entire health care commu- sure that our Nation’s northern border TRIBUTE TO KELLY AYOTTE nity—including researchers, providers, gets the attention and resources it insurers, employers, policymakers, and Ms. HEITKAMP. Mr. President, needs to keep our communities safe. I others—come together to find better today I wish to honor my dear friend am extremely proud to have worked ways of preventing, managing, and and colleague from New Hampshire, with her on these issues. treating disease. This collaboration Senator KELLY AYOTTE, who is depart- Senator AYOTTE has been an out- makes my State unique and on the cut- ing from the Senate at the end of this standing public servant for the people ting edge of developing innovative year. Over the last 4 years, I have been of New Hampshire and this country. I health care delivery. consistently impressed with KELLY’s know that she is proud of her accom- That is why Washington is the origi- pragmatic approach to her role as a plishments in her time as a Senator, nal home of the Basic Health Plan, a U.S. Senator. Time and time again, I and I am proud to be a part of some of State-run option that gives working have seen her be a strong advocate on those accomplishments. The women’s people without employer-sponsored behalf of her State and have admired softball team will definitely miss her health care the negotiating leverage to her willingness to forge the tough, bi- because, let’s face it, she is a better get a better deal on health insurance. partisan compromises that our country softball player than I am. I know It is why the Boeing Company has needs. KELLY will continue to be a champion partnered directly with health care Senator AYOTTE started her career for New Hampshire no matter what she providers like the Everett Clinic to re- clerking for an associate justice of the does. And since we each have taken our duce sick days and improve the health New Hampshire Supreme Court. After turns in the batting cages, we never of its workers. about a year of clerking, she started step down from the plate. I guess imi- It is why community leaders in Yak- practicing law. She eventually moved tation truly is the best form of flat- ima and Spokane have banded together on to be a prosecutor for the New tery. I truly wish her the best. to break ground on new medical Hampshire Attorney General’s office, f schools to fill unmet primary care quickly gaining experience and know- needs in their regions. how to become the first female attor- TRIBUTE TO VICE PRESIDENT JOE And it is why so many lifesaving ney general of her State—something BIDEN medical discoveries and treatments, in- we have in common. Mr. GRAHAM. Mr. President, in a po- cluding immuno-oncology, dialysis, When I came to the Senate in 2013, litical world getting more contentious and the mapping of the brain have KELLY and I were the only female by the day, with even greater divisions their roots in our State. Many of these former attorneys general in the Cham- and an increasing lack of civility, JOE discoveries started with NIH-supported ber at the time. She had been elected BIDEN has always stood out. basic research at public research uni- to her first term 2 years before me, so The reason so many Republicans and versities like the University of Wash- as new Senators, we bonded through Democrats appreciate him is because ington and Washington State Univer- our common experience that later he has touched us all in a special way. sity. pushed us to pass laws and create real When it comes to JOE BIDEN, his word The 21st Century Cures legislation change. Our shared knowledge of the is his bond. He is a fierce competitor, gives a big boost to Washington’s issues, dedication, and common inter- but never takes the fight too far. If he health care innovators. ests led us to become good friends. I am can help you, he always will. He tries, First, the bill’s investment in Presi- also proud to say that our relationship as much as possible, to ensure every dent Obama’s Precision Medicine Ini- extended beyond the Senate Chamber, decision is a win-win. tiative will help get the right treat- as we played together on the congres- As Vice President, he served Presi- ment into the hands of patients, build- sional women’s softball team. dent Obama extremely well with un- ing on the longtime work of renowned

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.055 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6914 CONGRESSIONAL RECORD — SENATE December 8, 2016 researchers like Dr. Leroy Hood and Congress, the funding in Cures is in- longer term energy security assets to the Institute for Systems Biology. deed welcome. satisfy near term budget scoring Tools like big data and sophisticated The 21st Century Cures legislation needs.’’ blood analysis can predict effective also contains positive new policies that Second, the Cures legislation pays for therapies based on a patient’s unique aim to improve access to mental its investments in part by cutting dis- biology, reducing ineffective prescrip- health care, including efforts to better ease prevention funding. While I appre- tions, and lowering health costs over integrate mental health and physical ciate current legislative realities, this time. health as well as strengthen rules to policy approach is not sustainable es- Second, the bill’s funding commit- ensure health insurance companies pecially in light of dwindling public ment to Vice President BIDEN’s Cancer cover mental and physical health health resources throughout my State. Moonshot will advance groundbreaking equally. Unfortunately, many of these Third, the final version of the Cures research at organizations like the Fred policies are not funded and require fu- legislation omits a widely supported Hutchinson Cancer Research Center. ture appropriations. and bipartisan child welfare reform By directing the body’s own immune Washington communities continue to bill, the Family First Preventive Serv- system to attack cancer cells, new can- confront a severe mental health treat- ices Act, which I have been proud to cer treatments can save lives for pa- ment shortage at all levels of the care cosponsor with my colleague Senator tients who may not respond to tradi- continuum, including community clin- RON WYDEN. Washington State is cur- tional interventions. ics and psychiatric units. A 2015 report rently using a Federal waiver, which I Third, the bill’s support for President by Mental Health America, a national helped secure, to do a better job of Obama’s Brain Research through Ad- advocacy group, ranked Washington keeping families together and reducing vancing Innovative Neurotechnologies, State 48th in the Nation when it comes unnecessary foster care placements. BRAIN, Initiative will continue the to mental health treatment, due to a This approach is better for kids and leadership of organizations like the high prevalence of mental illness and families, and it can save States money. Allen Institute for Brain Science in poor access to care. In the face of over- The Senate’s failure, up to this point, unlocking the mysteries of the brain. whelming emergency room admissions to pass this bill is a lost opportunity Neuroscience is one of the final fron- and a State legal ruling on psychiatric for children in Washington and tiers of medicine, and future revela- ‘‘boarding,’’ community partnerships throughout the Nation. tions in this field hold immense prom- like the Alliance for South Sound Last, I note that the funding author- ise to better treat conditions affecting Health in Pierce County have stepped ized by the Cures legislation must be the brain, such as Alzheimer’s and up to build more treatment capacity. appropriated by future Congresses. I traumatic brain injury. And Governor Jay Inslee and the State will continue to work with my col- In addition to my strong support for of Washington have announced ambi- leagues on the Appropriations Com- research into future medical miracles, tious goals to integrate mental health mittee to fund these important health many of my constituents need treat- with chemical dependency and physical care priorities. ment for acute and chronic conditions health. I view the funding and policies in the now. I will continue to fight for real Cures legislation as a step forward that That is why I am encouraged that the money for mental health, including continues to support Washington’s 21st Century Cures legislation takes policies to ease the Medicaid Institu- health care innovation and pave the positive steps to combat the dual crises tions for Mental Diseases, IMD, exclu- way for future medical breakthroughs. of mental health care and opioid addic- sion, an archaic barrier to needed inpa- The mental health and opioid response tion. tient care for people in crisis, as well provisions in the legislation are wel- The legislation includes a $1 billion as policies to improve mental health come in addressing these crises, but are funding commitment to combat the delivery. far from sufficient. Moving forward, I opioid and heroin epidemic. In recent I am also pleased that the 21st Cen- will work to ensure that appropriators years Washington has experienced a tury Cures legislation includes a provi- make good on the funding commit- doubling in heroin-related deaths, ac- sion I sponsored, S. 2261, the Rural ACO ments in Cures, and I will fight to open cording to data from the Washington Provider Equity Act, to drive coordi- up greater access to health care for State Department of Health. Earlier nated health care in medically under- Washingtonians. this year, PBS’s ‘‘Frontline’’ profiled served areas, as well as legislation I the courageous stories of some of my have cosponsored to preserve access to f constituents who are battling addic- vital outpatient therapeutic services at HONORING OUR ARMED FORCES tion, as well as new public responses small rural hospitals. Medical facilities Mrs. BOXER. Mr. President, today I that municipalities like the city of Se- in these remote communities—such as wish to pay tribute to four service- attle are deploying to address this pub- Forks, Brewster, and Newport—need members from California or based in lic health crisis. our support to keep essential health California who have died while serving The reality in too many Washington services accessible in the face of doctor communities is that needed addiction our country in Operation Freedom’s and clinical staff shortages. I thank Sentinel and in Operation Inherent Re- services are simply out of reach for the senior Senator from South Dakota those in the throes of acute with- solve since I last entered names into for his partnership and support on the record. drawal, relapse, or in need of ongoing these important issues. recovery supports. The Cures legisla- While I supported the Cures legisla- STAFF SERGEANT JOHN W. PERRY tion helps by authorizing much-needed tion, the package incorporates trou- SSG John W. Perry, 30, of Stockton, State grants for treatment services, bling budget offsets that are con- CA, died November 12, 2016, of injuries prescription drug monitoring, preven- cerning. sustained from an improvised explosive tion, and health professional training First, the Cures legislation finances device in Bagram, Afghanistan. Staff programs, which will bolster efforts by itself in part by selling millions of bar- Sergeant Perry was assigned to the public health departments like the rels of oil from the Strategic Petro- Headquarters and Headquarters Com- Spokane Regional Health District to leum Reserve. pany, 1st Special Troops Battalion, 1st meet urgent community needs. This The use of this budget offset steadily Sustainment Brigade, 1st Cavalry Divi- funding is far from sufficient, given weakens the energy security of the sion, Fort Hood, TX. that 90 percent of people who need ad- United States and again uses the re- CHIEF PETTY OFFICER JASON C. FINAN diction treatment in the United States serve as a piggy bank to pay for non- CPO Jason C. Finan, 34, of Anaheim, do not receive it, according to the Sub- energy priorities. In its November 29, CA, died October 20, 2016, in northern stance Abuse and Mental Health Serv- 2016, Statement of Administration Pol- Iraq, of wounds sustained in an impro- ices Administration, SAMHSA. How- icy on the Cures legislation, the White vised explosive device blast. Chief ever, given that Senate Democrats House Office of Management and Budg- Petty Officer Finan was assigned to have been calling for real money for et concurred, noting this offset ‘‘. . . Explosive Ordnance Disposal Mobile the opioid epidemic throughout this continues a bad precedent of selling off Unit Three.

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.061 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6915 STAFF SERGEANT MATTHEW V. THOMPSON implementing firearms and less-lethal duced overall costs and hiring delays SSG Matthew V. Thompson, 28, of use of force simulator training; imple- for CBP officers and Border Patrol Irvine, CA, died August 23, 2016, in menting National Standards on Trans- agents. The agency was recognized by Helmand Province, Afghanistan, of in- port, Escort, Detention, and Search, Monster.com and Military.com’s ‘‘Best juries caused by an improvised explo- the first nationwide standards that Companies for Veterans 2016’’ as the sive device that detonated near his pa- govern interaction with detained indi- second best organization for veterans trol while conducting dismounted oper- viduals. among government and private sector ations. Staff Sergeant Thompson was He engaged stakeholders and part- employers. assigned to the 3rd Battalion, 1st Spe- ners globally to enhance U.S. border I would like Congress to recognize cial Forces Group (Airborne), Joint security. Such actions include signing the significance of these accomplish- Base Lewis-McChord, WA. new preclearance agreements with ments and to express my appreciation PETTY OFFICER FIRST CLASS CHARLES H. Sweden and the Dominican Republic; and the appreciation of the American KEATING IV creating increased security, economic people for Gil Kerlikowske’s selfless PO1 Charles H. Keating IV, 31, of San growth opportunities, and an improved dedication to service. I wish him the Diego, CA, died May 3, 2016, in Tall passenger experience with CBP per- best of luck as he pursues the next Usquf, Iraq, of combat related causes. forming the same immigration, Cus- chapter of his life. Petty Officer First Class Keating was toms, and agriculture inspections of air f assigned to a West Coast-based Navy passengers on foreign soil prior to HONORING OFFICER JOSE GILBERT SEAL Team. boarding a direct flight to the United VEGA States; assisting the Government of f Mrs. BOXER. Mr. President, today I Tanzania in establishing a sophisti- ask my colleagues to join me in hon- TRIBUTE TO RICHARD GIL cated canine program to combat the oring the life of Police Officer Jose Gil- KERLIKOWSKE smuggling of contraband; and spon- bert Vega, a beloved husband, father, Ms. HEITKAMP. Mr. President, I rise soring ten Customs Mutual Assistance grandfather, and uncle who was trag- today to honor my friend from the De- Agreements with various countries. partment of Homeland Security—U.S. He worked to advance border secu- ically killed in the line of duty on Oc- Customs and Border Protection Com- rity and management by addressing tober 8, 2016. Jose ‘‘Gil’’ Vega was born in Texas to missioner Richard Gil Kerlikowske, the surge of unaccompanied alien chil- a family of migrant farm workers. who is retiring in January 2017. I have dren and family units by enhancing the When Gil was 6 years old his family re- known Gil since his days as Director of agency’s capabilities and coordination located to Coachella, CA, where he the Office of National Drug Control with Federal partners while sustaining graduated from Indio High School. In Policy, during which time he worked all border security responsibilities; de- 1979, Gil began his career in law en- tirelessly to promote policy reforms, ploying advanced technological solu- forcement by serving as a reserve po- particularly in the area of substance tions to provide additional layers of lice officer for the Indio Police Depart- abuse treatment. In 2013, he visited surveillance; initiating a Naloxone ment. He was hired as a community North Dakota at my request and saw pilot program, becoming the first Fed- service officer by the Palm Springs Po- firsthand the substance abuse dilemma eral law enforcement agency to train lice Department in 1982, and the fol- that we were experiencing in the west- and equip officers with the potentially lowing year, he accepted additional re- ern part of the State. He worked with lifesaving drug for the treatment of sponsibilities as a jail and reserve field me to direct Federal resources to assist overdoses; installing facial comparison training officer. Gil’s hard work and our State partners in reducing drug technology in two airports and con- dedication was recognized in 1985 when abuse, and for that, I will always be tinuing work towards a comprehensive the city of Palm Springs hired him as grateful. biometric exit system; establishing the a police officer trainee. Upon comple- Gil was appointed Commissioner of Missing Migrant Initiative in the south tion of his program at the San U.S. Customs and Border Protection, Texas corridor—a proactive program to Bernardino County Sheriff’s Academy, CBP, in 2014, and, as a Senator on the establish preventative procedures in Gil was promoted to police officer. committee that oversees CBP, I saw order to preserve human life. Officer Vega worked on various as- firsthand the dedication he brought to He worked to enhance economic signments throughout his career, in- the position. On his retirement, it is competiveness through lawful trade cluding serving as a detective for the fitting that we recognize the successes and travel with a continued commit- Riverside Auto Theft Interdiction De- achieved under his leadership. ment to the strong partnership be- tail, RAID, and the Palm Springs Gil worked to counter terrorism and tween the U.S. and Canada by leading Crimes Against Property Unit. Over transnational crime by creating a CBP to deliver on key Beyond the Bor- the course of three decades, Officer counter-network capability to identify der Action Plan commitments related Vega mentored over 30 police officers and disrupt illicit networks and adapt to joint commerce and travel facilita- and was consistently recognized for his to emerging threats along the border tion and security initiatives; commitment to his job and the commu- and abroad, placing under one roof the transitioning to the Automated Com- nity. He was awarded a lifesaving National Targeting-Center Passenger mercial Environment, which serves as medal for performing CPR on an infant and Cargo facilities to enhance the the ‘‘single window’’ for the electronic in 2010 and received the Medal of Merit agency’s efficiency and effectiveness in transmission of import and export in- in 2013. He is also the only officer in identifying potential high-risk individ- formation for 47 agencies; streamlining the history of the Palm Springs Police uals and freight. the import-export process and elimi- Department to have been selected He made efforts to enhance trans- nating more than 200 forms; developing twice by his peers as ‘‘Officer of the parency and accountability by imple- ten centers for excellence and expertise Year,’’ in 1992 and 2011. menting the CBP Integrity Strategy, to facilitate trade for compliant im- Officer Vega truly embodied the very enhancing the agency’s ability to ad- porters; achieving positive results in best of law enforcement and his coura- dress corruption and misconduct in the CBP’s Traveler Satisfaction Survey ad- geous service will be forever remem- workforce; initiating a review and re- ministered at the top 25 airports be- bered. On behalf of the people of Cali- design of CBP’s complaint and dis- tween September 2015 and February fornia whom Officer Vega served so cipline system to promote a timely, 2016. bravely, I extend my heartfelt condo- transparent, and accountable dispute He promoted organizational integra- lences to his wife, Susana; his eight resolution process; fostering the agen- tion, innovation, and agility by raising children; and his entire extended fam- cy’s commitment to respond to use of levels of engagement and commitment ily. force incidents by creating an incident higher than at any other time since TRIBUTE TO CAPTAIN LEWIS LARKIN O’HERN III team to conduct investigations and by 2011, according to the 2016 Federal Em- Mrs. MURRAY. Mr. President, today initiating a National Use of Force Re- ployee Viewpoint Survey. He led cre- I wish to recognize U.S. Army CPT view Board to assess policy compliance ation of advanced hiring hubs and Lewis Larkin O’Hern III for his ex- and best law enforcement practices; other recruitment initiatives that re- traordinary dedication to duty and

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.052 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6916 CONGRESSIONAL RECORD — SENATE December 8, 2016 honorable service to our Nation. Dur- It is my honor to recognize this re- ahead of the disease. His wife, Mary ing his exemplary career with the markable couple and congratulate Cap- Dewhurst, has shown great love and Army from May 2008 to January 2017, tain O’Hern on his military retirement courage through this trying time and Captain O’Hern made an immense im- as he proceeds to the next chapter of is Ayo’s steadfast partner in every pact on those he worked with both in his life. I ask the entire country to winding step of their journey. the Army and here in Congress. thank him for his service and dedica- ‘‘You must work very hard,’’ Maurice Captain O’Hern was born at Madigan tion. Ravel once wrote to a fellow composer, Army Medical Center at Fort Lewis, f ‘‘because someone who is gifted must WA, and grew up in a military family work harder than someone who is not.’’ TRIBUTE TO AYO GRIFFIN before graduating from Belton High I am grateful for both the ample gifts School in Belton, Texas, in 2004. He re- Mr. WHITEHOUSE. Mr. President, and hard work of Ayo Griffin. ceived his commission from the U.S. for many years, the Judiciary Com- I thank Ayo for his faithful service. Military Academy at West Point in mittee and the Senate have been well My entire staff and I offer our 2008. After completing the infantry of- served by the distinguished service of unending support. And I wish him and fice basic course, airborne school, and Ayo Griffin. Ayo is a talented lawyer Mary health and much happiness in Ranger school at Fort Benning, GA, he and a principled public servant, re- their days to come. was assigned to the 101st Airborne Di- spected and admired by his peers, who f vision, Air Assault, at Fort Campbell, has ably guided some of my most sig- KY, where he served as a rifle platoon nificant legislative initiatives. ADDITIONAL STATEMENTS leader. He deployed to Kandahar in Ayo’s career has always dem- June 2010 and, after 7 months in Af- onstrated what Victor Hugo called TRIBUTE TO LISA M. CLINE ghanistan was severely wounded, suf- ‘‘conscience in the service of justice.’’ fering the loss of both legs and a hand. By the time Ayo joined my Judiciary ∑ Mr. DAINES. Mr. President, I wish to In the course of his 2 and a half year Committee staff in 2011, he had already recognize educator Lisa M. Cline for recovery, Captain O’Hern completed taken on difficult work conducting for- over 30 years of service as a K–6 STEM the Defense Strategy Course and eign corruption investigations in pri- educator throughout the State of Mon- worked as a future operations planner vate practice. He had volunteered with tana. Mrs. Cline’s love of STEM, par- at U.S. Army North. In 2013, Captain human rights litigation and ticularly biology, was inspired by her O’Hern was accepted into the Army’s anticorruption training in Cambodia. mother, Nancy Yonkee, who grew up on prestigious Congressional Fellowship In the important tradition of making a ranch during the Great Depression Program. He earned a master’s degree legal aid available to all people, even era and was among the first women to in legislative affairs from George unpopular defendants, he had rep- study premedicine at her university in Washington University and in 2014 resented pro bono detainees at the the 1950’s. served as my defense legislative fellow. Guantanamo Bay Naval Base detention Mrs. Cline grew up on a ranch near Following his fellowship, Captain center in Cuba. Broadus and studied animal science at O’Hern continued to serve as an Army Here in the Senate, Ayo took on leg- Montana State University, with the legislative liaison in the Office of the islation to improve our prisons and goal of becoming a veterinarian. Later, Chief Legislative Liaison. strengthen law enforcement, to prevent Mrs. Cline decided that she could have Captain O’Hern has performed at the domestic violence and sexual assault, the greatest impact on her commu- top of his profession throughout his ca- to reform our immigration regime, to nities by sharing her love of STEM reer, providing motivation and serving curb gun violence, and to undo the with children and earned an additional as a role model for his fellow service- degree, also from MSU, in education. In members and colleagues. Captain damage done to our campaign finance her time as an educator throughout the O’Hern demonstrated his impressive in- system by the Citizens United Supreme State, including in the communities of tellect in all duties, questioning as- Court decision. In the wake of the flood Bozeman, Plevna, Great Falls, and Cut sumptions and pushing team members of secret money unleashed by Citizens Bank, Mrs. Cline has passionately to achieve their highest potential. He United, Ayo helped me craft the DIS- brought to her students a love for the easily grasped the complexities of pol- CLOSE Act to require groups spending STEM disciplines that is grounded in icymaking and the appropriations large amounts to influence our elec- her agricultural upbringing, her back- processes, greatly contributing to both tions to identify their donors and to ground in biology, and her genuine ex- while in my office. prevent corporations and other Part of what makes Captain O’Hern wealthy interests from using shell cor- citement about asking tough ques- such a remarkable leader is that his porations to funnel secret money to tions, solving tricky problems, and great intellect is coupled with incred- super PACs. learning along the way. ible humanity and compassion. I wit- Ayo worked closely with good gov- Throughout her career, Mrs. Cline nessed his inexhaustible drive to pro- ernance advocates, campaign finance strived to bring a rigor to her class- vide assistance to fellow servicemem- experts, and our colleagues here in room that prepares her students to be- bers and veterans, which is in the Congress to build a strong coalition be- come the best scientists, engineers, and image of some of the Army’s greatest hind the legislation. When Republicans mathematicians. She does this both in- leaders. I was privileged to have Cap- blocked the legislation from pro- side and outside of the classroom, tain O’Hern as an enormously impor- ceeding in 2012, Ayo helped me coordi- working tirelessly over the years to or- tant member of my legislative team. nate a midnight vigil, with the bill’s ganize innovative, inquiry-based as- His contributions continue to resonate Democratic sponsors holding the Sen- signments, student debates, local today. ate floor into the morning hours until science fairs, field trips to archae- Captain O’Hern models resilience and we secured a vote on the measure. In ological sites, and voyages into the determination. His story is a testa- the end, the DISCLOSE Act twice won mountains. Most recently, she brought ment to the power of a positive can-do support from a majority of Senators in her sixth graders to Glacier National attitude and a shining of example of votes before this body. Ayo’s contribu- Park, where they learned about its in- the refusal to let obstacles stand in his tion to that effort not only channeled a tricate ecosystems and rich geological way. Captain O’Hern’s inspirational groundswell of popular support, but history. journey would not have been possible shone a bright light on an issue at the I want to express my deep gratitude without the unfailing support from his very heart of our democracy. to Mrs. Cline for her dedication and exceptional wife. Mrs. Rachel Brooks Today Ayo is facing a much different service to educating our country’s O’Hern was an integral partner in Cap- challenge. Some time ago, he was diag- youth, particularly for cultivating tain O’Hern’s recovery. In addition to nosed with a rare form of brain cancer, within them a love for STEM and in- undertaking her substantial caregiver requiring intensive therapy. He has quiry-based learning. And a big thank role, Rachel also built an impressive tackled his treatment with signature you to Dr. Angela Person for her nomi- career of her own, serving the wider determination, working intently with nation of Mrs. Cline as Montanan of veteran community. his specialists and therapists to stay the Week.∑

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.060 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6917 TRIBUTE TO DAVE RAU Dedicated and selfless in his ap- back to.’’ Five from Taos Pueblo sur- ∑ Mr. DAINES. Mr. President, today I proach to public service, this son of vived till the end of the war, and Gov- would like to recognize Lewis and Madison County has surely left a last- ernor Reyna was the last surviving of Clark County undersheriff Dave Rau ing mark on the people of his commu- them. His American Legion garrison who announced his retirement after 20 nity and his State. I am honored to ac- hat—honoring his service—bears an years of service to the people of Mon- knowledge his retirement from public eagle feather in the band. According to tana. Dave is the prime example of law service and recognize this great Flo- Governor Reyna, ‘‘This feather rep- enforcement’s tireless efforts to pro- ridian.∑ resents all the Indian veterans, men tect and serve Montanans at any cost. f and women.’’ Today marks the 75th anniversary of Undersheriff Rau launched his law REMEMBERING TONY REYNA enforcement career in Texas as a pris- the Bataan invasion, which began on ∑ on guard, and after 7 years he came to Mr. UDALL. Mr. President, I wish to December 8, 1941—just hours after the the last best place. He began serving pay tribute to Taos Pueblo Governor attack on Pearl Harbor—when soldiers Montanans with the East Helena Po- Tony Reyna, who passed away Decem- from the 200th Coast Artillery Regi- lice, then his path led to the Lewis and ber 5, 2016, at the age of 100, in Taos, ment became the ‘‘first to fire’’ to de- Clark County Sheriff’s Office. Through- NM. fend the Philippines from Japanese out the last two decades, Dave has gar- Governor Reyna’s life was defined by bombers. It is fitting that we Honor nered countless advocates in the Hel- service to others: he served his coun- Governor Reyna today. ena community. Sheriff Leo Dutton try, his State, his community, his After the war, Governor Reyna re- has said, ‘‘There will never be another Pueblo. turned to Taos Pueblo and, as he said, Dave Rau.’’ Governor Reyna was born February 1, ‘‘. . . got busy.’’ He married, and he and Dave is a husband to Tammy and fa- 1916, to Helario and Crucita Reyna of his wife, Annie Cata Reyna, had four ther to their children, Aaron and Whit- Taos Pueblo. He was given the name children, Diane, John Anthony, Phillip, ney. He is unsure what his next adven- ‘‘Chuta,’’ which means ‘‘Hunter’s and Marie. ture will entail, but he is sure he will Call.’’ According to Governor Reyna, Governor Reyna wanted to open an remain active in the community that ‘‘It was so important, the care my fa- art shop in Taos, but banks would not he loves. ther and mother gave us, their commit- loan to a Native American, even a vet- Undersheriff Rau, the U.S. Senate ment to us they said, ‘Don’t take. Give eran. ‘‘I went to the bank, but they commends you for your service to the something back.’ That’s the philosophy weren’t interested in loans to Indians people of Helena and Lewis and Clark we live by.’’ because they had nothing in the way of County. Thank you for your diligent Governor Reyna was raised in the security,’’ he said. He found two busi- work in keeping the people of Montana traditional pueblo of Taos—occupied nessmen in town who would lend to safe. I hope that your path continues to for 1,000 years and considered the old- him, and over the next 2 years, he be blessed with success.∑ est continuously inhabited community hand-built an adobe shop and home and in the United States. The five-storied f paid the men back in full. adobe pueblo—dramatic and pictur- ‘‘I opened the doors to the shop May TRIBUTE TO TIM SANDERS esque—lies at the base of the Mo-ha-loh 1, 1950,’’ he said. ‘‘There was no shop ∑ Mr. NELSON. Mr. President, I want or Ma-ha-lu, which we call the Sangre like this at the Pueblo at the time. I to pay tribute to the public service of de Cristo Mountains. Governor Reyna felt I had a responsibility to promote Tim Sanders, a longtime clerk of the maintained a home there, where the Indian craft.’’ At the time, Governor Courts for Madison County, FL. Tim family gathered for pueblo ceremonies. Reyna’s shop—Tony Reyna Indian has served admirably as county clerk Governor Reyna attended the Taos Shop—was the only Native-owned store and comptroller for six consecutive Pueblo Day School as a young boy. ‘‘By dealing strictly in Native-made crafts. terms and will retire after 24 years, the time we could carry a bucket, we The shop is open to this day—run by which is an incredible achievement. were carrying water and wood for Governor Reyna’s son Phillip—and is His contributions to Madison County mother to cook. We would run home the oldest shop in Taos selling Native- and Florida long predate the start of from school to water and feed the made art. his tenure as county clerk. He began horses. We would ride into town bare- Governor Reyna served Taos Pueblo his career at Madison County Memorial back to get kerosene. Those were very as secretary for the Governor’s office Hospital, where he worked on the floor, enjoyable days. We thought it was very in 1975 and Lieutenant Governor in in the emergency room, and in the x- hard, but looking back, it was very 1977. He served two terms as pueblo ray department. After earning a second worthwhile. We learned to work and to Governor, in 1982 and 1992, and was a degree from the University of Florida, take responsibility.’’ lifetime member of the tribal council. Tim spent time surveying in Madison He attended Santa Fe Indian School ‘‘I served in the Army, I served the and nearby counties for a business that and graduated from Santa Fe High state of New Mexico, and I served the he later acquired himself. Tim accom- School in 1936. After high school, he city of Taos, but the most important of plished all of this before starting his taught woodworking at Albuquerque all was serving my people as gov- career in public service as county Indian School. ernor.’’ clerk. Governor Reyna was a member of the Governor Reyna was instrumental in A true man of the community, Tim New Mexico National Guard in 1941 the successful effort to return Blue currently serves on the board of trust- when he was shipped to the Phil- Lake to Taos Pueblo. Nestled in the ees at the Madison First United Meth- ippines. At that time, Native Ameri- mountains northeast of the pueblo, the odist Church, as well as on the boards cans were not considered full citizens. lake is sacred to the pueblo. It and of directors at Big Bend Hospice, the They served in the military with brav- 48,000 acres were taken from the pueblo Madison County Foundation for Excel- ery and distinction, yet did not have and appropriated as Federal lands in lence in Education, and the Treasures the right to vote. Governor Reyna was 1906. After much work, the area was re- of Madison County Museum. captured by the Japanese, along with turned to the pueblo in 1970. Tim was born, raised, and attended 10 other servicemen from Taos Pueblo. As Governor, Governor Reyna was in- public schools in Madison. In fact, he He endured and survived the 65-mile strumental in securing Taos Pueblo’s has devoted a great deal of time sup- Bataan Death March and 3 and one-half designation as a UNESCO World Herit- porting public education and children years of brutal captivity. He was tor- age Site in 1992. He secured that status in Madison County. To give a sense of tured and forced to bury hundreds of without compromising the pueblos’ this man’s character, Tim has per- his fellow servicemen, including his conditions for privacy. After the des- formed as the American folk hero best friend. ‘‘I was raised a farm boy ignation, he convinced the U.S. Air Johnny Appleseed for elementary from sunrise to sundown, so I was Force to change flight patterns of su- school children in Madison and sur- tough enough to survive starvation,’’ personic jets over Taos Pueblo. The rounding counties each fall for 20 he said. ‘‘Determination kept me flights were damaging the structure of years. going. I had a family, a home to come the buildings. As a veteran, Governor

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.067 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6918 CONGRESSIONAL RECORD — SENATE December 8, 2016 Reyna had credibility and assured the speed DSL internet service and a fiber- nomic engine since its founding in 1718. Air Force he understood the need for to-the-home program. He managed ex- Its location at the mouth of the Mis- national security, but firmly demanded penditure of $116 million to install over sissippi River, influential and innova- the damaging flights stop. The Air 5,200 miles of fiber-optic cable across tive population, and unique accessi- Force rerouted the flights. eastern and central New Mexico and to bility to natural resources have al- Governor Reyna served as police expand high-speed internet access to lowed the Big Easy to prosper, but it commissioner for the town of Taos, as critical community institutions. This wasn’t until recently that New Orleans a member of the Taos Municipal facilitated distance learning so chil- has become a hub of new technology School Board, as a trustee for the dren in rural schools can access re- and entrepreneurship. A major part of Millicent Rogers Museum in El Prado, sources that are not available in their that success is due to Idea Village, an and as a tribal judge at the Santa Fe hometowns. And it has enabled hos- independent nonprofit organization Indian Market. pitals to use telehealth to improve care that is dedicated to driving economic In 1992, he was honored as a Santa Fe and provide services they can’t offer in growth in and around New Orleans. Living Treasure. The Heard Museum person. Plateau’s service area now ex- In 2000, a group of New Orleans-based gave him the Spirit of the Heard Award tends in 25 counties in New Mexico and technology entrepreneurs came to- in 2010. The chair of the advisory com- western Texas, covering 25,000 square gether to discuss how to spark eco- mittee stated that Governor Reyna was miles. Under his leadership, Plateau’s nomic growth for small businesses and selected ‘‘. . . because he dedicated his technology has been and continues to entrepreneurs in the Crescent City, in life to the betterment of Indian people be state-of-the-art. In 2015, Plateau was order to make New Orleans the hub of and, in particular, to helping preserve the fastest home internet service pro- entrepreneurship in the South. Allen the culture, resources and traditions of vider in New Mexico. Bell, Sally Forman, Sam Giberga, his tribe.’’ And, ‘‘[h]e is a man who has Bringing affordable and reliable tele- Darin McAuliffe, Michele Reynoir, Tim given much, but has asked for little in phone service to rural areas is key to Williamson, and Robbie Vitrano all return.’’ The New Mexico Legislature economic development. Plateau agreed that in order to see a lasting proclaimed his 100th birthday, Feb- brought service to rural New Mexico change, they should create a business ruary 1, 2016, as ‘‘Tony Reyna Day.’’ when larger, national companies would accelerator program that partners with Governor Reyna was buried Decem- not. Its investments in telecommuni- the local community in order to rein- ber 5, 2016, dressed in a deerskin robe cation services created many business vest in New Orleans-based businesses. and with full military honors, at the opportunities in rural Eastern New Idea Village was officially established Taos Pueblo cemetery, following a Mexico, supporting and enhancing eco- in 2002 and immediately went to work mass at the pueblo’s San Geronimo nomic stability in the region. in identifying, supporting, and retain- Church. When Plateau decided to sell its mo- ing local entrepreneurs. That year, War hero, husband, father, business- bile wireless operations, the company each founder contributed $2,000 to the man, pueblo leader, community lead- anticipated having to lay off 70 em- first business plan competition and er—Governor Reyna’s contributions to ployees. At that time, Tom was eligible successfully raised a total of $125,000 to arts, culture, politics, community, and to retire, but he stayed until he made award to the winning business. the Nation are astounding. His life sure his employees were taken care of. In 2005, Hurricane Katrina destroyed demonstrates the value of service to As the company transitioned, he pro- much of southeast Louisiana and parts ∑ others. He will be missed. vided early retirement for employees of Mississippi. Several New Orleans f and made sure there were no layoffs. businesses were damaged and closed, Under Tom’s management, Plateau TRIBUTE TO TOM M. PHELPS putting an enormous strain on the continually contributed to the commu- local economy. In 2006, Idea Village ∑ Mr. UDALL. Mr. President, I wish to nities it served. Plateau collected congratulate Tom M. Phelps on his re- launched IDEAcorps in partnership school supplies for local school chil- with local universities, including tirement as chief executive officer, dren, provided economic development CEO, of Plateau Telecommunications, Tulane University, to help New Orleans grants for new businesses, and annu- businesses rebuild and reopen their New Mexico’s oldest telecommuni- ally gave over $70,000 in scholarships to cations company. Tom leaves Plateau doors. Following the success of area high school students. IDEAcorps, Idea Village since has after a distinguished career of more Tom has been active in many local, launched over 25 initiatives to provide than 20 years in my home State of New State, and national activities. He re- strategic guidance and resources to ac- Mexico and more than 50 years in the ceived the New Mexico Distinguished cess capital to local businessowners, telecommunications industry. Public Service Award in 2014, which including IDEApitch, IDEAinstitute, Plateau began as Eastern New Mex- recognizes those who have made ‘‘un- among others. One of its most success- ico Rural Telephone Cooperative in usual contributions to the public serv- 1949 when a group of civic leaders, ice and to the improvement of govern- ful ventures is the annual New Orleans farmers, and ranchers responded to the ment at all levels by both government Entrepreneur Week, NOEW, a festival need of rural New Mexico for afford- employees and private citizens.’’ His celebrating innovation, entrepreneur- able, reliable telephone service. The service as a member of the Clovis Com- ship, and new thinking and which next year, the cooperative received its mittee of 50, Cannon Air Force Base awards thousands of dollars to several first Federal loan of $581.00 to con- support groups, and the Plains Re- entrepreneurs through various pitch struct and operate telephone lines and gional Medical Center Board, as well as competitions and challenges. Each facilities in Curry, De Baca, Quay, Roo- his continued support for the Clovis/ year NOEW engages thousands of en- sevelt, and contiguous counties. Curry County Chamber of Commerce trepreneurs, investors, professionals, Tom joined Plateau in 1995 as assist- and United Way of Eastern New Mexico students, and community members to ant general manager. However, it was contributed to his selection. showcase regional startup ventures in not long before he took the helm in Tom’s dedication, leadership, and industries important to New Orleans, 1997 as general manager. The title business acumen—and personal com- including technology, water, edu- changed to CEO in 2001. mitment to Plateau employees and his cation, energy, healthcare, and food. During his 21 years of leadership at community—have made a difference in Going into its 10th year, NOEW has be- Plateau, he has improved the quality of the lives of many people across our come an important part of New Orle- life for those in our rural communities State. ans’ festival season. through deployment of modern tele- We wish him continued success and Since its inception, Idea Village has communication services, community that he and his wife Candyce enjoy re- provided direct support to more than economic development partnerships, tirement.∑ 5,794 entrepreneurs and invested $25 and participation in many local philan- f million in New Orleans businesses. Cur- thropic projects, community events, rently, entrepreneurial activity in New and educational enterprises. RECOGNIZING IDEA VILLAGE Orleans is 64 percent higher than the Tom oversaw the company as it grew ∑ Mr. VITTER. Mr. President, the city national average, and much of that and changed—when it first offered high of New Orleans has served as an eco- success can be attributed to the efforts

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.062 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6919 of Idea Village. I would like to recog- comes together to honor and com- PRESIDENTIAL MESSAGE nize the entire team at Idea Village memorate the service and sacrifices of and look forward to their continued our veterans. The week of October 31 leadership and success in supporting through November 4, 2016, is officially New Orleans entrepreneurs and our National Veterans Small Business SOCIAL SECURITY TOTALIZATION economy.∑ Week. When our brave men and women AGREEMENT WITH BRAZIL, TI- TLED ‘‘AGREEMENT ON SOCIAL f in uniform return to civilian life, some SECURITY BETWEEN THE RECOGNIZING KREWE DU OPTIC turn to entrepreneurship. In fact, there UNITED STATES OF AMERICA ∑ Mr. VITTER. Mr. President, whether are more than 2,500,000 veteran-owned AND THE FEDERATIVE REPUB- it is our food, architecture, or drawl, small businesses, employing nearly LIC OF BRAZIL,’’ AND A RE- New Orleans is undoubtedly home to 6,000,000 individuals, in the United LATED AGREEMENT TITLED one of the more unique cultures across States. This week, I would like to rec- ‘‘ADMINISTRATIVE ARRANGE- America. However, while we are not ognize the veteran-owned Ruston Ani- MENT BETWEEN THE COM- necessarily known for our contribu- mal Clinic as Small Business of the PETENT AUTHORITIES OF THE tions to the fashion industry, one Week. UNITED STATES OF AMERICA young entrepreneur is changing that AND THE FEDERATIVE REPUB- with his popular Crescent City-inspired The Ruston Animal Clinic first LIC OF BRAZIL FOR THE IMPLE- eyewear line Krewe du Optic. I would opened its doors in 1970 to provide pre- MENTATION OF THE AGREEMENT like to recognize Stirling Barrett’s ventative medicine, dental care, ortho- ON SOCIAL SECURITY’’—PM 58 Krewe du Optic as Small Business of pedic surgery, bathing, and boarding the Week. Barrett’s artistic designs for animals in north Louisiana and The PRESIDING OFFICER laid be- have earned him not only tremendous over the decades has become an inte- fore the Senate the following message success in the last 3 years, but they gral part of the local community. from the President of the United have also caught the attention of the States, together with an accompanying national fashion industry, helping to Following a 4-year stint in the U.S. report; which was referred to the Com- develop New Orleans’ role and reputa- Marine Corps, Marion Sewell moved to mittee on Finance: tion in national and international fash- Louisiana to earn an undergraduate de- To the Congress of the United States: ion. gree from Louisiana Tech University New Orleans native Stirling Barrett and a doctorate in veterinary medicine Pursuant to section 233(e)(1) of the is an artist, designer, and entrepreneur from Louisiana State University’s Social Security Act, as amended by the who launched Krewe du Optic in 2013. Social Security Amendments of 1977 School of Veterinary Medicine. In 2007, The unique eyewear line combined (Public Law 95–216, 42 U.S.C. 433(e)(1)), Barrett’s love of art, fashion, and the Dr. Sewell moved to Ruston, began I transmit herewith a social security Crescent City and has been embraced working at the Ruston Animal Clinic, totalization agreement with Brazil, ti- by the fashion industry across the and 2 years later took ownership of the tled ‘‘Agreement on Social Security be- United States and around the world. small business. In the dual role of tween the United States of America Two years after his initial investment small business owner and veterinarian, and the Federative Republic of Brazil,’’ into the New Orleans-inspired eyewear Dr. Sewell has taken a leadership role and a related agreement titled ‘‘Ad- concept, Barrett cemented his commit- in the Louisiana Veterinary Medical ministrative Arrangement between the ment to the industry and his home- Association and currently serves as Competent Authorities of the United town by opening a flagship brick and president-elect. States of America and the Federative mortar store on the 10th anniversary of Republic of Brazil for the Implementa- Hurricane Katrina’s historic landfall. Worthy of recognition is Dr. Sewell’s tion of the Agreement on Social Secu- Despite the geographical challenges of work during the deadly, historic Au- rity’’ (collectively the ‘‘Agreements’’). running a designer line from New Orle- gust flooding disaster in south Lou- The Agreements were signed in Wash- ans, Barrett has been quoted as saying, isiana. In the wake of one of the Na- ington, D.C., on June 30, 2015. ‘‘Krewe is about doing something from tion’s worst natural disasters over the The Agreements are similar in objec- somewhere no one expected.’’ This phi- last decade, Dr. Sewell traveled across losophy rings true since New Orleans, tive to the social security agreements the State to lend her time and talents which certainly serves as a hub for en- already in force with most European trepreneurship, has not been histori- to assist in animal evacuation and res- Union countries, Australia, Canada, cally associated with the fashion indus- cue efforts. Chile, Japan, Norway, the Republic of try. Earlier this year, Krewe expanded Today Ruston Animal Clinic has es- Korea, and Switzerland. Such bilateral agreements provide for limited coordi- its operation by opening a second store tablished a strong social media pres- nation between the United States and in Savannah, GA. ence in order to update north Lou- Most recently, the growth of the foreign social security systems to isiana pet owners and animal lovers Krewe brand has reached historic pro- eliminate dual social security coverage portions, becoming the first New Orle- with pet adoption notices, missing ani- and taxation and to help prevent the ans-based top-10 finalist for the pres- mal alerts, and helpful information on lost benefit protection that can occur tigious Council of Fashion Designers of proper pet care. when workers divide their careers be- America/Vogue Fashion Fund. Krewe Congratulations to Dr. Sewell and tween two countries. received the runner-up award for tech- the entire team at Ruston Animal Clin- The Agreements contain all provi- nological creation of sunglasses that ic for being selected as Small Business sions mandated by section 233 of the double as a camera and are able to cap- of the Week. I look forward to your Social Security Act and other provi- ture memories in a natural way. continued success.∑ sions that I deem appropriate to carry For their unique creativity and com- out the purposes of section 233, pursu- mitment to community, Stirling Bar- f ant to section 233(c)(4) of the Social Se- rett and the entire team at Krewe du curity Act. Optic have made New Orleans proud. Congratulations for being named Small MESSAGE FROM THE PRESIDENT I also transmit for the information of Business of the Week, and I wish you the Congress a report required by sec- continued growth and success.∑ A message from the President of the tion 233(e)(1) of the Social Security Act on the estimated number of individuals f United States was communicated to the Senate by Mr. Pate, one of his sec- who will be affected by the Agreements RECOGNIZING RUSTON ANIMAL retaries. and the Agreements’ estimated cost ef- CLINIC fect. The Department of State and the ∑ Mr. VITTER. Mr. President, during Social Security Administration have the month of November, our Nation recommended the Agreements to me.

VerDate Sep 11 2014 02:31 Mar 21, 2017 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\RECORD16\DEC2016\S08DE6.REC S08DE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6920 CONGRESSIONAL RECORD — SENATE December 8, 2016 I commend the Agreement on Social source study of Chicano Park, located in San 1994, to reauthorize the Missing Alzheimer’s Security between the United States of Diego, California, and for other purposes. Disease Patient Alert Program, and to pro- America and the Federative Republic H.R. 4298. An act to direct the Secretary of mote initiatives that will reduce the risk of the Army to place in Arlington National of Brazil and the Administrative Ar- injury and death relating to the wandering Cemetery a memorial honoring the heli- characteristics of some children with au- rangement between the Competent Au- copter pilots and crew members of the Viet- tism. thorities of the United States of Amer- nam era, and for other purposes. The message also announced that the ica and the Federative Republic of H.R. 5099. An act to establish a pilot pro- House agreed to the amendment of the Brazil for the Implementation of the gram on partnership agreements to con- Senate to the bill (H.R. 2028) making Agreement on Social Security. struct new facilities for the Department of appropriations for energy and water de- BARACK OBAMA. Veterans Affairs. H.R. 5143. An act to provide greater trans- velopment and related agencies for the THE WHITE HOUSE, December 8, 2016. parency and congressional oversight of inter- fiscal year ending September 30, 2016, f national insurance standards setting proc- and for other purposes, with amend- esses, and for other purposes. ment, in which it requests the concur- MESSAGES FROM THE HOUSE H.R. 6076. An act to require the Adminis- rence of the Senate. ENROLLED BILLS SIGNED trator of the National Aeronautics and Space Administration to establish a program for The message further announced that At 11:05 a.m., a message from the the House has passed the following bill, House of Representatives, delivered by the medical monitoring, diagnosis, and treatment of astronauts, and for other pur- with amendment, in which it requests Mrs. Cole, one of its reading clerics, an- poses. the concurrence of the Senate: nounced that the Speaker has signed H.R. 6130. An act to provide the victims of S. 612. An act to designate the Federal the following enrolled bills: Holocaust-era persecution and their heirs a building and United States courthouse lo- S. 817. An act to provide for the addition of fair opportunity to recover works of art con- cated at 1300 Victoria Street in Laredo, certain real property to the reservation of fiscated or misappropriated by the Nazis. Texas, as the ‘‘George P. Kazen Federal the Siletz Tribe in the State of Oregon. H.R. 6400. An act to revise the boundaries Building and United States Courthouse’’. S. 818. An act to amend the Grande Ronde of certain John H. Chafee Costal Barrier Re- Reservation Act to make technical correc- sources System units in New Jersey. At 5:20 p.m., a message from the tions, and for other purposes. H.R. 6431. An act to ensure United States House of Representatives, delivered by jurisdiction over offenses committed by S. 2873. An act to require studies and re- Mrs. Cole, one of its reading clerks, an- ports examining the use of, and opportuni- United States personnel stationed in Canada in furtherance of border security initiatives. nounced that the House has passed the ties to use, technology-enabled collaborative following bills, in which it requests the learning and capacity building models to im- H.R. 6435. An act to authorize the Directors prove programs of the Department of Health of Veterans Integrated Service Networks of concurrence of the Senate: and Human Services, and for other purposes. the Department of Veterans Affairs to enter H.R. 6450. An act to amend the Inspector S. 3076. An act to amend title 38, United into contracts with appropriate civilian ac- General Act of 1978 to strengthen the inde- States Code, to authorize the Secretary of creditation entities or appropriate health pendence of the Inspectors General, and for Veterans Affairs to furnish caskets and urns care evaluation entities to investigate med- other purposes. for burial in cemeteries of States and tribal ical centers of the Department of Veterans H.R. 6451. An act to improve the Govern- organizations of veterans without next of Affairs. ment-wide management of Federal property. kin or sufficient resources to provide for cas- The message further announced that H.R. 6452. An act to implement the Conven- kets or urns, and for other purposes. the House has agreed to the following tion on the Conservation and Management of S. 3492. An act to designate the Traverse concurrent resolution, in which it re- High Seas Fisheries Resources in the North Pacific Ocean, to implement the Convention City VA Community-Based Outpatient Clinic quests the concurrence of the Senate: of the Department of Veterans Affairs in on the Conservation and Management of H. Con. Res. 181. Concurrent resolution di- Traverse City, Michigan, as the ‘‘Colonel High Seas Fishery Resources in the South recting the Secretary of the Senate to make Demas T. Craw VA Clinic’’. Pacific Ocean, and for other purposes. a certain correction in the enrollment of S. H.R. 6477. An act to amend chapter 97 of The enrolled bills were subsequently 1635. title 28, United States Code, to clarify the signed by the President pro tempore The message also announced that the exception to foreign sovereign immunity set (Mr. HATCH). House has passed the following bills, forth in section 1605(a)(3) of such title. with amendment, in which it requests H.R. 6480. An act to authorize appropria- At 11:46 a.m., a message from the tions for fiscal year 2017 for intelligence and the concurrence of the Senate: House of Representatives, delivered by intelligence-related activities of the United S. 2854. An act to reauthorize the Emmett States Government, the Intelligence Com- Mrs. Cole, one of its reading clerks, an- Till Unsolved Civil Rights Crime Act of 2007. nounced that the House has passed the munity Management Account, and the Cen- S. 2971. An act to authorize the National tral Intelligence Agency Retirement and Dis- following bills, without amendment: Urban Search and Rescue Response System. ability System, and for other purposes. S. 1632. An act to require a regional strat- ENROLLED BILL SIGNED The message also announced that the egy to address the threat posed by Boko At 12:28 p.m., a message from the Haram. House has agreed to following concur- House of Representatives, delivered by rent resolution, in which it requests S. 3028. An act to redesignate the Olympic Mrs. Cole, one of its reading clerks, an- Wilderness as the Daniel J. Evans Wilder- the concurrence of the Senate: ness. nounced that the Speaker has signed H. Con. Res. 183. Concurrent resolution di- S. 3183. An act to prohibit the circumven- the following enrolled bill: recting the Secretary of the Senate to make tion of control measures used by Internet H.R. 34. An act to accelerate the discovery, a correction in the enrollment of the bill S. ticket sellers to ensure equitable consumer development, and delivery of 21st century 612. access to tickets for any given event, and for cures, and for other purposes. other purposes. The enrolled bill was subsequently At 6:00 p.m., a message from the The message also announced that the signed by the President pro tempore House of Representatives, delivered by House has passed the following bills, in (Mr. HATCH). Mr. Novotny, one of its reading clerks, which it requests the concurrence of announced that pursuant to section the Senate: At 3:04 p.m., a message from the 201(b) of the International Religious H.R. 329. An act to amend the Indian Em- House of Representatives, delivered by Freedom Act of 1998 (22 U.S.C. 6431) and ployment, Training and Related Services Mr. Novotny, one of its reading clerks, the order of the House of January 6, Demonstration Act of 1992 to facilitate the announced that the House has passed 2015, the Speaker appoints the fol- ability of Indian tribes to integrate the em- the following bill, without amendment: lowing individual on the part of the ployment, training, and related services S. 2974. An act to ensure funding for the House of Representatives to the Com- from diverse Federal sources, and for other National Human Trafficking Hotline, and for mission on International Religious purposes. other purposes. Freedom for a term ending May 14, H.R. 1219. An act to authorize the Sec- The message further announced that 2018: Dr. Tenzin Dorjee of Fullerton, retary of the Interior to convey certain land and appurtenances of the Arbuckle Project, the House has passed the following bill, California, to succeed Ms. Hannah Oklahoma, to the Arbuckle Master Conser- in which it requests the concurrence of Rosenthal. vancy District, and for other purposes. the Senate: The message also announced that H.R. 3711. An act to authorize the Sec- H.R. 4919. An act to amend the Violent pursuant to section 4 of the Virgin Is- retary of the Interior to conduct a special re- Crime Control and Law Enforcement Act of lands of the United States Centennial

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.013 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6921 Commission Act (Public Law 114–224), Environmental Protection Agency, transmit- Attainment Date for the 2008 Ozone National and the order of the House of January ting, pursuant to law, the report of a rule en- Ambient Air Quality Standards; Pennsyl- 5, 2011, the Minority Leader appoints titled ‘‘Quizalofop ethyl; Pesticide Toler- vania; Pittsburgh-Beaver Valley’’ (FRL No. the following individual to the Virgin ance’’ (FRL No. 9950–89) received in the Of- 9955–91–Region 3) received in the Office of the fice of the President of the Senate on Decem- President of the Senate on December 1, 2016; Islands of the United States Centennial ber 1, 2016; to the Committee on Agriculture, to the Committee on Environment and Pub- Commission: Ms. Stacey Plaskett of Nutrition, and Forestry. lic Works. the United States Virgin Islands. EC–7833. A communication from the Direc- EC–7842. A communication from the Direc- The message further announced that tor of the Regulatory Management Division, tor of the Regulatory Management Division, pursuant to 20 U.S.C. 1011c, and the Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- order of the House of January 6, 2015, ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- and upon the recommendation of the titled ‘‘Oxathiapiprolin; Pesticide Toler- titled ‘‘Air Quality Plans; Kentucky; Infra- ance’’ (FRL No. 9954–69) received in the Of- structure Requirements for the 2010 Sulfur Majority Leader, the Speaker appoints fice of the President of the Senate on Decem- Dioxide National Ambient Air Quality the following individual on the part of ber 1, 2016; to the Committee on Agriculture, Standard’’ (FRL No. 9955–96–Region 4) re- the House of Representatives to the Nutrition, and Forestry. ceived in the Office of the President of the National Advisory Committee on Insti- EC–7834. A communication from the Direc- Senate on December 1, 2016; to the Com- tutional Quality and Integrity to fill tor of the Regulatory Management Division, mittee on Environment and Public Works. the existing vacancy thereon: Mr. Environmental Protection Agency, transmit- EC–7843. A communication from the Direc- Brian Jones of Washington, DC. ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, titled ‘‘Muscodor albus strain SA–13 and the Environmental Protection Agency, transmit- f volatiles produced on rehydration; Exemp- ting, pursuant to law, the report of a rule en- tion from the Requirement of a Tolerance’’ titled ‘‘Air Plan Approval; Kentucky; Revi- MEASURES PLACED ON THE (FRL No. 9952–88) received in the Office of sions to Louisville Definitions and Ambient CALENDAR the President of the Senate on December 1, Air Quality Standards’’ (FRL No. 9955–90–Re- The following bill was read the sec- 2016; to the Committee on Agriculture, Nu- gion 4) received in the Office of the President ond time, and placed on the calendar: trition, and Forestry. of the Senate on December 1, 2016; to the EC–7835. A communication from the Direc- Committee on Environment and Public S. 3516. A bill to authorize the Secretary of tor of the Regulatory Management Division, Works. Veterans Affairs to conduct a best-practices Environmental Protection Agency, transmit- EC–7844. A communication from the Chief peer review of each medical center of the De- ting, pursuant to law, the report of a rule en- of the Publications and Regulations Branch, partment of Veterans Affairs to evaluate the titled ‘‘Bicyclopyrone; Pesticide Tolerances’’ Internal Revenue Service, Department of the efficacy of health care delivered at each such (FRL No. 9954–63) received in the Office of Treasury, transmitting, pursuant to law, the medical center. the President of the Senate on December 1, report of a rule entitled ‘‘Application of Sec- f 2016; to the Committee on Agriculture, Nu- tion 108(a)(1)(E)(ii) to the Federal Housing trition, and Forestry. Finance Agency’s (FHFA’s) Principal Reduc- ENROLLED BILLS PRESENTED EC–7836. A communication from the Dep- tion Modification Program (PRMP) and the The Secretary of the Senate reported uty Secretary, Commodity Futures Trading Home Affordable Modification Program Commission, transmitting, pursuant to law, that on today, December 8, 2016, she (HAMP)’’ (Notice 2016–72) received during ad- the report of a rule entitled ‘‘Commodity journment of the Senate in the Office of the had presented to the President of the Pool Operator Financial Reports’’ (RIN3038– President of the Senate on December 2, 2016; United States the following enrolled AE47) received in the Office of the President to the Committee on Finance. bills: of the Senate on December 1, 2016; to the EC–7845. A communication from the Chief S. 817. An act to provide for the addition of Committee on Agriculture, Nutrition, and of the Publications and Regulations Branch, certain real property to the reservation of Forestry. Internal Revenue Service, Department of the the Siletz Tribe in the State of Oregon. EC–7837. A communication from the Hon- Treasury, transmitting, pursuant to law, the S. 818. An act to amend the Grand Ronde ors Attorney, Legal Division, Bureau of Con- report of a rule entitled ‘‘Applicable Federal Reservation Act to make technical correc- sumer Financial Protection, transmitting, Rates—December 2016’’ (Rev. Rul. 2016–27) re- tions, and for other purposes. pursuant to law, the report of a rule entitled ceived during adjournment of the Senate in S. 2873. An act to require studies and re- ‘‘Truth in Lending (Regulation Z)’’ (RIN3170– the Office of the President of the Senate on ports examining the use of, and opportuni- AA67) received in the Office of the President December 2, 2016; to the Committee on Fi- ties to use, technology-enabled collaborative of the Senate on December 1, 2016; to the nance. learning and capacity building models to im- Committee on Banking, Housing, and Urban EC–7846. A communication from the Chief prove programs of the Department of Health Affairs. of the Publications and Regulations Branch, and Human Services, and for other purposes. EC–7838. A communication from the Hon- Internal Revenue Service, Department of the S. 3076. An act to amend title 38, United ors Attorney, Legal Division, Bureau of Con- Treasury, transmitting, pursuant to law, the States Code, to authorize the Secretary of sumer Financial Protection, transmitting, report of a rule entitled ‘‘SB/SE Fast Track Veterans Affairs to furnish caskets and urns pursuant to law, the report of a rule entitled Mediation—Collection’’ (Rev. Proc. 2016–57) for burial in cemeteries of States and tribal ‘‘Consumer Leasing (Regulation M)’’ received during adjournment of the Senate organizations of veterans without next of (RIN3170–AA66) received in the Office of the in the Office of the President of the Senate kin or sufficient resources to provide for cas- President of the Senate on December 1, 2016; on December 2, 2016; to the Committee on Fi- kets or urns, and for other purposes. to the Committee on Banking, Housing, and nance. S. 3492. An act to designate the Traverse Urban Affairs. EC–7847. A communication from the Chief City VA Community-Based Outpatient Clinic EC–7839. A communication from the Hon- of the Publications and Regulations Branch, of the Department of Veterans Affairs in ors Attorney, Legal Division, Bureau of Con- Internal Revenue Service, Department of the Traverse City, Michigan, as the ‘‘Colonel sumer Financial Protection, transmitting, Treasury, transmitting, pursuant to law, the Demas T. Craw VA Clinic’’. pursuant to law, the report of a rule entitled report of a rule entitled ‘‘Treatment of ‘‘Appraisals for Higher-Priced Mortgage Amounts Paid to Section 170(c) Organiza- f Loans Exemption Threshold’’ (RIN3170–AA68) tions Under Employer Leave-Based Donation received in the Office of the President of the Program’’ (Notice 2016–69) received during EXECUTIVE AND OTHER Senate on December 1, 2016; to the Com- adjournment of the Senate in the Office of COMMUNICATIONS mittee on Banking, Housing, and Urban Af- the President of the Senate on December 2, The following communications were fairs. 2016; to the Committee on Finance. laid before the Senate, together with EC–7840. A communication from the Direc- EC–7848. A communication from the Direc- tor of the Regulatory Management Division, accompanying papers, reports, and doc- tor, Civil Rights Center, Department of Environmental Protection Agency, transmit- Labor, transmitting, pursuant to law, the re- uments, and were referred as indicated: ting, pursuant to law, the report of a rule en- port of a rule entitled ‘‘Implementation of EC–7831. A communication from the Direc- titled ‘‘Renewable Fuel Standard Program: the Nondiscrimination and Equal Oppor- tor of the Regulatory Management Division, Standards for 2017 and Biomass-Based Diesel tunity Provisions of the Workforce Innova- Environmental Protection Agency, transmit- Volume for 2018’’ (FRL No. 9955–84–OAR) re- tion and Opportunity Act’’ (RIN1291–AA36) ting, pursuant to law, the report of a rule en- ceived in the Office of the President of the received during adjournment of the Senate titled ‘‘Tau-Fluvalinate; Pesticide Toler- Senate on December 1, 2016; to the Com- in the office of the President of the Senate ance’’ (FRL No. 9954–33) received in the Of- mittee on Environment and Public Works. on December 2, 2016; to the Committee on fice of the President of the Senate on Decem- EC–7841. A communication from the Direc- Health, Education, Labor, and Pensions. ber 1, 2016; to the Committee on Agriculture, tor of the Regulatory Management Division, EC–7849. A communication from the Direc- Nutrition, and Forestry. Environmental Protection Agency, transmit- tor of Regulations and Policy Management EC–7832. A communication from the Direc- ting, pursuant to law, the report of a rule en- Staff, Food and Drug Administration, De- tor of the Regulatory Management Division, titled ‘‘Determination of Attainment by the partment of Health and Human Services,

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.015 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6922 CONGRESSIONAL RECORD — SENATE December 8, 2016 transmitting, pursuant to law, the report of transmitting, pursuant to law, the Commis- EC–7868. A communication from the Attor- a rule entitled ‘‘Submission of Food and sion’s twelfth annual report on ethanol mar- ney-Advisor, U.S. Coast Guard, Department Drug Administration Import Data in the ket concentration; to the Committee on of Homeland Security, transmitting, pursu- Automated Commercial Environment’’ Commerce, Science, and Transportation. ant to law, the report of a rule entitled ‘‘Spe- ((RIN0910–AH41) (Docket No. FDA–2016–N– EC–7860. A communication from the Sec- cial Local Regulation; Ouachita River, Mon- 1487)) received in the Office of the President retary of the Commission, Bureau of Con- roe, LA’’ ((RIN1625–AA00) (Docket No. USCG– of the Senate on December 2, 2016; to the sumer Protection, Federal Trade Commis- 2016–0666)) received during adjournment of Committee on Health, Education, Labor, and sion, transmitting, pursuant to law, the re- the Senate in the Office of the President of Pensions. port of a rule entitled ‘‘Used Motor Vehicle the Senate on December 2, 2016; to the Com- EC–7850. A communication from the Direc- Trade Regulation Rule’’ (RIN3084–AB05) re- mittee on Commerce, Science, and Transpor- tor of Regulations and Policy Management ceived in the Office of the President of the tation. Staff, Food and Drug Administration, De- Senate on December 1, 2016; to the Com- EC–7869. A communication from the Attor- partment of Health and Human Services, mittee on Commerce, Science, and Transpor- ney-Advisor, U.S. Coast Guard, Department transmitting, pursuant to law, the report of tation. of Homeland Security, transmitting, pursu- a rule entitled ‘‘Food Additives Permitted in EC–7861. A communication from the Sec- ant to law, the report of a rule entitled ‘‘Spe- Feed and Drinking Water of Animals; retary of the Commission, Bureau of Con- cial Local Regulation; Saint Andrew Bay; Guanidinoacteic Acid’’ (Docket No. FDA– sumer Protection, Federal Trade Commis- Panama City, FL’’ ((RIN1625–AA00) (Docket 2015–F–2337) received during adjournment of sion, transmitting, pursuant to law, the re- No. USCG–2016–0932)) received during ad- the Senate in the Office of the President of port of a rule entitled ‘‘Energy Labeling journment of the Senate in the Office of the the Senate on December 2, 2016; to the Com- Rule’’ (RIN3084–AB15) received in the Office President of the Senate on December 2, 2016; mittee on Health, Education, Labor, and of the President of the Senate on December to the Committee on Commerce, Science, 1, 2016; to the Committee on Commerce, Pensions. and Transportation. Science, and Transportation. EC–7851. A communication from the Direc- EC–7870. A communication from the Attor- EC–7862. A communication from the Attor- tor of Regulations and Policy Management ney-Advisor, U.S. Coast Guard, Department Staff, Food and Drug Administration, De- ney-Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- partment of Health and Human Services, ant to law, the report of a rule entitled ‘‘An- transmitting, pursuant to law, the report of ant to law, the report of a rule entitled ‘‘Safety Zone; Arkansas River, Little Rock, chorage Grounds; Delaware Bay and River, a rule entitled ‘‘New Animal Drugs for Use in AR’’ ((RIN1625–AA00) (Docket No. USCG– Philadelphia, PA’’ ((RIN1625–AA00) (Docket Animal Feed; Category Definitions; Con- 2016–0992)) received during adjournment of No. USCG–2016–0110)) received during ad- firmation of Effective Date’’ (Docket No. the Senate in the Office of the President of journment of the Senate in the Office of the FDA–2016–N–1896) received during adjourn- the Senate on December 2, 2016; to the Com- President of the Senate on December 2, 2016; ment of the Senate in the Office of the Presi- mittee on Commerce, Science, and Transpor- to the Committee on Commerce, Science, dent of the Senate on December 2, 2016; to tation. and Transportation. the Committee on Health, Education, Labor, EC–7863. A communication from the Attor- EC–7871. A communication from the Attor- and Pensions. ney-Advisor, U.S. Coast Guard, Department ney-Advisor, U.S. Coast Guard, Department EC–7852. A communication from the Treas- of Homeland Security, transmitting, pursu- of Homeland Security, transmitting, pursu- urer, National Gallery of Art, transmitting, ant to law, the report of a rule entitled ant to law, the report of a rule entitled ‘‘Se- pursuant to law, the Gallery’s Performance ‘‘Safety Zone; Great Egg Harbor Bay, curity Zone; Potomac River and Anacostia and Accountability Report for the year Marmora , NJ’’ ((RIN1625–AA00) (Docket No. River, and adjacent waters; Washington, DC’’ ended September 30, 2016; to the Committee USCG–2016–1011)) received during adjourn- ((RIN1625–AA00) (Docket No. USCG–2016– on Homeland Security and Governmental Af- ment of the Senate in the Office of the Presi- 0675)) received during adjournment of the fairs. dent of the Senate on December 2, 2016; to Senate in the Office of the President of the EC–7853. A communication from the Sec- the Committee on Commerce, Science, and Senate on December 2, 2016; to the Com- retary of Agriculture, transmitting, pursu- Transportation. mittee on Commerce, Science, and Transpor- ant to law, the Semiannual Report of the In- EC–7864. A communication from the Attor- tation. spector General for the period from April 1, ney-Advisor, U.S. Coast Guard, Department f 2016 through September 30, 2016; to the Com- of Homeland Security, transmitting, pursu- mittee on Homeland Security and Govern- ant to law, the report of a rule entitled REPORTS OF COMMITTEES mental Affairs. ‘‘Safety Zone; Illinois River mile 69.3 to 69.8; EC–7854. A communication from the Treas- Meredosia, IL’’ ((RIN1625–AA00) (Docket No. The following reports of committees urer, National Gallery of Art, transmitting, USCG–2016–0678)) received during adjourn- were submitted: pursuant to law, the Gallery’s Performance ment of the Senate in the Office of the Presi- By Mr. JOHNSON, from the Committee on and Accountability Report for the year dent of the Senate on December 2, 2016; to Homeland Security and Governmental Af- ended September 30, 2016; to the Committee the Committee on Commerce, Science, and fairs, with an amendment in the nature of a on Homeland Security and Governmental Af- Transportation. substitute: fairs. EC–7865. A communication from the Attor- S. 2852. A bill to expand the Government’s EC–7855. A communication from the Direc- ney-Advisor, U.S. Coast Guard, Department use and administration of data to facilitate tor, Congressional Affairs, Federal Election of Homeland Security, transmitting, pursu- transparency, effective governance, and in- Commission, transmitting, pursuant to law, ant to law, the report of a rule entitled novation, and for other purposes (Rept. No. the Commission’s Agency Financial Report ‘‘Safety Zones; San Francisco, CA’’ 114–396). for fiscal year 2016; to the Committee on ((RIN1625–AA00) (Docket No. USCG–2016– Homeland Security and Governmental Af- 0154)) received during adjournment of the f fairs. Senate in the Office of the President of the INTRODUCTION OF BILLS AND EC–7856. A communication from the Direc- Senate on December 2, 2016; to the Com- JOINT RESOLUTIONS tor, Congressional Affairs, Federal Election mittee on Commerce, Science, and Transpor- Commission, transmitting, pursuant to law, tation. The following bills and joint resolu- the Commission’s Agency Financial Report EC–7866. A communication from the Attor- tions were introduced, read the first for fiscal year 2016; to the Committee on ney-Advisor, U.S. Coast Guard, Department and second times by unanimous con- Homeland Security and Governmental Af- of Homeland Security, transmitting, pursu- sent, and referred as indicated: fairs. ant to law, the report of a rule entitled EC–7857. A communication from the Assist- ‘‘Safety Zone; Tennessee River, Knoxville, By Mr. MENENDEZ (for himself and ant Attorney General, Office of Legislative TN, MM TNR 646.9–647.1’’ ((RIN1625–AA00) Mr. RUBIO): Affairs, Department of Justice, transmit- (Docket No. USCG–2016–0845)) received dur- S. 3520. A bill to amend the Trafficking ting, pursuant to law, the Office of Commu- ing adjournment of the Senate in the Office Victims Protection Act of 2000 to clarify re- nity Oriented Policing Services Report on of the President of the Senate on December port dates, modify the criteria for deter- the Rafael Ramos and Wenjian Liu National 2, 2016; to the Committee on Commerce, minations of whether countries are meeting Blue Alert Act; to the Committee on the Ju- Science, and Transportation. the minimum standards for elimination of diciary. EC–7867. A communication from the Attor- trafficking, and highlight the importance of EC–7858. A communication from the Assist- ney-Advisor, U.S. Coast Guard, Department concrete actions by countries to eliminate ant Attorney General, Office of Legislative of Homeland Security, transmitting, pursu- trafficking, and for other purposes; to the Affairs, Department of Justice, transmit- ant to law, the report of a rule entitled ‘‘Spe- Committee on Foreign Relations. ting, pursuant to law, the Office of Commu- cial Local Regulation; Arkansas River; Lit- By Mr. CASEY (for himself, Mr. HATCH, nity Oriented Policing Services Report on tle Rock, AR’’ ((RIN1625–AA00) (Docket No. and Mr. CASSIDY): the Rafael Ramos and Wenjian Liu National USCG–2016–0887)) received during adjourn- S. 3521. A bill to amend the Higher Edu- Blue Alert Act; to the Committee on the Ju- ment of the Senate in the Office of the Presi- cation Act of 1965 to provide students with diciary. dent of the Senate on December 2, 2016; to disabilities and their families with access to EC–7859. A communication from the Sec- the Committee on Commerce, Science, and critical information needed to select the retary of the Federal Trade Commission, Transportation. right college and succeed once enrolled; to

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.019 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6923 the Committee on Health, Education, Labor, purpose of promoting economic revitaliza- Federal employees, and a flexible cred- and Pensions. tion, diversification, and development in it hour program to help balance the de- By Mr. WHITEHOUSE: economically distressed communities mands of work and family, and for S. 3522. A bill to amend title XVIII of the through the reclamation and restoration of other purposes. Social Security Act to modify the payment land and water resources adversely affected amount for direct graduate medical edu- by coal mining carried out before August 3, S. 1200 cation costs for certain hospitals; to the 1977, and for other purposes; to the Com- At the request of Mr. BLUMENTHAL, Committee on Finance. mittee on Energy and Natural Resources. the name of the Senator from Arizona By Mr. FRANKEN (for himself and Ms. By Mr. DAINES (for himself and Mr. (Mr. FLAKE) was added as a cosponsor MURKOWSKI): TESTER): of S. 1200, a bill to promote competi- S. 3523. A bill to amend the Indian Civil S. 3533. A bill to amend the Forest and tion and help consumers save money by Rights Act of 1968 to extend the jurisdiction Rangeland Renewable Resources Planning of tribal courts to cover crimes involving Act of 1974 and the Federal Land Policy and giving them the freedom to choose sexual violence, and for other purposes; to Management Act of 1976 to discourage litiga- where they buy prescription pet medi- the Committee on Indian Affairs. tion against the Forest Service and the Bu- cations, and for other purposes. By Mr. FLAKE (for himself and Mrs. reau of Land Management relating to land S. 1559 FEINSTEIN): management projects; to the Committee on At the request of Ms. AYOTTE, the S. 3524. A bill to amend Rule 611 of the Fed- Environment and Public Works. name of the Senator from Delaware eral Rules of Evidence to prohibit cross-ex- By Mrs. FISCHER: (Mr. CARPER) was added as a cosponsor amination by the accused of minor victims S. 3534. A bill to amend title 31, United of sexual assault; to the Committee on the States Code, to permit the Secretary of the of S. 1559, a bill to protect victims of Judiciary. Treasury to locate and recover certain assets domestic violence, sexual assault, By Mr. SCHATZ (for himself, Mr. of the United States Government; to the stalking, and dating violence from BROWN, Mr. MERKLEY, Ms. WARREN, Committee on Finance. emotional and psychological trauma Mr. FRANKEN, Mr. PETERS, Mr. By Mr. FLAKE: caused by acts of violence or threats of TESTER, and Mr. HEINRICH): S. 3535. A bill to amend title 38, United violence against their pets. S. 3525. A bill to enhance the security oper- States Code, to prohibit the Secretary of S. 1588 ations of the Transportation Security Ad- Veterans Affairs from employing any indi- ministration and the stability of the trans- vidual who has been convicted of a felony At the request of Mr. FRANKEN, the portation security workforce by applying a and medical personnel who have had their name of the Senator from Rhode Island unified personnel system under title 5, medical licenses or credentials revoked or (Mr. WHITEHOUSE) was added as a co- United States Code, to employees of the suspended, and for other purposes; to the sponsor of S. 1588, a bill to amend the Transportation Security Administration who Committee on Veterans’ Affairs. Public Health Service Act to revise and are responsible for screening passengers and By Mr. RUBIO (for himself and Mr. property, and for other purposes; to the Com- extend projects relating to children CASEY): and violence to provide access to mittee on Commerce, Science, and Transpor- S. 3536. A bill to impose sanctions on per- tation. sons that threaten the peace or stability of school-based comprehensive mental By Mr. COONS (for himself, Mr. WAR- Iraq or the Government of Iraq and to ad- health programs. NER, Mr. WHITEHOUSE, Mr. dress the emergency in Syria, and for other S. 1714 BLUMENTHAL, Mr. DURBIN, and Mrs. purposes; to the Committee on Banking, At the request of Mr. MANCHIN, the GILLIBRAND): Housing, and Urban Affairs. S. 3526. A bill to provide incentives for name of the Senator from Delaware States to invest in practices and technology f (Mr. COONS) was added as a cosponsor of S. 1714, a bill to amend the Surface that are designed to expedite voting at the ADDITIONAL COSPONSORS polls and to simplify voter registration; to Mining Control and Reclamation Act of the Committee on Rules and Administration. S. 386 1977 to transfer certain funds to the By Mr. WHITEHOUSE (for himself, Ms. At the request of Mr. THUNE, the Multiemployer Health Benefit Plan WARREN, Ms. BALDWIN, and Mrs. name of the Senator from Wisconsin and the 1974 United Mine Workers of BOXER): S. 3527. A bill to amend the Internal Rev- (Mr. JOHNSON) was added as a cosponsor America Pension Plan, and for other enue Code of 1986 to prevent high net worth of S. 386, a bill to limit the authority of purposes. individuals from receiving tax windfalls for States to tax certain income of em- S. 1866 entering government service; to the Com- ployees for employment duties per- At the request of Mr. HELLER, his mittee on Finance. formed in other States. name was added as a cosponsor of S. By Ms. HEITKAMP: S. 539 S. 3528. A bill to provide for mandatory 1866, a bill to establish the veterans’ training for Federal Government supervisors At the request of Mr. CARDIN, the business outreach center program, to and the assessment of management com- name of the Senator from New York improve the programs for veterans of petencies; to the Committee on Homeland (Mrs. GILLIBRAND) was added as a co- the Small Business Administration, Security and Governmental Affairs. sponsor of S. 539, a bill to amend title and for other purposes. By Mr. CARDIN: XVIII of the Social Security Act to re- S. 1911 S. 3529. A bill to amend the Internal Rev- peal the Medicare outpatient rehabili- At the request of Ms. COLLINS, the enue Code of 1986 to provide for a progressive tation therapy caps. consumption tax and to reform the income names of the Senator from New York tax, and for other purposes; to the Com- S. 627 (Mr. SCHUMER), the Senator from West mittee on Finance. At the request of Mr. HELLER, his Virginia (Mr. MANCHIN) and the Sen- By Mr. CASSIDY: name was added as a cosponsor of S. ator from Rhode Island (Mr. WHITE- S. 3530. A bill to allow the use of claims, 627, a bill to require the Secretary of HOUSE) were added as cosponsors of S. eligibility, and payment data to produce re- Veterans Affairs to revoke bonuses 1911, a bill to implement policies to end ports, analyses, and presentations to benefit paid to employees involved in elec- Medicare, and other similar health insurance preventable maternal, newborn, and programs, entities, researchers, and health tronic wait list manipulations, and for child deaths globally. care providers, to help develop cost saving other purposes. S. 2175 approaches, standards, and reference mate- S. 742 At the request of Mr. TESTER, the rials and to support medical care and im- At the request of Mr. HELLER, his name of the Senator from Oregon (Mr. proved payment models; to the Committee name was added as a cosponsor of S. MERKLEY) was added as a cosponsor of on Health, Education, Labor, and Pensions. 742, a bill to appropriately limit the au- S. 2175, a bill to amend title 38, United By Mr. RISCH: S. 3531. A bill to designate certain National thority to award bonuses to employees. States Code, to clarify the role of po- Forest System land in the State of Idaho as S. 803 diatrists in the Department of Vet- wilderness; to the Committee on Energy and At the request of Mr. HELLER, his erans Affairs, and for other purposes. Natural Resources. name was added as a cosponsor of S. S. 2725 By Mr. MANCHIN (for himself, Mr. 803, a bill to amend the Fair Labor At the request of Mr. HELLER, his BROWN, Mr. KAINE, Mr. CASEY, and Standards Act of 1938 to provide em- name was added as a cosponsor of S. Mr. WARNER): S. 3532. A bill to amend the Surface Mining ployees in the private sector with an 2725, a bill to impose sanctions with re- Control and Reclamation Act of 1977 to pro- opportunity for compensatory time off, spect to the ballistic missile program vide funds to States and Indian tribes for the similar to the opportunity offered to of Iran, and for other purposes.

VerDate Sep 11 2014 02:41 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\RECORD16\DEC2016\S08DE6.REC S08DE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S6924 CONGRESSIONAL RECORD — SENATE December 8, 2016 S. 2726 the public disclosure of Missing Armed five per cent of Federal workers actu- At the request of Mr. HELLER, his Forces Personnel records, and for other ally live and work outside of the D.C. name was added as a cosponsor of S. purposes. area. Federal workers live and work in 2726, a bill to hold Iran accountable for S. 3478 every town, city, and State. In many its state sponsorship of terrorism and At the request of Mr. RUBIO, the places, the Federal Government is the other threatening activities and for its names of the Senator from Hawaii (Mr. main employer—and those jobs are human rights abuses, and for other SCHATZ) and the Senator from Ohio vital to the local economy. The Fed- purposes. (Mr. BROWN) were added as cosponsors eral workforce represents the diversity S. 2957 of S. 3478, a bill to require continued of our country. At the request of Mr. NELSON, the and enhanced annual reporting to Con- Since 1960, the GDP has multiplied name of the Senator from Nevada (Mr. gress in the Annual Report on Inter- five times, new agencies have been REID) was added as a cosponsor of S. national Religious Freedom on anti-Se- added to the government, and the re- 2957, a bill to require the Secretary of mitic incidents in Europe, the safety sponsibilities of Federal workers have the Treasury to mint commemorative and security of European Jewish com- grown exponentially, and yet hiring coins in recognition of the 50th anni- munities, and the efforts of the United has stagnated. The civilian workforce, versary of the first manned landing on States to partner with European gov- not including Postal Service employ- the Moon. ernments, the European Union, and ees, is roughly the same size it was S. 2962 civil society groups, to combat anti- during the Kennedy administration, at At the request of Ms. CANTWELL, the Semitism, and for other purposes. around 2 million. name of the Senator from Hawaii (Mr. S. 3491 Pledges from short-sighted politi- SCHATZ) was added as a cosponsor of S. At the request of Mr. BROWN, the cians about privatizing government 2962, a bill to amend the Internal Rev- name of the Senator from Vermont services and programs like Medicare enue Code of 1986 to reform the low-in- (Mr. SANDERS) was added as a cospon- and Social Security would cause many come housing credit, and for other pur- sor of S. 3491, a bill to amend the Truth Federal jobs to vanish and impair ac- poses. in Lending Act and the Electronic cess to Federal services. This would S. 2989 Fund Transfer Act to provide justice to put real Americans out of work and At the request of Ms. MURKOWSKI, the victims of fraud. cause measurable economic hardship to name of the Senator from Hawaii (Ms. f local and State economies. HIRONO) was added as a cosponsor of S. In addition, the government is the 2989, a bill to award a Congressional STATEMENTS ON INTRODUCED number one employer of veterans, par- Gold Medal, collectively, to the United BILLS AND JOINT RESOLUTIONS ticularly disabled veterans who have States merchant mariners of World By Mr. SCHATZ (for himself, Mr. trouble finding jobs in the private sec- War II, in recognition of their dedi- BROWN, Mr. MERKLEY, Ms. WAR- tor. Freezing hiring or cutting the cated and vital service during World REN, Mr. FRANKEN, Mr. PETERS, workforce means fewer opportunities War II. Mr. TESTER, and Mr. HEINRICH): for America’s heroes. S. 3052 S. 3525. A bill to enhance the security That is why I want the next adminis- At the request of Mr. HELLER, his operations of the Transportation Secu- tration to understand the importance name was added as a cosponsor of S. rity Administration and the stability of Federal workers. Their jobs cannot 3052, a bill to amend title 38, United of the transportation security work- be outsourced, replaced by machines, States Code, to authorize the Secretary force by applying a unified personnel cut, or consolidated. I would urge the of Veterans Affairs to provide for an system under title 5, United States next administration to stop using our operation on a live donor for purposes Code, to employees of the Transpor- Federal workforce for purposes of par- of conducting a transplant procedure tation Security Administration who tisan rhetoric and political games. for a veteran, and for other purposes. are responsible for screening pas- I want to let Federal workers know sengers and property, and for other S. 3177 that I will continue to work in the Sen- purposes; to the Committee on Com- At the request of Mr. HELLER, the ate to fight efforts to undermine you name of the Senator from Louisiana merce, Science, and Transportation. and the work that you do. I will look Mr. SCHATZ. Mr. President, the leg- (Mr. CASSIDY) was added as a cosponsor for opportunities to improve the Fed- of S. 3177, a bill to amend the Internal islation I will introduce shortly focuses eral workplace and strengthen the Fed- Revenue Code of 1986 to provide for the on a small sector of the Federal work- eral workforce. So keep up the good tax-exempt financing of certain gov- force. But there is a broader message work across America. You can count ernment-owned buildings. that I would like to deliver as well on me for support. today. There is something I want to S. 3237 say to all Federal workers: I have got Today I also rise to introduce the At the request of Ms. CANTWELL, the your back. Strengthening American Transpor- names of the Senator from Hawaii (Mr. We have all been hearing statements tation Security Act of 2016, SATSA. SCHATZ) and the Senator from Alaska by politicians in the halls of Congress, This bill would extend to Transpor- (Ms. MURKOWSKI) were added as cospon- in the news, and even on Twitter tation Security Officers, TSO, the same sors of S. 3237, a bill to amend the In- threatening to gut the Federal work- worker rights and protections under ternal Revenue Code of 1986 to reform force, cut earned benefits, reduce pay- Title 5 of the U.S. Code that most the low-income housing credit, and for checks, make it easier to fire people at other Federal workers enjoy and that other purposes. will, and other destructive and mis- TSOs are currently denied. S. 3384 guided actions. TSOs are Federal employees who At the request of Mr. SCHATZ, his To Federal employees, these state- work on the frontlines of aviation secu- name was added as a cosponsor of S. ments must be particularly hurtful. rity, and make up 70 percent of the 3384, a bill to amend the Internal Rev- Some may feel anxious and disheart- Transportation Security Administra- enue Code of 1986 to provide a credit for ened. But I want to assure all Federal tion’s workforce. They provide essen- middle-income housing, and for other workers that I am on your side. Your tial protection to all Americans by purposes. contributions are integral to our Na- screening passengers and baggage at S. 3448 tion. You live and work in small towns, our airports. At the request of Mr. HELLER, his in urban centers, and around the coun- Every day TSOs stop eight guns from name was added as a cosponsor of S. try. You do crucial work for our gov- getting on our airplanes. That’s nearly 3448, a bill to provide for the creation ernment and for the American people. 3,000 guns a year. They hold life-saving of the Missing Armed Forces Personnel As the capital of the United States, jobs and TSOs deserve parity under Records Collection at the National Ar- Washington, D.C., is often mistaken as Title 5 of the U.S. Code. My bill would chives, to require the expeditious pub- the primary location for Federal work- provide fair treatment to TSO’s and, in lic transmission to the Archivist and ers. But this is patently false. Eighty- doing so, would improve passenger

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.024 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6925 safety and enhance the overall capac- majority of the Transportation Security Of- (2) AGENCY.—The term ‘‘agency’’ means an ity of the Federal workforce respon- ficer workforce performing screening func- Executive agency, as defined by section 105 sible for protecting our aviation trans- tions, while all other Transportation Secu- of title 5, United States Code. portation system. rity Administration employees, including (3) CONVERSION DATE.—The term ‘‘conver- managers, are subject to title 5, United sion date’’ means the date as of which para- I am proud to introduce SATSA, States Code, as incorporated in title 49 of graphs (1) through (3) of section 3(b) take ef- which would improve the morale and such Code. fect. stability of TSOs, the Federal workers (6) In November 2006, the International (4) COVERED EMPLOYEE.—The term ‘‘cov- keeping our airports and aviation trav- Labor Organization ruled that the Bush Ad- ered employee’’ means an employee who el safe. I want to thank my colleagues ministration violated international labor holds a covered position. that have joined as original cosponsors law when it prohibited Transportation Secu- (5) COVERED POSITION.—The term ‘‘covered of this bill: Senators BROWN, MERKLEY, rity Officers from engaging in collective bar- position’’ means— gaining. (A) a position within the Transportation WARREN, FRANKEN, PETERS, TESTER, (7) After the Federal Labor Relations Security Administration; and and HEINRICH. Board approved a petition for the election of (B) any position within the Department of Mr. President, I ask unanimous con- an exclusive representative, on February 4, Homeland Security, not described in sub- sent that the text of the bill be printed 2011, TSA Administrator John Pistole issued paragraph (A), the duties and responsibilities in the RECORD. a binding determination stating that ‘‘it is of which involve providing transportation se- There being no objection, the text of critical that every TSA employee feels that curity in furtherance of the purposes of the the bill was ordered to be printed in he or she has a voice and feels safe raising Aviation and Transportation Security Act the RECORD, as follows: issues and concerns of all kinds. This is im- (Public Law 107–71), as determined by the portant not just for morale; engagement of Secretary. S. 3525 every employee is critically important for (6) EMPLOYEE.—The term ‘‘employee’’ has Be it enacted by the Senate and House of Rep- security.’’. the meaning given such term by section 2105 resentatives of the United States of America in (8) This determination was superseded by a of title 5, United States Code. Congress assembled, second determination issued on December 29, (7) SECRETARY.—The term ‘‘Secretary’’ SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2014, which changed the previous guideline means the Secretary of Homeland Security. (a) SHORT TITLE.—This Act may be cited as for collective bargaining and resulting in (8) TSA PERSONNEL MANAGEMENT SYSTEM.— the ‘‘Strengthening American Transpor- limitations in the subjects that can be bar- The term ‘‘TSA personnel management sys- tation Security Act of 2016’’. gained, issues in dispute that may be raised tem’’ means any personnel management sys- (b) TABLE OF CONTENTS.—The table of con- to an independent, third-party neutral deci- tem established or modified under— tents for this Act is as follows: sion maker (such as an arbitrator or the (A) section 111(d) of the Aviation and Sec. 1. Short title; table of contents. Merit Systems Protection Board), and bar- Transportation Security Act (49 U.S.C. 44935 Sec. 2. Findings; sense of Congress. riers to union representation of the Trans- note); or Sec. 3. Definitions. portation Security Officer workforce. (B) section 114(n) of title 49, United States Sec. 4. Conversion of screening personnel. (9) The 2011 and 2014 determinations both Code. Sec. 5. Transition rules. cited TSA’s authority under section 111(d) of the Aviation and Transportation Security SEC. 4. CONVERSION OF SCREENING PER- Sec. 6. Consultation requirement. SONNEL. Sec. 7. No right to strike. Act (49 U.S.C. 44935 note) to create a per- Sec. 8. Regulations. sonnel system that denies the Transpor- (a) TERMINATION OF CERTAIN PERSONNEL Sec. 9. Delegations to Administrator. tation Security Officer workforce the rights AUTHORITIES.— Sec. 10. Authorization of appropriations. under title 5, United States Code, that are (1) TSA PERSONAL MANAGEMENT SYSTEM.— SEC. 2. FINDINGS; SENSE OF CONGRESS. provided to most other Federal workers, in- Section 114 of title 49, United States Code, is (a) FINDINGS.—Congress finds the fol- cluding— amended by striking subsection (n). lowing: (A) the right to appeal adverse personnel (2) TERMINATION OF FLEXIBILITY IN EMPLOY- (1) On September 11, 2001, 19 terrorists, who decisions to the Merit Systems Protection MENT OF SCREENER PERSONNEL.—Section 111 underwent airport security screening prior Board; of the Aviation and Transportation Security to boarding domestic flights, were able to (B) fair pay under the General Services Act (49 U.S.C. 44935 note) is amended by commandeer 4 airplanes and use those air- wage system, 2011; striking subsection (d). planes to perpetrate the most deadly ter- (C) fair pay and raises under the General (3) HUMAN RESOURCES MANAGEMENT SYS- rorist attack ever to be executed on United Services wage system, including overtime TEM.— States soil. guidelines, access to earned leave; (A) IN GENERAL.—Section 9701 of title 5, (2) In the aftermath of those attacks, Con- (D) the application of the Fair Labor United States Code, is amended— gress passed the Aviation and Transpor- Standards Act of 1938 (29 U.S.C. 201 et seq.); (i) by redesignating subsection (h) as sub- tation Security Act (Public Law 107–71), (E) fair performance appraisals under chap- section (i); and which was signed into law by President ter 73 of title 5, United States Code; and (ii) by inserting after subsection (g) the George W. Bush on November 19, 2001— (F) direct protections against employment following: discrimination set forth in title 7, United (A) to enhance the level of security screen- ‘‘(h) LIMITATION.—The human resources ing throughout our aviation system; and States Code. management system authorized under this (b) SENSE OF CONGRESS.—It is the sense of (B) to transfer responsibility for such section shall not apply to covered employees Congress that— screening from the private sector to the or covered positions (as such terms are de- newly established Transportation Security (1) the personnel system utilized by the Transportation Security Administration fined in section 3 of the Strengthening Amer- Administration (referred to in this section as ican Transportation Security Act of 2016).’’. ‘‘TSA’’). pursuant to section 111(d) of the Aviation (B) EFFECTIVE DATE.—The amendments (3) By establishing TSA, Congress and the and Transportation Security Act (49 U.S.C. 44935 note) provides insufficient workplace made by subparagraph (A) shall take effect American public recognized that the highest on the date set forth in subsection (b). level of screener performance was directly protections for the Transportation Security linked to employment and training stand- Officer workforce, who are the frontline per- (b) COVERED EMPLOYEES AND POSITIONS ards, pay and benefits, and the creation of an sonnel who secure our Nation’s aviation sys- MADE SUBJECT TO SAME PERSONNEL MANAGE- experienced, committed screening workforce. tem; and MENT SYSTEM AS APPLIES TO CIVIL SERVICE (4) Section 111(d) of the Aviation and (2) such personnel should be entitled to the EMPLOYEES GENERALLY.—On the earlier of a Transportation Security Act (49 U.S.C. 44935 protections under title 5, United States date determined by the Secretary or 60 days note) authorizes the Under Secretary of Code. after the date of the enactment of this Act— Transportation for Security to ‘‘employ, ap- SEC. 3. DEFINITIONS. (1) all TSA personnel management per- point, discipline, terminate, and fix the com- In this Act: sonnel policies, directives, letters, and guide- pensation, terms, and conditions of employ- (1) ADMINISTRATOR.—The term ‘‘Adminis- lines, including the Determinations of Feb- ment of Federal service for such a number of trator’’ means the official within the Depart- ruary 2011 and December 2014 shall cease to individuals as the Under Secretary deter- ment of Homeland Security who is respon- be effective; mines to be necessary to carry out the sible for overseeing and implementing trans- (2) any human resources management sys- screening functions of the Under Secretary portation security pursuant to the Aviation tem established or adjusted under section under section 44901 of title 49, United States and Transportation Security Act, whether 9701 of title 5, United States Code, shall Code’’. The functions of the TSA were trans- designated as the Assistant Secretary of cease to be effective with respect to covered ferred to the Department of Homeland Secu- Homeland Security (Transportation Security employees and covered positions; and rity by section 403 of the Homeland Security Administration), the Administrator of the (3) covered employees and covered posi- Act of 2002 (6 U.S.C. 203). Transportation Security Administration, the tions shall become subject to the applicable (5) TSA has interpreted the authorization Undersecretary of Transportation for Secu- labor provisions under title 49, United States set forth in paragraph (4) as applying to the rity, or otherwise. Code.

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.027 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6926 CONGRESSIONAL RECORD — SENATE December 8, 2016 SEC. 5. TRANSITION RULES. SEC. 8. REGULATIONS. As important, these countries can sus- (a) NONREDUCTION IN RATE OF PAY.—Any The Secretary may prescribe any regula- tain reductions in their corporate in- conversion of an employee from a TSA per- tions that may be necessary to carry out this come tax rates, because they have an sonnel management system to the provisions Act. alternative and more pro-growth rev- of law referred to in section 4(b)(3) shall be SEC. 9. DELEGATIONS TO ADMINISTRATOR. effected, under pay conversion rules pre- enue source—a consumption tax. The Secretary may, with respect to any The Progressive Consumption Tax scribed by the Secretary, without any reduc- authority or function vested in the Sec- tion in the rate of basic pay payable to such retary under any of the preceding provisions Act puts this country on a competitive employee. of this Act, delegate any such authority or playing field by providing for a broad- (b) PRESERVATION OF OTHER RIGHTS.—The function to the Administrator of the Trans- based progressive consumption tax, or Secretary shall take any necessary actions portation Security Administration under PCT, at a rate of 10 percent. The PCT to ensure, for any covered employee as of the such terms, conditions, and limitations, in- would generate revenue by taxing conversion date, that— cluding the power of redelegation, as the (1) all service performed by such covered goods and services, rather than income. Secretary considers appropriate. employee before the conversion date is cred- This is not simply an add-on tax. The ited in the determination of such employee’s SEC. 10. AUTHORIZATION OF APPROPRIATIONS. revenues generated by the act would be length of service for purposes of applying the There are authorized to be appropriated used to eliminate an income tax liabil- provisions of law governing leave, pay, group such sums as may be necessary to carry out ity for most households. This bears re- life and health insurance, severance pay, ten- this Act. peating: instead of paying an income ure, and status, which are made applicable to By Mr. CARDIN: tax, most Americans households, under such employee under section 4(b)(3); S. 3529. A bill to amend the Internal this bill, would only pay a consumption (2) all annual leave, sick leave, or other Revenue Code of 1986 to provide for a tax. paid leave accrued, accumulated, or other- progressive consumption tax and to re- Those who do still have an income wise available to the covered employee im- form the income tax, and for other pur- tax liability would see a much sim- mediately before the conversion date re- poses; to the Committee on Finance. mains available to the employee, until used, plified income tax with their marginal while the employee remains continuously Mr. CARDIN. Mr. President, I am rates reduced—the top marginal indi- employed by the Department of Homeland pleased to introduce the Progressive vidual income tax rate, applying to Security; and Consumption Tax Act of 2016. taxable income over $500,000 for joint (3) the Government share of any premiums We need a tax code that is fair for filers, would be 28 percent. The current or other periodic charges under the provi- American employers and fair for Amer- top marginal rate, applying to taxable sions of law governing group health insur- ican families. We need a tax code that income over approximately $450,000 for ance remains at the level in effect imme- makes our U.S.-based businesses more joint filers, is 39.6 percent. diately before the conversion date while the competitive. Finally, we need a tax employee remains continuously employed by Four important tax benefits remain: the Department of Homeland Security. code that allows us to responsibly and the charitable contribution deduction, SEC. 6. CONSULTATION REQUIREMENT. reliably collect reasonable revenues. the state and local tax deduction, (a) EXCLUSIVE REPRESENTATIVE.—The labor I introduced a version of this bill in health and retirement benefits, and the organization certified by the Federal Labor the 113th Congress to provide an open- mortgage interest deduction. Relations Authority on June 29, 2011, or suc- ing for discussion and a first oppor- The act would also slice our cor- cessor organization shall be deemed the ex- tunity to review legislative language porate rate by more than half, to 17 clusive representative of full- and part-time for this type of comprehensive tax re- percent. nonsupervisory personnel carrying out form. Finally, the act would provide re- screening functions under section 44901 of bates to lower- and moderate-income title 49, United States Code under chapter 71 Since the introduction of the Pro- of title 5, United States Code, with full gressive Consumption Tax Act, many families to counteract their consump- rights under such chapter 71. policymakers, including in Congress, tion tax burden and to replace essen- (b) CONSULTATION RIGHTS.—Not later than have become increasingly interested in tial support programs like the Earned 14 days after the date of the enactment of moving to a border-adjustable con- Income Tax Credit and Child Tax Cred- this Act, the Secretary shall— sumption tax base. it. Like the EITC and CTC, Individuals (1) consult with the exclusive representa- As we move towards consideration of and families who do not have an in- tive for employees under chapter 71 of title 5, come tax liability would still be able to United States Code, on the formulation of comprehensive tax reform in 2017, I wanted to reintroduce an updated receive these rebates. plans and deadlines to carry out the conver- A key part of the act is progressivity. sion of covered employees and covered posi- version of this bill, which I think tions under this Act; and shows what progressive, fiscally re- By eliminating an income tax liability (2) provide final written plans to the exclu- sponsible, pro-growth tax reform could for a significant number of households sive representative on how the Secretary in- look like. and providing rebates, the act is meant tends to carry out the conversion of covered As many of my colleagues recognize, to be at least as progressive as the cur- employees and covered positions under this the extent to which we rely on income rent system. Act, including with respect to— The act is also meant to responsibly taxes is very out of step with the rest (A) the proposed conversion date; and raise reasonable revenues. I know that of the world. (B) measures to ensure compliance with some have concerns that the act would Compared to other countries that are section 5. just provide a new lever for the govern- (c) REQUIRED AGENCY RESPONSE.—If any in the OECD—developed countries with views or recommendations are presented ment to raise funds. That is why the advanced economies, countries that we act contains a revenue ‘‘circuit break- under subsection (b)(2) by the exclusive rep- want to be competitive with—all taxes resentative, the Secretary shall consider the er’’ mechanism that returns excess views or recommendations before taking as a percentage of GDP in the United PCT revenues to taxpayers if a certain final action on any matter with respect to States are low. threshold is met. The PCT is not meant which the views or recommendations are pre- But, the U.S. is not a low income tax to be a means to quickly raise revenues sented and provide the exclusive representa- country. Our income tax revenues as a while disregarding the effects of higher tive a written statement of the reasons for percentage of GDP are higher than the consumption taxes on U.S. families and the final actions to be taken. OECD countries. We have some of the (d) SUNSET PROVISION.—The provisions of employers. this section shall cease to be effective as of highest statutory income tax rates in Overall, the Progressive Consump- the conversion date. the world. tion Tax Act has many advantages SEC. 7. NO RIGHT TO STRIKE. What accounts for the difference is compared to past reform efforts. Nothing in this Act may be construed— that all OECD countries except the First, it encourages saving. Under (1) to repeal or otherwise affect— U.S. have a consumption tax. In fact, current law, families and individuals (A) section 1918 of title 18, United States about 150 countries now have a con- are taxed on income, which includes Code (relating to disloyalty and asserting sumption tax, many of which were en- savings. Under the act, most house- the right to strike against the Government); acted decades ago. holds would be exempt from the in- or Unlike the U.S., these countries can (B) section 7311 of title 5, United States come tax, and thus would be able to Code (relating to loyalty and striking); or tax imports and subsidize exports by save tax free. (2) to otherwise authorize any activity rebating their consumption taxes for The act enhances U.S. economic com- which is not permitted under either provi- exports—without violating current petitiveness. The U.S. corporate in- sion of law cited in paragraph (1). World Trade Organization, WTO, rules. come tax rate would be lowered to 17

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.026 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6927 percent, encouraging multinational AMENDMENTS SUBMITTED AND tember 30, 2016, and for other purposes; corporations to locate here, not PROPOSED as follows: abroad. OECD countries currently at- SA 5139. Mr. MCCONNELL proposed an At the end add the following: tracting U.S. multinationals often im- amendment to the bill H.R. 2028, making ap- ‘‘This act shall be effective 3 days after en- pose higher consumption or corporate propriations for energy and water develop- actment.’’ tax rates than those envisioned by the ment and related agencies for the fiscal year Mr. MCCONNELL proposed act. ending September 30, 2016, and for other pur- SA 5142. In fact, if the Progressive Consump- poses. an amendment to amendment SA 5141 tion Tax Act became law, every top SA 5140. Mr. MCCONNELL proposed an proposed by Mr. MCCONNELL to the bill statutory rate in the United States— amendment to amendment SA 5139 proposed H.R. 2028, making appropriations for our individual income tax rate, our by Mr. MCCONNELL to the bill H.R. 2028, energy and water development and re- supra. lated agencies for the fiscal year end- corporate tax rate, our consumption SA 5141. Mr. MCCONNELL proposed an tax rate—would be at least five per- ing September 30, 2016, and for other amendment to the bill H.R. 2028, supra. purposes; as follows: centage points lower than the OECD SA 5142. Mr. MCCONNELL proposed an average. amendment to amendment SA 5141 proposed Strike ‘‘3 days’’ and insert ‘‘4 days’’. The act encourages economic growth. by Mr. MCCONNELL to the bill H.R. 2028, In a study that examined 35 years of supra. SA 5143. Mr. MCCONNELL proposed data on 21 OECD countries, consump- SA 5143. Mr. MCCONNELL proposed an an amendment to amendment SA 5142 tion taxes were found to be more amendment to amendment SA 5142 proposed proposed by Mr. MCCONNELL to the growth-friendly than both personal in- by Mr. MCCONNELL to the amendment SA amendment SA 5141 proposed by Mr. 5141 proposed by Mr. MCCONNELL to the bill MCCONNELL to the bill H.R. 2028, mak- come taxes and corporate income H.R. 2028, supra. taxes. Corporate income taxes, espe- ing appropriations for energy and SA 5144. Mr. MCCONNELL proposed an water development and related agen- cially, appear to have the most nega- amendment to the bill S. 612, to designate tive effect on GDP per capita. Growth- the Federal building and United States cies for the fiscal year ending Sep- oriented tax reform should move away courthouse located at 1300 Victoria Street in tember 30, 2016, and for other purposes; from income tax revenues and towards Laredo, Texas, as the ‘‘George P. Kazen Fed- as follows: consumption tax revenues, as the act eral Building and United States Court- Strike ‘‘4’’ and insert ‘‘5’’. does. house’’. The act also enhances U.S. trade SA 5145. Mr. MCCONNELL proposed an SA 5144. Mr. MCCONNELL proposed amendment to amendment SA 5144 proposed an amendment to the bill S. 612, to des- competitiveness. Countries with con- by Mr. MCCONNELL to the bill S. 612, supra. sumption taxes can adjust their taxes ignate the Federal building and United SA 5146. Mr. MCCONNELL proposed an States courthouse located at 1300 Vic- at the border by rebating exports. That amendment to the bill S. 612, supra. toria Street in Laredo, Texas, as the means that these countries can agree SA 5147. Mr. MCCONNELL proposed an to reduced tariffs under trade agree- amendment to amendment SA 5146 proposed ‘‘George P. Kazen Federal Building and ments, can still tax imports with their by Mr. MCCONNELL to the bill S. 612, supra. United States Courthouse’’; as follows: consumption taxes, and can export SA 5148. Mr. MCCONNELL proposed an At the end add the following: their own goods without a full tax load. amendment to amendment SA 5147 proposed ‘‘This act shall be effective 1 day after en- by Mr. MCCONNELL to the amendment SA actment.’’ Because the PCT is border-adjusted, 5146 proposed by Mr. MCCONNELL to the bill the U.S. would be able to maintain ex- S. 612, supra. SA 5145. Mr. MCCONNELL proposed port and import tax parity in the same SA 5149. Ms. BALDWIN (for herself, Mr. an amendment to amendment SA 5144 way as these other countries. In addi- BROWN, and Mr. CASEY) submitted an amend- proposed by Mr. MCCONNELL to the bill tion, the PCT is designed to achieve ment intended to be proposed by her to the S. 612, to designate the Federal build- these benefits while being compliant bill S. 612, supra; which was ordered to lie on ing and United States courthouse lo- with WTO rules. the table. SA 5150. Mr. HELLER submitted an cated at 1300 Victoria Street in Laredo, The act reduces income tax compli- Texas, as the ‘‘George P. Kazen Federal ance costs. Most households would not amendment intended to be proposed by him to the bill H.R. 2028, making appropriations Building and United States Court- have an income tax liability under the for energy and water development and re- house’’; as follows: act—although they would need to pro- lated agencies for the fiscal year ending Sep- Strike ‘‘1 day’’ and insert ‘‘2 days’’. vide key pieces of information to the tember 30, 2016, and for other purposes; which IRS in order to obtain their rebates. was ordered to lie on the table. SA 5146. Mr. MCCONNELL proposed Finally, the act protects low- and f an amendment to the bill S. 612, to des- middle-income families from an unfair ignate the Federal building and United TEXT OF AMENDMENTS tax burden. Through the income tax States courthouse located at 1300 Vic- exemption and rebate feature, the Pro- SA 5139. Mr. MCCONNELL proposed toria Street in Laredo, Texas, as the gressive Consumption Tax Act aims to an amendment to the bill H.R. 2028, ‘‘George P. Kazen Federal Building and ensure that this new tax system is at making appropriations for energy and United States Courthouse’’; as follows: least as progressive as the current in- water development and related agen- At the end add the following: come tax system. cies for the fiscal year ending Sep- ‘‘This act shall be effective 3 days after en- When my colleagues and others talk tember 30, 2016, and for other purposes; actment.’’ to me about comprehensive, respon- as follows: sible, pro-growth tax reform, this to At the end add the following: SA 5147. Mr. MCCONNELL proposed me is what we need to do. ‘‘This act shall be effective 1 day after en- an amendment to amendment SA 5146 That is why I am pleased to reintro- actment.’’ proposed by Mr. MCCONNELL to the bill duce the Progressive Consumption Tax S. 612, to designate the Federal build- Act in this Congress. This newest SA 5140. Mr. MCCONNELL proposed ing and United States courthouse lo- version of the act responds to input an amendment to amendment SA 5139 cated at 1300 Victoria Street in Laredo, from stakeholders that we received last proposed by Mr. MCCONNELL to the bill Texas, as the ‘‘George P. Kazen Federal year. As important, the act shows ex- H.R. 2028, making appropriations for Building and United States Court- actly what serious, comprehensive con- energy and water development and re- house’’; as follows: sumption-based tax reform legislation lated agencies for the fiscal year end- Strike ‘‘3 days’’ and insert ‘‘4 days’’. looks like. ing September 30, 2016, and for other As this Congress closes and the new purposes; as follows: SA 5148. Mr. MCCONNELL proposed Congress convenes, I hope we will stand Strike ‘‘1 day’’ and insert ‘‘2 days’’. an amendment to amendment SA 5147 for what is right in our tax code, and proposed by Mr. MCCONNELL to the enact the type of reform that allows SA 5141. Mr. MCCONNELL proposed amendment SA 5146 proposed by Mr. our country to have among the lowest an amendment to the bill H.R. 2028, MCCONNELL to the bill S. 612, to des- tax rates in the industrialized world, making appropriations for energy and ignate the Federal building and United and the fairest system for all Ameri- water development and related agen- States courthouse located at 1300 Vic- cans. cies for the fiscal year ending Sep- toria Street in Laredo, Texas, as the

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.047 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE S6928 CONGRESSIONAL RECORD — SENATE December 8, 2016 ‘‘George P. Kazen Federal Building and States obligations under international (iii) provide timely certification of the de- United States Courthouse’’; as follows: agreements. terminations under clauses (i) and (ii) upon ‘‘(F) MANAGEMENT AND OVERSIGHT.—The the request of the Secretary of the Senate. Strike ‘‘4’’ and insert ‘‘5’’. Administrator may use not more than 0.25 (2) HOUSE OF REPRESENTATIVES.— percent of any funds made available to carry (A) REQUEST FOR CERTIFICATIONS.—On Oc- SA 5149. Ms. BALDWIN (for herself, out this title for management and oversight tober 1 of each year, the Chief Administra- Mr. BROWN, and Mr. CASEY) submitted of the requirements of this paragraph.’’. tive Officer of the House of Representatives an amendment intended to be proposed shall submit a request to the Chairpersons of by her to the bill S. 612, to designate SA 5150. Mr. HELLER submitted an the Committee on the Budget and the Com- the Federal building and United States amendment intended to be proposed by mittee on Appropriations of the House of courthouse located at 1300 Victoria him to the bill H.R. 2028, making ap- Representatives for certification of deter- Street in Laredo, Texas, as the propriations for energy and water de- minations made under clause (i) and (ii) of ‘‘George P. Kazen Federal Building and velopment and related agencies for the subparagraph (B). (B) DETERMINATIONS.—The Chairpersons of United States Courthouse’’; which was fiscal year ending September 30, 2016, and for other purposes; which was or- the Committee on the Budget and the Com- ordered to lie on the table; as follows: mittee on Appropriations of the House of Strike section 2113 and insert the fol- dered to lie on the table; as follows: Representatives shall— lowing: At the appropriate place, insert the fol- (i) on October 1 of each year, make a deter- lowing: SEC. 2113. TAXPAYER-PRODUCED IRON AND mination of whether Congress is in compli- STEEL IN PUBLIC WATER SYSTEMS. SEC. lll. NO BUDGET NO PAY. ance with subsection (c) and whether Mem- Section 1452(a) of the Safe Drinking Water (a) SHORT TITLE.—This section may be bers of the House of Representatives may not cited as the ‘‘No Budget, No Pay Act’’. Act (42 U.S.C. 300j–12(a)) is amended by add- be paid under that subsection; (b) DEFINITION.—In this section, the term ing at the end the following: (ii) determine the period of days following ‘‘Member of Congress’’— ‘‘(4) REQUIREMENT FOR THE USE OF AMER- each October 1 that Members of the House of (1) has the meaning given under section ICAN MATERIALS.— Representatives may not be paid under sub- 2106 of title 5, United States Code; and ‘‘(A) DEFINITION OF IRON AND STEEL PROD- section (c); and (2) does not include the Vice President. UCTS.—In this paragraph, the term ‘iron and (iii) provide timely certification of the de- (c) TIMELY APPROVAL OF CONCURRENT RES- terminations under clauses (i) and (ii) upon steel products’ means the following products OLUTION ON THE BUDGET AND THE APPROPRIA- made, in part, of iron or steel: the request of the Chief Administrative Offi- TIONS BILLS.—If both Houses of Congress cer of the House of Representatives. ‘‘(i) Lined or unlined pipe and fittings. have not approved a concurrent resolution (f) EFFECTIVE DATE.—This section shall ‘‘(ii) Manhole covers and other municipal on the budget as described under section 301 apply on and after the date on which the One castings. of the Congressional Budget and Impound- Hundred Sixteenth Congress convenes. ‘‘(iii) Hydrants. ment Control Act of 1974 (2 U.S.C. 632) for a ‘‘(iv) Tanks. fiscal year before October 1 of that fiscal f ‘‘(v) Flanges. year and have not passed all the regular ap- ‘‘(vi) Pipe clamps and restraints. propriations bills for the next fiscal year be- ‘‘(vii) Valves. fore October 1 of that fiscal year, the pay of AUTHORITY FOR COMMITTEES TO ‘‘(viii) Structural steel. each Member of Congress may not be paid for MEET ‘‘(ix) Reinforced precast concrete. each day following that October 1 until the Mr. VITTER. Mr. President, I have ‘‘(x) Construction materials. date on which both Houses of Congress ap- ‘‘(B) REQUIREMENT.—Notwithstanding any prove a concurrent resolution on the budget one request for a committee to meet other provision of law, except as provided in for that fiscal year and all the regular appro- during today’s session of the Senate. It subparagraph (C), none of the funds made priations bills. has the approval of the Majority and available by a State loan fund authorized (d) NO PAY WITHOUT CONCURRENT RESOLU- Minority leaders. under this section shall be used for a project TION ON THE BUDGET AND THE APPROPRIATIONS Pursuant to Rule XXVI, paragraph for the construction, alteration, mainte- BILLS.— 5(a), of the Standing Rules of the Sen- nance, or repair of a public water system un- (1) IN GENERAL.—Notwithstanding any ate, the following committee is author- less all the iron and steel products used in other provision of law, no funds may be ap- the project are produced in the United propriated or otherwise be made available ized to meet during today’s session of States. from the United States Treasury for the pay the Senate: ‘‘(C) EXCEPTION.—Subparagraph (B) shall of any Member of Congress during any period SUBCOMMITTEE ON STATE DEPARTMENT AND not apply in any case or category of cases in determined by the Chairpersons of the Com- USAID MANAGEMENT, INTERNATIONAL OPER- which the Administrator finds that— mittee on the Budget and the Committee on ATIONS, AND BILATERAL INTERNATIONAL DE- ‘‘(i) applying subparagraph (B) would be in- Appropriations of the Senate or the Chair- VELOPMENT consistent with the public interest; persons of the Committee on the Budget and The Committee on Foreign Relations ‘‘(ii) iron and steel products are not pro- the Committee on Appropriations of the Subcommittee on State Department duced in the United States in sufficient and House of Representatives under subsection and USAID Management, International reasonably available quantities and of a sat- (e). Operations, and Bilateral International isfactory quality; or (2) NO RETROACTIVE PAY.—A Member of ‘‘(iii) inclusion of iron and steel products Congress may not receive pay for any period Development is authorized to meet produced in the United States will increase determined by the Chairpersons of the Com- during the session of the Senate on De- the cost of the overall project by more than mittee on the Budget and the Committee on cember 8, 2016, at 10 a.m., to conduct a 25 percent. Appropriations of the Senate or the Chair- hearing entitled ‘‘State Department ‘‘(D) PUBLIC NOTICE; WRITTEN JUSTIFICA- persons of the Committee on the Budget and and USAID Management Challenges TION.— the Committee on Appropriations of the and Opportunities for the Next Admin- ‘‘(i) PUBLIC NOTICE.—If the Administrator House of Representatives under subsection istration.’’ receives a request for a waiver under this (e), at any time after the end of that period. paragraph, the Administrator shall— (e) DETERMINATIONS.— f ‘‘(I) make available to the public on an in- (1) SENATE.— formal basis, including on the public website (A) REQUEST FOR CERTIFICATIONS.—On Oc- of the Administrator— tober 1 of each year, the Secretary of the PRIVILEGES OF THE FLOOR ‘‘(aa) a copy of the request; and Senate shall submit a request to the Chair- Mr. REED. Mr. President, I ask unan- ‘‘(bb) any information available to the Ad- persons of the Committee on the Budget and imous consent that the Army defense ministrator regarding the request; and the Committee on Appropriations of the Sen- ‘‘(II) provide notice of, and opportunity for ate for certification of determinations made fellow for Senator TOM UDALL, Mr. informal public comment on, the request for under clause (i) and (ii) of subparagraph (B). Shawn Brown, be granted floor privi- a period of not less than 15 days before mak- (B) DETERMINATIONS.—The Chairpersons of leges for the remainder of the 114th ing a finding under subparagraph (C). the Committee on the Budget and the Com- Congress. ‘‘(ii) WRITTEN JUSTIFICATION.—If, after the mittee on Appropriations of the Senate The PRESIDING OFFICER. Without period provided under clause (i), the Admin- shall— objection, it is so ordered. istrator makes a finding under subparagraph (i) on October 1 of each year, make a deter- Mr. ISAKSON. Mr. President, I ask (C), the Administrator shall publish in the mination of whether Congress is in compli- unanimous consent that Ryan Bodge, Federal Register a detailed written justifica- ance with subsection (c) and whether Sen- tion as to why subparagraph (B) is being ators may not be paid under that subsection; my militarily liaison, be granted floor waived. (ii) determine the period of days following privileges for the rest of this weekend. ‘‘(E) APPLICATION.—This paragraph shall be each October 1 that Senators may not be The PRESIDING OFFICER. Without applied in a manner consistent with United paid under subsection (c); and objection, it is so ordered.

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A08DE6.048 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — SENATE S6929 ORDERS FOR FRIDAY, DECEMBER two leaders be reserved for their use ADJOURNMENT UNTIL 10 A.M. 9, 2016 later in the day; finally, that following TOMORROW Mr. MCCONNELL. Mr. President, I leader remarks, the Senate resume Mr. MCCONNELL. Mr. President, if ask unanimous consent that when the consideration of the House message to there is no further business to come be- Senate completes its business today, it accompany H.R. 2028. fore the Senate, I ask unanimous con- adjourn until 10 a.m., Friday, Decem- The PRESIDING OFFICER. Without sent that it stand adjourned under the ber 9; that following the prayer and objection, it is so ordered. previous order. pledge, the morning hour be deemed There being no objection, the Senate, expired, the Journal of proceedings be at 6:41 p.m., adjourned until Friday, approved to date, and the time for the December 9, 2016, at 10 a.m.

VerDate Sep 11 2014 06:25 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G08DE6.124 S08DEPT1 rfrederick on DSK30MX082PROD with SENATE December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1635 EXTENSIONS OF REMARKS

HONORING KELLY CRAVEN This year he marked the 50th anniversary of ments of triumph and tragedy, including the his first day on the job at KTRK Channel 13. Moon landing in 1969, the first and last space HON. PAUL D. RYAN It’s the longest run at the same TV station, ac- shuttle launches and many in between, and OF WISCONSIN cording to Guinness World Records. He ar- the recovery efforts following Hurricane Ike in IN THE HOUSE OF REPRESENTATIVES rived at Channel 13 in the 1960s and took the 2008. I would like to extend my heartfelt ap- Thursday, December 8, 2016 station from third place to the top of the rat- preciation to my loyal viewers, my friends, ings into the 70s and beyond for the next 45 without whom my extensive career would not Mr. RYAN of Wisconsin. Mr. Speaker, it was years. Dave joined KTRK–TV in 1966 as an have been possible. My 50 year tenure at thanks to an incredible stoke of good luck that, on-the-street reporter and photographer. The Channel 13 represents the hallmark of my ca- when I became speaker, I inherited an excep- next year he was assigned to anchor Channel reer, and I look forward to the next chapter.’’ tionally talented director of House operations: 13’s weekday 7 am newscast. In 1968, Dave We look forward to Dave’s next chapter too. the one and only Kelly Craven. I don’t know was assigned to anchor the weekday 6 pm Today in his trademark down-to-earth style, what I would have done without her. First of and 10 pm newscasts where he has remained we will hear Dave begin the 6 pm newscast all, she knows every nook and cranny of the one of Houston’s most experienced news pro- with ‘‘Good evening, friends,’’ for the last time. building, which came in handy when she fessionals. We will say goodnight to the most trusted oversaw the first renovation of the Capitol Born in Dallas and raised in Huntsville, newsman in Houston. dome in over 50 years. But more important Dave’s broadcast career began in radio with And that’s just the way it is. than that, she seems to know every single KGKB in Tyler. Then to WACO radio in Waco, f person who works here. From working closely Texas, then a stop in Houston and KNUZ/ with House officers to helping up-and-coming KQUE. He started out as a reporter known for CELEBRATING INDIANA’S staffers find the right job, she treats everyone his grit and determination and for talking di- BICENTENNIAL ANNIVERSARY with the same kindhearted respect—and she rectly to Houstonians to see what they’re has a tireless work ethic to boot. thinking. HON. PETER J. VISCLOSKY But it shouldn’t have been a surprise. Kelly During his career with 13 Eyewitness News, OF INDIANA has worked long and hard at building up this Dave has reported on everything from presi- IN THE HOUSE OF REPRESENTATIVES institution into the House we know and love. dential elections to space walks, and even the She started as a chief of staff to Rep. Steve Vietnam Peace Talks. He’s covered fires, ex- Thursday, December 8, 2016 Buyer and later served as deputy staff director plosions, earthquakes, floods, and hurricanes Mr. VISCLOSKY. Mr. Speaker, I rise today of the House Veterans Affairs committee. She throughout Texas and the region. He’s inter- to commemorate the State of Indiana’s Bicen- then became assistant director of the House viewed heads of state and traveled to Mexico, tennial Anniversary. 200 years ago, on De- Office of Interparliamentary Affairs and after Guatemala, Honduras, Panama, Nicaragua, cember 11, 1816, our great state was admit- that, staff director of the House Administration and Colombia on numerous stories. He’s also ted to be a part of the United States of Amer- Committee. She rose through the ranks and covered several national political conventions ica, and I am so proud to call Indiana and its it’s not hard to see why. Kelly is simply first- and worked extensively with NASA on Mer- Northwest region my home. rate. I know she also once served as a deputy cury, Gemini, Apollo and shuttle missions. I believe that Northwest Indiana is the best assistant secretary of the Air Force—which is Dave also landed a special one-on-one inter- place in the world to live, work, visit, study, in and of itself an impressive achievement. But view with President Barack Obama. In 2007, and raise a family, and it is an honor and privi- thanks to her many years of dedication to the Dave was awarded an Emmy and the pres- lege to represent this area on the 200th Birth- House of Representatives, we’re claiming her tigious Lifetime Achievement Award in Broad- day of our state. I also want to thank my Indi- as the legislative branch’s own. You might say cast Emmys presented by the Lone Star ana colleagues for establishing the time today we consider her congressional timber. Chapter of the National Academy of Television to discuss this historic event. It is always a It is hard to say goodbye to such a wonder- Arts and Sciences. privilege to be able to work with you, along ful member of our team, but all of us know In addition to his extraordinary broadcast with Senator COATS and Senator DONNELLY, Kelly will continue her legacy of public service career, I will always remember Dave for his on behalf of the issues that impact our great in the next chapter of her life. We wish her all role in the establishment of Houston Crime state. the best, and on behalf of the members and Stoppers, which has become the model of ex- Our state and our region have a rich history staff, we extend our many heartfelt thanks to cellence for similar programs across the na- in agriculture production, and in addition to the the great Kelly Craven. tion. As a judge on the bench during this time, value of Indiana land, I believe that people f I remember his iconic tagline, ‘‘Crime Stoppers have been drawn to Northwest Indiana be- THE MOST TRUSTED NEWSMAN IN will pay a one thousand dollar cash reward cause of the pristine beauty of our lakeshore HOUSTON: DAVE WARD this week for information leading to the arrest and the Lake Michigan water. We are so fortu- and grand jury indictment of the person re- nate to be situated along the largest body of HON. TED POE sponsible’’ and that it led to thousands of tips fresh water on the planet. For 200 years, our coming into the Crime Stoppers hotline, hun- shoreline has been an invaluable natural asset OF TEXAS dreds of thousands of dollars in rewards, and that has attracted people and has driven eco- IN THE HOUSE OF REPRESENTATIVES millions in recovered property. Just a day after nomic opportunities, and I have no doubt that Thursday, December 8, 2016 celebrating his 50th anniversary on air, the it will continue to do so for the next 200 years Mr. POE of Texas. Mr. Speaker, Dave Ward first-in-the-nation Dave Ward Crime Stoppers and beyond. is your father, brother, trusted friend. If you’re Headquarters broke ground in Houston. The We also are fortunate that over a hundred from Houston, he’s been with you most, if not new facility will be the cornerstone of Hous- years ago, businesses saw the value in the all, of your life. He’s the person the city turns ton’s first Public Safety and Crime Prevention Northwest region of Indiana and decided to to when they need straight talk, or when they Block. make investments to create unprecedented want the no-spin facts, in times of national When asked to reflect on his career, Dave steel mills and oil refineries. It is because of tragedy, or when they want to relish the suc- told his colleagues at KTRK, ‘‘I am very proud these investments in Northwest Indiana that cess of the country’s most diverse city. The of my work here at Channel 13 over the past our steelworkers and steel mills are able to longest running TV anchor in history will close 50 years. I will always cherish having wit- currently make the best and most efficient his last 6 pm newscast on KTRK Channel 13 nessed firsthand the transformation of this steel in the world. No other area of our coun- tomorrow. He will move on from the only TV great city,’’ said Mr. Ward. ‘‘I leave Channel try makes more steel than Northwest Indiana. station he’s ever worked for and he’s still at 13 with a lifetime’s worth of memories, having Steel is the foundation of our economy, our the top of his game. reported on some of Houston’s greatest mo- national defense, and is essential for our

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.001 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1636 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 transportation infrastructure. It has been an I am honored to recognize Sheriff Borders, ards Area Board of Adjustment; the Nevada economic engine for our state this past cen- and thank him for his hard work and many Earthquake Safety Council; and the Western tury and we must continue to work to see that contributions to the Central Florida community. States Seismic Policy Council’s Architecture, our industrial base and Indiana manufacturing His commitment to excellence, leadership and Engineering and Construction Committee. He continue to power us forward in future cen- service is to be admired, and may it inspire is a member of the Nevada Hazard Mitigation turies. others to follow in his footsteps. My sincerest Planning Committee and the Nevada Bureau Finally, I am proud of all the hardworking wishes and congratulations to Sheriff Borders of Mines & Geology Advisory Committee. Mr. people in Northwest Indiana and our state and and his family on his retirement. Lynn was also appointed to the National the contributions that they have provided to f Earthquake Hazards Reduction Program our nation over the past 200 years. They have (NEHRP) Advisory Committee on Earthquake built transportation infrastructure in our state HONORING 2017 RHODES SCHOLAR Hazards Reduction (ACEHR) by the National that connects rail, road, and waterway sys- LAUREN JACKSON Institute of Standards & Technology. The con- tems that traverse our nation. Our airports and gressionally authorized National Institute of ports along Lake Michigan serve as gateways HON. J. FRENCH HILL Building Sciences has also appointed him to to connect people and economic activity within OF ARKANSAS the Building Seismic Safety Council. our state to the rest of the world. Our Indiana IN THE HOUSE OF REPRESENTATIVES In 2009, Mr. Lynn was recognized by the National Guard servicemembers have also United States Congress for his contributions to Thursday, December 8, 2016 selflessly protected us every day of our past the building safety community; and in 2010, he 200 years, including during the Civil War and Mr. HILL. Mr. Speaker, I rise today to recog- received a U.S. Senate commendation for his the over 17,000 servicemembers who have nize Lauren Jackson, who became one of 32 commitment to building safety, energy con- been deployed overseas since September 11, American students to be named as a 2017 servation, and emergency response. Addition- 2001. Rhodes Scholar to the University of Oxford in ally, Governor Brian Sandoval of Nevada de- Mr. Speaker, I ask you and my other distin- England. clared December 9, 2010, as Ronald L. Lynn guished colleagues to join me now in cele- A 2013 graduate of Pulaski Academy in Lit- Day. brating the vibrant history of Indiana’s steel tle Rock, Lauren became the first Arkansan to In 2012, Mr. Lynn received the Ron H. and manufacturing industries, our unparalleled be named a Rhodes Scholar since 2003. Brown Standards Leadership Award, named natural resources, and our industrious and She received a full merit scholarship to the after the late Secretary of Commerce, in rec- courageous people, by wishing Indiana a very University of Virginia (UVA) and a $20,000 ognition of his commitment to the U.S. stand- happy 200th Birthday. Jefferson Public Citizens research grant to ardization system and conformity assessment f study post-traumatic stress syndrome in post- community. He was the first code official to re- genocide Rwanda. ceive this award. As an active contributor to RECOGNIZING SHERIFF GARY S. Currently a senior at the University of Vir- the development of national voluntary con- BORDERS ginia, Lauren is completing a bachelor’s de- sensus codes and systems and as a leader in gree in political and social thought with the the construction industry, Mr. Lynn helped pro- HON. DANIEL WEBSTER plan to pursue master’s degrees in both global mote the important role of standardization in OF FLORIDA governance and diplomacy and refugee and international trade agreements. IN THE HOUSE OF REPRESENTATIVES forced migration studies at Oxford. In 2014, Mr. Lynn received the Community While at the University of Virginia, Lauren Thursday, December 8, 2016 Achievement Award from the Asian American has been on track to pursue her goal of a ca- Group (AAG), the Government Person of the Mr. WEBSTER of Florida. Mr. Speaker, it is reer in journalism, writing as a columnist for Year Award from the International Association with sincere appreciation that I recognize Lake the Cavalier Daily while serving as creative di- of Plumbing & Mechanical Officials (IAPMO), County Sheriff Gary S. Borders for his leader- rector for V Magazine and president of the and the Western States Seismic Policy Coun- ship and service to Lake County. After more Latter-Day Saint Student Association. cil Lifetime Achievement Award. In 2015 he than 36 years of service, Sheriff Borders will On behalf of all Arkansans, congratulations, received the International Code Council’s high- retire at the end of his term in January. and we look forward to following your contin- est award, the prestigious Bobby J. Fowler Sheriff Borders began his law enforcement ued success. Award, for his career spent leading the build- career with the Osceola County Sheriff’s Of- f ing safety industry. fice in 1980, and received his Corrections Offi- I am proud to recognize this exceptional Ne- CONGRATULATING RONALD LYNN cer Certification through the Criminal Justice vadan and thank him for his commitment to Standards and Training Commission one year the people of Nevada and the entire United later. At the age of 24, he was selected as the HON. DINA TITUS States. I first met Ron through my father Joe Assistant Jail Administrator. OF NEVADA Titus who was Director of Building and Safety Sheriff Borders came to the Lake County IN THE HOUSE OF REPRESENTATIVES for the City of Henderson, Nevada, and often Sheriff’s Office in 1989 where he served as Thursday, December 8, 2016 heard him testify on important safety issues the Major and Chief Deputy in the Criminal during my time in the State Senate. I wish him Justice Operations Bureau until he was ap- Ms. TITUS. Mr. Speaker, I rise today to con- and his wife, Denise, all the best in their future pointed Sheriff of Lake County in 2006 by gratulate Ronald L. Lynn and commend him endeavors. Governor Bush. During his tenure, Sheriff Bor- on 35 years of service to the State of Nevada f ders developed the agency’s first cybercrimes as Director and Chief Building and Fire Official unit and street crimes unit. The agency be- of the Clark County Department of Building HONORING CHARLIE BARRA came accredited for the first time in 2007, and and Fire Prevention. Mr. Lynn retired from his has subsequently been awarded re-accredita- post on August 5, 2016, after serving the HON. JARED HUFFMAN tions. greater Las Vegas area since 1981. OF CALIFORNIA Sheriff Borders has been a dedicated serv- Mr. Lynn’s professional accomplishments IN THE HOUSE OF REPRESENTATIVES ant to our community throughout his 36-year range from local to international. He has law enforcement career. Sheriff Borders’ re- served in multiple roles at the International Thursday, December 8, 2016 markable service has also been recognized on Code Council (ICC), including President of the Mr. HUFFMAN. Mr. Speaker, I rise with my the state level. He was honored as the 2008 Board of Directors and Chair of the Major Ju- colleague Congressman MIKE THOMPSON Florida DARE Sheriff of the Year, Golden risdiction Committee which represents the in- today in recognition of Charlie Barra and his Eagle Honoree by the Boy Scouts of America terests of cities and enforcement agencies exceptional community service on the occa- Central Florida Council, and the 2010 Lake throughout the country. sion of his 90th birthday on December 12, County Community Service Award in 2010. He Mr. Lynn also served as a member of the 2016. volunteers on several boards including the Board of Directors of the International Accredi- Born in Calpella, California in 1926 to Italian Lake-Sumter Community College Foundation, tation Service and is currently on the Board of immigrants, both from generational wine grow- Educational Foundation of Lake County, Managers for the International Evaluation ing families, Charlie Barra and his two broth- Crimeline Board of Directors, United Way Services, both subsidiaries of the ICC. ers spent their young teen years working in Board of Directors, and Institute of Public In addition, he serves as chairman of mul- their father Antonio’s vineyard. In 1945, when Safety Advisory Board. tiple organizations: the McCarran Airport Haz- Charlie was a junior in high school, he leased

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.002 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1637 a ranch from one of his old Italian neighbors, Before Mr. Spiegel began his successful ca- PERSONAL EXPLANATION beginning his long and successful independent reer, he earned an MBA from the Tuck School career in viticulture. of Business at Dartmouth College and an A.B. HON. RYAN A. COSTELLO In 1955, Charlie purchased the 175-acre with Honors in Economics from Harvard Uni- OF PENNSYLVANIA Redwood Valley Vineyards located at the versity. He remains a member of The Board of IN THE HOUSE OF REPRESENTATIVES headwaters of the Russian River. At the time, Overseers at Dartmouth’s Tuck School of most growers were farming ‘‘standard’’ grapes Business. Thursday, December 8, 2016 that were used by the major wine producers to Mr. Spiegel has given back to the Wash- Mr. COSTELLO of Pennsylvania. Mr. make basic table wines. Charlie worked with ington, DC communities in many ways, one Speaker, unfortunately, on December 5, 2016, pioneers of the industry and began moving to being his dedication to Ford’s Theatre as a I missed two recorded votes on the House a varietal-focused vineyard. He was one of the member of its Executive Committee. Mr. floor due to a family illness. Had I been first growers on the North Coast to plant Spiegel’s accomplishments are many; includ- present, I would have voted YEA on Roll Call Chardonnay, Riesling, Cabernet Sauvignon, ing his position as a member of the Business 602 and YEA on Roll Call 603. and Pinot Noir. Roundtable, the U.S. Chamber of Commerce, f As a true steward of the land, Charlie con- and the Electrification Coalition. verted all his vineyards to organic grapes in IN RECOGNITION OF MEGAN JACK- 1989. In 1997, after a downturn in the grape I wish Mr. Spiegel a happy retirement, and SON’S SERVICE TO KENTUCKY’S market, Charlie and his wife Martha began will continue to admire his accomplished ca- SECOND DISTRICT BARRA of Mendocino Winery, specializing in reer. premium wines. He was honored by Slow HON. BRETT GUTHRIE Foods San Francisco as a pioneer for organic f OF KENTUCKY farming in the United States in 2011. To this IN THE HOUSE OF REPRESENTATIVES day, Charlie Barra prides himself on never REMEMBERING JOHN LIGNELLI’S having missed a harvest. LIFETIME OF SERVICE Thursday, December 8, 2016 Throughout his life, Charlie Barra has been Mr. GUTHRIE. Mr. Speaker, I rise today to an active member of the community. He was HON. BILL SHUSTER give my sincere thanks to Megan Spindel a founding member of the California North Jackson, my Deputy Chief of Staff and Legis- Coast Grape Growers association and served OF PENNSYLVANIA lative Director, who will be moving on from my on its board for 41 years. Charlie was ap- IN THE HOUSE OF REPRESENTATIVES office at the end of this year. Megan has been pointed to the Mendocino County Planning Thursday, December 8, 2016 an essential part of my office since I came to commission in 1965 and again in 1975, and Congress, and she will be missed. Governor Ronald Regan appointed him to the Mr. SHUSTER. Mr. Speaker, I rise today to Megan grew up in Hawesville, Kentucky, Mendocino County Board of Supervisors in remember a dedicated public servant, John where her parents are still active in the com- 1968. Lignelli. ‘‘Chummy,’’ as his friends knew him, munity. Her mother was a public school teach- Charlie Barra’s legacy is one of stewardship passed away on Thursday, December 1st at er and principal in Hawesville for more than 40 of the land, economic development and com- the age of 95. years. Inspired by a call to serve her commu- munity service to Mendocino County. Please John was known best as the longtime hard nity, Megan moved to Washington, D.C. after join us in congratulating him on his 90th birth- graduating from Centre College in 2002 to day and expressing our deep appreciation for working mayor of Donora, Pennsylvania, but John was no stranger to hard work and public serve my predecessor. She has been dedi- his long and exceptional life and outstanding cated to the Second District of Kentucky ever contributions to our local economy. service before being elected mayor. He at- tended Monongahela High School before he since then. f joined the Navy to serve his country during I first met Megan in 2008, when she moved HONORING THE RETIREMENT OF World War II. After the war, he returned to back to Kentucky to help me with my first ERIC SPIEGEL Western Pennsylvania to work in a steel mill. campaign. Even though she had never met Before being elected to his first term as mayor me before, she was dedicated to the cam- HON. TIM RYAN of Donora in 1993, John served on the city’s paign from day one. When I won, she was one of the first people I hired to work in my OF OHIO council and was a 50-year member of the D.C. office. IN THE HOUSE OF REPRESENTATIVES Donora Fire Department. Megan has been an integral part of my leg- In 2013, the citizens of Donora elected John Thursday, December 8, 2016 islative operation since I was elected, and has Lignelli to his sixth term as their mayor. As Mr. RYAN of Ohio. Mr. Speaker, I rise today selflessly worked to better the lives of count- mayor, John was a true public servant to his to honor Youngstown, Ohio, native Eric Spie- less Kentuckians. I cannot thank her enough beloved Donora. He organized an annual gel, CEO of Siemens USA, and congratulate for her years of service. Though I will miss cashew sale to raise money for a new local li- him on his retirement. Mr. Spiegel has worked her, I wish her, her husband Kyle, and their brary. He sold raffle tickets to purchase a new at Siemens for seven years, where he has son Henry the best of luck as they start the police cruiser after the only one they had been able to grow the company and further its next chapter of their lives. broke down. Countless times he would open reputation within the United States. As CEO f he has shown tremendous leadership as he his own wallet if it meant improving the quality contributed to our country’s economic, manu- of life for Donora residents. He was chairman HONORING ROGER AND SUE FOX facturing, and innovation engines. of the Washington County Housing Authority, While serving as President and CEO of Sie- where he fought to construct a senior citizen HON. JOHN KATKO high-rise in Monongahela. Into his 90s, he still mens USA, Mr. Spiegel focused on electrifica- OF NEW YORK volunteered for Meals on Wheels and helped tion, automation, and digitalization. Siemens IN THE HOUSE OF REPRESENTATIVES USA is represented in all 50 states. transport residents with special needs to serv- Before joining the Siemens USA team, Mr. ices in nearby Charleroi. John was always Thursday, December 8, 2016 Spiegel gained 25 years of experience work- searching for new opportunities to help his Mr. KATKO. Mr. Speaker, I rise today to ing with many complex organizations during neighbors. In September of 2014, Mayor honor Roger and Sue Fox and their retirement his time in the consulting field and served as Lignelli decided to retire at the age of 93, cap- from the Oswego County Pioneer Search and the Managing Director of Booz Allen Hamilton ping off his four decades of service to the peo- Rescue Team. Roger and Sue became mem- International from 1999–2003, while living in ple of Donora and the Monongahela Valley. bers of the Oswego County Pioneer Search Tokyo. Mr. Spiegel managed the firm’s busi- Those who knew Chummy know his true and Rescue Team in 1994; Roger went on to ness in Asia, Latin America, and in the Middle passion was helping his community. I want to serve as Director for more than ten years. East in his role as Managing Director. Mr. honor Mayor Lignelli for his decades of dedi- Oswego County Pioneer Search and Res- Spiegel was a member of the Board of Direc- cation to public service, doing everything in his cue is a first tier response agency that works tors for Booz Allen Hamilton, Inc. and re- power to help his community. Mr. Speaker, with law enforcement to seek out those that mained a senior partner of Booz & Company’s Donora, Pennsylvania is known as the City of are lost or stuck in hazardous conditions. To- Global Energy, Chemicals and Power until tak- Champions, and they have lost a true cham- gether, Sue and Roger have generously vol- ing on his position at Siemens USA. pion of public service. unteered their time over the years to search

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.006 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1638 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 for missing persons in Oswego County and Mr. Kimble’s effective leadership has also en- ice, serving constituents in Idaho for 23 years, throughout New York State. Roger and Sue sured that the growing number of members 3 months and 2 days. Fox are fully trained in search and rescue has been served by a strong and loyal em- Julie began her career with Senator James techniques, land navigation, first aid, as well ployee base, evidenced by DATCU’s ranking McClure, a man who served our great state as survival methods. Roger and Sue are both by Texas Monthly as the 2nd Best Place to well and one whom I’ve always admired. She trained in National Incident Management Sys- Work in Texas in 2009 and 2010, as 4th best has worked for Senator Dirk Kempthorne, be- tems procedures and are certified Wild Land place in 2013 and 2014 and 17th in 2015. fore I was lucky enough to have her join my Search Crew Bosses. Roger and Sue have This recognition resulted from nominations by team on August 1, 2003. dedicated many years to the Oswego County the credit union’s own employees. There are people who call our office and will Pioneer Search and Rescue team and have Service to his community has also been a only talk to Julie. She treats people with kind- served their community honorably. hallmark for Mr. Kimble and his wife, Pamela. ness, respect and always helps them find the Outside of the Oswego County Pioneer In 2007, he and his wife were named as joint answer they are seeking—which is often not Search and Rescue Team, Roger and Sue recipients of the Boy Scouts of America-Den- an easy task. have served their country and their community ton Distinguished Citizens Award. In 2009, Over the years, Julie has touched so many faithfully. Roger is a 1974 graduate of the they were again jointly honored by Health lives, it is impossible to name them all. How- United States Naval Academy and served ten Services of North Texas’ Hearts and Heroes ever, Kathy, myself, and my entire staff will years in the Navy as a helicopter pilot, spe- with the ‘‘Founders Award.’’ Mr. Kimble has miss her greatly. cializing in search and rescue and anti-sub- also served in multiple North Texas commu- Congratulations Julie. I have a feeling you marine warfare. Roger and Sue were both nity organizations, including his role as the in- will be busy, but I hope you are not a stranger members of the Parish Fire Department; augural Chairman of the Board for Serve Den- and please know you will always be part of Roger served as Chief, and Sue as a volun- ton, Board Chairman of Denton Regional Med- Team SIMPSON. teer EMT. Roger served as Chairman of the ical Center, Health Services of North Texas, f New York State Federation of Search and and the Denton Rotary Club. PERSONAL EXPLANATION Rescue and was an instructor for the National I am pleased to honor Mr. Kimble for his Association for Search and Rescue. Sue years of dedicated work and service to his taught at the Town of Parish elementary profession and community and wish him as HON. PETER WELCH school and was a local Girl Scout Council much success in his retirement as he has had OF VERMONT Leader. in his career. It is privilege to represent Mr. IN THE HOUSE OF REPRESENTATIVES I am honored to recognize Roger and Sue Kimble, his family and DATCU in the U.S. Thursday, December 8, 2016 Fox for their lifelong commitment to public House of Representatives. Mr. WELCH. Mr. Speaker, I was unable to service and their dedication to our local com- f vote on Roll Call 608. I would have voted munity. On behalf of the entire Central New ‘‘Aye’’ on Roll Call 608 had I been there. York community, I would like to thank Roger HONORING JOHN KIMPEL and Sue for their dedication to serving our f local community and I wish them the very best HON. SAM GRAVES PERSONAL EXPLANATION in their retirement. OF MISSOURI f IN THE HOUSE OF REPRESENTATIVES HON. ROBERT HURT IN RECOGNITION OF DALE E. Thursday, December 8, 2016 OF VIRGINA KIMBLE Mr. GRAVES of Missouri. Mr. Speaker, I IN THE HOUSE OF REPRESENTATIVES proudly pause on Pearl Harbor Day to recog- Thursday, December 8, 2016 HON. MICHAEL C. BURGESS nize John Kimpel, a native of the Kansas City Mr. HURT of Virginia. Mr. Speaker, I was OF TEXAS area and a veteran of World War II. not present for Roll Call vote Number 613 on IN THE HOUSE OF REPRESENTATIVES Mr. Kimpel served in the 44th Armored In- H.R. 5143, the Transparent Insurance Stand- fantry Division in the European theater, where Thursday, December 8, 2016 ards Act of 2016. Had I been present, I would he received the Purple Heart after being have voted ‘‘yes.’’ Mr. BURGESS. Mr. Speaker, I rise today to wounded by a German shell on March 3, f recognize Dale E. Kimble, Chief Executive Of- 1945. Mr. Kimpel received shrapnel wounds in ficer of DATCU, as he retires after nearly forty his arm and both legs, which required almost HONORING ASHER WEINBAUM years in the financial services sector and also two years’ worth of therapy and rehabilitation for his tireless community service in Denton to recover from. After receiving his discharge, HON. SAM GRAVES County. Mr. Kimpel worked for a short time at the Gen- OF MISSOURI Since joining DATCU in 2001, Mr. Kimble eral Motors plant in Fairfax, Kansas, followed IN THE HOUSE OF REPRESENTATIVES has dynamically led the Credit Union to double by a long career maintaining buses and equip- Thursday, December 8, 2016 digit growth, increasing the assets of the insti- ment for the Shawnee Mission School District tution from $180 million to $868 million and and the Kenneth Smith Golf Company. When Mr. GRAVES of Missouri. Mr. Speaker, I more than doubling the membership of the many would have sought out a quiet retire- proudly pause to recognize Asher Weinbaum. Credit Union from 40,000 to over 88,000 ment, Mr. Kimpel continued to volunteer at the Asher is a very special young man who has members. Under his leadership, DATCU re- Johnson County Christmas Bureau for 25 exemplified the finest qualities of citizenship cently completed their construction and reloca- years, crafting many pieces for their Christmas and leadership by taking an active part in the tion of its core operations to the new 52,000 displays. Boy Scouts of America, Troop 1376, and earn- square foot Corinth headquarters, providing Mr. Speaker, I proudly ask you to join me, ing the most prestigious award of Eagle Scout. much needed support for their growing assets his friends, and his family in recognizing John Asher has been very active with his troop, and membership. During his tenure, DATCU Kimpel for his accomplishments and his serv- participating in many scout activities. Over the has expanded the number of Denton County ice to his country and his community. many years Asher has been involved with branch locations from four to ten. f scouting, he has not only earned numerous Through this tremendous growth, Mr. Kimble merit badges, but also the respect of his fam- has ensured the financial stability of the orga- RECOGNIZING THE RETIREMENT ily, peers, and community. Most notably, nization, recently ranked 7th best performing OF JULIE HARWOOD Asher has led his troop as the Patrol Leader large credit union in 2012 by SNL Financial. and Quartermaster. Asher has also contrib- DATCU has had consistent recognition as a HON. MICHAEL K. SIMPSON uted to his community through his Eagle Scout five-star rated institution by Bauer Financial OF IDAHO project. Asher constructed a 160 foot path for and recognition by IDC Financial Publishing as IN THE HOUSE OF REPRESENTATIVES Immacolata Manor in Liberty, Missouri, pro- one of the few credit unions to achieve a per- viding a safe walkway for the home for women fect score of 300, accomplished in both 2010 Thursday, December 8, 2016 with developmental disabilities. and 2011. In addition, Deposit Accounts.com Mr. SIMPSON. Mr. Speaker, I rise today to Mr. Speaker, I proudly ask you to join me in has named DATCU a ‘‘Top 200’’ of the ap- recognize the retirement of Julie Harwood. commending Asher Weinbaum for his accom- proximate 6,500 credit unions in the country. Julie has dedicated her career to public serv- plishments with the Boy Scouts of America

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.011 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1639 and for his efforts put forth in achieving the Republican, has led legal fights against some a pastor in his church. His hard work allowed highest distinction of Eagle Scout. of President Barack Obama’s most significant him to provide a safe and happy home for his f environmental rules, and one of his major family, put his children through college, and roles as EPA administrator would likely be to enjoy a peaceful retirement with his grand- RECOGNIZING RAMSAY HIGH roll back those regulations.’’ children and great grandchildren. Before his SCHOOL IN BIRMINGHAM, ALA- President-elect Trump stated that Attorney passing in 2011, he would reflect on his life’s BAMA ON ITS FIRST STATE General Pruitt will, ‘‘restore the EPA’s essen- work saying that he was grateful because God FOOTBALL CHAMPIONSHIP tial mission of keeping our air and our water allowed him to spend his life working around clean and safe.’’ roses. HON. TERRI A. SEWELL As the grateful father of South Carolina’s At- Jose describes his grandfather as his best OF ALABAMA torney General Alan Wilson, I know firsthand friend and role model. Rafael taught Jose the IN THE HOUSE OF REPRESENTATIVES the tenacity and dedication to upholding the values of hard work and service to God, fam- Thursday, December 8, 2016 Constitution and protecting American families ily, and community. These are the values that that state Attorneys General have. I look for- inspire Jose to dedicate his life to public serv- Ms. SEWELL of Alabama. Mr. Speaker, ward to Attorney General Pruitt’s success in today I rise to recognize the Ramsay High ice and are the legacy he passes on to his his new role, promoting limited government children. School Rams 2016 Football Team for winning and expanded freedom. the Alabama High School Athletic Associa- In conclusion, God Bless Our Troops and I am honored to recognize Rafael Rodriguez tion’s Class 6A state football championship on may the President by his actions never forget Valle for dedication to his family and service to Friday, December 2, 2016. September 11th in the Global War on Ter- the country. The Rams defeated the Opelika Bulldogs rorism. 21–16, which gave Ramsay its first state foot- f f ball championship ever and the first for a Bir- mingham City School since another area high CONGRATULATIONS TO THE RECOGNIZING THE SOUTHERN school won back to back state titles in 1972 MAYWOOD SENIORS CLUB LITERACY TOURISM INITIATIVE and 1973. Mr. Speaker, what makes this victory even HON. DANNY K. DAVIS more special is that Ramsay discontinued its OF ILLINOIS HON. TERRI A. SEWELL football program after the 1976 season, and IN THE HOUSE OF REPRESENTATIVES OF ALABAMA didn’t resume the sport for 36 years until hiring Thursday, December 8, 2016 its current coach, Rueben Nelson Jr., in the IN THE HOUSE OF REPRESENTATIVES Spring of 2011. Mr. DANNY K. DAVIS of Illinois. Mr. Speak- Thursday, December 8, 2016 The Rams officially returned to the field in er, I rise to congratulate the Village of May- 2012, suffering through a one-win season and wood and the 250 seniors who with the Hon- Ms. SEWELL of Alabama. Mr. Speaker, two wins the following season. The program is orable Mayor Edwina Perkins, Board of Trust- today I rise to challenge my colleagues to help without football lockers, a football stadium, ees and the Honorable Village Clerk Viola promote the local economy of their districts in and many of the amenities that often lead to Mims, and other dignitaries as they gather on a new way: through the power of a story set success. Yet, the players and coaches have Wednesday, December 14th at their 9th An- in a real place. Our greatest resource in this persevered, and have now reached the pin- nual Christmas Party and Dinner at Mariella’s nation has always been our people and their nacle of success. Banquet Hall. This event climaxes another ability to unleash their talents in innovative Speaking to their accomplishment following year of engagement, fellowship, activities, in- ways that promote progress and prosperity. I the game, Coach Nelson stated, ‘‘God allowed formation and healthy meals for the 250 mem- recently witnessed one such innovation when me to put my hands in His hands and He bers. During 2016, these 250 members had I was invited to present a tourism fiction award would lead the way. It’s not like I’m the head exercise sessions, visited Brookfield Zoo and in my district through the Southeastern Lit- coach. He’s the head coach and I’m just the the DuSable Museum of African American His- erary Tourism Initiative. servant. He allows me to work with kids.’’ tory, interacted with Promise East High School For those of you who are unfamiliar with The Rams were 13–2 this season, and were during Black History Month and benefitted tourism fiction, the concept is simple: write led by their left-handed, Senior quarterback from programs sponsored by the Secretary of stories set in real places, stories that capture Baniko Harley, who rushed for 158 yards on State of Illinois and participated in a power of the imaginations and hearts of readers, and 21 carries and completed 8 of 18 passes for attorney workshop. then invite those same readers to visit the 132 yards and two scores in the winning ef- They also held weekly meetings, had a sen- places. fort. ior prom, outdoor jazz night and an R & B I want to extend heartfelt congratulations to night. As my colleagues may know from their own these outstanding players and Coach Nelson. I commend the Maywood Seniors Club and districts, tourism is an economic driver that at- We are very proud of the team, and I am con- urge them to keep their spirits high. tracts welcomed spending on local attractions, fident these young men have bright futures f hotels, restaurants, and other places that help ahead for them, and will look back proudly on drive local economies and provide jobs. If writ- CELEBRATING THE LIFE AND their achievement. ers are already producing books and short I ask my colleagues to join me in recogni- SERVICE OF RAFAEL RODRIGUEZ stories, then why not ask them to set those tion of this team’s outstanding achievement. VALLE stories in real places that their readers would May their efforts continue to yield great suc- love to visit? cess in the years ahead. HON. ALAN GRAYSON That is exactly what an innovative writing f OF FLORIDA contest did in my home district. The South- IN THE HOUSE OF REPRESENTATIVES eastern Literary Tourism Initiative or SELTI, CONGRATULATIONS ATTORNEY Thursday, December 8, 2016 teamed up with the Selma Chamber of Com- GENERAL SCOTT PRUITT Mr. GRAYSON. Mr. Speaker, I rise today to merce to challenge writers to compose a short HON. JOE WILSON honor the life of Rafael Rodriguez Valle, a story aimed at encouraging readers to visit the World War II veteran, entrepreneur, pastor, area. The 2016 winner of the contest, Charisa OF SOUTH CAROLINA and late grandfather of my staff member Jose Hagel, wrote a powerful story that brought a IN THE HOUSE OF REPRESENTATIVES Rafael Rodriguez. local historical attraction to life through her fic- Thursday, December 8, 2016 Rafael was a product of America’s greatest tional characters. At the end of the story, read- Mr. WILSON of South Carolina. Mr. Speak- generation. He grew up during the Great De- ers were invited to visit the real place, Kenan’s er, today, President-elect Donald Trump se- pression in Puerto Rico and moved to New Mill in Selma, Alabama, and literally step into lected Oklahoma Attorney General Scott Pruitt York City after his service in the U.S. Army the setting of Charisa’s story. While there, to serve as administrator of the Environment during World War II. There he married the they can also visit the National Voting Rights Protection Agency—yet another positive love of his life, Josefa, with whom he spent Museum and many other unique local attrac- choice for the American people. the rest of his life. He eventually returned to tions. A recent article in the Wall Street Journal his beloved Puerto Rico to raise his family and I will soon be honored to present Ms. notes, ‘‘As the chief legal officer of a major oil open a flower shop. On his time off, Rafael Charisa Hagel, a student at Faulkner Univer- and natural-gas producing state, Mr. Pruitt, a volunteered as a neighborhood watchman and sity in Montgomery, Alabama, with the 2016

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.014 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1640 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016

SELTI Tourism Fiction Award at Kenan’s Mill Congresswoman CAPPS has provided valuable Home Buyer program, the Cal Home Program, in Selma. The attraction Ms. Hagel wrote insight on public health issues in Congress. and the Community Development Block Grant about in the Selma contest is not well known I’ve enjoyed working with her on the Energy Housing Rehab Program which helped to as- outside the local area, but now anyone with & Commerce Health Subcommittee on issues sist families to repair and replace damaged internet access can read about it through her that impact everyday Americans . . . from en- and dilapidated homes. Supervisor Terrazas story. How many attractions in your districts suring people have affordable healthcare . . . was also committed to protecting water in his deserve to be written about and promoted in to bolstering medical research . . . to community and launched a study to determine the same way? strengthening programs like Medicare. the condition and capabilities of the current As a legislative body, we often differ on our Congresswoman CAPPS has also been an miter systems. All his hard work and dedica- views for creating economic opportunity in the important environmental advocate during her tion was acknowledged in 2015 when Super- country. However, I feel that we can all agree time in Congress. She understands the con- visor Terrazas was recognized with the Sure that we want writers in our districts that can nections between public health and our chang- Helpline Crisis Center 2015 and Inspirational help tell the history of those areas through en- ing climate . . . and has continuously fought People of the Community Awards. gaging stories with characters who win the to ensure that future generations in Santa Bar- Supervisor Terrazas worked tirelessly to ad- hearts of readers, while also bringing in new bara . . . and across the country . . . have vance community and economic development tourism dollars. clean air to breathe. in Imperial County through the growth of a ro- f I’m grateful to all of my departing colleagues bust renewable energy industry. He helped from the great state of California. Each of you keep the county fiscally sound while pre- RETIRING MEMBERS has brought a unique and important perspec- serving jobs, improving service quality, and tive to Congress . . . and I will miss the in- advocating for Imperial County at the state SPEECH OF sights and friendship that you have provided and federal level. Supervisor Terrazas has HON. DORIS O. MATSUI me over the years. four grown children, eight grandchildren, and OF CALIFORNIA Thank you for your service to our great na- four great-grandchildren and currently resides IN THE HOUSE OF REPRESENTATIVES tion . . . and I wish you all the best of luck as in El Centro with his wife of over forty years, you enter into the next chapter of your lives Frances. Wednesday, December 7, 2016 back in California. f Ms. MATSUI. Mr. Speaker, I rise to honor Know that you will always be welcome back my fellow Californians who I have had the here in the Nation’s Capital. TRIBUTE TO THE AFRICAN SERVICES COMMITTEE honor of working with here in the House of f Representatives. SAM FARR has spent more than two dec- IN HONOR OF JESUS ‘‘JACK’’ HON. JOSE´ E. SERRANO TERRAZAS ades serving the Central Coast in Congress OF NEW YORK . . . and so many years before that serving IN THE HOUSE OF REPRESENTATIVES locally. HON. JUAN VARGAS Thursday, December 8, 2016 He has been a longtime advocate for our OF CALIFORNIA veterans and military families in California. IN THE HOUSE OF REPRESENTATIVES Mr. SERRANO. Mr. Speaker, it is with great And he always stands up for essential envi- pleasure and admiration that I stand before Thursday, December 8, 2016 ronmental protection efforts . . . and ocean you today to honor African Services Com- conservation. Mr. VARGAS. Mr. Speaker, I rise today in mittee, Inc. for their many years of selfless Because of Congressman FARR . . . many honor of Imperial County Supervisor Jesus and compassionate service to the African of our natural treasures in California will be ‘‘Jack’’ Terrazas who is retiring from public community, and all of our community’s resi- preserved. He will be greatly missed, but I service. Supervisor Terrazas graduated from dents. know he will enjoy spending more time in his San Diego State University-Imperial Valley Founded in 1981 by Ethiopian refugees to beautiful hometown of Carmel. Campus and is a licensed Life, Health, Fire give a helping hand to other newcomers, My friend MIKE HONDA will be returning and Casualty Insurance Broker. He was elect- today African Services is a multiservice agen- home to California after serving more than 35 ed to the Imperial County Board of Super- cy based in Harlem and dedicated to assisting years as an elected official . . . and 16 years visors in June of 2008. Supervisor Terrazas immigrants, refugees and asylees from across as a member of Congress . . . representing represents the communities of Heber, El the African Diaspora. the people of Silicon Valley. Centro, and Ocotillo and is serving his second Their programs address the needs of new- Congressman HONDA has worked tirelessly term. comers affected by war, persecution, poverty, on behalf of those who don’t have a voice Supervisor Terrazas currently serves as and global health inequalities. The agency . . . serving as an important advocate for un- Chairman of the Board and is a Board rep- provide health, housing, legal, educational, derserved communities. He has always under- resentative on the Imperial County Employees and social services to 12,500 people each stood the importance of closing gaps in edu- Retirement System, the Imperial County year. Staff representing more than 20 coun- cation for our young people . . . and has put Transportation Commission, the Southern tries and speaking over 25 languages provide that on the forefront of his work in Congress. California Association of Governments, the culturally and linguistically relevant support to Congressman HONDA has dedicated his life Local Transportation Authority, and the Serv- this diverse and growing community. to public service . . . and we’re incredibly ice Authorities for Freeway Emergencies. Su- Expanding HIV prevention and access to grateful for all that he has done for the people pervisor Terrazas is also an alternate for the AIDS treatment and care is central to their of California. I know he will continue to be an Local Area Formation Commission and Cali- mission. African Services has taken this work important voice on the issues he cares about. fornia State Association of Counties. Prior to from Harlem to the frontlines of the global JANICE HAHN has always been willing to being elected to the Board of Supervisors, Su- pandemic and now operates five HIV clinics in tackle important issues in Congress. I’m par- pervisor Terrazas served three terms as an El Ethiopia. ticularly grateful for her work to ensure we are Centro City Councilmember where he was ap- African Services Committee was started in strengthening infrastructure in California . . . pointed Mayor three times. In addition, Super- 1981 in a Bronx basement apartment by and for her advocacy on behalf of women. visor Terrazas served as a member of the El Asfaha Hadera. Asfaha arrived in the United I know that as she transitions to her new Centro Regional Medical Center Board of States having experienced first-hand the reali- role as Los Angeles County Supervisor . . . Trustees for eleven years and on the Board of ties of refugee life. Asfaha fled his home coun- she will continue to deliver results for her re- Directors of the Imperial County Work Training try of Ethiopia in 1977 for refugee camps in gion. Center. Sudan, before emigrating to the U.S. in 1979. Congresswoman LORETTA SANCHEZ has During his years of public service, Super- Upon arrival, he saw a lack of assistance for been an important advocate for women in the visor Terrazas contributions to the community others, like himself, who were refugees from military . . . and a leader on immigration have been numerous. He was committed to conflicted areas throughout Africa. So, he es- issues. I’m grateful for her decades of service the completion of numerous projects including, tablished the organization to give a helping here in Congress. the improvement of roads, sidewalks, and hand to other African newcomers and, with I will also dearly miss LOIS CAPPS . . . who public facilities in the Heber community. Su- Kim Nichols, began refugee resettlement pro- I have had the pleasure of serving with for pervisor Terrazas also supported a variety of grams in New York City. As immigration from many years. As a former school nurse . . . housing programs such as, the First Time the continent increased, their offices expanded

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K08DE8.016 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1641 to their current home in West Harlem, and Af- land and space conveniently located to neigh- child, and then studied engineering thinking rican Services’ priorities widened to include borhoods that is ripe for agriculture develop- she would get into a technical aspect of the in- broader support services for African immi- ment. We must support and encourage the dustry, but after an internship at an airport, grants coming to the United States including, means to development these plots so they be- Rachel became intrigued with the policy side but not limited to: HIV/STD/TB/Hepatitis B and come local sources of wholesome food op- of transportation and, in particular, aviation. In- C testing, diabetes & blood pressure testing, tions. deed, Rachel began her career on Capitol Hill legal services, immigration assistance, advo- My bill will spur the development and ex- serving as Staff Assistant for the Full Com- cacy, and policy work. pansion of community agriculture in nontradi- mittee in 1999 and, just a short time later, the The services have expanded to serve over tional agricultural production areas across this Subcommittees on Aviation and Railroads, a 12,000 people each year in their Harlem loca- great nation. foreshadowing of her accomplishments to tion and continue to grow each year. Though Mr. Speaker, urban and suburban farming come. they are based in Harlem, they primarily serv- and food production is a viable solution to Rachel went on to serve as Manager of ice the African community in the Bronx. support healthier dietary options and improve Legislative Affairs for the Aircraft Owners and Mr. Speaker, I respectfully ask that you and overall health of communities. The Urban Agri- Pilots Association; an attorney at Coddington, my other distinguished colleagues join me in culture Production Act is the appropriate Hicks & Danforth in Redwood City, California; honoring African Services Committee, Inc. for means to further develop alternative, more and then, in 2009, Counsel for the Sub- their consistently remarkable dedication to urban agricultural production and to help meet committee on Railroads, Pipelines, and Haz- servicing the African community. all communities’ food production needs of the ardous Materials for the Committee on Trans- f future. portation and Infrastructure. In that role, she f helped lead efforts to investigate the Office of URBAN AGRICULTURE Hazardous Materials Safety of the Pipeline PRODUCTION ACT RECOGNIZING DREW KERIN and Hazardous Materials Safety Administra- tion, which resulted in numerous improve- HON. MARCY KAPTUR HON. MIKE COFFMAN ments to the Department of Transportation’s OF OHIO OF COLORADO hazardous materials safety program. She also IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES played a key role in defeating Republican ef- forts to privatize Amtrak, our national pas- Thursday, December 8, 2016 Thursday, December 8, 2016 senger rail system before landing on the Avia- Ms. KAPTUR. Mr. Speaker, I rise today to Mr. COFFMAN. Mr. Speaker, I rise today to tion Subcommittee. proudly submit the Urban Agriculture Produc- recognize a dedicated member of my staff, Mr. Rachel’s understanding of complex trans- tion Act of 2016. Drew Kerin, who will be retiring from my office portation safety issues has been an asset to Across America, too many urban neighbor- at the end of the year. the Committee for over a decade. Rachel was hoods are absent stores where community Mr. Kerin began working in my Colorado instrumental in drafting significant pieces of members can purchase fresh, healthy foods. District Office in 2010 after a long career legislation including H.R. 4441, the ‘‘Aviation More than 23 million individuals reside in teaching elementary school in Mexico, Texas, Innovation, Reform, and Reauthorization Act these so called ‘‘food desert’’ neighborhoods, and Colorado. During his seven years in my of 2016’’; An Act to allow the Administrator of where no stores are located within one mile in office, he has served countless constituents the Federal Aviation Administration to enter which they can buy healthy food. with a smile and a caring spirit. into reimbursable agreements for certain air- Without accessible healthy options, all that Drew is still a teacher at heart as he is able port projects (P.L. 114– ); and the FAA Exten- is available and affordable is unhealthy, proc- to share wonderful anecdotes from history, sion, Safety, and Security Act of 2016 (P.L. essed, junk-food. The Urban Agriculture Pro- sports, and personal stories about former stu- 114–190). The latter legislation includes provi- duction Act is a step to correct this unaccept- dents that can quickly warm your heart. He is sions that will substantially improve aviation able trend. an avid sports fan, a dog lover, and someone safety and accommodate an emerging group I am pleased to recognize and support the both my staff and I are proud to call a friend. of new airspace users who operate unmanned growing resurgence of locally grown and pro- I am grateful for Drew’s tireless work on be- aircraft. duced product happening across our great half of Colorado’s Sixth Congressional District Last month, Rachel was appointed Federal country. I see it in my own community at the and I wish him all the best in retirement. Policy Advisor for the Denver International Air- Sustainable Local Foods and the Toledo f port. Her expertise and counsel will be truly Grows Community Garden. missed. Individuals, non-profits, and co-ops have TRIBUTE TO RACHEL CARR I join my colleagues on the Transportation stepped up to take action to address the chal- Committee in wishing Rachel and her dog, lenge of access to healthy food, and devel- HON. PETER A. DeFAZIO Sasha, all the best in her new endeavor. oped local food sources and community gar- OF OREGON f dens to provide fresh, affordable produce IN THE HOUSE OF REPRESENTATIVES RECOGNIZING KERVEN W. CARTER, throughout underserved communities. Not only JR. are they growing product to provide to com- Thursday, December 8, 2016 munities, they are also engaging and encour- Mr. DEFAZIO. Mr. Speaker, I rise today to aging community participation throughout the recognize Rachel Carr, who has served as HON. MARC A. VEASEY stages of growth and production. Counsel for the Subcommittee on Aviation for OF TEXAS They are reconnecting community members the Committee on Transportation and Infra- IN THE HOUSE OF REPRESENTATIVES to Mother Earth and how to farm in the proc- structure, U.S. House of Representatives, Thursday, December 8, 2016 ess. since I became Ranking Member in 2013. As Mr. VEASEY. Mr. Speaker, I rise today to As the ancient proverb says, ‘‘give a man a a long-time Member of the Committee, I have recognize the life of Mr. Kerven W. Carter Jr., fish and you feed him for a day; teach a man had the pleasure of working with Rachel on a cherished Stop Six educator and beloved to fish and you feed him for a lifetime.’’ And numerous transportation issues, from rail- member of the Fort Worth community, who so goes my bill, the Urban Agriculture Produc- roads, pipelines, and hazardous materials was laid to rest on October 25, 2016. tion Act. safety to unmanned aircraft systems and ef- Kerven Wyncelar Carter was born on Octo- The measure will encourage economic de- forts to defeat faulty legislative proposals to ber 15, 1922 in Wortham, Texas. His family velopment in underserved communities by fur- privatize the Air Traffic Control system. Her eventually relocated to Fort Worth, Texas thering the mission of local farming. It provides hard work and wise counsel have been invalu- where he ultimately graduated from the his- programmatic funds to educate people on able to me and to many Members of the Com- toric I.M. Terrell High School. Following his health and wellness, supports marketing and mittee, and I look forward to continuing to high school graduation, Mr. Carter earned a development networks, and will inspire com- work with her as she embarks on a new en- bachelor’s degree from Wiley College and munities to create self sufficient food produc- deavor. continued his education at the University of tion systems to stimulate community develop- Rachel is a long-time aviation lover. In a re- Denver, University of Southern California and ment and healthy eating options. cent Congressional Quarterly article which fea- University of Wyoming. Throughout our urban and suburban com- tured key staff on Capitol Hill, Rachel remi- In addition to demonstrating a commitment munities there is an abundance of unused nisced about how she went to air shows as a to furthering his own education, Mr. Carter

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.010 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1642 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 was a distinguished educator in his own right. ment in winning the 2016 CIF Division 5 her Emergency Medical Services (EMS) ca- He served as a professor at Wiley College Championship. reer with training at the Santa Rosa Junior and worked in various capacities at the Fort f College Fire Academy in 1992 and Paramedic Worth Independent School District. Mr. Carter Academy in 1994. For more than two dec- ended his career in education working in ad- IN RECOGNITION OF BAN KI-MOON, ades, Ms. Gossner has been an enthusiastic ministration and teacher appraisal work and 8TH SECRETARY GENERAL OF and generous emergency responder. was later recognized for his commitment to THE UNITED NATIONS To help others further their EMS careers, education when he was selected as an hon- Ms. Gossner became an Adjunct Faculty for oree by Tarrant County Community College HON. EDWARD R. ROYCE the Santa Rosa Public Training Center. During during the dedication of its Opportunity Center OF CALIFORNIA her career, Ms. Gossner has also worked as Resource. IN THE HOUSE OF REPRESENTATIVES a volunteer firefighter with the Windsor Fire Mr. Carter was also dedicated to serving his Thursday, December 8, 2016 Protection District and as a rescue operation community outside of the classroom. He flight paramedic with the Sonoma County Mr. ROYCE. Mr. Speaker, I rise today to served as Deacon and Chairman of Finance Sheriff’s Helicopter. Her commitment and di- recognize and commemorate the tenure of and Superintendent in the Youth Sunday verse experience exemplify the dedication and Ban Ki-moon, the 8th Secretary General of the School at his church. Additionally, he was a character of our community’s best public serv- United Nations. His appointment and inau- proud member of Alpha Phi Alpha Fraternity, ants. guration nearly ten years ago marked a his- Inc. for more than 75 years and co-founded Mr. Speaker, I thank Ms. Gossner for her toric achievement for the Republic of Korea. the Texas Council of Alpha chapters. He was dedication to our community’s safety. For this In his two terms in office, Secretary General a president of the Texan Christian University reason, it is fitting and proper that I honor her Ban has advanced the cause of global peace chapter of Phi Delta Kappa International Edu- here today. through his work on economic, security, and cation Fraternity, co-founder of the Texas human rights issues. f State Teacher’s Association, and a Master He remains firmly and resolutely committed EXCHANGE OF LETTERS ON S. 1632 Prince Hall Mason, where he served as Grand to the UN’s long-term development goals and Treasurer and Grand Worshipful Master. to helping those who suffer from international SPEECH OF f crises and humanitarian disasters. His leadership on global threats, such as HON. EDWARD R. ROYCE CONGRATULATING THE CULVER OF CALIFORNIA the spread of infectious diseases, and the pro- CITY HIGH SCHOOL GIRLS VAR- IN THE HOUSE OF REPRESENTATIVES SITY VOLLEYBALL TEAM liferation of weapons of mass destruction, has contributed to international peace and security. Wednesday, December 7, 2016 HON. KAREN BASS And he has worked tirelessly to advance Mr. ROYCE. Mr. Speaker, I include in the human rights around the world. Secretary RECORD the following letters exchanged be- OF CALIFORNIA General Ban has promoted women’s em- tween myself and the gentleman from Cali- IN THE HOUSE OF REPRESENTATIVES powerment and gender equality everywhere, fornia, Mr. NUNES, Chairman of the Permanent Thursday, December 8, 2016 and fought to improve human rights in North Select Committee on Intelligence, regarding S. Ms. BASS. Mr. Speaker, today I congratu- Korea. 1632, an Act to require a regional strategy to Under his tenure, the UN’s Commission of late the Culver City High School Girls Varsity address the threat posed by Boko Haram. Inquiry on Human Rights in the Democratic Volleyball Team. HOUSE OF REPRESENTATIVES, People’s Republic of Korea put together the Under the leadership of Coach Tanner COMMITTEE ON FOREIGN AFFAIRS, most comprehensive report to date on the hor- Siegal and Assistant Coach Eriko Gambol, for Washington, DC, December 8, 2016. rific abuses carried out by the Kim regime. As the first time in Culver City High School Hon. DEVIN NUNES, this report found, these abuses ‘‘shock the Chairman, Permanent Select Committee on In- (CCHS) history, the Girls Varsity Volleyball conscience of humanity,’’ and demand that we telligence, Washington, DC. team, the Lady Centaurs, has won the 2016 hold the regime accountable. DEAR MR. CHAIRMAN: Thank you for con- California Interscholastic Federation (CIF) Divi- Before serving as Secretary General of the sulting with the Committee on Foreign Af- sion 5 Championship. fairs on S. 1632, a bill to require a regional UN, Ban Ki-Moon served as South Korean I salute the team members for the enthu- strategy to address the threat posed by Boko Foreign Minister, where he worked towards siasm and competitive play that won the team Haram, and for agreeing to be discharged denuclearizing the Korean peninsula. and the school this distinction: Octavia Mott- from further consideration of that bill so I hope that the next Secretary General will Collins, Megan Shimoda, Alyssa Hernandez, that it may proceed expeditiously to the continue Secretary General Ban’s work to ad- Floor. I concur in your understanding that Katrina McCoy, Jessica Stewart, Carmen vance the UN’s mission of peace and pros- the assessment required by section 1(b) shall Reyna, Destiny Padilla, Jayli Nealy, Haien An- perity around the world. be conducted and provided in a manner that derson, Sonya Allen, Sarah Miller, Neusha As Chairman of the House Foreign Affairs protects intelligence sources and methods. Parsa, McKenna Stevens, Lena Johnson, Committee, I wish to recognize Secretary I agree that your forgoing further action on this measure does not in any way dimin- Layla Grant Lauren Tishkoff, Krista Her- General Ban Ki-moon’s service to the United nandez. ish or alter the jurisdiction of your Com- Nations, to express my deep appreciation for mittee, or prejudice its jurisdictional prerog- I would also like to recognize the many peo- his contributions to global peace and security, ple who dedicated time and energy to the atives on this measure or similar legislation and to extend my sincere best wishes for his in the future. team’s success: first and foremost, the team future endeavors. I urge my colleagues to do I will seek to place our letters on S. 1632 members’ parents and guardians; Dr. Joshua the same. into the Congressional Record during floor Arnold, Culver City Superintendent of Edu- consideration of the bill. I appreciate your cation; Dr. Lisa Cooper, CCHS Principal; f cooperation regarding this legislation and DuBois McMillan, Assistant Principal for Ath- HONORING CHRISTINA GOSSNER look forward to continuing to work with letics; Tom Salter, Athletic Director; and last your Committee as this measure moves but not least, the Culver City High School through the legislative process. HON. MIKE THOMPSON Sincerely, Band and Cheerleaders, who participated in OF CALIFORNIA EDWARD R. ROYCE, both home and away games. IN THE HOUSE OF REPRESENTATIVES Chairman. No team reaches the top of its division with- Thursday, December 8, 2016 out a passion for improving both individual HOUSE OF REPRESENTATIVES, PER- skills and its strengths as a team. Becoming Mr. THOMPSON of California. Mr. Speaker, MANENT SELECT COMMITTEE ON IN- Division 5 Champions required that the Lady I rise today to honor Christina Gossner, whom TELLIGENCE, Centaurs give their best effort at every prac- I have named a 2016 Public Safety Hero of December 7, 2016. tice, demonstrate good sportsmanship, and the Year for Sonoma County in California’s 5th Hon. ED ROYCE, build their teamwork from one game to the Chairman, House Committee on Foreign Affairs, Congressional District. This award is given to Washington, DC. next. exceptional members of our community who DEAR CHAIRMAN ROYCE: On September 24, I ask my colleagues to join me in saluting perform beyond their duty as a public servant. 2015, S. 1632, ‘‘A bill to require a regional the Culver City High School Girls Varsity A paramedic with American Medical Re- strategy to address the threat posed by Boko Volleyball team for its outstanding achieve- sponse (AMR) Sonoma, Ms. Gossner started Haram,’’ was referred to the Committee on

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.014 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1643 Foreign Affairs, and in addition, to the Per- board members. It has gone through three ac- Major Sparks was instrumental in devel- manent Select Committee on Intelligence. creditation processes, received two four-star oping strategic relationships with Members of In order to expedite the House’s consider- ratings, and most recently, a five-star rating. Congress and their staffs throughout the 114th ation of the bill, the Permanent Select Com- mittee on Intelligence will forego consider- The five-star rating elevated the Chamber into Congress as a Legislative Liaison to the ation of the measure. This courtesy is, how- the highest class possible and defined it as an House of Representatives. His expertise ever, conditioned on our mutual under- outstanding organization and facilitator of local proved critical in providing requisite support for standing and agreement that it will in no commerce. Army and DoD initiatives. Through these rela- way diminish or alter the jurisdiction of the Mr. Seitz’s work both as president of the tionships he ensured Congressional decision Permanent Select Committee with respect Chamber and in his other public service exem- makers had accurate and timely information to any future jurisdictional claim over the plifies his dedication to Indiana. Mr. Speaker, on Army programs, policies and priorities; his subject matter contained in the bill or any I am honored to ask my colleagues to join me hard work directly impacted future defense similar measure. It is also conditioned on in congratulating Mr. Michael Seitz upon his our mutual understanding and agreement legislation and built upon the Army’s equities. that the Director of National Intelligence retirement after nearly three decades of hard Major Bishop Sparks is a native of West shall carry out the assessment required by work and dedication to improving the business Palm Beach, Florida. Bishop enlisted in the Subsection 1(b) of the bill consistent with environment of Northern Indiana. I am grateful Wisconsin Army National Guard in 2003 as the protection of intelligence sources and for his public service and wish him the very the Fire Direction Specialist (13P). Bishop methods. best in all of his future endeavors. graduated from Concordia University Wis- I would appreciate your response to this f consin with a degree in Justice and Public letter confirming this understanding and Policy and was commissioned as a Second would request that you include a copy of this CONGRATULATIONS TO MARINE Lieutenant in 2006. letter in the Congressional Record during its CORPS GENERAL JOHN KELLY floor consideration. Thank you in advance After completion of the Field Artillery Officer for your cooperation. Basic Course, Major Sparks was assigned to Sincerely, HON. JOE WILSON the 2–2nd Infantry Regiment, 1st Infantry Divi- DEVIN NUNES, OF SOUTH CAROLINA sion, Fort Hood, Texas. While assigned to 2– Chairman. IN THE HOUSE OF REPRESENTATIVES 2nd Infantry Regiment, Major Sparks served f Thursday, December 8, 2016 as a Company Fire Support Officer. Major Sparks was later assigned to 1–6th Field Artil- Mr. WILSON of South Carolina. Mr. Speak- HONORING MICHAEL SEITZ FOR lery, 1st Infantry Division. While assigned to er, reports indicate that President-elect Donald HIS YEARS OF DEDICATED 1–6th Field Artillery, Major Sparks served as a Trump plans to select former Marine Corps LEADERSHIP OF THE GREATER Platoon Leader and Executive Officer deploy- General John Kelly to run the Department of LA PORTE CHAMBER OF COM- ing in support of OPERATION ENDURING Homeland Security—yet another excellent ap- MERCE FREEDOM from July 2008 through July 2009. pointment which will protect American families. In 2009, Major Sparks attended the Field The Washington Times announced, ‘‘Gen- Artillery Captain’s Career Course (FACCC). HON. JACKIE WALORSKI eral Kelly caught the eye of Mr. Trump’s top OF INDIANA After graduating the FACCC, Major Sparks advisers with a forceful appearance before was assigned to 1–12th Cavalry Regiment, 1st IN THE HOUSE OF REPRESENTATIVES Congress in 2014 and 2015, where he said he Cavalry Division where he served as a Bat- Thursday, December 8, 2016 was shocked at how easily smugglers were talion Fire Support Officer and deployed in able to penetrate the U.S.-Mexico border, and Mrs. WALORSKI. Mr. Speaker, I rise today support of OPERATION NEW DAWN in Janu- said it represented a major hole in national se- to honor Michael Seitz, who will retire Decem- ary 2011. While deployed, Major Sparks as- curity.’’ ber 8th as president of the La Porte, Indiana, sumed command of Bravo Battery, 2–82nd General Kelly embodies the highest ideals Chamber of Commerce. Mr. Seitz has spent Field Artillery, 1st Cavalry Division. of military service. He served with distinction decades working to keep the Northern Indiana Following battery command, Captain Sparks in the Marine Corps, rising through the ranks economy growing, including 15 years as the attended George Washington University earn- to run U.S. Southern Command. As Com- Greater La Porte Chamber president, and our ing a master’s degree in Legislative Affairs mander, he has been critical in disrupting how community will miss his invaluable contribu- and served as a Congressional Fellow for organized crime networks run drugs, weapons, tions. Congressman HANK JOHNSON (GA–4). Bishop etc., through networks in the Western Hemi- Mr. Seitz began his path of public service currently serves as a Legislative Liaison for sphere. while attending Indiana University, where he the Office of the Chief, Legislative Liaison As the grateful father of four sons who have received an undergraduate degree in Public (OCLL). all served overseas in the Global War on Ter- Administration and graduated from the United Bishop’s military education includes the rorism, I appreciate General Kelly’s dedication States Chamber of Commerce Institute. He Field Artillery Officer Basic Course, Ranger and leadership. I am confident in his future furthered his commitment to economic devel- School, Joint Fire Power Course, Tactical In- success. opment by attending the Certified Economic formation Officer Course, the Field Artillery Congratulations again to General Kelly and Developers program at the University of Ken- Captain’s Career Course, and Airborne tucky. his entire family on this exciting new role. In conclusion, God Bless Our Troops and School. Bishop also graduated from Liberty After school, Mr. Seitz began a long career may the President by his actions never forget University with a master’s degree in Business dedicated to the economic success of the September 11th in the Global War on Ter- Management and Leadership. Hoosier State. Before serving as president of Major Sparks’ awards include the Bronze rorism. the Greater La Porte Chamber of Commerce, Star Medal with 1 Oak Leaf Cluster, Meri- Mr. Seitz worked for the South Bend Chamber f torious Service Medal, Army Commendation of Commerce and in twelve years rose from TRIBUTE TO MAJOR BISHOP Medal Army Achievement Medal with 1 Oak manager to vice president of Existing Busi- SPARKS Leaf Cluster, National Defense Service Medal, ness Development and Membership Services Afghan Campaign Medal, Iraqi Campaign at the St. Joseph County Chamber of Com- HON. STEVE CHABOT Medal, Global War on Terrorism Medal (Expe- merce. He later served as president of the Lo- OF OHIO ditionary), Global War on Terrorism Medal gansport Chamber of Commerce, finally join- IN THE HOUSE OF REPRESENTATIVES (Service), Overseas Service Ribbon, Army ing the Greater La Porte Chamber of Com- Service Ribbon, NATO Medal, Parachutist merce. Thursday, December 8, 2016 Badge, and the Ranger Tab, With this background of dedicated service, Mr. CHABOT. Mr. Speaker, I rise to honor Major Sparks’ professionalism and high clear passion for helping Indiana, and true the service of Major Bishop Sparks, of the standards of duty improved relations between commitment to economic prosperity, it is not United States Army for his extraordinary dedi- the Army and the House of Representatives. surprising that Mr. Seitz oversaw a range of cation to duty and service to our nation. Major Major Sparks’ leadership, initiative and truly advancements and improvements for La Sparks distinguished himself through excep- outstanding performance contributed immeas- Porte’s business community during his tenure. tionally meritorious service from January 6, urably to maintaining the Army’s enduring, The Greater La Porte Chamber of Commerce 2014 to December 15, 2016, while serving as positive relationship with Congress and ad- has accomplished much through the work of a Legislative Liaison for the Army House Liai- vancing the Army’s top priorities, bringing dis- Mr. Seitz, his staff, and Chamber and LEAF son Division. tinct credit upon him, the Office of the Chief of

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.018 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1644 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 Legislative Liaison, and the United States Originally aspiring to be a teacher, Mr. Since 2011, the Dominion Foundation has pro- Army. McIntyre first began his work in law enforce- vided financial support to 26 non-profit arts or- Mr. Speaker, it is my honor to recognize the ment as a school liaison police officer in the ganizations in both Fairfax County and the Cit- selfless service of Major Bishop Sparks as he village of Chesaning. From there Mr. McIntyre ies of Fairfax and Falls Church. In addition, proceeds to the next chapter in his remarkable worked at the Saginaw Sheriff’s Department Dominion and its employees contribute more career and continues to serve our great Na- holding a variety of positions including working than 100,000 volunteer hours each year to tion. in the juvenile division, serving as sergeant in support local festivals and community activi- f charge of the marine division, jail administrator ties. and directing the road patrol. In 1993 he was The 2016 Arts Impact Award is being pre- IN RECOGNITION OF DON KNABE elected by the community to serve as sheriff, sented to George Washington’s Mount Vernon OF CERRITOS holding this position until 1998. Mr. McIntyre for its extraordinary impact on the collection has since spent the last 18 years in his cur- and preservation of art, culture, and decorative HON. TED LIEU rent position, as Director of Saginaw County artwork from the mid-18th century. Mount OF CALIFORNIA 911. Those in the community still know him as Vernon’s archaeological collection includes IN THE HOUSE OF REPRESENTATIVES the sheriff. more than 500,000 pieces and more than 700 Thursday, December 8, 2016 With a total of almost 50 years of service, pieces are on display today. In addition, Mount Mr. McIntyre has demonstrated a devotion to Vernon sponsors and hosts extensive visitor Mr. TED LIEU of California. Mr. Speaker, I education programs. rise today to honor my friend Don Knabe of the public safety of Saginaw County. Through his illustrious career at the Saginaw Sheriff’s The 2016 Arts Philanthropy Award is being Cerritos, California who retired on December presented to the Jack Kent Cooke Foundation. 5, 2016 after 35 years of exceptional public Department, Saginaw County 911, and as a community leader, Mr. McIntyre has positively Since 2000, the Cooke Foundation has award- service, of which twenty years were spent ed more than $152 million in scholarships to serving as Supervisor in the 4th District of Los influenced the lives of the countless commu- nity members he has selflessly served. nearly 2,200 high-performing low-income stu- Angeles County. Don is a patriot who consist- dents as well as more than $90 million in ently put the needs of community and country On behalf of the Fourth Congressional Dis- trict of Michigan, I am honored today to extend grants to organizations that serve these stu- first. Never shy to stand for what is right, he dents. In addition, scholarships and grants are proudly advocated for the least fortunate and my gratitude to Tom McIntyre for his many years of hard work and service to Saginaw awarded to individual students as well as com- provided a space for their voices to be heard. munity music schools, pre-conservatories, and Hailing from the Midwest, Don is a native of County, and wish him a happy and healthful retirement. summer music programs to help talented Rock Island, Illinois and served in the United young students achieve their artistic dreams. States Navy. He earned his bachelor’s degree f The 2016 Arts Education Award is being in business administration from Graceland RECOGNIZING THE RECIPIENTS OF presented to the Fairfax Choral Society in rec- University in Lamoni, Iowa. He was a small THE 2016 ARTS COUNCIL OF ognition of their contributions in music edu- business owner before he answered the call of FAIRFAX COUNTY ARTS AWARDS cation, performance, and appreciation of cho- public service. ral art by people of all ages. The FCS is the Don has been a fierce advocate for children only organization in Northern Virginia that pro- and has done many great things for the com- HON. GERALD E. CONNOLLY vides opportunities to nearly 400 choral stu- munity, including policies that supported jobs OF VIRGINIA dents ranging in age from pre-school through for veterans and youth. He’s been a staunch IN THE HOUSE OF REPRESENTATIVES adulthood. The repertoire of the FCS includes national leader on anti-child sex trafficking, Thursday, December 8, 2016 classical, folk, and contemporary composi- which is an issue Don and I worked closely to- Mr. CONNOLLY. Mr. Speaker, I rise to rec- tions, and it has performed with the National gether on when I was a State Senator in the ognize the Arts Council of Fairfax County and Symphony Orchestra, the American Youth California State Legislature. He also saved the recipients of its 2016 Arts Awards. Philharmonic, as well as at Carnegie Hall and lives by creating the Safe Surrender program These awards recognize the extraordinary the White House. that allows parents to surrender newborns at contributions of artists and arts organizations, Mr. Speaker, I ask my colleagues to join me fire stations and hospitals. as well as individuals and businesses in Fair- in congratulating the recipients of the 2016 Don was also a tremendous supporter for Arts Awards and in recognizing and thanking fax County, the City of Fairfax, and the City of the arts. He created several innovative youth the visionaries, leaders, and supporters who Falls Church that support the arts in our com- programs, such as the Pediatric Arts Program help to make our Northern Virginia commu- munity. at Rancho Los Amigos National Rehabilitation nities rich with cultural opportunities. Founded in 1964, the Arts Council of Fairfax Center, and the Arts Education Partnership County is a non-profit organization designated f Program, which provides grants to schools as Fairfax County’s local arts agency. The and community organizations to fund visual PERSONAL EXPLANATION Arts Council operates programs and initiatives art, dance, music, and theatre programs. that include grants, arts advocacy, education, As Don prepares for the next chapter in his HON. AUSTIN SCOTT and professional development opportunities for life, the people of Los Angeles can rest as- OF GEORGIA artists and arts organizations. The Arts Coun- sured he leaves behind an incredible legacy IN THE HOUSE OF REPRESENTATIVES cil has awarded more than $540,000 in Coun- and foundation for our community to grow. I Thursday, December 8, 2016 ty, public, and private funds through competi- wish Don, his wife Julie, their two children, tive grants and awards. These grants have Mr. AUSTIN SCOTT of Georgia. Mr. Speak- and four amazing grandchildren well and helped to fund approximately 13,000 perform- er, on Roll Call Number 613 on suspending many more years of happiness together. I am ances which have been attended by more the rules and passing H.R. 5143, the Trans- positive Don’s magnanimous influence will be than 1 million people. parent Insurance Standards Act, I am not re- felt for many decades to come. Each year, the Arts Council of Fairfax Coun- corded because I was detained. Had I been f ty honors a select group of individuals, compa- present, I would have voted YEA. TRIBUTE TO RETIRING DIRECTOR nies, or organizations that have made extraor- f OF SAGINAW COUNTY 911, TOM dinary contributions to the local arts commu- HONORING JOHN SARGEANT MCINTYRE nity. These annual awards honor supporters of the arts in four categories: the Jinx Hazel Arts Award, the Arts Impact Award, the Arts Philan- HON. JIM JORDAN HON. JOHN R. MOOLENAAR OF OHIO thropy Award, and the Arts Education Award. OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES It is my honor to congratulate this year’s hon- orees. Thursday, December 8, 2016 Thursday, December 8, 2016 The 2016 Jinx Hazel Arts Award is being Mr. JORDAN. Mr. Speaker, the Fourth Dis- Mr. MOOLENAAR. Mr. Speaker, I rise today presented to Dominion Resource Services in trict of Ohio lost a great one in August. Today to pay tribute to Tom McIntyre, upon his retire- recognition of its tremendous support and I pay tribute to the life and memory of a loving ment as the Director of Saginaw County 911 long-term investment in the artistic and cultural husband, father, grandfather, great-grand- and for his many contributions to the Saginaw vitality of communities in Fairfax County and father, veteran, business leader, and I’m proud community. throughout the Commonwealth of Virginia. to say a good friend: John Sargeant.

VerDate Sep 11 2014 02:38 Mar 17, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD16\DEC2016\E08DE6.REC E08DE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1645 John was a Shelby County boy through and fought since World War II. The article exam- HONORING THE LIFETIME ACCOM- through, born in 1930 to Cleo and Gertrude ines not only on the language of the Constitu- PLISHMENTS OF MR. JAMES S. Sargeant. In 1950, he married Jeanette tion that ‘‘Congress shall have the power to WHITFIELD Frazier, who survives him. John’s brother Bob declare war’’ but also on the debates in the survives him as well. Constitutional Convention that began June 1, HON. EMANUEL CLEAVER It’s been said that ‘‘you can’t fake good 1787. On that day, Charles Pinckney from OF MISSOURI kids,’’ and that was certainly the case for the South Carolina made clear that he opposed IN THE HOUSE OF REPRESENTATIVES Sargeants. His three kids, Julia, Jay, and Jeff, giving the power of war to the President be- Thursday, December 8, 2016 and their children and grandchildren all carry cause that would render him ‘‘a Monarchy of John’s spirit of service and leadership with the worst kind, to wit an elective one.’’ Mr. CLEAVER. Mr. Speaker, I rise today to honor Mr. James S. Whitfield, a dedicated them today. The Convention took two votes. The first put community leader and World War II veteran. John was a Korean War veteran. Like many the power of war in the Congress and the sec- On Tuesday, December 6, 2016, Jim passed in his generation, he humbly and bravely ond prohibited the Congress from transferring away, after an incredible life of service to our served our nation, then came home to serve that power to the President. In the following his community. He became a business leader, country. weeks all but one member of the Convention Mr. Whitfield, of Independence, Missouri, co-founding and owning Sidney Tool and Die, joined Pinckney in the conclusion that Con- served as a Commissioner for The United Bensar Developments, and SMT Industries. gress, and not the President, should declare States World War One Centennial Commis- He was active with his church and service war. sion as a representative of The American Le- clubs in and around Sidney, from the Rotary Later in the convention, after Pinckney gion. A veteran of the U.S. Navy, he served in to the American Legion to the Shrine. He ac- pointed out that Congress might not be in ses- World War II, traveling the Far Pacific, North tively supported lots of local causes with his sion when the country was attacked, the Con- Atlantic, Indian oceans, and the Mediterranean time, talent, and treasure. vention provided that the Congress could Sea aboard the same ship for 33 months to From the day I met him, it was clear: He allow the President to call out the state militias transport troops across the globe. knew that he had been richly blessed in this in cases of insurrection, invasion, or resist- The appointment to the U.S. World War life, and he was going to live every moment to ance to federal laws. Congress later imple- One Centennial Commission was personal to its fullest. mented its power by declaring a limited war on Jim. As a child, he became acquainted with But among all of his successes in life, his France for seizing seamen from American many World War I veterans while delivering family was what he valued most. It’s an honor ships under claims that they were French. In milk to them from his father’s dairy. Fas- to recognize them today: His kids Julia Barker, 1880 the Supreme Court approved this proce- cinated by their world travels and dedication to Jay and Elaine Sargeant, and Jeff and Nancy dure by interpreting the Declare War clause as our country, they inspired him to enlist when Sargeant; his grandchildren Benjamin Barker, encompassing ‘‘any contention by force’’ with World War II broke out. In 1943, he went to Matthew Sargeant, Megan and Erik Zarnitz, another country, including both full-scale wars boot camp in Idaho after fulfilling a promise to Brett and Courtney Barker, Kevin Sargeant, and limited wars. But the events at the Con- his parents to finish high school first. Ciara Sargeant, and Kandis Sargeant; and his vention and the early Supreme Court opinions The same veterans that motivated him to two great-grandchildren, Torrin and Taylor; were not considered by Congress and the join the Navy, elected Whitfield to serve as and of course his wife, Jeanette, and his lower Federal Courts when the president was their post commander in The American Le- brother, Bob. allowed to determine war in Vietnam in 1964 gion. That was the start of a very long career We will always remember John Sargeant for and against Iraq in 2003. of service to veterans of both Missouri and the impact he made on this world. To his fam- The authors found that the Federal judicial across the country. He became a member of ily we say: Please accept our sincere wishes system had ignored the decision of the Con- the Legion in 1946 and assumed many distin- on behalf of the people of Ohio’s Fourth Con- stitutional Convention and the early Supreme guished leadership positions, including Execu- gressional District. Court opinions. tive Director of the National Headquarters in f Mr. Speaker, I urge all interested in this Indianapolis, Indiana. Jim was a Life Member of The American Legion, Veterans of Foreign RESTORING THE CONGRESSIONAL subject to refer to Restoring the Congressional Wars in the United States, and BPO Elks, all DUTY TO DECLARE WAR Duty to Declare War, 63 Rutgers U.L. Rev. 407 (2011). of Warrensburg, Missouri. As an honorary life- time commander of the Missouri American Le- HON. ALAN GRAYSON f gion, Whitfield shares a distinction with only OF FLORIDA three others, including President Harry S. Tru- IN THE HOUSE OF REPRESENTATIVES RECOGNIZING GLOVER MANNING, man. Thursday, December 8, 2016 JR. ON HIS 100TH BIRTHDAY Jim was also very active in Missouri Boys State, and received an honorary award from Mr. GRAYSON. Mr. Speaker, we currently them for over 50 years of leadership and is re- have United States military forces involved, di- HON. EARL L. ‘‘BUDDY’’ CARTER garded as having the most prolific service rectly and indirectly, in conflicts in Pakistan, OF GEORGIA record in the program. Along with his service Afghanistan, Iraq, and Syria, among other IN THE HOUSE OF REPRESENTATIVES to the American Legion and Boys State, Whit- places. Our use of attack drones is blurring Thursday, December 8, 2016 field served as Chairman of the Missouri Vet- the distinction between war and peace. There- erans Commission. During his tenure as the fore, it is time to reflect on the constitutional Mr. CARTER of Georgia. Mr. Speaker, I rise first chairman, the state established seven vet- basis for the use of military force by the today to recognize Mr. Glover Manning’s eran’s homes and a veteran’s cemetery sys- United States, anywhere in the world. 100th birthday on November 6, 2016 and to tem. He served on that commission for 10 For more than a century and a half, Con- share his amazing story. years helping establish its influence and direc- gress declared war as the framers of the Con- Born in 1916, Mr. Manning began serving tion. He was also a longtime supporter of the stitutional Convention of 1787 directed when his country in the U.S. Navy at the age of 19. Liberty Memorial, dedicated in Kansas City in they wrote that Congress had the ‘‘power to During one of the most infamous days in 1926 as a monument to those who served in declare war.’’ But starting in the 1950’s, Con- American history, the attack on Pearl Harbor, World War I. I recall visiting with Jim at a re- gress began authorizing the President to make Mr. Manning was aboard the USS Rigel. Mr. cent Memorial Day ceremony, hosted at the the determination for war and voters were de- Manning and his vessel then went on to play National World War I Museum and Memorial, prived of the power to influence their Congres- an important role in many operations in the about our shared interest in honoring those sional representatives. The result has been la- Pacific. After 20 years serving his country in who served our country. beled an Authorization for Use of Military the Navy, he retired and subsequently moved Mr. Speaker, please join me and our col- Force, or AUMF. It was used in the Vietnam to Savannah, Georgia. leagues in honoring the lifetime accomplish- War of 1965–73 and the 2003 war against Mr. Manning has 4 children, 9 grand- ments of Mr. James Whitfield. He served our Iraq, 2003 to the present. children, 18 great grandchildren, and 5 great- country while in uniform and for the remainder I want to bring attention to a Rutgers Law great grandchildren. of years following, helping veterans and future Review article, ‘‘Restoring the Congressional Mr. Manning, thank you for your service to generations alike. I appreciated his friendship Duty to Declare War,’’ that has challenged the our country and I hope you have a very happy and unwavering service. He epitomized Amer- Constitutionality of all United States wars 100th birthday. ica’s Greatest Generation.

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.026 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1646 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 RECOGNIZING RALPH HOLLMON much success as he transitions into a different Officer Focha joined the Sonoma County phase of his life. Sheriff’s Office in 1998. Over the past 18 HON. GWEN MOORE Mr. Speaker, I am proud to honor Ralph years, she has served as the first female De- OF WISCONSIN Hollmon, I am proud to call him a friend and tective Sergeant in the history of the Office, IN THE HOUSE OF REPRESENTATIVES thank him for all he has done. The citizens of the supervisor of the Domestic Violence/Sex- the Fourth Congressional District and the ual Assault Detective Unit, and the first Press Thursday, December 8, 2016 State of Wisconsin are privileged to have Information Officer for the agency. Officer Ms. MOORE. Mr. Speaker, I rise today to someone of his ability and dedicated service Focha was instrumental in the establishment recognize Ralph Hollmon who is retiring from working on their behalf for so many years. I of the Sonoma County Family Justice Center the Milwaukee Urban League (MUL), on De- am honored for these reasons to pay tribute to and is the President of the Board of Directors cember 31, 2016. He has served the organiza- Ralph E. Hollmon. for Verity, Sonoma County’s only rape crisis tion since 2002, when he assumed the posi- f center. In recognition of her tremendous serv- tion of President and Chief Executive Officer ice, the Sonoma County Sheriff’s Office of the MUL. TRIBUTE TO THERESA RANGEL awarded Officer Focha with the Bronze Medal Over the 14 years at the helm of the MUL, of Merit, and the Sonoma County Board of Su- he has been in charge of the organization’s HON. JOAQUIN CASTRO pervisors awarded her a Certificate of Com- management, strategic planning and overall OF TEXAS mendation for her work with Alive at 25, a operation insuring that the League’s edu- IN THE HOUSE OF REPRESENTATIVES model teen driving program she helped estab- cation, employment, economic development Thursday, December 8, 2016 lish. and social justice programs are implemented Mr. Speaker, I thank Officer Focha for her in an effective manner. He was also the Cen- Mr. CASTRO of Texas. Mr. Speaker, I rise dedication to our community’s safety. For this tral Region Vice President of the National today to honor the life and legacy of Theresa reason, it is fitting and proper that I honor her Urban League Association of Executives. Mr. Rangel. A beloved San Antonian, Theresa here today. Hollmon has been a tireless advocate for the grew up on the West Side of the city where f organization and its commitment to serving Af- she attended Blessed Sacrament High School. rican Americans and others in need of assist- She married her high school sweetheart, Er- RECOGNIZING THE 2016 INDIANA ance in order to improve the quality of their nest A. Rangel, with whom she traveled the MIDDLE SCHOOL PRINCIPAL OF lives. world, had two children, and enjoyed 48 years THE YEAR NATHAN BOYD Mr. Hollmon has spent much of his career of marriage. helping uplift those in need and has a wealth Throughout her career, Theresa served the HON. JACKIE WALORSKI of knowledge gained by service in various San Antonio community and strove to help the OF INDIANA governmental and community positions includ- people of our city excel. She worked at the IN THE HOUSE OF REPRESENTATIVES ing: Director, Milwaukee County Department of University of the Incarnate Word in career de- Thursday, December 8, 2016 Human Services, Chief Executive Officer of velopment, and later became a caseworker in the Private Industry Council, Executive Direc- the office of Congressman Albert G. Mrs. WALORSKI. Mr. Speaker, I rise today tor, Milwaukee Metropolitan Sewerage District Bustamante. She went on to work in the Small to recognize Grissom Middle School Principal and held positions with the State of Wisconsin Business Administration before joining the of- Nathan Boyd, who was recently named the Department of Administration and the Social fice of legendary Congressman Henry B. Gon- 2016 Indiana Middle School Principal of the Development Commission of Milwaukee Coun- zalez where she was a caseworker. She re- Year by the Indiana Association of School ty. Prior to joining the Milwaukee Urban mained in that position when Charles Gon- Principals. League, Ralph led his own company as Presi- zalez won the congressional seat in 1999, and Principals from across Indiana selected Mr. dent of Hollmon Management and Consulting eventually retired in 2013 after 28 years of Boyd for this great honor due to his commit- LLC, (HMC) a project management and public dignified civil service. ment to excellence in education and his tire- affairs consulting firm. After her retirement, Theresa remained ac- less work to give all his students the oppor- Mr. Hollmon holds a long standing commit- tive. She was a member of several Bible study tunity to achieve their full potential. ment to community service and has served on groups, spent time scrapbooking, and was a Each year, the IASP recognizes outstanding a variety of civic and community boards/com- devoted grandmother to five grandchildren leaders in education for their contributions to missions including: Co-Chair of the Milwaukee whom she loved dearly. the profession and the difference they make in Commission on Police Community Relations, Theresa touched the lives of so many in our students’ lives. Since becoming principal of Co-Chair of the Governor’s Business Oppor- city, and I join her family and those whom she Grissom Middle School in 2013, Mr. Boyd has tunity Advisory Commission; member of the helped in mourning her loss. She was an ex- been an exemplary educator and adminis- JP Morgan Chase Bank National Community emplary civil servant and American whose trator. He has maintained the school’s record Advisory Board; Marcus Center for the Per- contributions to our community and Nation will of academic achievement and its A rating from forming Arts Board of Directors; VISIT Mil- not be forgotten. the Indiana Department of Education. He has waukee Board of Directors; Milwaukee Suc- f introduced innovative programs and strategies ceeds Executive Committee; Greater Down- to motivate and inspire students, including the town Action Agenda Executive Leadership HONORING OFFICER CECILE FOCHA ‘‘Grissom Drum Brigade’’ and the popular Committee; African American Chamber of ‘‘Club Honors.’’ And he has fostered a culture Commerce and Member of the Greater Mil- HON. MIKE THOMPSON of excellence among the school’s teachers to waukee Committee. OF CALIFORNIA best prepare students for the future. Ralph Hollmon is a homegrown IN THE HOUSE OF REPRESENTATIVES As principal, Mr. Boyd works each day to Milwaukeean and graduated from North Divi- create a shared vision and purpose that stays sion High School. He received his under- Thursday, December 8, 2016 true to Grissom Middle School’s motto: ‘‘Good, graduate degree at Parsons College in Fair- Mr. THOMPSON of California. Mr. Speaker, Better, Best.’’ Under Mr. Boyd’s leadership, field, Iowa, and earned his Master’s Degree in I rise today to honor Officer Cecile Focha, Grissom Middle School is providing students a Urban Affairs from the University of Wis- whom I have named a 2016 Public Safety positive, challenging, and academically-ori- consin-Milwaukee. He also completed the Ex- Hero of the Year for Sonoma County in Cali- ented learning environment with a focus on ecutive Education Program, ‘‘Strategic Per- fornia’s 5th Congressional District. This award building knowledge, reinforcing values, and spectives in Nonprofit Management’’ at the is given to exceptional members of our com- developing a strong sense of self-worth for Harvard School of Business. munity who perform beyond their duty as a every student. I am grateful to have had the opportunity to public servant. Having received the Indiana Principal of the know and work with Ralph Hollmon for many A native of Oakland, California, Officer Year Award, Mr. Boyd will represent the Hoo- years on issues at the various positions where Focha received her B.A. in Integral Liberal sier State at the National Association of Sec- he has had tenure. I join with his wife Mar- Arts at St. Mary’s College and her K–12 ondary School Principals Recognition Program garet and friends in congratulating him on his Teaching Credential at California State Univer- in the Fall of 2017. Mr. Boyd’s energy and many years of service to this community and sity, Hayward. Prior to her work in law en- passion for serving his students and his ability the Milwaukee Urban League. Ralph has led forcement, Officer Focha was an elementary to inspire enthusiasm in his team distinguish the organization admirably and I wish him school teacher. him as an exceptional leader. He exemplifies

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.030 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1647 the work ethic and humble leadership for dent of Saint Xavier University, and congratu- ence, and strategy in her professional life which Hoosiers are known, and I am proud late her on her outstanding work at the univer- have paved the way for a plethora of success- that a Hoosier from Indiana’s 2nd Congres- sity. ful philanthropic projects for the tri-state area. sional District will be representing our great f I wish Ms. Deppner well and send my best state next year. to her husband, Greg, and their two huskies, Mr. Speaker, I am grateful to Grissom Mid- RETIREMENT OF CIRCUIT JUDGE Sapphire and Aurora. I offer her my apprecia- dle School Principal Nathan Boyd for his BERLIN JONES tion and gratitude for her commitment to her boundless passion for working with parents, neighbors and our state. teachers, and staff to build a strong commu- HON. BRUCE WESTERMAN f nity and a bright future for students. I am hon- OF ARKANSAS TRIBUTE TO THE STAFF OF ored to ask my colleagues to join me in con- IN THE HOUSE OF REPRESENTATIVES CONGRESSMAN JOHN L. MICA gratulating Nathan Boyd for his tireless dedi- Thursday, December 8, 2016 cation and wishing him and everyone at Grissom Middle School all the best. Mr. WESTERMAN. Mr. Speaker, I rise today HON. JOHN L. MICA OF FLORIDA f to honor a fixture of the Arkansas Judiciary. The Honorable Berlin Jones of the Eleventh IN THE HOUSE OF REPRESENTATIVES HONORING CHRISTINE M. West Judicial Circuit in Pine Bluff was origi- Thursday, December 8, 2016 WISEMAN ON HER RETIREMENT nally appointed to the bench by then-Governor Mr. MICA. Mr. Speaker, this will be my final AS PRESIDENT OF SAINT XA- Bill Clinton on July 11, 1987, serving the re- official submission as I complete my service in VIER UNIVERSITY IN CHICAGO mainder of a term that ended on December the U.S. House of Representatives. It has truly 31, 1988. been an honor to represent the people of Flor- HON. DANIEL LIPINSKI Judge Jones ran for a full term four years ida’s 7th Congressional District and to serve OF ILLINOIS later, taking office January 1, 1993. Since as- the nation in six Congressional leadership po- IN THE HOUSE OF REPRESENTATIVES suming the bench more than 20 years ago, sitions, including being the first Florida Con- Judge Jones has heard a magnitude of crimi- Thursday, December 8, 2016 gressman to Chair the House Transportation nal, civil, and probate cases in the Delta. and Infrastructure Committee. Mr. LIPINSKI. Mr. Speaker, I rise today to Among Judge Jones’ accomplishments As you and our colleagues can attest, serv- honor Ms. Christine M. Wiseman, who is retir- since taking the bench has been the Jefferson ing in Congress requires the assistance and ing from her position as president of Saint Xa- County Drug Court, for which he has been the work of many. Today, as I reflect upon my vier University in Chicago. She has served as presiding judge since its formation in March years of service, the challenges we have Saint Xavier’s President since June 2010. 2004. In the time Judge Jones and his staff faced and overcome as a nation and our work Throughout her illustrious career, President have been managing the drug court program, to make the federal government more respon- Wiseman has demonstrated an outstanding 106 citizens have graduated and started on sive and efficient, I believe it is important to commitment to students in higher education. the path to a new life free from drugs. recognize the staff who have worked with me Her career in higher education started at Mar- In addition to being an advocate for those in and dedicated outstanding service to our 7th quette University, where she was a tenured recovery, Judge Jones has also served on the Congressional District and our nation. member of the law faculty and earned the Arkansas Sentencing Commission and has They are: Tim Anderson, Agustina Andisco Marquette University Faculty Award for Teach- been an active member of the Arkansas Bar Pardal, Keith Appel, James Bailey, Zane ing Excellence in 1991. She became Asso- Association, where he was admitted in 1976. Beard, Aaron Bivens, Collier Black, John ciate Dean for Academic Affairs at the Mar- Men like Berlin Jones are hard to find today. Booker, Sue Bower, Patrick Bowl, Casey quette University Law School and later the As- Not only did he serve his country in uniform Brinck, Beth Ann Bryant, Elizabeth Buckles sociate Vice President for Academic Affairs, during the Vietnam War, but he has devoted Deck, Gary Burns, Alan Byrd, Jean Carrero, making her the first woman to serve in his life to the people of Jefferson and Lincoln John Ciccone, Jessie Cleveland, Mike Cosio, Marquette’s senior administration. After Mar- Counties as an attorney and judge. I thank Barry Cotton, Marshall Critchfield, Stephanie quette, she held the same position at him for his decades of dedicated service to D’Angelo, Greg Davis, John Day, Wiley Deck, Creighton University. the Pine Bluff region, the state of Arkansas, Brian Dempsey, Laurel Edmondson, Ted President Wiseman arrived in Chicago in and the United States. May God bless him. Edwards, Jan Farnsworth, Andrew Florell, Joe 2007 as professor of law and Provost of Loy- f Freeman, Josh Gaboton, Ashley Galloway, Al- ola University Chicago. As Provost she lison Galovic, Andrew Giacini, Alan Gilbert, oversaw the academic division of the largest HONORING TERESA DEPPNER OF Stephen Goldie, Andrew Green, Matt Catholic research university in the country. HUNTINGTON, WEST VIRGINIA Grimison, Dick Harkey, Susan Hast, Lou Hay- Between her career in academics and her den, Cheyne Hicks, Julie Hogan, Jared public service, President Wiseman has been HON. EVAN H. JENKINS Houghton, Kellie Huckeba, John Hudiberg, awarded and honored on many occasions for OF WEST VIRGINIA Krystal Hudson, Dan Hughes, V, Thane her work. She was named the Wisconsin Civil IN THE HOUSE OF REPRESENTATIVES Hutcheson, Eric Jontz, Ashley Jordan, Randall Liberties Union Volunteer Attorney of the Year Judt, Patrick Kelly, Cheryl Kimball, Mary Thursday, December 8, 2016 in 1989 and the Spirit of the Law School re- Klappa, Barbara Koch, Thomas Larsen, Alex- cipient in 2003 at Marquette for being a role Mr. JENKINS of West Virginia. Mr. Speaker, andra Lovelace, Sally Lum, Lawrence Lyman, model to the school’s students. In addition, I rise today to recognize Teresa Deppner, the Gerry Lynam, Laura Mathews, Michael she has been recognized as one of the ‘‘Most clerk of the U.S. District Court Southern Dis- Matousek, Tara McBride, Sean McMaster, Powerful and Influential’’ women in Illinois by trict of West Virginia, who recently received Katie McMichael, Alicia Melvin, Janet Mines, the National Diversity Council, and was ap- this year’s U.S. Courts Director’s Award for Dan Moll, Kiernan Moylan, Chelsey Neuhaus, pointed by the Governor to the Illinois Board Outstanding Leadership. Brian North, Sharon Pinkerton, Marshall of Higher Education. In 1976, Ms. Deppner started her career as Polston, Kristen Pugh, Gail Reese, Paul Rey- Her long list of qualifications and achieve- deputy clerk in Huntington. Her commitment to nolds, Joel Rivera, Rusty Roberts, James ments led to her hiring as the 19th President public service is exemplary, as she has spear- Rockas, Debby Roeder, Jason Scism, Talia of Saint Xavier University Chicago. Saint Xa- headed innovative initiatives to make her Shabat, Kathleen Smoak, Caragh Stichter, vier University is in the Mt. Greenwood neigh- courts more efficient in the handling of law- Kevan Stone, Charlene Swartz, Tanice Tait, borhood of Chicago and has just over 5,000 suits, improving document accessibility, and Chrissy Tellalian, Evonne Torres, Joseph students studying in 43 undergraduate majors tackling an always increasing case workload. Trovato, Patrick Tuohey, Toni Tury, Brian and 25 graduate programs. In 2016 the Online Her appreciation and respect of the arts is Waldrip, Lisa Wandler, Robert Wehagen, Graduate Nursing Program was ranked num- noteworthy, and I commend her on her role in Nicholas West, Gregory Williams, Michael Wil- ber 3 in the country by US News and World bringing the first-ever judiciary fine arts pro- lis, Leslie Windram O’Shaughnessy, Jillian Report. Saint Xavier University will surely miss gram to the courthouse in Charleston for law- Wist and Sally Zarnowiec. the academic and administrative stewardship yers, judges, jury members and constituents to I thank them for their public service and for provided by President Wiseman. enjoy. the opportunity and privilege to work with each I ask you to join me in honoring President A staunch supporter and advocate for her of them. I ask my colleagues to join me in rec- Christine Wiseman on her retirement as Presi- hometown of Huntington, her vision, experi- ognizing these committed Congressional staff

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.033 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1648 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 members who have helped me, the House of behalf of the constituents we are privileged to becoming a Certified Hostage Negotiator, Fire- Representatives and our nation. I am deeply represent. arms Instructor, and Field Training Officer. appreciative of their work and hope that God Mr. Speaker, I believe there is no higher During his tenure at the Escambia Sheriff’s Of- continues to bless each of them and the calling than the call to serve a cause larger fice, he received special award recognitions United States of America. than ourselves. That is why I ran for public of- for ‘‘Outstanding Service to the Community,’’ f fice. I was inspired to serve by President Ken- in 1984; a Meritorious Service Award,’’ in nedy who said, ‘‘Ask not what your country 1992; as well as numerous other honors for TRIBUTE TO ARNOLD CENTER can do for you, ask what you can do for your his dedication to protecting our community. PRESIDENT CHARLES MARKEY country,’’ and by the Rev. Dr. Martin Luther In 2000, Sheriff Hall began serving the peo- King, Jr. who said: ‘‘Everybody can be great ple of Santa Rosa County when he was elect- HON. JOHN R. MOOLENAAR because anybody can serve.... You only ed Sheriff. He has received numerous recogni- OF MICHIGAN need a heart full of grace. A soul generated by tions for his service including, but not limited IN THE HOUSE OF REPRESENTATIVES love.’’ to, Elk Lodge Number 2787 ‘‘Law Enforcement By this measure, there are several other Officer of the Year’’ for 2002 through 2003; Thursday, December 8, 2016 great young men and women who served as Pace Rotary Club ‘‘Rotarian of the Year for Mr. MOOLENAAR. Mr. Speaker, I rise today volunteers this year in my offices. They may Exceptional Dedication and Commitment’’ for to pay tribute to Charles Markey, the President toil in obscurity but their contributions to the 2003 through 2004 and 2006 through 2007; of the Arnold Center, upon his retirement on constituents we serve are deeply appreciated. Florida Council on Crime and Delinquency December 31, 2016. Mr. Markey has made That is why today I rise to pay tribute to five ‘‘Law Enforcement Distinguished Service many contributions to Midland and the great extraordinary young persons for their service Award’’ 2003; and Pace Chamber of Com- state of Michigan. to my constituents in the 18th Congressional merce 2015 ‘‘Man of the Year Award.’’ Mr. Markey attended Central Michigan Uni- District of Texas and to the American people. In addition to his career in law enforcement, versity, where he excelled as a member of the They are: Katherine Jenkins from Texas Tech he has been a shining role model in his com- football team. After graduating in 1974 with a University; Michaelette Haywood from Georgia munity. He currently serves on the Santa Bachelor of Science degree, Mr. Markey State University; Kai Scates from Wiley Col- Rosa Kids House, as the Board of Directors joined IBM. From 1974 to 2004 he held sev- lege; Keera Ingram from Howard University; Chairman, the Florida Sheriff’s Association eral different titles and went on to become the and Lisa Oguike from the Madeira School. District 1 Board of Directors, the Vets to VA Vice President of Solution Sales before be- Mr. Speaker, the energy, intelligence, and Clinic Committee, and as a member of the coming a partner at IM1 Capital Group, LLC. idealism these wonderful young people First Judicial Circuit Law Enforcement Asso- During this time he was inducted into the CMU brought to my office and those interning in the ciation, along with other countless volunteer Football Hall of Fame. offices of my colleagues help keep our democ- positions. In 2009, Mr. Markey became the president racy vibrant. The insights, skills, and knowl- Mr. Speaker, on behalf of the United States of the Arnold Center. The Center has since edge of the governmental process they gain Congress, I am privileged to recognize Sheriff become a large employer in Midland and has from their experiences will last a lifetime and Wendell Hall for his dedication and service to aided in giving back to the community in a prove invaluable to them as they go about Northwest Florida. My wife Vicki and I wish multitude of ways. Most importantly, it has en- making their mark in this world. him and his wife, Karen; his children, Lisa, hanced the quality of life for those with disabil- Because of persons like them the future of Dana, Kayla, Brandon, Amanda, Kenneth, and ities and donates thousands of hours of com- our country is bright and its best days lie Megan; and his fourteen grandchildren all the munity service. During his tenure, Mr. Markey ahead. I wish them all well. best as they embark on this next journey in has held fast to the mission and vision of the Mr. Speaker, I am grateful that such their lives. Arnold Center and has helped countless indi- thoughtful committed young men and women f viduals who have sought his guidance. I have can be found working in my office, those of seen firsthand the dedication and service Mr. my colleagues, and in every community in RECOGNIZING DR. BILL GORSKI Markey has given to our community. I thank America. Their good works will keep America him and wish him luck as he begins this new great, good, and forever young. HON. CHERI BUSTOS chapter of his life. f OF ILLINOIS On behalf of the Fourth Congressional Dis- IN THE HOUSE OF REPRESENTATIVES trict of Michigan, I am honored today to recog- RECOGNIZING SHERIFF WENDELL Thursday, December 8, 2016 nize Charles Markey for his dedication to the HALL UPON THE OCCASION OF Midland community. HIS RETIREMENT FROM THE Mrs. BUSTOS. Mr. Speaker, I rise today to f SANTA ROSA COUNTY SHERIFF’S honor Dr. Bill Gorski who is retiring from DEPARTMENT SwedishAmerican after serving for 16 years as TRIBUTE TO YOUNG STAFF MEM- its President and CEO. For decades, he has BERS FOR THEIR CONTRIBU- HON. JEFF MILLER aided the public honorably by creating life- TIONS ON BEHALF OF THE PEO- OF FLORIDA saving opportunities for communities in Illinois PLE OF THE 18TH CONGRES- IN THE HOUSE OF REPRESENTATIVES and Wisconsin. SIONAL DISTRICT OF TEXAS AND Under Dr. Gorski’s guidance, THE UNITED STATES Thursday, December 8, 2016 SwedishAmerican built a major acute care Mr. MILLER of Florida. Mr. Speaker, I rise hospital, a freestanding outpatient cancer cen- HON. SHEILA JACKSON LEE to recognize Sheriff Wendell Hall upon the oc- ter in Rockford, a network of 30 primary care OF TEXAS casion of his retirement from the Santa Rosa and multispecialty clinics, and the region’s IN THE HOUSE OF REPRESENTATIVES County Sheriff’s Department. Sheriff Hall has largest home health care agency. He has dedicated more than 35 years to serving his worked to improve health services in the com- Thursday, December 8, 2016 community through law enforcement. munity of Belvidere as well, by acquiring and Ms. JACKSON LEE. Mr. Speaker, as Mem- Sheriff Hall attended Ernest Ward High renovating a medical center that now provides bers of Congress we know well, perhaps bet- School in Walnut Hill, Florida. He continued ambulatory services and 24-hour emergency ter than most, how blessed our nation is to his education at Pensacola State College and care. have in reserve such exceptional young men at Troy State University where he graduated Dr. Gorski has a demonstrated history of and women who will go on to become leaders Cum Laude with a Bachelor of Science degree going above and beyond. Through its founda- in their local communities, states, and the na- in Criminal Justice. tion, SwedishAmerican has helped rebuild the tion in the areas of business, education, gov- Upon completion of college, his career neighborhood surrounding its main campus. ernment, philanthropy, the arts and culture, began in 1981 as a Correction’s Officer with Twenty-six homes have been built and an ad- and the military. the Escambia County Sheriffs Office before he ditional 120 houses and two apartment build- We know this because we see them and transferred to Law Enforcement in 1982; serv- ings have been renovated. SwedishAmerican benefit from their contributions every day. ing as a Patrol Deputy, Narcotics Investigator/ has also cooperated with Rosecrance Health Many of them work for us in our offices as jun- Supervisor, and Administrative Supervisor. He Network by investing more than $5 million a ior staff members, congressional fellows, or in- was promoted during this time to the rank of year in inpatient behavioral health services terns and they do amazing work for and on Corporal and again to Sergeant, eventually within the Rockford region. His inspiring work

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.037 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1649 has given our communities a healthier future other unexploded ordnance. Mr. and Mrs. Har- High School volleyball team—the Mighty where citizens can have reliable health serv- ris’s example directly inspired me to fight for Macs—on being the first team ever to be ices. this cause in Congress and their advice has named National Champions by USA Today, Mr. Speaker, I would like to thank Dr. Gorski directly affected the focus of my efforts. Max Preps, and Prep Volleyball. for his dedication to improving the quality of Countless farmers and families across Laos Their history-making season included fin- care our citizens receive when they need it live in safer communities because of Mr. Har- ishing strong with a 32 game winning streak most. I congratulate him again on his well- ris’s work and my community in Wisconsin has that took them all the way through the Class earned retirement and wish him luck in his fu- been strengthened by the work he and his 4A State Championship Tournament. After de- ture endeavors. wife do through We Help War Victims. feating Minooka in the final game, they se- f Mr. Speaker, please join me today to con- cured their program’s record 15th state cham- gratulate Mr. Harris on his accomplishments pionship, their first since 2013. HONORING FORMER SENATE and work on behalf of others. His selfless de- In compiling their near-perfect 40–1 record, MAJORITY LEADER MIKE HEWITT meanor in which he answers the call to serve Head Coach Jen DeJarld’s team was taken to in our district is truly valued. three sets just seven times. Four of Mother HON. CATHY McMORRIS RODGERS f McAuley’s athletes were named to the Daily OF WASHINGTON Southtown’s 2016 All Area Team, a list that in- JEFF MILLER AND RICHARD cludes just 12 players. Mother McAuley’s IN THE HOUSE OF REPRESENTATIVES BULMENTHAL VETERANS volleyball team has won at least one state Thursday, December 8, 2016 HEALTH CARE AND BENEFITS championship in each of the past five dec- IMPROVEMENT ACT OF 2016 Mrs. MCMORRIS RODGERS. Mr. Speaker, ades, a long tradition of excellence. I would like to wish the best of luck in the I rise today to congratulate former Washington SPEECH OF State Senate Majority Leader Mike Hewitt on next season to the returning players and his retirement. Senator Hewitt had a success- HON. JODY B. HICE coaches, and continued success to the depart- ful business career before dedicating his time OF GEORGIA ing seniors, several of whom will play their and energies to advocating for the people of IN THE HOUSE OF REPRESENTATIVES next season at colleges including Notre Dame, southeast Washington. Tuesday, December 6, 2016 Appalachian State, Ferris State, and Lipscomb. He is an outstanding leader in the state leg- Mr. JODY B. HICE of Georgia. Mr. Speaker, I ask you to join me in congratulating the islature, and is respected by both sides of the I rise in strong support of H.R. 6416, the Jeff Mother McAuley Volleyball team on their ex- aisle for his generous spirit and warmth. His Miller and Richard Blumenthal Veterans cellent season and their historic success on business acumen meant he brought a valu- Health Care and Benefits Improvement Act of the national stage. able insight to public policy, owe we have all 2016. I commend Chairman MILLER’s and f come to appreciate. Congressman ROE’s work on this important We have been so blessed to have Senator legislation. HONORING AND REMEMBERING Hewitt doing everything he can to make sure I’m pleased to say that language from one TIMOTHY HOY the people of southeast Washington are his of my bills, the Protecting Veterans’ Edu- top priority, particularly veterans and the His- cational Choice Act, is included in this bill as HON. KENNY MARCHANT panic community. Congratulations again Mike. section 415. This section will require the VA to OF TEXAS Enjoy your retirement—you deserve it. inform student-veterans—on the front-end, be- IN THE HOUSE OF REPRESENTATIVES f fore they spend a dime of their Post-9/11 GI Bill benefits—about agreements between Thursday, December 8, 2016 HONORING JIM HARRIS OF schools regarding the transfer of credits. Mr. MARCHANT. Mr. Speaker, as both this WAUSAU, WI FOR HIS SERVICE Despite having access to Post-9/11 GI Bill Congress and the year come to a close, it is TO OTHERS benefits, many veterans still end up having to with heavy heart that I rise to honor, and re- take out student loans to cover the full cost of member, a kind and exemplary citizen whom HON. SEAN P. DUFFY their education. In many cases, this is due to we recently lost. Timothy Hoy, of Denton OF WISCONSIN situations where veterans aren’t aware that County, Texas, passed away the week of Oc- IN THE HOUSE OF REPRESENTATIVES credits earned at one institution will not trans- tober 31st at the age of 55. Hoy was known fer to another school until after they have al- Thursday, December 8, 2016 to many for being extraordinarily active in Re- ready expended a significant portion of their publican Party politics in Denton County, as Mr. DUFFY. Mr. Speaker, I am honored to benefits. well as at the state and national level. He was, stand before you today to recognize Mr. Jim By requiring that the VA provide veterans as the Denton County Republican Party pub- Harris of Wausau, Wisconsin for his excep- with this information on the front-end of the licly remembered, ‘‘truly a legend in political tional service to others. process, this legislation will address flaws in circles;’’ but, more importantly, he was also Mr. Harris worked for more than 30 years in the system where veterans—many of whom ‘‘always kind, gentle and gracious to all.’’ His education. First, as a teacher in the Wisconsin are first-generation college students—are sur- profound friendliness was present to anyone Indian Teacher Corps, where he taught chil- prised by this feature of higher education. he met, and it was a pleasure to get to know dren of the Ho Chunk Tribe, and later as one Ultimately, decisions regarding how and him over the years as someone who loved of the first male kindergarten teachers in Wis- where to use these benefits are rightfully left and served his community. consin. Along his journey in education, Mr. to those who served our country. Our veterans Originally from upstate New York, and hav- Harris also spent two decades as a school ad- earned their benefits, and this bill will em- ing received his college education at the Uni- ministrator and an activist for public health. power our veterans by arming them with the versity of Dayton in Ohio, Hoy made Texas his During his many years of service in edu- information and resources that they need to home. In the late 1980s he began to become cation, Mr. Harris got to know the children of make the best decisions for themselves and active in Republican politics in Denton County Hmong Refugees who fled war in their home their families. I urge all of my colleagues to and became a precinct chairman, a role for country to seek a better life in Wisconsin. Our support H.R. 6416. which he would eventually be named Precinct state has a vibrant Hmong community that Mr. f Chair of the Year in 2001. He steadfastly Harris has grown close to. He founded We CONGRATULATING THE MOTHER served as an elections judge from the 1990s Help War Victims, a nonprofit organization, MCAULEY VOLLEYBALL TEAM into the 2010s. His service also extended to with his wife, Marty, also a public school edu- ON THEIR NATIONAL CHAMPION- being on the State Republican Executive cator. Founded over 30 years ago, We Help SHIP Committee for eight years, from 2002 to 2010, War Victims has been working with refugee and he received an award for his achieve- families in the Wausau, Wisconsin area, pro- HON. DANIEL LIPINSKI ments in that role. His zeal for civic engage- viding dozens of Lao schools with their first li- ment for the betterment of his community was OF ILLINOIS braries, and helping families receive access to IN THE HOUSE OF REPRESENTATIVES unparalleled. medical care. Hoy’s dedication and love for his fellow citi- Since 2006, the Harris’ organization has Thursday, December 8, 2016 zens in Texas, and desire to improve the lives been working with villagers in Laos to destroy Mr. LIPINSKI. Mr. Speaker, I rise today to of those around him, led him to work excep- land mines, bombs, rockets, mortars, and congratulate the Mother McAuley Liberal Arts tionally hard and rigorously for the causes and

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.041 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1650 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 candidates in which he believed. The Denton federal contracts which will ensure that South- Nicole Smith, Constituent Services; Ms. County Republican Party recalls that ‘‘He was ern California consumers continue to enjoy Stephani Lavely, Constituent Services; Ms. there for everything Republican. Every phone emissions-free hydropower from Hoover Dam Brenda Frantz, Constituent Services; Ms. bank, every meeting, and countless cam- for another 50 years. Hoover power is a low- Sandy Hutton, Constituent Services; Mr. Nick paigns, if there was a need, there was Tim to cost, reliable energy resource, and is critical to Golden, Constituent Services; Mr. Paul Mat- fill it. He was the first to come and the last to helping keep Southern California’s energy thews, Constituent Services & Legislative leave.’’ For these reasons, they named him costs as low as possible. The bill, the ‘‘Hoover Staff; Ms. Katie Heffernan, Constituent Serv- Volunteer of the Year 1998. He was even Power Allocation Act,’’ was signed into law by ices; Ms. Rochelle Colburn, Constituent Serv- known to the former majority leader of the President Barack Obama on December 10, ices; Ms. Sharon Ghezzi, Constituent Serv- U.S. House of Representatives, Dick Armey of 2011. ices; Ms. Natalee Campagnola, Constituent Texas, who has said that ‘‘Tim Hoy was the My personal and professional respect and Services; Mr. Adam Boggs, Constituent Serv- constant guy for me. Whenever I came back admiration for Mr. Carnahan runs deep, and I ices; Ms. Jenifer Nawrocki, Legislative Direc- to town, I would count on Tim to bring me up wish him happiness and good health in his re- tor; Mr. Ian Manzano, Senior Policy Advisor; to speed on things here in Denton County.’’ tirement. The wise counsel, determination, and Mr. Tim Medeiros, Legislative Staff; Mr. His work for individuals seeking an elected good Scotch-Irish sense-of-humor, which he Reggie Paros, Legislative Staff; Mr. Doug public service role included serving as cam- has provided to me and others in Congress for DeWysocki, Jr., Legislative Staff; Mr. Joshua paign manager for County Commissioner Ron many years on behalf of public power—will be Perez, Legislative Staff; Mr. Nicholas Marchant during his first run for the city coun- fondly remembered. Catroppo, Deputy Chief of Staff; Ms. Alex cil of Carrollton, Texas. Senator TED CRUZ f Goodman, Legislative Staff; Mr. L.J. Govoni, was a favorite official of Hoy, who loyally cam- Legislative Staff; Ms. Brittany Roberts, Legisla- paigned for him in Iowa during the 2016 presi- TRIBUTE TO CURRENT AND tive Staff; Mr. Joshua Nawrocki, Legislative dential primary election. FORMER STAFF MEMBERS Staff; and, Ms. Blake Churchman, Legislative During all of this tireless service and excep- Staff. tional labor, Hoy continued to perform his daily HON. DAVID W. JOLLY Mr. Speaker, I’d ask that the House join me job. He embodied his love for service to the OF FLORIDA in recognizing the service of each of these in- public as he worked as a mail clerk for the IN THE HOUSE OF REPRESENTATIVES dividuals. This body has been well served, Denton County Sheriffs Office for 23 years. Thursday, December 8, 2016 and indeed is better today, because of the A man who worked for his strong conserv- service of these men and women; and the ative ideals, with a spirit of public service and Mr. JOLLY. Mr. Speaker, I rise today to pay people of Pinellas County, Florida can be true friendliness to all in the community, Hoy tribute to a very special group of people from proud of their faithful work over these last will be missed and remembered in Texas. Florida’s 13th Congressional District. I rise to three years. I consider each to be a friend, Mr. Speaker, I ask all of my distinguished recognize the current and former staff mem- and I thank them today for joining me on this colleagues to join me in remembering and bers of our congressional office, both at home remarkable journey of representing Florida’s honoring Timothy Hoy. in Pinellas County and here in the halls of 13th Congressional District. Congress. And importantly, I do so not just on f f my behalf, but truly on behalf of a most grate- TRIBUTE TO BILL CARNAHAN ful community that for nearly three years has PERSONAL EXPLANATION been blessed to have a team of dedicated and HON. KEN CALVERT selfless individuals serving Pinellas County HON. PETER A. DeFAZIO OF CALIFORNIA residents by giving voice to the interests and OF OREGON IN THE HOUSE OF REPRESENTATIVES concerns of everyone, regardless of political IN THE HOUSE OF REPRESENTATIVES party; fighting for those in need of assistance Thursday, December 8, 2016 at their most challenging times; and working Thursday, December 8, 2016 Mr. CALVERT. Mr. Speaker, I rise today to ceaselessly to improve the lives of every indi- Mr. DEFAZIO. Mr. Speaker, I was absent honor and pay tribute to an individual whose vidual they encountered. December 2nd due to a medical appointment. dedication and contributions to southern Cali- Mr. Speaker, each one of us who have the Had I been present, I would have voted no on fornia are exceptional. Mr. Bill Carnahan, who, privilege to serve in this body, the People’s Roll Call Vote 600, agreeing to the conference for more than 16 years, has served with dis- House, understand the honor that has been report for the National Defense Authorization tinction as Executive Director of the Southern bestowed upon us by our community. But to Act for Fiscal Year 2017. California Public Power Authority (SCPPA) will fulfill our responsibilities, both constitutional This year’s NDAA passed by the House of be retiring after 50 years of dedicated service and sacred, we are only as good as the team Representatives continues to contain spending to public utility. around us. Mr. Speaker, I have been blessed for wars that were never authorized by Con- Since he became Executive Director in to work with a remarkable team of individuals, gress, mandates restrictions on closing the 2000, Mr. Carnahan has succeeded in making and I stand here today proud of each one of prison at Guantanamo Bay, and supplements SCPPA one of the largest and most active them and grateful for their willingness to serve Pentagon spending with $67.8 billion in Over- joint action agencies in the country, with a di- our community and our country. seas Contingency Operation funds. For these verse energy resource portfolio. SCPPA rep- It’s a unique role to serve on a congres- reasons, I oppose the Fiscal Year 2017 resents 11 community-owned utilities and one sional staff. You have to bring a servant’s NDAA. irrigation district that provide electricity to 4.8 heart, a commitment to your community, and However, the NDAA did include a lot of million people, over 7,000 square miles in a willingness to listen to the criticisms brought meritorious provisions that I support including Southern California. Mr. Carnahan has worked on not by your own actions, but by the actions a 2.1 percent pay increase for our military with Members of Congress throughout the of the institution for which you work—the ac- men and women. Those who serve in uniform West, from both sides of the aisle, to advance tions that you and I as colleagues take in have already made extraordinary sacrifices for the interests of community-owned utilities. He making decisions of policy and of politics. And our country, and have earned and deserve a is well known for his vision, his ability to bring in doing so, the staff members of this body pay raise. I also strongly support the provi- stakeholders together, and his forthrightness. serve their nation just as faithfully and honor- sions that address the growing problem of Bill has played a pivotal role in advocating on ably as you and I attempt to do so each day. sexual assault in the military by updating the behalf of non-profit, publicly-accountable utili- It is their work, as much as ours, that leads Uniform Code of Military Justice and providing ties that serve consumers in small and large our nation forward, and leads our communities public access to court documents and pro- communities alike. and our neighbors through some of our most ceedings. Under Mr. Carnahan’s leadership, SCPPA challenging times. Additionally, I support the addition of lan- has grown immensely—evolving from six gen- It is for this reason that I recognize with a guage to direct the DOD to complete a review eration and transmission projects in its early grateful heart, and on behalf of a grateful com- of all California Guard members who were im- days, to 32 generation and three transmission munity, the work of the following individuals pacted by the California National Guard Bonus projects bringing power from Arizona, New who have served Florida’s 13th Congressional Recoupment scandal and alleviate financial Mexico, Utah, Washington, Oregon, California District during my time in office: hardship for California Guardsmen who were and Nevada to Southern California today. Mr. Mr. John David White, Chief of Staff; Mr. erroneously paid bonuses. I am appalled that Carnahan helped enact legislation to extend Preston Rudie, Communications Director; Ms. the Pentagon punished service members for

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.046 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1651 mismanagement by National Guard officials, TRIBUTE TO JOSEPH K. AWADJIE the years Mr. Tencza has been a champion in and previously signed a letter to the Secretary furthering industry and education in Cadillac. of Defense demanding that the DOD halt HON. JOSE´ E. SERRANO He has played a vital role in the formation of recoupment efforts. OF NEW YORK the Business Expo and the LEAD meetings, along with fostering relationships between Despite progress on these issues, I have IN THE HOUSE OF REPRESENTATIVES those in business and education. serious concerns with the bill. I have always Thursday, December 8, 2016 Mr. Tencza remains very active in the com- advocated for maintaining Congress’s constitu- Mr. SERRANO. Mr. Speaker, it is with great munity and has served as a judge for the Con- tionally-confirmed prerogative to declare war pleasure and admiration that I stand before gressional App Challenge from our district. He under the War Powers Act and limiting the you today to honor Mr. Joseph K. Awadjie for also works with the Northern Michigan Cham- President’s authority to engage in armed con- his years of compassionate advocacy and tire- ber Alliance, Cadillac Industrial Fund and the flict without the consent of Congress. I strong- less work to improve the lives of our students. Cadillac Area Industrial Group. ly oppose the NDAA’s authorization of spend- Born and raised in Ghana, Mr. Awadjie is After 16 years as the President of the Cad- ing for wars that are not congressionally ap- fluent in the languages of Twi, Fanti and Ga. illac Area Chamber of Commerce, Bill has left proved. The President has sent troops to Iraq, Emigrating from Ghana, Mr. Awadjie was a legacy of hard work and dedication to the Syria and elsewhere without seeking an Au- drawn to CUNY because of its rich diversity community of Cadillac. thorization of Use of Military Force (AUMF), a and broad service to New Yorkers of all back- On behalf of the Fourth Congressional Dis- violation of the War Powers Act. grounds. Mr. Awadjie is dedicated to ensuring trict of Michigan, I am honored today to extend Additionally, the NDAA continues to bar the that students have an active role in university my gratitude to Bill Tencza for his many years governance, and is committed to improving of hard work and service in the Cadillac Area use of funds from transferring detainees from the quality of public higher education through Chamber of Commerce, and wish him a happy the Guantanamo Bay prison and prevents the advocacy efforts at the university, city, and and healthful retirement. President’s plan to permanently close this fa- state levels. f cility. The prison at Guantanamo Bay has Mr. Awadjie earned his Master of Science been a black eye for the United States, has Degree at Brooklyn College, specializing in RECOGNIZING 50 YEARS OF THE eroded relationships with our allies, under- Natural and Behavioral Sciences, in June of BI-STATE REGIONAL COMMISSION mined U.S. missions, and put our troops at 2016. Prior to his graduate studies, Mr. risk of retaliation. Awadjie earned his B.S in Exercise Science HON. CHERI BUSTOS Most importantly, this bill fails to rein in the from Brooklyn College. In 2014, Mr. Awadjie OF ILLINOIS only federal agency that is not fully auditable was elected the thirtieth Chairperson of the IN THE HOUSE OF REPRESENTATIVES University Student Senate (USS) and just and continues to authorize wasteful spending Thursday, December 8, 2016 without implementing proper oversight of the completed his second term as the USS Chair- Mrs. BUSTOS. Mr. Speaker, I rise today to Pentagon’s budget. I am outraged by a recent person and CUNY Trustee. congratulate the Bi-State Regional Commis- report revealing $125 billion dollars in largely Mr. Awadjie has a long record of service at sion on 50 years of collaboration to promote administrative, bureaucratic spending at the CUNY. While at Brooklyn College, he has served as Senator of Student Government, important changes to transportation, commu- Pentagon was covered up. I have fought for President of the Forensics Debate team and nication, technology, and the environment in fiscal responsibility and accountability at the the Academic Club Association, and Captain the Quad-Cities area. Pentagon so that scarce funds can better be of the men’s soccer team. Shortly upon return- Through intergovernmental and regional co- spent on the basic needs of our troops, obliga- ing to Brooklyn College for his Master’s de- operation, this commission has brought local tions to veterans of past wars and other do- gree, Mr. Awadjie was elected President of the governments from Illinois and Iowa together to mestic priorities throughout my time in Con- Graduate Student Organization. address important economic issues and col- gress. During his tenure at USS, Mr. Awadjie was laborate on projects for the benefit of the re- Although this year’s NDAA contained signifi- an integral part of the grassroots campaign gion. Some notable projects include devel- cant bipartisan compromises it also failed to that restored a Merit Based Scholarship within oping our interstate system, the expansion of address some of my longtime concerns. the New York City Council Budget. With the 1–74 bridge and improvements to pas- strong support from the City Council Com- senger rail service and transit systems in the f mittee on Higher Education, Mr. Awadjie region. I applaud the efforts of this commis- helped secure $11.1 million in the FY2015 sion for their commitment to excellence in the RECOGNIZING NATALIE RAMOS AS Budget and $17 million in the FY2016 budget Quad Cities. AN OUTSTANDING PUBLIC SERV- for a Merit Based Scholarship for CUNY stu- Mr. Speaker, I again want to congratulate ANT dents. In 2016, Mr. Awadjie led a successful the Bi-State Regional Commission for this re- student campaign to halt tuition increases at markable achievement and I thank them for CUNY, while helping acquire increased fund- their 50 years of service to our community. HON. ALAN GRAYSON ing for essential university programming. f Mr. Speaker, I respectfully ask that you and IN TRIBUTE TO NANCY O’KEEFE OF FLORIDA my other distinguished colleagues join me in IN THE HOUSE OF REPRESENTATIVES honoring Mr. Joseph K. Awadjie for his con- sistently remarkable dedication to education HON. GWEN MOORE Thursday, December 8, 2016 and longstanding commitment to improving OF WISCONSIN our community. IN THE HOUSE OF REPRESENTATIVES Mr. GRAYSON. Mr. Speaker, I rise today to recognize Natalie Ramos for her tireless work f Thursday, December 8, 2016 as Constituent Advocate for Florida’s Ninth TRIBUTE TO PRESIDENT OF THE Ms. MOORE. Mr. Speaker, I rise today to Congressional District in Central Florida. CADILLAC AREA CHAMBER OF recognize Nancy O’Keefe who is retiring from Beginning as an intern in 2015, Natalie COMMERCE, BILL TENCZA the Historic Third Ward Association, HTWA, showed great promise from the start. She ex- on January 3, 2017. The HTWA was orga- celled and went on to become a Constituent HON. JOHN R. MOOLENAAR nized 41 years ago and Nancy has served the Advocate where she played a vital role as part OF MICHIGAN organization for 21 of those years. She began since 1996 and for 20 of those 21 years of of the casework team. With her help, the office IN THE HOUSE OF REPRESENTATIVES service has been the Executive Director of the was able to assist members of the community, Thursday, December 8, 2016 HTWA. During her tenure as Executive Direc- namely immigrants, veterans, and those seek- Mr. MOOLENAAR. Mr. Speaker, I rise today tor, the agency has grown tremendously; she ing urgent assistance. She has a bright future to pay tribute to Bill Tencza, upon his retire- has gone from supervising 2 employees to ahead of her as a public servant. ment as the President of the Cadillac Area over 50. I am honored to recognize Natalie Ramos Chamber of Commerce. In the 20 years since Nancy O’Keefe took for her service to my office and the constitu- Bill became the President of the Cadillac charge as executive director, she has helped ents of Florida’s Ninth Congressional District. Area Chamber of Commerce in 2000. Over HTWA act as a catalyst to develop the district

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.049 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1652 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 as an innovative, livable and exciting mixed store in Peoria Heights. Nineteen years later, Team as a team leader and sniper. Sheriff use neighborhood while preserving its historic Frank pursued his dream of turning the Spot- Martin then attended Modesto Junior College and creative character. The neighborhood has ted Cow into a full service restaurant at the Police Academy in 1997 and joined the Pismo emerged with vibrant agencies, businesses, corner of Sheridan and Glen, where it has be- Beach Police Department where he was rec- restaurants and entertainment venues includ- come an institution in the Peoria community, ognized by Mothers Against Drunk Driving and ing: The Broadway Theatre Center with its serving the most delicious food and of course, as an Officer of the Year. Sheriff Martin has spectacular Cabot Theatre draws audiences ice cream. since served as Deputy Sheriff, Sergeant and into the ward at night, many fine restaurants The Spotted Cow is a landmark throughout Lieutenant in the Lake County Sheriff’s Office. bringing a contemporary vibe and flair to the Central Illinois, known for its Italian beef, burg- Sheriff Martin has served as Sheriff for Lake neighborhood, a Congressional District Office, ers, salads, and, most importantly, ice cream. County and provided valuable leadership dur- and the annual Third Ward Art Festival has Frank’s famous, one of a kind ice cream is ing times of crisis. During the devastating fire joined the roster of Milwaukee’s outdoor made in-store with flavors that can only be season of 2015, Sheriff Martin led the evacu- events. However, the construction of the Mil- found at the Spotted Cow. ation of 20,000 people in response to the his- waukee Public Market has been the pivotal I extend my sincere congratulations to Frank toric Valley Fire, which burned over 70,000 point in guaranteeing the Third Ward’s sus- on a successful career as a Peoria icon, and acres and destroyed nearly 2,000 structures. tained viability, as well as, a new hotel, the I look forward to seeing his legacy carry on as His actions saved countless lives in Lake Journeyman. However, the HTWA does not The Spotted Cow continues to serve as a cor- County. want to rest on its laurels, Nancy would like to nerstone of Peoria culture for years to come. Mr. Speaker, I thank Sheriff Martin for his see more public space, more people getting f dedication to our community’s safety. For this off the streetcar and shopping and dining in reason, it is fitting and proper that I honor him restaurants, as well as, a grocery store and a RECOGNIZING BELLA RUBIO FOR here today. drug store in the Third Ward. HER 20 YEARS OF DEDICATED f Nancy O’Keefe is responsible for the many PUBLIC SERVICE TO REAL COUN- TYBEE ISLAND VETERANS CIRCLE social events which are staples of the down- TY AND THE STATE OF TEXAS OF FREEDOM MEMORIAL MONU- town culture and brought many visitors to the MENT Third Ward including: Summer Sizzles, Christ- HON. LAMAR SMITH mas in the Third Ward, Gallery Nights, World’s OF TEXAS Largest Coffee Break, Shortest & Smallest St. IN THE HOUSE OF REPRESENTATIVES HON. EARL L. ‘‘BUDDY’’ CARTER OF GEORGIA Patrick’s Day Parades, Sculptures on Ice Thursday, December 8, 2016 Competitions, and Small Business Saturdays. IN THE HOUSE OF REPRESENTATIVES She has also served on numerous boards in- Mr. SMITH of Texas. Mr. Speaker, today I Thursday, December 8, 2016 want to recognize Bella Rubio for 20 years of cluding: Architectural Review Board, Friends Mr. CARTER of Georgia. Mr. Speaker, I rise dedicated public service to Real County and of Lakeshore State Park, and Downtown today to recognize the Tybee Island Veterans the State of Texas. Neighborhood Association. Circle of Freedom Memorial Monument. Bella currently serves as county and district I am grateful to have had the opportunity to This monument is a tribute to all branches clerk for Real County, the western-most coun- know and work with Nancy O’Keefe. In fact of the military: Army, Navy, Air Force, Ma- ty that I represent. She is retiring but her leg- my Congressional District Office is sited in the rines, Merchant Marines, and Coast Guard. Third Ward. I have had the privilege of joining acy will live on for years to come in the towns It was built for all veterans that have pre- with Nancy and other dignitaries to promote of Leakey and Camp Wood in Real County. viously served in the United States Armed Bella has been a dear friend to me and my Small Business Saturday and other events in Forces as well as those currently serving. the Third Ward. I join with friends in congratu- staff for two decades. She is well-respected in The Veterans Circle of Freedom Memorial lating her on her retirement. I wish her much her community and has helped me greatly in Monument took several years to complete, success as she transitions into a different serving Real County at the federal level. For with a committee dedicated to this project be- phase of her life. anyone in Real County needing assistance ginning their work in October 2006. Tybee Is- Mr. Speaker, I am proud to honor Nancy with the government, Bella has been there for land donated a piece of property in Memorial O’Keefe and celebrate her outstanding leader- them. She is dedicated, persistent, and con- Park, and the groundbreaking was done two ship. Nancy O’Keefe has overseen the Third scientious. years later, on December 7, 2009. Ward’s transformation from a district with Apparently, Bella has inspired a spirit of I am proud to represent a district whose citi- growing potential into an urban success story. public service in her son, Lucus, who is now zens came together to build this memorial The citizens of the Fourth Congressional Dis- interning in my San Antonio district office. monument. Generous donations poured in trict and the State of Wisconsin are privileged Congratulations to Bella Rubio on her retire- from community members, fundraisers, and to have someone of her ability and dedicated ment. Everyone who knows her appreciates even brick sales. This speaks to the proud service working on their behalf for so many her many contributions to Real County. She is military tradition present on Tybee Island, and years. I am honored for these reasons to pay a patriot, a leader, and a friend to all. And for Georgia’s First Congressional District, more tribute to Nancy O’Keefe. all that she deserves our heartfelt thanks. broadly. The monument is a beautiful tribute to f f our servicemen, and I thank the city of Tybee Island for making it happen. COMMEMORATING FRANK HONORING SHERIFF BRIAN ABDNOUR, OWNER OF THE SPOT- MARTIN f TED COW IN HONOR OF ANNA MARIE SMITH HON. MIKE THOMPSON HON. DARIN LaHOOD OF CALIFORNIA HON. DONALD NORCROSS OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES Thursday, December 8, 2016 IN THE HOUSE OF REPRESENTATIVES Thursday, December 8, 2016 Mr. THOMPSON of California. Mr. Speaker, Thursday, December 8, 2016 Mr. LAHOOD. Mr. Speaker, I would like to I rise today to honor Sheriff Brian Martin, Mr. NORCROSS. Mr. Speaker, I rise today recognize Frank Abdnour of Peoria, Illinois on whom I have named a 2016 Public Safety to honor Ms. Anna Marie Smith, a woman of his retirement as owner of The Spotted Cow, Hero of the Year for Lake County in Califor- strength, character and commitment to her an iconic restaurant in my hometown. nia’s 5th Congressional District. This award is community. Ms. Smith has been a friend, Mr. Abdnour first opened the Spotted Cow given to exceptional members of our commu- mentor and volunteer to many individuals and in the early 1980’s as an ice cream push-cart nity who perform beyond their duty as a public for organizations throughout the City of on the Bradley University campus. During this servant. Gloucester City and the surrounding commu- time, Frank became a fixture of campus life A native of Lakeport, California, Sheriff Mar- nity in southern New Jersey, including myself, and a favorite of students in need of a frozen tin enlisted in the United States Army Military and it only seems fitting that we honor some- treat in between classes. In 1987, fueled by Police in 1992. While in the Army, Sheriff Mar- one on the floor of the House of Representa- the American entrepreneurial spirit, Frank suc- tin was a paratrooper and was assigned to the tives who has dedicated herself to helping oth- cessfully opened a brick-and-mortar ice cream Fort Bragg Military Police Special Reaction ers.

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.054 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1653 Ms. Smith has lived in the City of Glouces- Chief Judge Cato was a member of the Senator Evans understood this. He under- ter City since 1963. Throughout the time since Council of Superior Court Judges and served stood that even man’s greatest feats of archi- then, she has proven to be a tireless advocate as Secretary and Treasurer in 1983–1984 tecture could not compare to the magnificence for veterans, children, those less fortunate and under President Judge Emory Findley. Chief Mt. Rainer’s over 14,000 foot summit or the animals. Judge Cato succeeded Judge Findley as the hidden pristine lakes in the North Cascades. For the past twenty-eight years, Ms. Smith President of the Council in 1984–1985. He understood we only have one chance to has been the Secretary to the Gloucester City Chief Judge Cato also served as an Admin- protect these gifts. Board of Health. She worked for a decade at istrative Judge of the Second Judicial Adminis- And as a Republican from Washington the Camden County, New Jersey Clerk’s Of- trative District for two terms: 1986 through State, he showed us that conservation did not fice until she retired at the age of 82. 1988 and 2002 through 2006. As Administra- have to be a partisan issue. It is a duty that She formed the Heroes to Hero Run and tive Judge, he served on the Executive Com- falls on all of us, regardless of party or region. Memorial Scholarship Event in honor of our mittee of the Council during these time peri- Senator Evans deserves to be recognized fallen soldiers, and remains actively involved ods. for the contributions he made to my home in that yearly event. She is an active member Throughout his career, Chief Judge Cato state and to our country. I ask my colleagues of the local Democratic Committee’s Executive has been recognized for his commitment and in the House to please join me in supporting Board and attends monthly meetings and vol- leadership on the bench. This year, he re- the Daniel J. Evans Olympic National Park unteer activities. ceived the 5th Annual Emory Findley Award Wilderness Act. Ms. Smith works actively with the City of for Outstanding Judicial Service from the f Gloucester City’s Rabies Clinic, and volun- Council of Superior Court Judges. Always a teers to help staff the events in the City and mentor to those around him, Chief Judge Cato TRIBUTE TO SCOTT AUWATER she regularly volunteers her time for the City’s possesses the rare quality of humble leader- Red Cross Blood Drive. She volunteers at the ship. ´ local Ronald McDonald House, at the Larc After retirement, Chief Judge Cato will enjoy HON. JOSE E. SERRANO School for disabled children, and helps to col- spending time with his wife, Sadie; their three OF NEW YORK lect school supplies and winter clothing items children, Karen, Wally, and Nancy; and six IN THE HOUSE OF REPRESENTATIVES for local school children. grandchildren. Chief Judge Cato has accom- Thursday, December 8, 2016 With all of her volunteer efforts, Ms. Smith plished much in his life, but none of it would remains a proud Grandmother to Velann be possible without the love and support of Mr. SERRANO. Mr. Speaker, it is with great Tomlin and is fixture in the lives of her Great the family he cherishes so dearly. pleasure and admiration that I stand before Grandchildren, Luke and Mersadie. Mr. Speaker, I ask my colleagues to join me you today to honor Mr. Scott Auwater for his Mr. Speaker, Ms. Smith continues to en- in extending our sincerest appreciation and many years of selfless and compassionate courage and inspire everyone who knows her best wishes to the Honorable A. Wallace Cato service to the African community, and all of and those she continues to meet. I hope that upon the occasion of his retirement from an our community’s residents. you will all join me in thanking her for all she outstanding career spanning 38 years as a Scott Auwater became BronxWorks’ Assist- has done and will continue to do for her Judge for the South Georgia Judicial Circuit. ant Executive Director for Case Management friends, family and neighbors. Programs in 2002 after serving as a depart- f ment director for seven years. He is an alum- f DAN EVANS OLYMPIC nus of the State University of New York at IN RECOGNITION OF THE WILDERNESS ACT Cortland and has a Master’s degree from the HONORABLE A. WALLACE CATO Hunter College School of Social Work. After HON. DAVID G. REICHERT graduating from college, he served for two years in the Peace Corps in Sierra Leone. HON. SANFORD D. BISHOP, JR. OF WASHINGTON Scott first joined BronxWorks as a student in- OF GEORGIA IN THE HOUSE OF REPRESENTATIVES tern in 1986 and has been a full-time staff IN THE HOUSE OF REPRESENTATIVES Thursday, December 8, 2016 member since 1988. Thursday, December 8, 2016 Mr. REICHERT. Mr. Speaker, my home His portfolio includes BronxWorks’ street Mr. BISHOP of Georgia. Mr. Speaker, it is state of Washington and the region I represent homeless services, family shelters, HIV/AIDS my honor and pleasure to extend my personal are known for their breathtaking natural treas- services, and foster care prevention programs. congratulations and best wishes to an excep- ures. Scott established the BronxWorks Homeless tional public servant and outstanding leader, Visitors from around the world come to take Outreach Team, led BronxWorks’ expansion Chief Judge Anthony Wallace Cato, on the oc- in the view of Mt. Rainier and hike the beau- into the homeless services programs, and he casion of his retirement from the South Geor- tiful trails in the North Cascades. is widely recognized as an expert on home- gia Judicial Circuit in Bainbridge, Georgia. But we cannot talk about Washington’s nat- lessness. He oversaw BronxWorks’ role in A. Wallace Cato was born on February 6, ural treasures without thanking the man who’s dramatically reducing street homelessness in 1938 in Decatur County, Georgia to the late been instrumental in maintaining and pro- the borough and has done innovative work in John Ebb Cato and Edna Stegall Cato. A tecting them for future generations. addressing the health needs of chronically Georgia man through and through, he has Former Washington governor and U.S. Sen- homeless individuals. lived in Bainbridge his entire life. He attended ator, Dan Evans, had an unwavering commit- Scott has served on a number of not-for- the University of Georgia and graduated with ment to preserving our state’s national parks profit boards over the years including The a bachelor’s degree in 1960 and a law degree and forests throughout his distinguished 50 Bronx Borough President’s African Advisory in 1964. years as a public servant. Board and Throup Family Residence, a Bronx In 1966, he was elected to the Georgia From the 1984 Washington Wilderness Act faith-based organization that shelters families House of Representatives but he resigned in to the Washington Park Wilderness Act of and provides permanent supportive housing. November 1969 to take office as District Attor- 1988, Senator Evans’ initiatives have had a Scott is married to Luz Real and has four chil- ney for the South Georgia Judicial Circuit. He lasting impact on every person who had or will dren. In the years since his Peace Corps serv- served as District Attorney, prosecuting crimes get the opportunity to experience Mother Na- ices ended, Scott has kept in close contact in Southwest Georgia, until 1978. ture’s gifts. with his network of friends in Sierra Leone and Judge Cato resigned as District Attorney in It is only fitting that the name of the Olympic returned to the country twice. Scott and Luz’s 1978 and was appointed as Superior Court National Park Wilderness recognizes the ef- youngest son, Hassan, was born in Sierra Judge for the South Georgia Judicial Circuit in forts of the man who fought so hard to pre- Leone during the country’s brutal civil war and a newly added seat. He served as Judge serve it. Hassan was adopted after his birth parents under Chief Judge Robert Culpepper, Jr. until As someone who remembers the excite- were killed during the war. December 15, 1982 when Judge Culpepper ment of exploring our national forests as a kid, Mr. Speaker, I respectfully ask that you and retired. At that time, Judge Cato became Chief it has been one of my greatest pleasures as my other distinguished colleagues join me in Judge and he has maintained that position a father—and now as a grandfather—to pass honoring Mr. Scott Auwater for his consistently since. the experience on to new generations. remarkable dedication to public service.

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.059 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1654 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 REP. CORRINE BROWN, RANKING erans Committee at the time of enactment, transitioning from active duty experience re- MEMBER COMMITTEE ON VET- she was a conferee and participated fully in adjustment issues such as post-traumatic ERANS AFFAIRS NOTABLE AC- the negotiations that led to the program’s stress disorder (PTSD), military sexual trau- inception. ma, substance abuse, and homelessness simi- COMPLISHMENTS OF 114TH CON- Since I became the Ranking Member, VA lar to their male counterparts, yet there are GRESS has proposed following the current Choice indications that military service may affect program with a more permanent program women differently than men. Research has HON. CORRINE BROWN and has presented the Committee with a shown that women exposed to stressful situ- ations like combat or military sexual trau- OF FLORIDA long-term strategy for consolidation of com- munity care programs. ma react differently than their male coun- IN THE HOUSE OF REPRESENTATIVES One of the essential elements is that the terparts, and female veterans commit sui- Thursday, December 8, 2016 plan streamlines eligibility requirements for cide at nearly six times the rate of other women. Ms. BROWN of Florida. Mr. Speaker, U.S. veterans to receive increased access to care in their communities from non-VA providers. Ensuring that VA is properly addressing Representative CORRINE BROWN, has been a The goals of the new Choice program include the unique needs of women veterans is an es- member of the House Veterans Committee for making access to community care easier to sential component of the Committee’s over- 23 years becoming its Ranking Member at the understand, improving the veterans’ experi- sight efforts. During the 111th Congress, the beginning of the 114th Congress. Because of ence, clarifying the program for VA staff, Caregivers and Veterans Omnibus Health my long tenure my work in key policy areas and make it easier for community providers Services Act of 2010 (P.L. 111–163, 124 Stat. 1130) required VA to conduct, through the bridges from one Congress to the next. With to partner with VA, provide seamless con- nections between VA and community pro- Readjustment Counseling Service Vet Center that said, here are a few highlights of my ac- Program (RCS), a pilot program to evaluate viders and apply best practices from the pri- complishments in the 114th Congress: the feasibility and advisability of providing vate sector. RESTRUCTURING THE VA BUDGET I have taken a leadership role in three key reintegration and readjustment services in group retreat settings to women veterans re- I sponsored the Department of Veterans areas to help in the implementation of the cently separated from service in the Armed Affairs Budget Planning Reform Act, H.R. new program: 216, which restructures the VA’s budget 1. Encouraging veterans to sign up for Forces after a prolonged deployment. The pilot program ran for two years. Evaluation based on how much it costs to deliver serv- care. In opening statements before Full Com- data was gathered pre-retreat, immediately ices to veterans. It sets down the require- mittees hearings and repeatedly in public fo- post-retreat, and 2-month post-retreat. Writ- ments for knowing what their needs are and rums at home and in Washington, I have ex- ten feedback from the veteran participants then draws up a budget that will meet those pressed frustration that too many veterans immediately after the retreats was unani- needs. don’t sign up for the VA care they are enti- mously positive for both years and RCS re- In its present form, the Department of Vet- tled to. In order to overcome any doubts ceived several letters from participants ex- erans Affairs budget process does not provide about the quality of care veterans may have pressing their gratitude for the opportunity. sufficient information on not only current after the drumbeat of negative news about More importantly, the majority of the resource requirements, but also future fund- the VA after the wait time scandals in 2013, women veterans who participated in the re- ing needs. To improve the budget formula- I counter the negative images summarizing treats showed improvements in their psycho- tion process and by extension, the Commit- survey figures indicating that once they are logical well-being, decreased stress symp- tee’s understanding of the Departments in the system and receiving care, veterans toms, improved stress coping skills, and a re- goals and the resources needed to meet those are extremely satisfied with the quality of duction in the severity of their PTSD symp- goals H.R. 216 reforms the manner in which that care. toms immediately both following the retreat the Department of Veterans Affairs (VA) de- 2. Recognizing that there were implemen- and 2-months post retreat. H.R. 1575 was re- termines, plans for, and delivers health care, tation problems and that unusually close co- ported to the House by the Veterans Com- benefits and services, by requiring the VA to ordination between Congress and the VA mittee on November 2, 2015, and awaits con- periodically review and assess veterans’ would cut through them faster, I called sideration on the House Floor. needs, identify a plan of action to meet these meetings with Democratic House Members I cosponsored H.R. 1948, the Veterans’ Ac- changing needs, and align its resource re- and VA Secretary Robert McDonald to allow cess to Child Care Act, sponsored by Rep. quirements with its current, and future, op- members to air concerns, prioritize changes Julia Brownley, Ranking Member of the erations. that needed to be made, and determine Health Subcommittee. It expands and makes H.R. 216 passed the House on March 24, 2016 whether legislation would be needed to fix permanent a successful pilot which provides by a vote of 420–0, and awaits action in the the problems. drop off child care services for veterans with Senate. 3. The absence of a workable provider appointments at a VA medical center. Stud- CLEARING LOGJAMS IN HOSPITAL CONSTRUCTION agreement proved to be a major logjam in ies of the four original sites in the pilot Funding caps, contractor lawsuits and de- the delivery of Choice Program care. Upon showed that the program is extremely pop- ular with veterans, particularly veterans sign changes have delayed and even threat- discovering this, I led an effort among House who are grandparents. The program also ened the opening of new VA medical facili- Committee members to put in place a simple proved to have been effective in reducing ‘‘no ties. two-page provider agreement so more pri- show’’ appointments at VA. By consistently concentrating on getting vate care doctors could begin delivering hospitals open I helped the Veterans Com- services to veterans and be paid in a timely HOMELESS VETERANS mittee bypass the partisan infighting and manner. I sponsored H.R. 5407, the Homeless Vet- legislative stalemates that threatened to OPIOIDS erans with Children Reintegration Act. It di- shutter new construction projects. I led the Opioid abuse is a rampant problem which rects the Secretary of Labor to put homeless effort to garner support among the Demo- cuts across all socioeconomic classes. Recog- veterans with dependent children at the top cratic Caucus for down-to-the-wire emer- nizing that wounded veterans are at risk for of the list to receive services through the gency funding necessary to finish new con- the over prescription of opioids for pain Homeless Veterans Reintegration Program struction projects, while at the same time, treatment. I advocated for VA to initiate a (HVRP). This program provides grants to working in close coordination with VA Sec- program of ensuring alternative treatment local workforce boards, non-profits, and retary McDonald and the Chairman of the techniques. In May, 2016, the House passed a community and faith-based organizations to House Veterans Committee to provide nec- bipartisan package of bills to battle Amer- help homeless veterans find jobs. essary assurances that those at the VA re- ica’s growing epidemic of painkiller abuse HVRP is one of the few nationwide federal programs focusing exclusively on helping sponsible for malfeasance in new hospital and heroin addiction focusing on opioid ad- homeless veterans reintegrate into the work- construction would be held accountable. The diction, treatment and prevention. An im- force. By making veterans with children the funding passed the House September 30, 2015 portant element was the PROMISE Act, priority to receive the temporary housing as part of an omnibus bill to continue to which will help improve VA opioid safety, and the wrap-around services necessary to fund the government after a previous con- and provide Veterans with safe, personalized support a single working parent with chil- tinuing resolution expired. care to deal with their physical and invisible dren, it is my hope that vulnerable families wounds including using alternative treat- CHOICE PROGRAM will stabilize, move on to permanent housing ment techniques. From the beginning, the Veterans cite access to health care, both and employment, and one-by-one, never be PROMISE Act is a bipartisan bill. It is cur- physical and mental care, as their most im- forced to spend another night in an unsafe portant benefit. The Veterans Choice pro- rently being conferenced with similar legis- environment. The bill would also require gram was enacted by the 113th Congress as a lation which passed the Senate. DOL to study access to shelter, safety and temporary program in the wake of the wait WOMEN VETERANS other relevant services for homeless veterans time scandal that was endemic across the I introduced H.R. 1575, which makes per- with dependent children. This information VA in 2014. In the first full year after enact- manent a highly successful pilot program to would help us understand the problem and ment, VA made 1.6 million more appoint- provide counseling in retreat settings for identify opportunities to resolve issues fac- ments than it did the year before. Though women veterans newly separated from serv- ing homeless veterans with children. A hear- she was not the Ranking Member of the Vet- ice in the Armed Forces. Women veterans ing was held on June 23 in the Committee on

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.063 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1655 Veterans Affairs. Testimony in support of its COMMENDING THE WASHINGTON Officer Jeremy A. Schenck, Prince William passage was received from the American Le- REGIONAL ALCOHOL PROGRAM County Police Department; gion Veterans of Foreign Wars, Disabled AND THE KICKOFF OF Officer Benjamin Tomasiello, United States American Veterans, Paralyzed Veterans of America and the Vietnam Veterans of Amer- SOBERRIDE Park Police; ica. Trooper Zachary Koon, Virginia State Po- DISABLED VETERANS HON. GERALD E. CONNOLLY lice. IT Accessibility for Visually Impaired Vet- OF VIRGINIA Mr. Speaker, I ask that my colleagues join erans—In February, 2015, i pushed the VA IN THE HOUSE OF REPRESENTATIVES me in congratulating the recipients of the Law Secretary to ensure the agency is compliant Thursday, December 8, 2016 Enforcement Awards of Excellence and in rec- with laws requiring VA website accessibility ognizing WRAP for its 34 years of public serv- for disabled veterans, particularly for vis- Mr. CONNOLLY. Mr. Speaker, I rise today ice. I commend the staff of WRAP under the ually impaired veterans, and received the to recognize the Washington Regional Alcohol leadership of President Kurt Erickson for their George ‘‘Buck’’ Gillispie Award from the Program (WRAP) and to congratulate the re- tireless dedication to eradicating underage Blinded American Veterans Foundation in cipients of the Law Enforcement Awards for drinking and drunk or drugged driving. Their June, 2016. Excellence. Caregivers—In 2010, the Caregivers and efforts combined with the support of partner Founded in 1982, WRAP is an award-win- organizations and law enforcement agencies Veterans Omnibus Health Services Act (P.L. ning, public-private coalition formed to fight 111–163) was enacted to provide comprehen- have truly saved lives and are deserving of sive caregiver support to caregivers of vet- drunk driving, drugged driving, and underage our highest praise and gratitude. drinking in the Washington, D.C., metropolitan erans severely injured or disabled after Sep- f tember 11, 2001. I strongly advocated for the region. Through educational and innovative enactment of the original program. In the public outreach programs, WRAP is credited IN RECOGNITION OF ISRAEL’S 68TH six years since, I have spoken with many with keeping local alcohol-related death rates INDEPENDENCE DAY caregivers in my district who have benefited consistently below the national average. Its from the program, but also heard from care- programs educate students and the general HON. CAROLYN B. MALONEY givers who have given up careers to provide public on the dangers of alcohol and drugs, unpaid care for veterans suffering from ill- OF NEW YORK particularly driving while under the influence. ness rather than injuries, or who were in- IN THE HOUSE OF REPRESENTATIVES jured or became ill before 9/11. I strongly Through the WRAP Holiday SoberRide pro- favor expanding this highly successful pro- gram, individuals who are impaired can re- Thursday, December 8, 2016 gram to provide support for them by cospon- quest a free cab ride home. Since SoberRide Mrs. CAROLYN B. MALONEY of New York. soring H.R. 1969, the Military and Veteran was launched in 1993, 65,385 free cab rides Mr. Speaker, I rise to celebrate Israel’s 68th Caregiver Services Improvement Act. The have been provided in the Washington Metro- Independence Day commemorating the day bill has been referred to the Veterans Com- politan area, preventing potential accidents before the expiration of the British Mandate in mittee and several other committees con- and deaths. tinues to push for hearings and has advo- 1948, when Prime Minister David Ben-Gurion cated about the need to find the necessary In 1982, the year that WRAP was founded, declared the establishment of Israel as the funding by closing tax loopholes and not cut- 26,173 people in the United States lost their sovereign state of the Jewish people. I am ting other VA programs. lives in alcohol-related car accidents, and 60 pleased to celebrate that defining moment, as HONORING AND MEMORIALIZING VETERANS AND percent of all traffic fatalities involved drunk well as Israel’s remarkable growth and suc- SURVIVING SPOUSES driving. Due to the tireless efforts of WRAP, cess. I sponsored H.R. 3715, the Final Farewell other organizations such as MADD and When the United Nations issued Resolution Act of 2016. It provides for Saturday burials SADD, local and state police, and enforce- 181 on November 29, 1947, approving the for any eligible veteran or spouse at any of ment of more stringent anti-drunk driving laws, Special Committee on Palestine’s partition the nation’s 134 National Veterans’ Ceme- considerable progress has been made in de- plan establishing a Jewish and an Arab state, teries in light of the preference in certain creasing the number of alcohol-related traffic it seemed to be the culmination of decades of communities and cultures in the US who, by fatalities, yet more still must be done. In 2015, tradition, hold burial services on Saturdays. hard work and bold dreams. On May 14, 1948 This makes it possible for family members 10,265 people died in the United States in al- (5 Iyar), as the British Mandate was coming to to be comforted when they need it most. cohol-related crashes which represents 29 an end, David Ben-Gurion held a special cere- H.R. 3715 passed the House by voice vote on percent of all traffic fatalities. Sadly, this is a mony at the Tel Aviv Museum and read the May 23, 2016. 3.2 percent increase over the 2014 fatalities Declaration of Independence (Megilat Introduced H.R. 5059 the Love Lives On Act which totaled 9,967. HaAtzma’ut), announcing the establishment of of 2016, April 26, 2016, which allows spouses to Since 1997, WRAP has sponsored an an- a Jewish nation to be known as Israel. The continue to receive survival benefits should nual Law Enforcement Awards Ceremony to members of the Provisional State Council they remarry, which has been, referred to honor local law enforcement professionals Subcommittee on Disability Assistance and joined him in signing the document. America Memorial Affairs. I am working with Vet- who have gone above and beyond the call of recognized Israel just after midnight on May eran Service Organizations such as the Gold duty in the fight against drunk driving. It is my 15, moments after the new nation was pro- Star Wives of America and Tragedy Assist- honor to include the following names of the claimed. ance Program for Survivors (TAPS) to gar- Law Enforcement Awards of Excellence for Since that day the relationship between the ner the support and find the funding offsets Impaired Driving Prevention recipients: United States and Israel has strengthened and needed to make this bill a priority and move Officer Wesley Vitale, City of Alexandria Po- flourished. Israel remains a beacon of hope it forward. lice Department; and justice in an otherwise tumultuous region. I took the lead in the effort by Members of Officer John Clark, Arlington County Police Congress on the House side for the inclusion Democracy, freedom of expression, an inde- in H.R. 4909, the 2017 National Defense Au- Department; pendent judiciary and government by the rule thorization Act (NDAA) and H.R. 4974, the PFC Kevin Hedden, City of Falls Church of law are among the ideals shared by our two 2017 Military Construction Appropriations Police Department; nations. As a result of our common outlook, Second Lieutenant Jason Long, Fairfax and Veterans Affairs Act of $5 Million the bonds of friendship between our two na- County Police Department; (through the Department of Defense) to sup- tions are strong and unbreakable. port the Women in Military Service to Private First Class Eliezer Calo, Herndon Like the United States, Israel is a nation of America Memorial (WIMSA) at Arlington Police Department; Cemetery. WIMSA recognizes and honors the Deputy Jason Totaro, Loudoun County immigrants and draws its strength from the di- service of women in the military throughout Sheriff’s Office; versity and tenacity of its people. Israel has the country’s history. The 2017 funding is Trooper First Class Anthony Wallace, Mary- been a haven for Jews from every part of the primarily for maintenance and renovation of land State Police; globe, particularly those fleeing discrimination the Memorial’s building, which is in serious Officer David Naples, Metropolitan Police and expulsion. Israel has succeeded in inte- disrepair. Funding for the WIMSA’s edu- Department; grating diverse populations and making them cational programs and exhibitions come part of Israeli culture. from private fundraising. These efforts were Police Officer III John P. Romack, Mont- successful. H.R. 4909 passed the House on gomery County Department of Police; By investing in its citizens, Israel has proven May 26 and is awaiting action in the Senate. Police Officer III Alex Latifov, Montgomery that a creative and resourceful population can H.R. 4974, passed the House on May 19 and County Department of Police; overcome a lack of natural resources. Lacking the House-Senate Conference Report passed Corporal Sage Saliba, Prince George’s potable water, Israel is at the forefront of de- the House June 22. County Police Department; salination efforts. Lacking arable land, it has

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.063 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1656 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 developed innovative ways to grow produce in Agency (USASA) in Kushiro, Japan, working ASSAULTING PROPERTY RIGHTS the desert. Lacking energy, it has pioneered in cryptography communications. When Cal TO ONE’S INVENTIONS advances in solar and wind energy. Lacking returned to U.S. soil, he continued to serve security, it has built some of the most effective through the Pike County Sheriff’s Department, HON. DANA ROHRABACHER defensive systems to ensure the safety and Pikeville City Police Department, and as a OF CALIFORNIA welfare of its people. Deputy U.S. Marshal Court Security Officer. IN THE HOUSE OF REPRESENTATIVES Given its record of innovation, it makes He is also a Shriner and 32nd Degree Mason Thursday, December 8, 2016 sense that Israel has more high tech start ups in Pikeville. than any other country in the world other than Mr. ROHRABACHER. Mr. Speaker, I would the United States and is a global leader in As individuals, they have helped transform like to call to the attention of my colleagues an medicine. Israeli inventions have revolution- Kentucky’s Appalachian region. As a couple, analysis of our recent government actions to- ized communication, agriculture, imaging and they have conquered the obstacles of life, ward intellectual property rights titled ‘‘Assault- other industries. upheld their wedding vows for 50 years and ing Property Rights to One’s Inventions,’’ Mr. Speaker, I ask that my colleagues join shared a love that so many people spend a which shows how we are undermining our po- me in celebrating the 68th Israeli Independ- lifetime searching for. As a result, they have sition as the world leader in innovation and ence Day. Today we rejoice in Israel’s suc- one son, Eddie, a daughter-in-law, Yvette, and preventing the creation of new wealth. For a country with a momentous beginning, cess, embrace its people, and renew our na- two wonderful grandchildren, Triniti Shae and whose intellectual-property-rights approach tion’s commitment to standing alongside Israel Jonah Brock Runyon. produced the most iconic inventors and inven- in defense of its right to safety and prosperity. My wife, Cynthia, and I wish Cal and Sandy tions in the world, recent changes to Amer- f a happy 50th Anniversary and many more ica’s patent system should be alarming. TRIBUTE FOR CAL AND SANDY years of marital bliss. Mark Twain wrote, ‘‘[A] country without a RUNYON’S 50TH ANNIVERSARY patent office and good patent laws was just a f crab and couldn’t travel any way but sideways or backwards.’’ HON. HAROLD ROGERS IN RECOGNITION OF THE 150TH AN- America made writing ‘‘good patent laws’’ OF KENTUCKY NIVERSARY OF SACRAMENTO that secure intellectual property rights a high IN THE HOUSE OF REPRESENTATIVES CHILDREN’S HOME priority. The Founders enumerated the Patent Thursday, December 8, 2016 Clause in Article I, Section 8 of our Constitu- Mr. ROGERS of Kentucky. Mr. Speaker, I tion—the only individual right named in the rise today to commemorate the 50th wedding HON. DORIS O. MATSUI Constitution itself. The Founders moved quickly to implement anniversary of a beloved couple in Eastern OF CALIFORNIA Kentucky, my dear friends, Cal and Sandy this property right. The Patent Act of 1790 was IN THE HOUSE OF REPRESENTATIVES Runyon of Pikeville. the third law enacted by the first Congress. What did the Founders regard as ‘‘good pat- Cal and Sandy’s commitment and love for Thursday, December 8, 2016 ent law?’’ Deeding newly created property to one another is equally as strong as their devo- its creator. One that democratized the property tion and loyal service to the people of Eastern Ms. MATSUI. Mr. Speaker, I rise today to right to one’s inventions. The 1790 law Kentucky. I say that with confidence due to recognize the 150th anniversary of the Sac- achieved this by awarding a patent to the ‘‘first their combined decades of service in multiple ramento Children’s Home. As the staff, volun- and true inventor.’’ capacities to our nation, our commonwealth teers, and community supporters gather to cel- But lately, Congress, the courts and the ad- and our region. ebrate this momentous occasion and the ministrative branch have diverted America to- Sandy faithfully served as my Field Rep- beautiful renovations on their historic home, I ward the way of the crab. Our own govern- resentative for nearly a decade. In fact, she ask all of my colleagues to join me in recog- ment has whittled away at our patent system, still tries to keep me in line, advising and pro- nizing this outstanding organization. degraded patent rights, devalued patents and viding guidance about projects and politics in I know firsthand the incredible impact the IP and diminished inherent property rights. the Big Sandy region. She is a friend to many What would inventors like Thomas Edison, and has mentored countless young people Children’s home has on our community. I have long been a supporter of the Sacramento Chil- the Wright Brothers and Alexander Graham and rising leaders by taking them under her Bell think about this new direction? Or Found- wing. Sandy started in public service at a dren’s Home and I formerly served as a mem- ber of their board. I will continue to offer my ers such as James Madison? young age, landing her first job with former In recent years, Congress has shifted patent support in any way that I can because I be- Pike County Commonwealth’s Attorney Thom- terms to 20 years from when a patent is ap- lieve in their mission to serve our community’s as Ratliff, and continuing on with the State plied for, though the average patent applica- most vulnerable families. By supporting both Highway Department in Pikeville, serving as a tion pendency is 36 months—far longer for so- children and parents, to create happier, more former representative for the Southern Labor phisticated inventions. Union, and finally earning a gubernatorial ap- stable families, the Sacramento Children’s Congress changed the law to require vir- pointment as former Pike County Circuit Court Home is making an invaluable investment in tually all patent applications to be published Clerk. Today, her heart of service reaches our community. 18 months after filing, even if no patent has Floyd, Johnson, Magoffin, Martin and Pike Founded on February 14th, 1867, the Sac- issued. That’s a problem because it gives IP Counties as Executive Director of the Big ramento Children’s home began as an orphan- thieves a head start by providing them an in- Sandy Area Development District. She has age for abandoned children during the time of vention’s blueprints early. If a patent doesn’t diligently sought out economic development the Gold Rush. Since then, the Sacramento issue, disclosure makes the invention ‘‘prior opportunities and infrastructure enhancements Children’s home has continued to serve the art’’ and unpatentable. to expand clean water and sewer service to most urgent needs of children with unwavering Congress enacted the antiproperty-rights people living in some of our most rural com- dedication. Today, the Sacramento Children’s ‘‘America Invents Act.’’ AIA denies inventors munities. She’s known for getting things done Home provides a variety of services to chil- de novo judicial review if the patent office in- in a no-nonsense approach and doesn’t ac- dren and families, including counseling, emer- validates a patent. AIA also lets patent infring- cept excuses. Sandy is tenacious and fights gency childcare, and programs promoting ers off the hook if they used someone’s pat- for projects that will improve the lives of East- healthy parenting. These wraparound pro- ented invention for a year before a patent was ern Kentuckians. For those reasons, former grams and resources, many of which are pro- filed. It seriously disrupts the one-year grace Governor Louie B. Nunn designated Sandy as vided at no cost to the family, fight and protect period, when inventors could discuss their a bonafide Kentucky Colonel. against child abuse and neglect in our com- ideas with investors and partners, improve While Sandy has worked tirelessly for their details and make a stronger patent appli- munity. project funding, Cal has spent a lifetime serv- cation. ing and protecting our way of life. As a Cor- Mr. Speaker, as the Sacramento Children’s The AIA allows third parties to anonymously poral in the U.S. Marines, Cal served in Guan- Home gathers to celebrate their renovated submit ‘‘prior art’’ while a patent application is tanamo Bay, Cuba and a number of other home on their 150th anniversary, I ask all my being considered. Use of an invention any- posts around the world. He later served as a colleagues to join me in honoring 150 years of where in the world now makes an invention member of the United States Army Security service to Sacramento’s children and families. subject to being invalidated here.

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.065 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1657 AIA changed from a first-to-invent to a first- are to continue as the world leader in inven- INTRODUCING THE STOP ARMING to-file basis for winning the patent. This runs tion and creation of new wealth. TERRORISTS ACT OF 2016 counter to the American principle of a property right to one’s ideas f HON. TULSI GABBARD AIA also put the post-grant challenge proc- OF HAWAII HONORING MARCUS FAUMUI ess, started in 1999, on steroids. Now anyone, IN THE HOUSE OF REPRESENTATIVES with or without standing, may ask the Patent Thursday, December 8, 2016 Trial and Appeal Board to invalidate an issued HON. MIKE THOMPSON patent, with a low burden of proof. Infringers, Ms. GABBARD. Mr. Speaker, under U.S. hedge fund sharks or anyone can bring patent OF CALIFORNIA law it is illegal for any American to provide holders into double-jeopardy-like patent reex- IN THE HOUSE OF REPRESENTATIVES money or assistance to al Qaeda, ISIS or other terrorist groups. If you or I gave money, amination in this quasi-judicial administrative Thursday, December 8, 2016 setting. Judge Randal Rader has called the weapons or support to al-Qaeda or ISIS, we PTAB a ‘‘patent death squad’’ because it re- Mr. THOMPSON of California. Mr. Speaker, would be thrown in jail. vokes patents 80 percent of the time. I rise today to honor Marcus Faumui, whom I Yet the U.S. government has been violating Courts are making it harder to secure a pat- have named a 2016 Public Safety Hero of the this law for years, quietly supporting allies and ent, in rulings like KSR v. Teleflex, Bilski v. Year for Contra Costa County in California’s partners of al Qaeda, ISIL, Jabhat Fateh al Kappos and Mayo v. Prometheus. Judicial rul- 5th Congressional District. This award is given Sham and other terrorist groups with money, ings have also raised the bar for patent own- to exceptional members of our community who weapons, and intelligence support, in their ers to win infringement, in such cases as perform beyond their duty as a public servant. fight to overthrow the Syrian government. Global-Tech Appliances v. SEB, Abbott Labs A native of Richmond, California, Mr. The CIA has also been funneling weapons v. Sandoz and Quanta Computer v. LG. Faumui attended Contra Costa College and and money through Saudi Arabia, Turkey, Even if an inventor gets a patent, then Los Medanos College, where he earned his Qatar and others who provide direct and indi- proves someone is infringing the patent, A.S. in Fire Technology. He then graduated rect support to groups like ISIS and al-Qaeda. courts have put permanent injunction against from the top of his academy class and joined This support has allowed al-Qaeda and their infringers out of reach under eBay v. the Rodeo-Hercules Fire Department, where fellow terrorist organizations to establish MercExchange. A patent is supposed to en- he has made a tremendous impact in a short strongholds throughout Syria, including in sure exclusive rights, but if you can’t stop in- time. Aleppo. fringers from making, using or selling your in- Mr. Faumui is one of the youngest fire- A recent New York Times article confirmed vention even when you’ve proven IP theft, fighters at the department, but has quickly that ‘‘rebel groups’’ supported by the U.S. where is the private property right to exclu- gained the respect of his peers and commu- ‘‘have entered into battlefield alliances with the sivity? nity with his positive attitude and willingness to affiliate of al-Qaeda in Syria, formerly known Agencies like the Federal Trade Commis- contribute in any way possible. At the depart- as Al Nusra.’’ This alliance has rendered the sion, myopically fixated on antitrust and ment, Mr. Faumui serves as the incident pho- phrase ‘‘moderate rebels’’ meaningless. unproven theories of patent litigation abuse, Reports confirm that ‘‘every armed anti- tographer and collects evidence used in the miss the core constitutional goal of patents, Assad organization unit in those provinces [of peer review process. He also shares his expe- namely to vest in individual inventors enforce- Idlib and Aleppo] is engaged in a military rience as a volunteer trainer at the Los able property rights, which include the right to structure controlled by [al-Qaeda’s] Nusra mili- Medanos College Fire Academy and oversees sell or license that intellectual property. The tants.’’ the school education programs for Rodeo and FTC’s recent ‘‘study’’ of certain patent asser- A recent Wall Street Journal article reported Hercules students. tion entities, or PAEs, paints with such a that many rebel groups are ‘‘doubling down on broad brush; it sheds little light on this area of Mr. Speaker, I thank Mr. Faumui for his their alliance’’ with al Nusrah. Some rebel patent litigation. dedication to our community’s safety. For this groups are renewing their alliance, while oth- The FTC lacks sufficient data to draw con- reason, it is fitting and proper that I honor him ers, like Nour al-Din al-Zinki, a former CIA- clusions, especially with an unrepresentative here today. backed group and one of the largest factions sample of 22 firms and no data on the poten- in Aleppo, are joining for the first time. tially abusive practices of large infringers. f ‘‘The Syria Conquest Front—formerly known Making sweeping policy recommendations on HONORING HUGH EVANS as the al Qaeda-linked Nusra Front—is deeply such a thin foundation only picks sides in a intermingled with armed opposition groups of manner that hurts inventors who have no in- all stripes across Syria’s battlefields.’’ terest in setting up manufacturing plants and HON. CATHY McMORRIS RODGERS The CIA has long been supporting a group threatens property rights, including the right to OF WASHINGTON called Fursan al Haqq, providing them with buy or license IP. salaries, weapons and support, including sur- IN THE HOUSE OF REPRESENTATIVES Meanwhile, countries like China, South face to air missiles. This group is cooperating Korea and Taiwan take advantage of the Thursday, December 8, 2016 with and fighting alongside an al-Qaeda affili- FTC’s and U.S. Justice Department’s efforts to ated group trying to overthrow the Syrian gov- Mrs. MCMORRIS RODGERS. Mr. Speaker, weaken the rights and remedies of American ernment. I rise today to honor the life and memory of patent owners. The Levant Front is another so-called mod- These foreign governments enable their Hugh Evans, whose body will soon be interred erate umbrella group of Syrian opposition countries’ businesses’ theft of U.S. IP. How? at Arlington National Cemetery. fighters. Over the past year, the United States By depriving American firms of due process, Hugh was a decorated veteran for his cour- has been working with Turkey to give this equating exclusive patent rights with age during the Vietnam War, receiving three group intelligence support and other forms of ‘‘anticompetitiveness,’’ and running judicial Purple Hearts, a Bronze Star, and a Silver military assistance. This group has joined proceedings based on predetermined out- Star. After hearing his remarkable story, it’s forces with al-Qaeda’s offshoot group in Syria. comes favoring domestic players, rather than clear why. In 1968 he led a platoon through This madness must end. We must stop arm- the rule of law. gunfire and across a mine-filled road to pro- ing terrorists. The Government must end this In Federalist 43, Madison explained that the vide reinforcements to his fellow troops. Later hypocrisy and abide by the same laws that right to inventions belongs to their inventors, that year, he was shot in each arm while di- apply to its’ citizens. and ‘‘the claims of individuals’’ to their IP recting artillery fire at a hidden enemy base That is why I’ve introduced the Stop Arming rights ‘‘fully [coincide]’’ with the ‘‘public good.’’ camp amid gunfire and grenades. Hugh Terrorists bill—legislation based on congres- The exclusive property right benefits society showed bravery in the face of danger, and a sional action during the Iran-Contra affair to while inventors enjoy the fruits of their cre- gentle, humble spirit around all who knew him. stop the CIA’s illegal arming of rebels in Nica- ativity. It worked exceptionally well for about After the war, Hugh had a fulfilling career as ragua. 200 years. an attorney in Spokane, finding joy in his free It will prohibit any Federal agency from But today, our property rights-centered pat- time outdoors and with his family and his con- using taxpayer dollars to provide weapons, ent regime is shifting. These changes to stantly growing list of friends. Hugh passed cash, intelligence, or any support to al Qaeda, America’s once-world-class patent system away in March, and his presence is sorely ISIS and other terrorist groups, and it will pro- must be reversed and our course righted if we missed. hibit the government from funneling money

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.068 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1658 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 and weapons through other countries who are IN HONOR OF THE 25TH ANNIVER- TRIBUTE TO BRONX LEBANON directly or indirectly supporting terrorists. SARY OF THE EAST SIXTIES HOSPITAL—MARTIN LUTHER NEIGHBORHOOD ASSOCIATION KING, JR. DIASPORA CLINIC f HON. JOSE´ E. SERRANO IN RECOGNITION OF HENRY WIRZ HON. CAROLYN B. MALONEY OF NEW YORK OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Thursday, December 8, 2016 HON. DORIS O. MATSUI IN THE HOUSE OF REPRESENTATIVES Mr. SERRANO. Mr. Speaker, it is with great OF CALIFORNIA Thursday, December 8, 2016 pleasure and admiration that I stand before you today to honor the Bronx Lebanon Hos- IN THE HOUSE OF REPRESENTATIVES Mrs. CAROLYN B. MALONEY of New York. pital—Martin Luther King, Jr. Center for their Mr. Speaker, I rise today to recognize the 25th Thursday, December 8, 2016 years of tireless work to improve the lives of anniversary of the East Sixties Neighborhood our community, especially the African Dias- Ms. MATSUI. Mr. Speaker, I rise today to Association (ESNA). For the last quarter cen- pora. recognize Henry Wirz as he retires after thirty- tury, ESNA has had an extraordinary impact Prior to the Diaspora Clinic being opened six years of service to SAFE Credit Union. As on the quality of life of residents of the East June 12, 2012, the primary care staff at the his family, friends and colleagues gather to 60s. Bronx Lebanon Hospital Center and the Dr. celebrate his long list of accomplishments, I ESNA was founded in the summer of 1991 Martin Luther King, Jr. Health Centers found ask my colleagues to join me in honoring this to ensure that residents had a say in decisions that many patients who speak minority lan- great individual who has served and contrib- that were being made in their neighborhood. guages ended up in emergency rooms. The uted so much to the Sacramento Region. The idea for ESNA came about because of a Diaspora Clinic at the Dr. Martin Luther King, Graduating from the MBA program at UC proposal to turn a vacant lot on the corner of Jr. Health Center on 1265 Franklin Avenue, Bronx, New York was first conceptualized to Berkeley, Mr. Wirz started his career at a CPA 63rd Street and Second Avenue owned by the Metropolitan Transportation Authority to a break down the myriad barriers between doc- firm before joining SAFE Credit Union, a not- parking lot. A parking lot would have attracted tors and immigrant patients, and it was for-profit, community-chartered credit union more traffic to one of New York City’s busiest opened specifically for the growing African im- with membership open to businesses and indi- intersections. Instead, the founders, Barry and migrant population in the Bronx. The Diaspora viduals. Upon joining SAFE, he quickly moved Judy Schneider and Neil and Judy McLennan, clinic focuses on providing culturally sensitive up the ranks and after five years took over the were able to persuade the owner to lease the services, including health education, preven- reigns as CEO, staying in that role for the last property to an alternative tenant that was tion, maternal/child health care, chronic dis- thirty-one years. Under his leadership, SAFE more acceptable to the community. ease, dental care, and HIV counseling. Thus Credit Union has grown and flourished. Em- far, the Diaspora clinic has had more than Over the last 25 years, ESNA has grown bracing new ideas and technologies, SAFE 15,000 visits to date. into an influential organization with a com- Credit Union is now the second largest credit The Dr. Martin Luther King, Jr. Health Cen- mitted group of community volunteers. ESNA’s union in the Sacramento Region. It started ter has staff members who speak several of catchment area includes the area from East the African languages and dialects and very with four branches, but has since grown to 60th to East 69th Street from the East Side of twenty-one service centers across twelve often they act as cultural ambassadors who Third Avenue to the East River, and is home help bridge the trust between the Diaspora pa- Northern California counties. SAFE’s work- to more than 35,000 New Yorkers. Today, force has grown from 130 employees to close tients and the medical system. The Clinic has ESNA’s many committees all work together to reached out to the West African population by to 600. Over his entire career, Mr. Wirz has make the community a better place to live. way of direct visits to mosques and churches; worked tirelessly for the more than 190,000 ESNA volunteers help prune street trees, pro- participated in their radio programs; and also members of SAFE, and his efforts are a major mote recycling, remove graffiti from city prop- organized and participated in numerous health reason why the credit union is such a pillar in erty, and monitor neighborhood conditions on fairs and community events because they our region. the streets, alerting the city to sanitation condi- wanted to emphasize the need for primary In addition to his work at SAFE Credit tions, traffic and noise. ESNA also encourages health care to this community. As recently as Union, Mr. Wirz is involved in many philan- community spirit through a number of social October 15, 2016, the Center hosted several thropic efforts to benefit our community. He is events and caroling during Christmas. Imams from Togo, Senegal, Ghana, Guinea a champion to end homelessness, a supporter One of ESNA’s current concerns has been and Gambia communities; a leading Ghanian of educational programs, and an innovator of the East Side Access project (ESA), which will pastor, Mr. Benjamin Boakye, the Gambian the first degree. He has inspired SAFE Credit bring the Long Island Rail Road into Grand Ambassador to the United Nations, Dr. Union members and employees to volunteer Central Terminal. Some of the construction Mamadou Tangara, and more than two hun- endless time to our community. Mr. Wirz is a work related to ESA is in ESNA’s catchment dred and fifty adults and kids from the West African community participate in the second Past Chairman of KVIE Channel 6; a Trustee area. ESNA worked with the MTA to minimize Dr. Martin Luther King, Jr. Diaspora Health of the University of California, Davis Founda- the impact on local businesses and residents. Fair, and they were treated to giveaways, free tion; a Trustee of the RCA Fund of the Sac- Similarly, one of the stations for the Second Avenue Subway is being built in the ESNA screenings for blood pressure and diabetes. ramento Regional Foundation; and Chairman area, and ESNA helped alleviate construction During the Diaspora clinic hours, the clinic of the Board of Sacramento Community Foun- impact while continuing to support the devel- has a social work assistant who is responsible dation. He has served on the Twin Rivers Uni- opment of a subway that will provide much for ensuring that the concrete services needs fied School District Advisor Board, the NextEd needed transportation alternatives to the area. of these patients are met, and the social work Board, and the City Year Sacramento Board. assistant and the registrars also make sure Although he will be greatly missed from the New York is a city of neighborhoods. Local that the unemployed, undocumented or tem- day-to-day operations at SAFE Credit Union, groups like ESNA make it possible for resi- porary residents benefit from paying little or no dents to come together as a community and Mr. Wirz will remain involved in our commu- cost via Charity Care. Many ‘‘Diaspora’’ pa- have a profound impact on the quality of life nity. tients now visit the clinic regularly for appoint- in their neighborhood. I applaud ESNA for ments with our Internists, but many of these Mr. Speaker, as Mr. Wirz and his family, helping to create a real feeling of community patients have also been incorporated into the friends and colleagues gather to celebrate his in one of New York’s most dense urban neigh- clinic’s regular operating hours. retirement, I am pleased to honor and recog- borhoods and for ensuring that community Mr. Speaker, I respectfully ask that you and nize him for his hard work and dedication to concerns are considered when decisions are my other distinguished colleagues join me in making Sacramento a better place for all to being made. honoring the Bronx Lebanon—Martin Luther live. I ask my colleagues to join me in wishing Mr. Speaker, I ask my colleagues to join me King, Jr. Health Center for their consistently him the best in retirement and thanking him in celebrating the 25th anniversary of ESNA remarkable dedication to the health and for his contributions to the Sacramento Re- and its immeasurable contributions to the East wellness of our community, especially for the gion. 60s and New York City at large. African community.

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00024 Fmt 0626 Sfmt 0634 E:\CR\FM\A08DE8.071 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1659 RECOGNIZING CHARLES HONORING RON BREWER Although born in Louisville, Kentucky, Dr. DUBBERLEY Lechleiter has lived and worked in Indiana for HON. DEBBIE WASSERMAN SCHULTZ decades. He joined Eli Lilly in 1979 as a sen- HON. EARL L. ‘‘BUDDY’’ CARTER OF FLORIDA ior organic chemist in process research and IN THE HOUSE OF REPRESENTATIVES development after earning his bachelor’s de- OF GEORGIA gree in chemistry from Xavier University and Thursday, December 8, 2016 IN THE HOUSE OF REPRESENTATIVES his master’s and doctoral degrees in organic Ms. WASSERMAN SCHULTZ. Mr. Speaker, chemistry from Harvard University. He became Thursday, December 8, 2016 I rise today to honor the career of ‘‘Young’’ head of the process research and develop- Ron Brewer and congratulate him on his well ment department in 1982, and in 1984, he Mr. CARTER of Georgia. Mr. Speaker, I rise deserved retirement. began serving as director of pharmaceutical today to honor Mr. Charles Stanley Dubberley, A veteran of the airwaves for more than 40 product development for the Lilly Research Sr. who passed away on November 27th at years, Brewer’s 26-year partnership with Paul Centre Limited in Windlesham, England. He the age of 82. Castronovo made him one of South Florida’s later held roles in project management, regu- Mr. Dubberley was raised on a farm in Ala- most popular radio personalities. Their part- latory affairs, product development, and bama, with his parents and two siblings, Ben nership is ending next week after Ron starts pharma operations. Dr. Lechleiter was named and Beth. what he is calling an ‘‘extended vacation.’’ President and COO of Eli Lilly in 2005, was When he was 22 years old, he married Ju- Ron Brewer started in radio as a teenager named CEO in 2008 and was subsequently dith Russell. Together, they raised five chil- in his hometown of Annapolis, Maryland. After appointed Chairman of the board in 2009. In dren, and passed on the hardworking, small a stop in Virginia, he came to South Florida his eight years as CEO, Dr. Lechleiter has town values they learned from their parents. and made this area his home. demonstrated key strategic leadership abilities Paul and Young Ron’s first meeting was Mr. Dubberley demonstrated these values in and tireless efforts to ensure the growth and over dinner. Ron’s program director asked him his commitment to civil service. Beginning in success of one of Indiana’s largest employers. to have dinner with Castronovo who was look- 1955, he dedicated 37 years of his life to the His outstanding leadership was not only good ing for a job. Pretty soon into their meal they United States Postal Service. for Lilly and Indiana’s economy but also for had the entire room laughing. A partnership the economic well-being of so many families in He moved up the ranks in the Postal Serv- was born. our community. His unwavering commitment ice until his hard work landed him the impor- I was fortunate enough to join them live in to Lilly’s mission to make medicines that help tant position of Postmaster of Savannah. studio many times to discuss the news of the people live longer, healthier, and lead more Further, Mr. Dubberley served as the Chair- day or an event in my Congressional district. active lives, as well as the commitment to man of Savannah’s Postal Credit Union. One of my happiest birthday memories is make significant contributions to humanity by I am proud to recognize Mr. Dubberley’s life when the guys had Steven Van Zandt from improving global health in the 21st century, today and his dediction to our community. He the E-Street band call into the show to sing has supported the flourishing biosciences in- will certainly be missed. me Happy Birthday. dustry and Indiana STEM jobs. Under Dr. While listeners got to hear Ron Brewer on Lechleiter’s leadership, Lilly has helped make f the air every morning many don’t know the ul- Indiana a leading state, number two in the na- timate family man he is off the air. Ron and tion, in the life sciences exports. HONORING CESAR LOPEZ his wife raised their two sons in South Florida Since the company’s inception more than and he spends all his free time with his family. 140 years ago, Lilly has been devoted to dis- Ron’s also been involved with many char- covering, developing, and improving new and HON. MIKE THOMPSON ities. For years he and Castronovo held a holi- better pharmaceuticals. Under Dr. Lechleiter’s OF CALIFORNIA day food driye that’s delivered more than 15 leadership, Lilly continued to achieve its vision million pounds of food to those who needed it IN THE HOUSE OF REPRESENTATIVES of contributing to humanity and improving most. modern healthcare. Headquartered in Indian- Thursday, December 8, 2016 Other charities that Ron donates his time to apolis, Eli Lilly and Company has had a posi- are kids in Distress, Women in Distress, Joe Mr. THOMPSON of California. Mr. Speaker, tive impact throughout the state of Indiana. Dimaggio Children’s Hospital, St. Jude’s Hos- The Eli Lilly and Company Foundation, cre- I rise today to honor Cesar Lopez, whom I pital and the Sylvester Cancer Center at the have named a 2016 Public Safety Hero of the ated in 1968, is dedicated to improving the University of Miami. lives of those lacking the resources to obtain Year for Napa County in California’s 5th Con- Ron Brewer will be missed by the millions gressional District. This award is given to ex- quality healthcare and strengthening education who listened to him on the radio and morning in math and science for underserved students. ceptional members of our community who per- radio in South Florida won’t be quite the form beyond their duty as a public servant. The Lilly Foundation has given more than same. $15.7 million to Indiana organizations, and A firefighter, paramedic and apparatus spe- Congratulations to Ron on his successful Lilly employees have given more than $19.6 cialist with the City of Napa Fire Department, career and I wish him the best extended vaca- million to charitable organizations. Lilly does Mr. Lopez was born in Mexico and became a tion ever. $819 million in business with over 700 Indiana citizen of the United States in 1988. A grad- f vendors. Lilly employees work to create an im- uate of Vintage High School, Mr. Lopez con- pact on the world by discovering and creating tinued his education at Napa and Sonoma PAYING TRIBUTE TO DR. JOHN C. life-changing medicines; improving-the under- Colleges to receive his Firefighter 1 and 2 cer- LECHLEITER ON THE OCCASION standing and management of disease, and tification and Emergency Medical Technician OF HIS RETIREMENT FROM ELI giving back to communities through philan- 1A certification. Mr. Lopez then received his LILLY AND COMPANY thropy and volunteerism. This philosophy of Paramedic training at the University of Cali- giving and commitment to the community has fornia, Davis. HON. SUSAN W. BROOKS been canied down through management from In his job with the City of Napa, Mr. Lopez OF INDIANA IN THE HOUSE OF REPRESENTATIVES Colonel Eli Lilly to Dr. Lechleiter. And Dr. is known for his personal sacrifice, generosity Lechleiter’s own personal dedication to chari- and kindness. In addition to his service as a Thursday, December 8, 2016 table work and emphasis on sustainable giving first responder, Mr. Lopez is active in his com- Mrs. BROOKS of Indiana. Mr. Speaker, I has greatly improved our community’s long munity as an athletic coach, mentor and First rise today to honor Dr. John C. Lechleiter on term growth and development. Aid and CPR instructor. His willingness to put the occasion of his retirement. Through his te- Under his leadership, Eli Lilly has shown himself in danger for the safety of others and nacious and determined leadership at Lilly’s progress year after year in diversity initiatives his contagious humor make Mr. Lopez a val- helm and through his compassionate engage- and through his insistence to make diversity of ued team member at the City of Napa Fire ment with our community, Dr. Lechleiter has his scientific workforce a priority, Lilly climbed Department. brought about positive growth to our Hoosier Diversitylnc’s Top 50 list. Lilly’s corporate phi- Mr. Speaker, I thank Mr. Lopez for his dedi- home. The people of Indiana’s Fifth Congres- losophy rests on the belief that the employees cation to our community’s safety. For this rea- sional District are forever grateful for Dr. are the company’s most valuable assets. In- son, it is fitting and proper that I honor him Lechleiter’s dedication to our Hoosier commu- deed Dr. Lechleiter’s dedication to this prin- here today. nity. ciple has made an impact through the Lilly

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.075 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1660 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 community, he is known for his enthusiasm to his wife Sarah and their children Andrew, Dan- of the City of Carrollton, on his upcoming re- take on any problem none too small for his at- iel and Elizabeth and their families as they tirement after 15 years of outstanding service. tention. His friends, his colleagues, and our start the next exciting chapter their lives. Leonard Martin has worked in city manage- community have benefited from his sincere re- f ment for over four decades, serving in six cit- gard for his employees, his hands on ap- ies, across four states. He began his career proach to sustainable giving, and dedicated IN RECOGNITION OF BEN as a management analyst in Wichita Falls, be- community involvement. VEREEN’S FIRST ANNUAL fore moving on to positions in Arkansas, Mis- Dr. Lechleiter’s passion for, and dedication WELLNESS THROUGH THE ARTS souri, and Oklahoma. Over time, he has to, the biosciences industry clearly shows in SACRAMENTO ESSAY AWARDS earned a reputation among his peers and his award winning work throughout the years. council members as a leader and an innovator In 2014, he was named as the August M. HON. DORIS O. MATSUI with a sincere commitment to good govern- Watanabe Life Sciences Champion of the OF CALIFORNIA ment. Year for his vital support as one of the original IN THE HOUSE OF REPRESENTATIVES Leonard was appointed City Manager of organizers of the Indiana Biosciences Re- Thursday, December 8, 2016 Carrollton in August 2001. From the begin- search Institute. BioCrossroads presents the Ms. MATSUI. Mr. Speaker, I rise today in ning, he fostered a culture of managed com- Watanabe Award annually to an individual or recognition of Ben Vereen’s First Annual petition. Dedicated to improving the quality of organization that has facilitated the develop- Wellness through the Arts Sacramento Essay life for residents, he worked with local leaders ment and promotion of Indiana’s life sciences. Awards at California State University, Sac- and community members to set ambitious Dr. Lechleiter stated the importance of bring- ramento on April 30th, 2016. The evening goals and cut waste, challenging city depart- ing together industry and research universities gathering is the inaugural event for Ben ments to find more efficient ways to serve the in a new, industry-led research institute that Vereen’s new Sacramento chapter of people of Carrollton. would bring entrepreneurial success as well as Wellness through the Arts. Mr. Vereen created His sustained commitment to high quality world-class talent to Indiana. His efforts to en- Wellness through the Arts for young people and affordable services led to incredible gage all sectors across the broader commu- who are struggling with B.O.L.D. (Bullying, growth in the city over the past 15 years, in- nity have pushed Indiana forward to become a Obesity, Low Self-Esteem, and Diabetes), in- cluding the expansion of the Dallas Area national leader in the biosciences industry. viting them to embrace the performing arts as Rapid Transport system in Carrollton and the Additionally, he was awarded the inaugural establishment of a multi-jurisdictional Public Global Health Partner Award from Project a means to a healthier lifestyle. It is a great pleasure to welcome Ben Safety radio system and regional dispatch HOPE in 2012, and he received the 2015 Vereen and his program, Wellness through the center. These projects have had a tremendous International Citizen of the Year Award from Arts, to Sacramento. Ben Vereen is not only a impact on the lives of residents, transforming the International Center of Indianapolis, Indi- legend and idol for many in the performing the downtown area and providing quicker ana. John and his wife Sarah have just re- arts world, but he continues to use his plat- emergency response times. cently been named as the winner of the Great- form to give back to communities in big ways. Under Leonard’s tenure, the City of er Indianapolis Progress Committee’s 2016 Bringing Wellness through the Arts to Sac- Carrollton has also developed a state-wide Charles L. Whistler Award. This annual award ramento will empower our region’s students reputation for government transparency. Ear- recognizes individuals who, outside the regular through art and positively impact them for the lier this year, Carrollton became the first duties of their chosen professions have rest of their lives, no matter what they choose Texas municipality to receive commendation brought together the public and private sectors to do in life. Art enriches our lives in so many from the Texas Comptroller of Public Accounts for civic improvement in Indianapolis. This ways and Ben Vereen is making sure that stu- as part of the new Transparency Star pro- award recognizes the great commitment John dents in Sacramento have greater access to gram. As a direct result of Leonard’s efforts to and Sarah have made to early childhood edu- those incredible benefits that art can have on increase accountability and openness, cation and their dedication to helping the ad- our overall health and wellbeing. Carrollton has earned Transparency Stars in vancement of our young people through early As part of Wellness through the Arts, stu- the areas of Traditional Finances, Economic education. He has received Honorary Doctor- dents from local high schools have taken part Development, Debt Obligations, and Public ates from Marian University, the University of in an essay competition titled ‘‘My Best Day,’’ Pensions—the most of any municipality in the Indianapolis, the National University of Ireland, about how the arts have helped them address state. Indiana University, Franklin College, and Pur- health issues. I am excited about the accom- Among his many achievements, Leonard due University. plishments of each of the finalists of this com- has been recognized as City Manager of the In addition to his work at Lilly, Dr. Lechleiter Year in both Oklahoma and Missouri, and in is also a member of multiple boards and coun- petition: Alanna Serrato and Dylan Curry from C.K. McClatchy High School, Brendan 2014 he was awarded the William J. Pitstick cils. Dr. Lechleiter is a member of the Amer- Regional Excellence Award from the North ican Chemical Society and Business Round- Orellana, Danniel Urena, Darius Wilson, Dylan Achermann, Joseph Weldon, and Kate Central Texas Council of Governments. table. He is chairman of the U.S.—Japan Mr. Speaker, it is a pleasure to recognize Business Council, United Way Worldwide, and Brugger from Natomas Charter School, and Brian Thao and Joseph Gonsolis from Luther Leonard and his many years of exceptional the United Way of Central Indiana, the Central service to the City of Carrollton. His leadership Indiana Community Foundation, the Indianap- Burbank High School. Mr. Speaker, I am honored to congratulate will be greatly missed. I ask all of my distin- olis Symphony Orchestra, and the Indiana the students on their success in the competi- guished colleagues to join me in congratu- Repertory Theater. He also serves on the tion and to welcome Ben Vereen’s outstanding lating Leonard Martin on his retirement. boards of the Pharmaceutical Research and organization to our community. I ask all my f Manufacturers of America, PhRMA, the Chem- colleagues to join me in honoring the hard ical Heritage Foundation, the Central Indiana HONORING THE DELBERT DAY work of these students and Ben Vereen and Corporate Partnership, Nike, Inc., and Ford CANCER INSTITUTE his program that promotes healthier lifestyles Motor Company. During his time at Lilly, Dr. Lechleiter upheld for students by empowering them through per- formance and art. HON. JASON SMITH and expanded Lilly’s devotion to producing OF MISSOURI f high-quality pharmaceuticals and giving back IN THE HOUSE OF REPRESENTATIVES to the community. Lilly employs more than CONGRATULATING LEONARD MAR- Thursday, December 8, 2016 11,000 people in the state of Indiana and TIN ON HIS RETIREMENT FROM more than 42,000 people across the globe. THE CITY OF CARROLLTON, Mr. SMITH of Missouri. Mr. Speaker, I rise Lilly medicines serve countless doctors and TEXAS today to celebrate the opening of the Delbert more importantly patients around the world. Day Cancer Institute at Phelps County Re- Through Dr Lechleiter’s guidance and resolute HON. KENNY MARCHANT gional Medical Center. leadership, great good has been done for the The nationally accredited Delbert Day Can- OF TEXAS people of Indiana and the larger world. On be- cer Institute will provide comprehensive cancer IN THE HOUSE OF REPRESENTATIVES half of the citizens of Indiana’s Fifth Congres- treatment care to residents of south central sional District, I would like to congratulate Dr. Thursday, December 8, 2016 Missouri and its surrounding areas. The center Lechleiter on his outstanding career at Eli Lilly Mr. MARCHANT. Mr. Speaker, I rise today will directly improve access to life saving and and Company and wish all the best to him and to congratulate Leonard Martin, City Manager live extending services. I am proud to know

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.078 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1661 Missouri’s Eighth Congressional District will be There are three kinds of people in this for over eighty years, and Frank M. Booth, home to one of the finest cancer treatment world: those who make things happen; those Inc., which has provided contracting services centers in the country. who sit around and watch things happen; and in California and Nevada for over a century, Doctor Delbert Day serves as a leader in finally those who sit and wonder what just are being inducted into the Business Hall of biomedical research in his role as the Cura- happened. Time and time again Nell has prov- Fame. These two enterprises are certainly tor’s Professor Emeritus of Ceramic Engineer- en that she is of the first category of people worthy of tonight’s honor, and have played ing at the Missouri University of Science and who go out and strive to make the world a major roles in the development of Sac- Technology. Over the course of his impressive better place and I am honored to be able to ramento’s economy over their numerous dec- career, Dr. Day founded MO–Sci Corp in recognize her for that greatness here today. ades of operation. 1985, and introduced the glass microsphere As I previously mentioned, throughout Nell’s Crocker & Crocker is one of ’Sacramento’s components used for inoperable liver cancer career she has continued to shine and serve most successful public and consumer engage- treatments. As a leader in the advancement of the American people graciously. I cannot ex- ment firms. Its services have helped clients for radiation therapy, Dr. Day earned dozens of press my gratitude enough for all that Nell has over 20 years, and tonight it receives the well- awards and high honors for his achievements accomplished for the Smithsonian Institution deserved Small Business of the Year award. as an incredibly successful forward thinking over the past 16 years or how grateful the Tre Borden is this year’s Young Profes- engineer. The Delbert Day Cancer Institute will American people should be for her diligence sional of the Year. Tre has his hands in a diz- use state of the art medical technologies, in- and excellence as the Director of Government zying number of local art and place-making cluding some of the breakthroughs he devel- Relations at the Smithsonian Institution. Once projects, including curating Warehouse Artist oped, to treat the citizens of south central Mis- again, I would like to sincerely thank Nell for Lofts and founding a business incubator for souri. her vigor in service to the American people as Sacramento’s creative talent. This week the United States Congress sent the Director of Government Relations at the This year’s Al Geiger Memorial Award is a bill to the President’s desk that will support Smithsonian Institution. going to Kelly Bennett-Wofford of Sacramento the principles of incentivizing research to cre- God bless you Nell. I salute you. Covered and Darrell Teat from Nehemiah Cor- ate new treatments and one day cures for rare f poration of America. These two individuals diseases, including cancers. I was proud to carry on Mr. Geiger’s legacy by serving as support the 21st Century Cures Act because IN RECOGNITION OF SAC- role models who help inspire others to serve we need to unleash the ingenuity of future in- RAMENTO’S BUSINESS LEADERS our community. Sacramento is a better place ventors so they can continue to develop pio- because of their tireless efforts. neering technologies so that centers like these HON. DORIS O. MATSUI For his many philanthropic endeavors and will be able to better treat and one day cure OF CALIFORNIA close involvement in Sacramento’s midtown cancer. IN THE HOUSE OF REPRESENTATIVES renaissance, Patrick Mulvaney, Owner and For improving access to cancer treatments Thursday, December 8, 2016 Chef of the renowned Mulvaney’s B & L res- in rural Missouri it is my pleasure to recognize Ms. MATSUI. Mr. Speaker, I rise today to taurant, is a most deserving recipient of to- the Delbert Day Cancer Institute before the recognize the many outstanding Sacramento night’s Volunteer of the Year award. United States House of Representatives. Scott Hanson receives the Peter McCuen business leaders who are tonight’s honorees Award for Civic Entrepreneurs. Scott is senior f at the Sacramento Metropolitan Chamber of partner and founding principal of Hanson RECOGNIZING NELL PAYNE Commerce’s 121st annual dinner and busi- McClain Investment Advisors, and has helped ness awards ceremony. Those being honored people plan for retirement for over 20 years. at tonight’s event are dedicated to the success HON. SAM JOHNSON He is a nationally recognized investment advi- of the Sacramento region and have worked OF TEXAS sor, author, and radio host. tirelessly to advance its economic vitality. I ask IN THE HOUSE OF REPRESENTATIVES Finally, Sedrick Ghoston is Ambassador of all my colleagues to join me in honoring these Thursday, December 8, 2016 the Year. A highly successful financial serv- fine Sacramentans. ices representative at Mass Mutual Northern Mr. SAM JOHNSON of Texas. Mr. Speaker, Martha Clark Lofgren, Partner and Co- California, Sedrick’s persistent efforts help his I rise to recognize Nell Payne for her more founder of Brewer Lofgren, LLP, is clients reach their financial goals. than 16 years of service to our nation as the Sacramentan of the Year. A distinguished at- Mr. Speaker, I am honored to recognize Director of Government Relations at the torney, Ms. Lofgren specializes in public policy these individuals and businesses for their con- Smithsonian Institution. The Smithsonian Insti- matters with an emphasis on government rela- tributions to the Sacramento region that I love. tution that we all love and admire just wouldn’t tions, transportation, and land entitlement. She I ask all my colleagues to join me in honoring be the same had it not been for all of the hard continually contributes her expertise and hard them for their unwavering commitment to Sac- work that Nell has put in. work to the well-being of the Sacramento re- ramento. Nell began her formal education with a gion. Bachelor of Art in French Language and Lit- Donna Bland, President and CEO of Golden f erature from the University of Iowa and grad- 1 Credit Union, is Businesswoman of the HONORING THE FOUNDATON FOR uated in 1978. After finishing her Bachelor De- Year. Under Donna’s guidance, Golden 1 con- SICKLE CELL RESEARCH gree, she went on to pursue a Doctor of Law tinues to grow, to the benefit of its members (J.D.) from George Washington University, and of the regional economy. Golden 1 is a HON. DEBBIE WASSERMAN SCHULTZ which she finished in 1982. large part of the Sacramento community, and Nell began her professional career working OF FLORIDA we all look forward to the opening of the Gold- IN THE HOUSE OF REPRESENTATIVES as the Staff Attorney, Counsel, and then Chief en 1 Center in Sacramento later this year. Counsel for the U.S. Senate Budget Com- Bill Yee, President and CEO of Western Thursday, December 8, 2016 mittee from May 1982—September 1987. Nell Contract, is Businessman of the Year. Mr. Yee Ms. WASSERMAN SCHULTZ. Mr. Speaker, then spent October 1987—January 1990 as has led the employee-owned Western Con- I rise today to honor the Foundation for Sickle the Director of Government Affairs for Turner tract for over three decades. Under his leader- Cell Research, a comprehensive non-profit or- Broadcasting System, Inc. As Nell continued ship, Western Contract has maintained its ganization in my district that provides a plat- in her career she went on to become a Spe- focus on outstanding customer service, while form for researchers, healthcare providers, cial Assistant to the President, Legislative Af- —finding innovative ways to adapt to the and those living with sickle cell disease. fairs for the White House from February 1990 changing demands of the furniture industry. The Foundation for Sickle Cell Disease Re- through December 1991. After Nell had served Aerojet Rocketdyne, a company that has search was founded by Dr. Lanetta Bronte in alongside the President, she was able to been advancing technologies in rockets for 2012, and on October 20, 2016, the Founda- move to Paris, France and serve as a Cor- over seventy years, is being inducted into the tion held a ribbon cutting ceremony for the porate Relations Manager for the American Centennial Business Hall of Fame. Aerojet opening of its facility in the city of Hollywood, University of Paris. From 1994–2000 Nell Rocketdyne has long been a valued member Florida. served as Counsel for Verner Liipfert Bernhard of Sacramento’s regional economy, providing Currently, Florida has the highest number of McPherson & Hand. Furthermore, Nell went many high-quality jobs to my constituents and individuals with Sickle Cell Disease. This dis- on to serve as Director, Office of Government advancing our national security. ease is unique in that acute treatment options Relations for the Smithsonian Institution from Julius Clothing Company, a top-tier fashion rarely suffice. Instead, Sickle Cell requires a August 2000–present. specialty store serving the Sacramento region lifetime of care management.

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.081 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1662 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 I could not be prouder of Dr. Bronte and the liam Jr. Regina, Claudine, Hattie and Lil- I rise to recognize the United States Agency rest of the team at the Foundation for Sickle lian. for International Development (USAID) and the Ann, as she preferred to be called, spent Cell Disease Research for taking up this im- her formative years on her parents’ farm design-build team for their efforts to recon- portant work. I am proud to be an advocate for where they raised livestock and grew vegeta- struct the National Campus of Health and those affected by Sickle Cell Disease and I bles, The Gray family was a loving family Sciences of Haiti. stand in solidarity with this community to edu- and her father believed in working hard. The As the proud Congressional Representative cate, advocate, and ultimately eliminate Sickle Gray children all had chores, but Ann had a for one of the largest populations of Haitian Cell. deep love for learning and would often be Americans in the United States, I am deeply found doing homework or reading a book. f concerned about the quality of life for Haitians Her siblings said she loved school so much here and in Haiti. I am beaming with pride and IN HONOR OF ABDUL KARIM that if she missed a day she would cry. At the young age of 16 she graduated from honored to commemorate the great works that KABIA, SR. George Washington Carver High School and are being undertaken by USAID and others to was offered a scholarship to Virginia Union improve living conditions in Haiti. HON. DONALD NORCROSS College. Ann decided to attend college in The National Campus of Health and Rochester, NY where she had a cousin named OF NEW JERSEY Sciences of Haiti was developed by USAID as Regina Alexander. She was accepted at a part of Haiti’s recovery following the dev- IN THE HOUSE OF REPRESENTATIVES Brockport State College and worked as an el- astating 2010 earthquake. The catastrophic Thursday, December 8, 2016 evator operator at a local department store while she attended college. Her bus ride to earthquake caused widespread death and de- Mr. NORCROSS. Mr. Speaker, I rise today Brockport and back was an hour each way. struction, and destroyed the original National to honor the life of Mr. Abdul Karim Kabia, Sr., Soon after arriving in Rochester she joined Medical University and National School of who was born in August of 1952 in Bo Sierra Mt. Olivet Baptist Church and she became Nursing where the majority of Haiti’s doctors Leone, West Africa to the late Mohamed active in the young adult fellowship pro- and nurses were trained. Ishmin and Fatmata Yailey Kabia. gram. It is there that she met a young man The National Campus of Health and named Harry A.D. Hicks. At the time, Harry Mr. Kabia graduated from Saint Andrews had already served in the Air Force and was Sciences was originally built in 1862. The loss secondary school in Bo Sierra Leone and at working on his Bachelor’s Degree at Roch- of the two important learning institutions had a 18, his parents sent him to Europe to learn dif- ester Institute of Technology. During this major impact on the delivery of medical care ferent languages and have new, exciting life period, Harry learned about Ann’s gift of gab in Haiti and their replacement was critical to experiences. Mr. Kabia studied under a Mas- and her ability to do homework at the same the country’s recovery. The new facility is set ter Chef while in Spain and became a wonder- time. to produce approximately 1,500 doctors, ful cook. He could speak Italian, German, After graduating from Brockport State nurses, pharmacists, and other health practi- with a degree in Elementary Education, Ann Spanish and several African dialects. became a teacher. But, she found that teach- tioners over the next 10 years. After moving to the United States of Amer- ing was not her calling. She later became a The collaboration, of the design-build team ica, he received a degree in Human Services Social Worker and worked for 28 years at was remarkable and worthy of recognition. through Camden County College and began a Monroe County Department of Social Serv- The team was led by Tseng Consulting Group, thirty-four year career as a social worker at ices, retiring in 1987. Ann worked hard and under the leadership of George S. Tseng, the Camden County Board of Social Services took her job seriously. She knew that there PhD, PE, and included Mr. Eric Accime, Mr. before he retired in 2014. During his time with were individuals and families that needed to Jene C. Thomas, Mission Director of USAID- be connected to critical resources in the the Board of Social Services, he was an active community. Haiti, Mr. Manish Kumar, PE, of USAID, Dr. member of the Communication Workers of As a Social Worker, she traveled all over Jean-Claude Cadet, Dean of the National America Local 1084 and became a passionate Monroe County meeting with families. In Campus of Health and Sciences, and many political campaigner. November 1975 she was one of the initial 19 other USAID key personnel. Upon moving to the United States of Amer- members of a class action law suit against The reconstruction of the National Campus ica in 1975, Mr. Kabia met Dorleen Chism and Monroe County Social Services for not hir- of Health and Sciences was based upon the they were married on Valentine’s Day in 1976. ing and promoting minorities in supervisory best practices of design-build and delivery positions. Ann and countless others paved Throughout their forty-year marriage, they had the way for those that followed them to be techniques as developed and promoted by the two children, Fatinata Yailey Kabia and Abdul promoted into senior level positions. Design-Build Institute of America (DBIA). Jane Karim Kabia, II. He was a proud grandfather After retiring, Ann and Doug, as she affec- H. Hsiao, PhD, Dr. Tseng, and Mr. Accime to Fyar Ishmirr Kabia. tionately called him, were able to travel to also provided significant financial contributions In addition to his family, he was a mentor, Italy, France, and England They also en- to the National Campus for Health and surrogate father and uncle to many individuals joyed traveling to Washington, DC and Flor- Sciences to ensure its long term maintenance ida to spend the winter with their daughter who he encountered throughout his life’s jour- and family. Ann and Doug enjoyed a mar- and sustainability. 1 Haiti has provided the world with learned ney, providing them advice and support and riage 49 ⁄2 years. showing them kindness and love. Ann, surrounded by family left to be with scholars, renowned and acclaimed artists, and Mr. Kabia was a devoted family man who her beloved Doug on November 14, 2016, She some of the most delectable cuisine. I am ex- will be remembered fondly and deeply missed is survived by her sons Kevin and Keith cited about the new contributions that Haitians by all who had the pleasure to have known Hicks, Rochester, NY; her daughter Santhea will be able to make to the world through the him. His always present smile and his soulful Hicks Brown; (Honorable Alvin Brown), Flor- reconstructed National Campus of Health and ida two grandsons, Joshua Andrew and Jor- laughter will be impossible to forget. dan Latham Brown, her siblings William Sciences. Mr. Speaker, Mr. Kabia was an inspiration Gray, jr. (Alice), Regina Grayson (Ed), Mr. Speaker, I urge you, my colleagues in to his family and truly exemplifies the Amer- Claudine Cottom (Jim), Hattie Hicks (Don), Congress, and all Americans to please join me ican Dream. I hope that you will all join me in and Lillian Jones (Irving); nieces, nephews in recognizing USAID and the design-build honoring his memory here today. and extended family, church family and team for their commitment, dedication, and ex- many friends. f cellence in the reconstruction of the National Ann will be remembered as a loving wife, Campus of Health and Sciences of Haiti. mother, grandmother and a child of God. A CELEBRATION OF LIFE ANNIE f GRAY HICKS f HONORING USAID AND THE RE- PERSONAL EXPLANATION HON. CORRINE BROWN CONSTRUCTION OF HAITI’S NA- OF FLORIDA TIONAL CAMPUS OF HEALTH HON. JUDY CHU IN THE HOUSE OF REPRESENTATIVES AND SCIENCES OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Thursday, December 8, 2016 HON. FREDERICA S. WILSON Thursday, December 8, 2016 Ms. BROWN of Florida. Mr. Speaker, I OF FLORIDA Ms. JUDY CHU of California. Mr. Speaker, would like to include the following: IN THE HOUSE OF REPRESENTATIVES on Monday, December 5, 2016, I was unable Annie Mae Hicks was born August 18, 1935 Thursday, December 8, 2016 in Culpeper, Virginia to the late William to vote due to prior commitments. Had I been Festus Gray, Sr. and Laura Mae (Scott) Ms. WILSON of Florida. Mr. Speaker, from present on the House floor, I would have Gray. She was the eldest of 6 children, Wil- the 24th District of the great state of Florida, voted ‘‘aye’’ on roll call No. 601, final passage

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.084 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS December 8, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1663 of H.R. 5015, the Combat-Injured Veterans our nation’s youth, and support our first re- me in congratulating Galen and in wishing him Tax Fairness Act. I would have voted ‘‘aye’’ on sponders. nothing but continued success. roll call No. 602, H.R. 6427, the Creating Fi- To then discover that the Pentagon has f nancial Prosperity for Businesses and Inves- identified at least $125 billion in waste further tors Act, and ‘‘aye’’ on roll call No. 603, S. underscores our nation’s misguided priorities. CONGRATULATIONS TO LINDA 1635, Department of State Authorities Act, Fis- If just ten percent of the self-identified waste MCMAHON cal Year 2017. were redirected to the NIH, new cures could f be found and lives could be saved. In this HON. JOE WILSON year’s Defense Authorization, $1.5 billion is OF SOUTH CAROLINA HONORING SERGEANT BRENTON spent to upgrade an aircraft carrier that the IN THE HOUSE OF REPRESENTATIVES GARRICK U.S. Navy had asked to retire. Why not Thursday, December 8, 2016 reprioritize that money to improve veterans’ HON. MIKE THOMPSON healthcare or expand access to education? Mr. WILSON of South Carolina. Mr. Speak- OF CALIFORNIA This gratuitous spending must stop. The er, on Wednesday, President-elect Donald IN THE HOUSE OF REPRESENTATIVES American taxpayer deserves to know that their Trump selected Linda McMahon of Greenwich, hard-earned dollars are going toward pro- Connecticut, to head the Small Business Ad- Thursday, December 8, 2016 moting American values and being reinvested ministration where she will continue to make a Mr. THOMPSON of California. Mr. Speaker, in their wellbeing. It’s not just the programs difference with vision to create opportunities I rise today to honor Sergeant Brenton that I highlight that deserve a higher priority— and jobs. Garrick, whom I have named a 2016 Public it’s Medicare and Medicaid, it’s Social Secu- President-elect Trump announced, ‘‘Linda Safety Hero of the Year for Solano County in rity, it’s social safety net programs—the list has a tremendous background and is widely California’s 5th Congressional District. This goes on and on. Until we press the Pentagon recognized as one of the country’s top female award is given to exceptional members of our to undergo a rigorous audit, I cannot and will executives advising businesses around the community who perform beyond their duty as not support bloated spending at the Defense world . . . Linda is going to be a phenomenal a public servant. Department. The American people deserve leader and champion for small businesses and Sergeant Garrick is a 25 year Veteran of the more transparency and accountability. unleash America’s entrepreneurial spirit across Vallejo Police Department, and was appointed Dwight D. Eisenhower shared my fears and the country.’’ to be the community engagement officer last concerns. Our 34th President, a five-star gen- The Hartford Courant reported, ‘‘The mother year. His work is instrumental to the Vallejo eral in the United States Army during World of two and grandmother of six, McMahon is a Police Department’s successful community po- War II, and Supreme Commander of the Allied fiscally conservative Republican who em- licing efforts, demonstrating extreme care and Expeditionary Forces in Europe once said, braces the party’s small-government ethos. In decisive leadership when appropriate. ‘‘[i]n the councils of government, we must her two runs for Senate, she campaigned on As a community engagement officer, Ser- guard against the acquisition of unwarranted a promise to bring fresh energy, a business- geant Garrick has made communication with influence, whether sought or unsought, by the woman’s savvy and an outsider’s common- the residents of Vallejo a top priority for the military-industrial complex. The potential for sense approach to Washington.’’ department. He regularly meets with students the disastrous rise of misplaced power exists, I believe that Linda McMahon will be a pas- and parents at schools, staffs events such as and will persist.’’ sionate advocate for small businesses and fur- Late Night Basketball, and hosts Coffee with f ther facilitate a climate of job creation in this the Cops and the annual Department open country. I look forward to working with Ms. house. His work helps Vallejo Police officers TRIBUTE TO GALEN ZUMBACH McMahon to create jobs and expand oppor- connect with the people they work for and tunity for all Americans. The citizens of Con- builds trust between law enforcement and citi- HON. DAVID YOUNG necticut are being recognized for their entre- zens in our community. OF IOWA preneurial expertise. Mr. Speaker, I thank Sergeant Garrick for IN THE HOUSE OF REPRESENTATIVES In conclusion, God Bless Our Troops and his dedication to our community’s safety. For may the President by his actions never forget Thursday, December 8, 2016 this reason, it is fitting and proper that I honor September 11th in the Global War on Ter- him here today. Mr. YOUNG of Iowa. Mr. Speaker, I rise rorism. f today to recognize and congratulate Galen f Zumbach of Creston, Iowa, for being inducted THWARTING GOVERNMENT WASTE into the Creston High School Hall of Fame. HONORING OFFICER LUIS AND REPRIORITIZING AMERICAN Galen came to Creston High School in 1977 PANIAGUA TAXPAYER DOLLARS as the agriculture education instructor and Fu- ture Farmers of America advisor. He taught at HON. MIKE THOMPSON HON. MARK DeSAULNIER Creston High School for 33 years. Under his OF CALIFORNIA OF CALIFORNIA direction, Creston FFA students participated in IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES more than 100 activities each year. The local FFA chapter has been considered one of the Thursday, December 8, 2016 Thursday, December 8, 2016 nation’s best throughout Galen’s teaching ca- Mr. THOMPSON of California. Mr. Speaker, Mr. DESAULNIER. Mr. Speaker, I rise today reer and has been named Iowa Supreme I rise today to honor Officer Luis Paniagua, to discuss the concerning $125 billion in bu- Chapter 13 times. During his tenure, Creston whom I have named a 2016 Public Safety reaucratic waste brought to light by the Wash- High School FFA was the only chapter in the Hero of the Year for Napa County in Califor- ington Post this week. nation to win five National Chapter Award nia’s 5th Congressional District. This award is This article came on the heels of two major competitions. given to exceptional members of our commu- votes last week in the House of Representa- Over his 33 year career at Creston High nity who perform beyond their duty as a public tives: an additional $4.8 billion in funding to School, Galen stood on the stage as 209 stu- servant. the National Institutes of Health (NIH), and the dents received their State FFA degrees, with A native of Santa Rosa, California, Officer authorization of $611.2 billion for the Depart- 56 earning American FFA degrees. Under his Paniagua graduated from Santa Rosa Junior ment of Defense. Considering these measures leadership, 22 members held offices at the College with an Associate’s Degree in Admin- back-to-back leads me to put them in context state or national level of FFA. Even with such istrative Justice before joining the Calistoga with each other. success, Galen’s dedication to his students Police Department. Additionally, Officer On the one hand, Congress has allocated didn’t stop at FFA—he also coached high Paniagua works with third grade students hundreds of billions of dollars to fund a military school football during a majority of his time at through the Read Aloud Partners program. that is larger than the next seven country’s the school. Officer Paniagua showed outstanding lead- combined, including China, Saudi Arabia, Rus- Mr. Speaker, I commend Galen for this out- ership and bravery during a robbery incident sia, the United Kingdom, India, France, and standing achievements and his unwavering this year. Despite his relatively short tenure, Japan. On the other hand, we are providing a commitment to improving the lives of his stu- Officer Paniagua reacted quickly and bravely helpful, but relatively minute, sum of money to dents. I ask that all of my colleagues in the to stop two armed suspects from fleeing the increase lifesaving medical research, educate United States House of Representatives join robbery of an armored car. He even managed

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.088 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS E1664 CONGRESSIONAL RECORD — Extensions of Remarks December 8, 2016 to arrest one of the men without drawing his TRIBUTE TO THE MOUNT HOPE Lamin Yusif, who is from Ghana. Imam lssah weapon, and the other suspect was appre- MOSQUE—ISLAMIC SUNNA WAI Lamin Yusif’s deputy is Imam Hameed Fofana hended shortly thereafter. Officer Paniagua’s JAMAA from the Gambia. Imam lssah and his depu- quick thinking under pressure helped the ´ ties lead the congregants in their daily prayers Sonoma County Sheriff’s Office arrest the two HON. JOSE E. SERRANO and also run a daily after-school and weekend programs to educate children of the congrega- suspects, and his example of bravery and de- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES tion in religious knowledge. cisiveness should inspire all of our public serv- Thursday, December 8, 2016 The mosque has a Boys’ and Cubs’ Scout ants. Troop, who have been invited to many places Mr. Speaker, I thank Officer Paniagua for Mr. SERRANO. Mr. Speaker, it is with great in the city and the state. Recently, they were pleasure and admiration that I stand before his dedication to our community’s safety. For invited to recite the Pledge of Allegiance and you today to honor the Mt. Hope Mosque for the Scouts’ Creed at the last general meeting this reason, it is fitting and proper that I honor their many years of selfless and compas- of the New York State leadership committee. him here today. sionate service to all of our community’s resi- There are programs to educate the dents. f The masjid was founded by a group of Guy- congregants on good citizenship and civic re- anese Muslims led by Imam Shameem Ali on sponsibilities. Every Friday after congrega- PERSONAL EXPLANATION the Grand Concourse in the early part of the tional prayers there is enough food for all. 1980s. It was the second such institution in During the holy month of Ramadan there is the whole of the Bronx. Due to the need for enough food for everyone who comes to break HON. BRENDAN F. BOYLE a larger space in 1985 it was moved to its their fast. From 1989 until 2000 the mosque ran a food pantry for the neighborhood’s OF PENNSYLVANIA present location, 24 Mount Hope Place. Once at its present location, a residential area, it needy. IN THE HOUSE OF REPRESENTATIVES drew the attention of Muslims in the neighbor- Another uniqueness of this masjid is its plu- rality of ethnicities. Its congregants are from-— Thursday, December 8, 2016 hood who had no place to go for prayers. In the spirit of the unity of Islam, the doors of the Asia, Europe, Africa, and the Americas. Mount Mr. BRENDAN F. BOYLE of Pennsylvania. masjid were opened to all, including non-Mus- Hope Masjid was founded to serve the reli- Mr. Speaker, unfortunately I missed a vote lims. In doing so, the ethnicity of the members gious and social needs of some Guyanese, but it grew to serve a diverse group of people during a vote series on September 28, 2016. became so diverse that it was dubbed—The with the same needs. It still serves the same Had my vote been recorded for Roll Call 572, United Nations Mosque. The Ameer or leader of the masjid, Mr. purpose and it will continue to do so for a long final passage on H.R. 5303, the Water Re- Abdallah Cromwell is a Trinidadian, who runs time, lnsha-Allah. sources Development Act of 2016, I would the ‘‘His People Halal Restaurant’’ down the Mr. Speaker, I respectfully ask that you and have voted Yes. block from the masjid. The first imam of the my other distinguished colleagues join me in masjid is Imam Shameem Ali from Guyana, honoring the Mt. Hope Mosque for their con- who recently retired and passed his mantle to sistently remarkable dedication to public serv- his young and energetic deputy, Imam Issah ice.

VerDate Sep 11 2014 08:01 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\CR\FM\A08DE8.093 E08DEPT1 smartinez on DSK3GLQ082PROD with REMARKS Thursday, December 8, 2016 Daily Digest

HIGHLIGHTS Senate agreed to the conference report to accompany S. 2943, National Defense Authorization Act. Senate McConnell Amendment No. 5140 (to Amend- Chamber Action ment No. 5139), of a perfecting nature. Page S6882 Routine Proceedings, pages S6849–S6929 McConnell motion to refer the message of the Measures Introduced: Seventeen bills were intro- House on the bill to the Committee on Appropria- duced, as follows: S. 3520–3536. Pages S6922–23 tions, with instructions, McConnell Amendment No. 5141, to change the enactment date. Page S6882 Measures Reported: McConnell Amendment No. 5142 (the instruc- S. 2852, to expand the Government’s use and ad- tions (Amendment No. 5141) of the motion to ministration of data to facilitate transparency, effec- refer), of a perfecting nature. Page S6882 tive governance, and innovation, with an amendment McConnell Amendment No. 5143 (to Amend- in the nature of a substitute. (S. Rept. No. 114–396) ment No. 5142), of a perfecting nature. Page S6882 Page S6922 A motion was entered to close further debate on Conference Reports: McConnell motion to concur in the amendment of National Defense Authorization Act: By 92 yeas the House to the amendment of the Senate to the to 7 nays (Vote No. 159), Senate agreed to the con- bill, and, in accordance with the provisions of rule ference report to accompany S. 2943, to authorize XXII of the Standing Rules of the Senate, a vote on appropriations for fiscal year 2017 for military ac- cloture will occur on Saturday, December 10, 2016. tivities of the Department of Defense, for military Page S6882 construction, and for defense activities of the Depart- A unanimous-consent agreement was reached pro- ment of Energy, to prescribe military personnel viding for further consideration of the message of the strengths for such fiscal year. Pages S6862–73 House to accompany the bill at approximately 10 a.m., on Friday, December 9, 2016. Page S6929 House Messages: George P. Kazen Federal Building and United Energy and Water Development and Related States Courthouse—Cloture: Senate began consid- Agencies Appropriations Act—Cloture: Senate eration of the amendment of the House to S. 612, began consideration of the amendment of the House to designate the Federal building and United States to the amendment of the Senate to H.R. 2028, mak- courthouse located at 1300 Victoria Street in Laredo, ing appropriations for energy and water development Texas, as the ‘‘George P. Kazen Federal Building and related agencies for the fiscal year ending Sep- and United States Courthouse’’, taking action on the tember 30, 2016, taking action on the following following amendments and motions proposed there- amendments and motions proposed thereto: to: Pages S6882–83 Page S6882 Pending: Pending: McConnell motion to concur in the amendment of McConnell motion to concur in the amendment of the House to the bill. Page S6882 the House to the amendment of the Senate to the McConnell motion to concur in the amendment of bill. Page S6882 the House to the bill, with McConnell Amendment McConnell motion to concur in the amendment of No. 5144, to change the enactment date. the House to the amendment of the Senate to the Pages S6882–83 bill, with McConnell Amendment No. 5139, to McConnell Amendment No. 5145 (to Amend- change the enactment date. Page S6882 ment No. 5144), of a perfecting nature. Page S6883 D1113

VerDate Sep 11 2014 07:33 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE6.REC D08DEPT1 smartinez on DSK3GLQ082PROD with DIGEST D1114 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2016

McConnell motion to refer the message of the Enrolled Bills Presented: Page S6921 House on the bill to the Committee on Environment Executive Communications: Pages S6921–22 and Public Works, with instructions, McConnell Amendment No. 5146, to change the enactment Additional Cosponsors: Pages S6923–24 date. Page S6883 Statements on Introduced Bills/Resolutions: McConnell Amendment No. 5147 (the instruc- Pages S6924–27 tions (Amendment No. 5146) of the motion to Additional Statements: Pages S6916–19 refer), of a perfecting nature. Page S6883 Amendments Submitted: Pages S6927–28 McConnell Amendment No. 5148 (to Amend- ment No. 5147), of a perfecting nature. Page S6883 Authorities for Committees to Meet: Page S6928 A motion was entered to close further debate on Privileges of the Floor: Page S6928 McConnell motion to concur in the amendment of Record Votes: One record vote was taken today. the House to the bill, and, in accordance with the (Total—159) Pages S6872–73 provisions of rule XXII of the Standing Rules of the Senate, a vote on cloture will occur upon disposition Adjournment: Senate convened at 9:30 a.m. and of the message of the House on S. 2028, making ap- adjourned at 6:41 p.m., until 10 a.m. on Friday, De- propriations for energy and water development and cember 9, 2016. (For Senate’s program, see the re- related agencies for the fiscal year ending September marks of the Majority Leader in today’s Record on 30, 2016. Page S6882 page S6929.) Message from the President: Senate received the following message from the President of the United Committee Meetings States: (Committees not listed did not meet) Transmitting, pursuant to law, a social security STATE DEPARTMENT AND USAID totalization agreement with Brazil, titled ‘‘Agree- MANAGEMENT ment on Social Security between the United States of America and the Federative Republic of Brazil,’’ Committee on Foreign Relations: Subcommittee on State and a related agreement titled ‘‘Administrative Ar- Department and USAID Management, International rangement between the Competent Authorities of Operations, and Bilateral International Development the United States of America between the Com- concluded a hearing to examine State Department petent Authorities of the United States of America and United States Agency for International Develop- and the Federative Republic of Brazil for the Imple- ment management challenges and opportunities for mentation of the Agreement on Social Security’’; the next administration, after receiving testimony which was referred to the Committee on Finance. from Steve A. Linick, Inspector General for the De- (PM–58) Pages S6919–20 partment of State and the Broadcasting Board of Governors; and Ann Calvaresi Barr, Inspector Gen- Messages from the House: Pages S6920–21 eral, United States Agency for International Develop- Measures Placed on the Calendar: Page S6921 ment. h House of Representatives other purposes, with an amendment (H. Rept. Chamber Action 114–850, Part 1); Public Bills and Resolutions Introduced: 50 pub- H.R. 3094, to amend the Magnuson-Stevens Fish- lic bills, H.R. 6476–6525; and 6 resolutions, H. ery Conservation and Management Act to transfer to Con. Res. 183; and H. Res. 951–955, were intro- States the authority to manage red snapper fisheries duced. Pages H7567–69 in the Gulf of Mexico, with an amendment (H. Additional Cosponsors: Page H7571 Rept. 114–851); Reports Filed: Reports were filed today as follows: H.R. 5003, to reauthorize child nutrition pro- H.R. 5253, to amend the Homeland Security Act grams, and for other purposes, with an amendment of 2002 and the Immigration and Nationality Act to (H. Rept. 114–852, Part 1); improve visa security, visa applicant vetting, and for

VerDate Sep 11 2014 07:33 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE6.REC D08DEPT1 smartinez on DSK3GLQ082PROD with DIGEST December 8, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D1115 H.R. 5033, to improve the Governmentwide H.R. 5879, to amend the Internal Revenue Code management of unnecessarily duplicative Govern- of 1986 to modify the credit for production from ad- ment programs and for other purposes, with an vanced nuclear power facilities, with an amendment amendment (H. Rept. 114–853); (H. Rept. 114–863). Pages H7566–67 H.R. 1738, to amend the Homeland Security Act Journal: The House agreed to the Speaker’s approval of 2002 to direct the Secretary of Homeland Security of the Journal by voice vote. Pages H7401, H7527 to modernize and implement the national integrated Suspension—Proceedings Resumed: The House public alert and warning system to disseminate agreed to suspend the rules and pass the following homeland security information and other informa- measure which was debated on Wednesday, Decem- tion, and for other purposes, with an amendment (H. ber 7th: Rept. 114–854, Part 1); H.R. 4383, to require the Secretary of Homeland Kevin and Avonte’s Law of 2016: H.R. 4919, Security to enhance Department of Homeland Secu- amended, to amend the Violent Crime Control and rity coordination on how to identify and record in- Law Enforcement Act of 1994, to reauthorize the formation regarding individuals suspected or con- Missing Alzheimer’s Disease Patient Alert Program, victed of human trafficking, and for other purposes, and to promote initiatives that will reduce the risk of injury and death relating to the wandering charac- with an amendment (H. Rept. 114–855, Part 1); 2 H.R. 3062, to prohibit the use of eminent domain teristics of some children with autism, by a ⁄3 yea- in carrying out certain projects (H. Rept. 114–856, and-nay vote of 346 yeas to 66 nays, Roll No. 619. Part 1); Page H7412 H.R. 4579, to withdraw certain Bureau of Land Ensuring funding for the National Human Traf- Management land in the State of Utah from all ficking Hotline: The House agreed to take from the forms of public appropriation, to provide for the Speaker’s table and pass S. 2974, to ensure funding shared management of the withdrawn land by the for the National Human Trafficking Hotline. Secretary of the Interior and the Secretary of the Air Page H7412 Force to facilitate enhanced weapons testing and Unanimous Consent Agreement: Agreed by unan- pilot training, enhance public safety, and provide for imous consent that the question of adopting a mo- continued public access to the withdrawn land, to tion to recommit on S. 612 may be subject to post- provide for the exchange of certain Federal land and ponement as though under clause 8 of rule 20. State land, and for other purposes, with an amend- Pages H7412–13 ment (H. Rept. 114–857, Part 1); Energy and Water Development and Related H.R. 5714, to restore the financial solvency and Agencies Appropriations Act, 2016: Pursuant to improve the governance of the United States Postal H. Res. 949, the House concurred in the Senate Service in order to ensure the efficient and affordable amendment to H.R. 2028, making appropriations nationwide delivery of mail, and for other purposes for energy and water development and related agen- (H. Rept. 114–858, Part 1); cies for the fiscal year ending September 30, 2016, H.R. 5707, to amend title 5, United States Code, with an amendment consisting of the text of Rules to provide for certain index fund investments from Committee Print 114–70, modified by the amend- the Postal Service Retiree Health Benefits Fund, and ment printed in H. Rept. 114–849, by a yea-and- for other purposes (H. Rept. 114–859, Part 1); nay vote of 326 yeas to 96 nays, Roll No. 620. H.R. 6008, to provide transit benefits to Federal Pages H7498–H7526 employees who use the services of transportation net- H. Res. 949, the rule providing for consideration work companies within the national capital region, of the Senate amendment to the bill (H.R. 2028) and for other purposes, with amendments (H. Rept. and providing for consideration of the bill (S. 612) 114–860, Part 1); was agreed to by a yea-and-nay vote of 235 yeas to H.R. 5204, to amend the Internal Revenue Code 180 nays, Roll No. 618, after the previous question of 1986 and the Higher Education Act of 1965 to was ordered by a yea-and-nay vote of 234 yeas to provide an exclusion from income for student loan 181 nays, Roll No. 617. Pages H7403–11 forgiveness for students who have died or become Designating the Federal building and United disabled, with an amendment (H. Rept. 114–861, States courthouse located at 1300 Victoria Street Part 1); in Laredo, Texas, as the ‘‘George P. Kazen Fed- H.R. 4220, to amend the Internal Revenue Code eral Building and United States Courthouse’’: of 1986 to facilitate water leasing and water transfers The House passed S. 612, to designate the Federal to promote conservation and efficiency, with an building and United States courthouse located at amendment (H. Rept. 114–862); and 1300 Victoria Street in Laredo, Texas, as the

VerDate Sep 11 2014 07:33 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE6.REC D08DEPT1 smartinez on DSK3GLQ082PROD with DIGEST D1116 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2016 ‘‘George P. Kazen Federal Building and United Management Account, and the Central Intelligence States Courthouse’’, by a recorded vote of 360 ayes Agency Retirement and Disability System. to 61 noes, Roll No. 622. Pages H7413–98, H7526–27 Pages H7540–50 Rejected the Doyle motion to recommit the bill Meeting Hour: Agreed by unanimous consent that to the Committee on Energy and Commerce with when the House adjourns today, it adjourn to meet instructions to report the same back to the House at 3 p.m. on Monday, December 12th. Page H7551 forthwith with an amendment, by a yea-and-nay vote of 184 yeas to 236 nays, Roll No. 621. Commission on International Religious Free- Pages H7497–98, H7526 dom—Appointment: The Chair announced the Pursuant to the Rule, an amendment in the na- Speaker’s appointment of the following individual on ture of a substitute consisting of the text of Rules the part of the House to the Commission on Inter- Committee Print 114–69 shall be considered as national Religious Freedom for a term ending May adopted. Page H7413 14, 2018: Dr. Tenzin Dorjee, Fullerton, CA, to suc- H. Res. 949, the rule providing for consideration ceed Ms. Hannah Rosenthal. Page H7551 of the Senate amendment to the bill (H.R. 2028) National Advisory Committee on Institutional and providing for consideration of the bill (S. 612) Quality and Integrity—Appointment: The Chair was agreed to by a yea-and-nay vote of 235 yeas to announced the Speaker’s appointment, upon rec- 180 nays, Roll No. 618, after the previous question ommendation of the Majority Leader, of the fol- was ordered by a yea-and-nay vote of 234 yeas to lowing individual on the part of the House to the 181 nays, Roll No. 617. Pages H7403–11 National Advisory Committee on Institutional Qual- Directing the Secretary of the Senate to make a ity and Integrity to fill the existing vacancy thereon: correction in the enrollment of S. 612: The House Mr. Brian Jones, Washington, DC. Page H7551 agreed to H. Con. Res. 183, directing the Secretary Virgin Islands of the United States Centennial of the Senate to make a correction in the enrollment Commission—Appointment: Read a letter from of S. 612. Page H7527 Representative Pelosi, Minority Leader, in which she Inspector General Empowerment Act of 2016: appointed the following individual to the Virgin Is- The House agreed to discharge from committee and lands of the United States Centennial Commission: pass H.R. 6450, as amended by Representative Ms. Stacey Plaskett, United States Virgin Islands. Chaffetz, to amend the Inspector General Act of Page H7551 1978 to strengthen the independence of the Inspec- Amending chapter 97 of title 28, United States tors General. Pages H7527–31 Code, to clarify the exception to foreign sov- Federal Property Management Reform Act of ereignty immunity set forth in section 1605(a)(3) 2016: The House agreed to discharge from com- of such title: The House agreed to take from the mittee and pass H.R. 6451, to improve the Govern- Speaker’s table and pass H.R. 6477, to amend chap- ment-wide management of Federal property. ter 97 of title 28, United States Code, to clarify the Pages H7531–33 exception to foreign sovereignty immunity set forth Ensuring Access to Pacific Fisheries Act: The in section 1605(a)(3) of such title. Pages H7551–52 House agreed to discharge from committee and pass H.R. 6452, to implement the Convention on the Presidential Message: Read a message from the Conservation and Management of High Seas Fish- President wherein he transmitted an Agreement on eries Resources in the North Pacific Ocean, and to Social Security between the United States of America implement the Convention on the Conservation and and Brazil—referred to the Committee on Ways and Management of High Seas Fishery Resources in the Means and ordered to be printed (H. Doc. 114–186). South Pacific Ocean. Pages H7533–40 Page H7564 Authorizing appropriations for fiscal year 2017 Senate Message: Message received from the Senate for intelligence and intelligence-related activities today appears on page H7561. of the United States Government, the Intel- Quorum Calls—Votes: Five yea-and-nay votes and ligence Community Management Account, and one recorded vote developed during the proceedings the Central Intelligence Agency Retirement and of today and appear on pages H7410–11, H7411, Disability System: The House agreed to discharge H7412, H7525–26, H7526, and H7527. There were from committee and pass H.R. 6480, to authorize no quorum calls. appropriations for fiscal year 2017 for intelligence and intelligence-related activities of the United Adjournment: The House met at 9 a.m. and ad- States Government, the Intelligence Community journed at 4:40 p.m.

VerDate Sep 11 2014 07:33 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE6.REC D08DEPT1 smartinez on DSK3GLQ082PROD with DIGEST December 8, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D1117 on Short-Term Financing’’. Testimony was heard Committee Meetings from public witnesses. OVERSIGHT REVIEW OF THE U.S. NAVY’S DATA ACT IMPLEMENTATION CHECK-IN LITTORAL COMBAT SHIP PROGRAM Committee on Oversight and Government Reform: Sub- Committee on Armed Services: Subcommittee on Over- committee on Government Operations held a hear- sight and Investigations held a hearing entitled ing entitled ‘‘DATA Act Implementation Check-In’’. ‘‘Oversight Review of the U.S. Navy’s Littoral Com- Testimony was heard from Paula Rascona, Director, bat Ship (LCS) Program’’. Testimony was heard from Financial Management and Assurance, Government Sean Stackley, Assistant Secretary of the Navy for Accountability Office; David Mader, Controller, Of- Research, Development, and Acquisition, Depart- fice of Federal Financial Management, Office of ment of the Navy; Vice Admiral Thomas Rowden, Management and Budget; David A. Lebryk, Fiscal U.S. Navy, Commander, Naval Surface Forces; J. Mi- Assistant Secretary, Department of the Treasury; chael Gilmore, Director, Operational Test and Eval- Courtney Timberlake, Deputy Chief Financial Offi- uation, Department of Defense; Michele Mackin, Di- cer, Department of Housing and Urban Develop- rector, Acquisition and Sourcing Management, Gov- ment; and Timothy E. Gribben, Chief Financial Of- ernment Accountability Office; and Ron O’Rourke, ficer and Associate Administrator for Performance Specialist in Naval Affairs, Congressional Research Management, Small Business Administration. Service. MIXED MARTIAL ARTS: ISSUES AND Joint Meetings PERSPECTIVES No joint committee meetings were held. Committee on Energy and Commerce: Subcommittee on f Commerce, Manufacturing, and Trade held a hearing entitled ‘‘Mixed Martial Arts: Issues and Perspec- COMMITTEE MEETINGS FOR FRIDAY, tives’’. Testimony was heard from Representative DECEMBER 9, 2016 Denham and public witnesses. (Committee meetings are open unless otherwise indicated) THE IMPACT OF REGULATIONS ON SHORT- Senate TERM FINANCING No meetings/hearings scheduled. Committee on Financial Services: Subcommittee on Cap- ital Markets and Government-Sponsored Enterprises House held a hearing entitled ‘‘The Impact of Regulations No hearings are scheduled.

VerDate Sep 11 2014 07:33 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D08DE6.REC D08DEPT1 smartinez on DSK3GLQ082PROD with DIGEST D1118 CONGRESSIONAL RECORD — DAILY DIGEST December 8, 2016

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, December 9 3 p.m., Monday, December 12

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: House will meet in Pro Forma of the message of the House to accompany H.R. 2028, session at 3 p.m. Energy and Water Development and Related Agencies Appropriations Act (the legislative vehicle for the con- tinuing resolution).

Extensions of Remarks, as inserted in this issue

HOUSE Hill, J. French, Ark., E1636 Royce, Edward R., Calif., E1642, E1642 Huffman, Jared, Calif., E1636 Ryan, Paul D., Wisc., E1635 Bass, Karen, Calif., E1642 Hurt, Robert, Va., E1638 Ryan, Tim, Ohio, E1637 Bishop, Sanford D., Jr., Ga., E1653 Jackson Lee, Sheila, Tex., E1648 Scott, Austin, Ga., E1644 Boyle, Brendan F., Pa., E1664 Jenkins, Evan H., W.Va., E1647 Serrano, Jose´ E., N.Y., E1640, E1651, E1653, E1658, Brooks, Susan W., Ind., E1659 Johnson, Sam, Tex., E1661 E1664 Brown, Corrine, Fla., E1654, E1662 Jolly, David W., Fla., E1650 Sewell, Terri A., Ala., E1639, E1639 Burgess, Michael C., Tex., E1638 Jordan, Jim, Ohio, E1644 Bustos, Cheri, Ill., E1648, E1651 Kaptur, Marcy, Ohio, E1641 Shuster, Bill, Pa., E1637 Calvert, Ken, Calif., E1650 Katko, John, N.Y., E1637 Simpson, Michael K., Idaho, E1638 Carter, Earl L. ‘‘Buddy’’, Ga., E1645, E1652, E1659 LaHood, Darin, Ill., E1652 Smith, Jason, Mo., E1660 Castro, Joaquin, Tex., E1646 Lieu, Ted, Calif., E1644 Smith, Lamar, Tex., E1652 Chabot, Steve, Ohio, E1643 Lipinski, Daniel, Ill., E1647, E1649 Thompson, Mike, Calif., E1642, E1646, E1652, E1657, Chu, Judy, Calif, E1662 Maloney, Carolyn B., N.Y., E1655, E1658 E1659, E1663, E1663 Cleaver, Emanuel, Mo., E1645 Marchant, Kenny, Tex., E1649, E1660 Titus, Dina, Nev., E1636 Coffman, Mike, Colo., E1641 Matsui, Doris O., Calif., E1640, E1656, E1658, E1660, Vargas, Juan, Calif., E1640 Connolly, Gerald E., Va., E1644, E1655 E1661 Veasey, Marc A., Tex., E1641 Costello, Ryan A., Pa., E1637 McMorris Rodgers, Cathy, Wash., E1649, E1657 Visclosky, Peter J., Ind., E1635 Davis, Danny K., Ill., E1639 Mica, John L., Fla., E1647 Walorski, Jackie, Ind., E1643, E1646 DeFazio, Peter A., Ore., E1641, E1650 Miller, Jeff, Fla., E1648 Wasserman Schultz, Debbie, Fla., E1659, E1661 DeSaulnier, Mark, Calif., E1663 Moolenaar, John R., Mich., E1644, E1648, E1651 Duffy, Sean, P., Wisc., E1649 Moore, Gwen, Wisc., E1646, E1651 Webster, Daniel, Fla., E1636 Gabbard, Tulsi, Hawaii, E1657 Norcross, Donald, N.J., E1652, E1662 Welch, Peter, Vt., E1638 Graves, Sam, Mo., E1638, E1638 Poe, Ted, Tex., E1635 Westerman, Bruce, Ark., E1647 Grayson, Alan, Fla., E1639, E1645, E1651 Reichert, David G., Wash., E1653 Wilson, Frederica S., Fla., E1662 Guthrie, Brett, Ky., E1637 Rogers, Harold, Ky., E1656 Wilson, Joe, S.C., E1639, E1643, E1663 Hice, Jody B., Ga., E1649 Rohrabacher, Dana, Calif., E1656 Young, David, Iowa, E1663

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Publishing Office, at www.fdsys.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Publishing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 07:33 Dec 09, 2016 Jkt 069060 PO 00000 Frm 00006 Fmt 0664 Sfmt 0664 E:\CR\FM\D08DE6.REC D08DEPT1 smartinez on DSK3GLQ082PROD with DIGEST